N.Y. Highway Law § 10-d: Statewide preventive maintenance plan for highways and bridges

§ 10-d. Statewide preventive maintenance plan for highways and

bridges. 1. Definitions. For the purposes of this section, unless the

context or subject matter otherwise requires:

(a) "Preventive maintenance" shall mean planned activities undertaken

by the commissioner to reduce or arrest the rate of deterioration of

state highways and bridges, or to maintain such highways and bridges in

a state of good repair. These activities may correct minor defects as a

secondary benefit.

(b) "Pavement management system" shall mean a system to assist in

determining the optimum strategy to preserve state pavements in a safe

and serviceable condition at the lowest feasible total capital and

maintenance cost over the useful life of such pavement. Such system

shall conform with or exceed federal requirements and shall include an

annual survey of state highway pavement conditions.

(c) "Bridge management system" shall mean a system to assist in

determining the optimum strategy to preserve state bridges in a safe and

serviceable condition at the lowest feasible total capital and

maintenance cost over the useful life of such bridges. Such system shall

conform with or exceed federal requirements and shall include an

inspection of state bridges in accordance with section two hundred

thirty-two of this chapter.

2. Statewide preventive maintenance plan. Every year the commissioner

shall develop a five-year plan for the preventive maintenance of state

highways and bridges. The plan shall be submitted to the governor and

the chairs of the senate finance committee and the assembly ways and

means committee at the time the department submits its annual budget

request, but no later than December thirty-first of each year. The plan

shall:

(a) describe the current condition of state highways, by setting forth

the number of lane miles in each highway condition level in each

department of transportation residency and region based on an annual

pavement condition survey conducted pursuant to the department's

pavement management system;

(b) describe the current condition of state bridges, by setting forth

the number of bridges in each bridge condition level in each department

of transportation region based on an inspection of each bridge conducted

pursuant to the department's bridge management system and in accordance

with section two hundred thirty-two of this chapter;

(c) establish goals for the condition of the state's highways and

bridges for each of the next five fiscal years which can be achieved

through an integrated program of capital investment and preventive

maintenance, set forth for each highway and bridge condition level in

each department of transportation region;

(d) describe the preventive maintenance activities and levels of

funding projected to be necessary to achieve the goals for the condition

of the state's highways and bridges for each of the next five fiscal

years, set forth for each highway and bridge condition level in each

department of transportation region. Such description shall be developed

utilizing the department's pavement management and bridge management

systems;

(e) demonstrate the cost effectiveness of these preventive maintenance

activities and levels of funding through an analysis of the cost of

alternative preventive maintenance techniques over the life cycle of

state highways and bridges consistent with the highway law life cycle

requirements;

(f) summarize the preventive maintenance work which could occur if the

amounts requested for the next fiscal year pursuant to section

fourteen-b of the state finance law are appropriated, set forth for each

state highway pavement condition level by department of transportation

residency, and for each state bridge condition level by department of

transportation region; and

(g) commencing with the statewide preventive maintenance plan due no

later than December thirty-first, nineteen hundred ninety-five, provide

information relative to the prior and current fiscal year's preventive

maintenance plan, including the extent to which goals relative to the

condition of state highways and bridges established pursuant to

paragraph (c) of this subdivision have been achieved, set forth for each

state highway and bridge condition level by department of transportation

region.

3. Submission of the statewide preventive maintenance plan shall

constitute compliance with the requirements of subdivision (d) of

section fourteen-b and section twenty-six of the state finance law.

4. Incorporation of statewide preventive maintenance plan. The

statewide preventive maintenance plan developed pursuant to subdivision

two of this section shall be incorporated into the department's capital

projects statement to be submitted to the governor pursuant to section

fourteen-b of the state finance law, and shall be considered by the

division of the budget prior to the submission of the budget pursuant to

section twenty-two of the state finance law.

5. Within nine months after the enactment of the budget for fiscal

year nineteen hundred ninety-three--ninety-four, the commissioner shall

submit to the governor a summary of the preventive maintenance work

which has been undertaken or is planned to be undertaken in such fiscal

year. Copies of such summary shall forthwith be furnished to the chairs

of the senate finance committee and the assembly ways and means

committee.

6. Independent program evaluation. The commissioner shall cause to be

performed once every five years an independent evaluation of the

preventive maintenance of state highways and bridges. Such evaluation

shall be conducted by a professional engineering firm expert in the

field of preventive maintenance and preventive maintenance planning. The

first evaluation shall be submitted to the governor no later than

October first, nineteen hundred ninety-five, and succeeding evaluations

shall be submitted every five years thereafter. Such evaluation shall

include but not be limited to:

(a) an assessment of the adequacy of the preventive maintenance of

state highways and bridges;

(b) an assessment of the adequacy of the department's pavement

management system and bridge management system and recommendations for

improvements to those systems;

(c) recommendations for any improvements or technological advances in

the way in which the state should maintain state highways and bridges;

(d) an assessment as to whether the level or allocation of funding for

the preventive maintenance of state highways and bridges is sufficient

considering the goals for the condition of the state's highways and

bridges for the next five fiscal years as set forth in the statewide

preventive maintenance plan developed pursuant to subdivision two of

this section.

7. Liability provisions. No preventive maintenance plan or evaluation

of such plan required by this section shall be admissible in any action

or proceeding in which the state or any of its departments, agencies or

authorities, or any municipal corporation or other political

subdivision, or any officer or employee thereof, is a party, to prove

the existence of a particular defect or dangerous condition of a highway

or bridge; nor shall the state or any of its departments, agencies or

authorities, or any municipal corporation or other political

subdivision, or any officer or employee thereof, be held liable for

damages as a result of a failure to comply with any preventive

maintenance plan required by this section or to take any action as a

result of an evaluation of such plan.