New York Laws
Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation
14 - General Functions, Powers and Duties of Department.

(a) officials of departments and agencies of the state having duties
and responsibilities concerning transportation;
(b) officials and representatives of public corporations as defined in
article one, section three of the general corporation law;
(c) official representatives of the federal government, of neighboring
states and of interstate agencies on problems affecting transportation
in this state;
(d) officials and representatives of carriers and transportation
facilities and systems in the state;
(e) persons, organizations and groups utilizing, served by, interested
in or concerned with transportation facilities and systems in the state.
6. To appear and participate in proceedings before any federal
regulatory agency involving or affecting transportation in this state.
7. For the accomplishment of the purposes of the department of
transportation, to undertake any studies, inquiries, surveys or analyses
it may deem relevant through the personnel of the department or in
cooperation with any public or private agencies, including educational,
civic and research organizations, colleges, universities, institutes or
foundations.
8. To inspect the property and examine the accounts, books and
documents of any person, firm or corporation engaged in operating a
public transportation facility or system in whole or in part within the
state; may hold investigations and hearings within or without the state;
and shall have power to compel the attendance of witnesses and the
production of accounts, books and documents by the issuance of a
subpoena.
9. To advise and cooperate with municipal, county, regional and other
local agencies and officials within the state to plan and otherwise
coordinate the development of a system of air routes, airports and
landing fields within the state and to protect their approaches.
10. To cooperate with other state departments, and with boards,
commissions and other state agencies and with appropriate federal
agencies, and with interested private individuals and groups in the
coordination of plans and policies for the development of air commerce
and air facilities.
11. To act as the official agency of the state in all matters
affecting aviation under any federal laws now or hereafter to be
enacted, and as the official agency of a county, town, city, village or
authority in connection with the grant or advance of any federal or

other funds or credits to the state or through the state to its local
governing bodies for airports and other air facilities complying with
the provisions of such grants or advances.
12. To exercise all functions, powers and duties relating to traffic
regulation and control as set forth in the vehicle and traffic law or in
other laws.
13. To report from time to time to the governor and make an annual
report to the governor and the legislature which shall include its
recommendations.
14. To formulate and execute contracts, keep accounts, record
personnel data, acquire property, adjust claims, compile statistics and
engage in research opportunities; all according to the statutes or
department orders and regulations in such cases made and provided.
14-a. To conduct or cause to be conducted an inventory of air
transportation facilities, both publicly or privately owned, that are
primarily used for general aviation purposes and provide no regularly
scheduled passenger aircraft service that results in more than two
thousand five hundred enplaned passengers annually; and to submit, on or
before February first, nineteen hundred ninety-six, and annually
thereafter, such inventory to the governor, the temporary president of
the senate, the speaker of the assembly, the minority leader of the
senate, the minority leader of the assembly, the chair of the senate
finance committee and the chair of the assembly ways and means
committee, the chairs of the senate transportation, local governments
and commerce, economic development and small business committees, and
the chairs of the assembly transportation, local government and economic
development, job creation, commerce and industry committees.
15. To prepare the plans, specifications, designs and estimates, and,
by the procedures and methods provided by the laws relating thereto, to
construct and reconstruct:
(a) The highways and other public ways that are now or shall hereafter
be under the jurisdiction of the department for such purposes, whether
generally or specially;
(b) The canals, waterways of the state and structures that are now or
shall hereafter be under the jurisdiction of the department for such
purposes;
(c) The bridges and grade separation structures that are now or shall
hereafter be under the jurisdiction of the department for such purposes;
(d) Parking facilities and appurtenances at or adjacent to
transportation interfaces and connections to such facilities.
15-a. In addition to any other notification requirements, the
commissioner shall notify the municipality in which the highway is
located at least sixty days before commencing construction if such
construction shall result in any alteration of the course of such
highway or any alteration in the width of the pavement of such highway.
16. To operate and maintain: (a) the state highways, other public
ways, bridges and grade separations; (b) the canals, waterways of the
state and structures; and (c) either on its own account or by agreement
with a municipality, authority or private contractor, parking facilities
and appurtenances at or adjacent to transportation interfaces and
connections to such facilities; all of which are mentioned generally in
the previous subdivision of this section.
17. Notwithstanding the provisions of this chapter or of any general
or special law, and whenever funds therefor are available or have been
otherwise provided, the commissioner is hereby authorized and empowered,
subject to the approval of the division of the budget, to retain and
employ private engineers, architects and consultants, or firms
practicing such professions for purposes of (1) preparing designs, plans

and estimates of structures of any type and character, (2) rendering
assistance and advice in connection with any project, whether defined or
proposed, and under the supervision of the department of transportation,
(3) preparing surveys, studies and plans, including the negotiating for
and securing of reservation easements necessary to such plans, for joint
development of transportation corridors and provision for multiple use
outside the counties of Kings and Queens of rights of way appurtenant
thereto, and (4) performing such other and necessary services as the
commissioner may deem necessary in the administration of the department.
18. To make and prescribe rules and regulations in relation to the
discharge of the commissioner's functions, powers and duties and those
of the department of transportation.
19. The commissioner shall exercise the powers and perform the duties
of the commission on boundary waters between the United States and
Canada, created by chapter eight hundred six of the laws of nineteen
hundred twenty.
20. The commissioner shall exercise all powers and duties vested in
terms in the commissioner or commission of highways since July first,
nineteen hundred twenty-three, and also shall exercise the powers and
perform the duties of the interstate bridge commission as prescribed by
article two-A of this chapter.
21. The commissioner shall continue to
(a) Keep in his office a map of the state and cause to be delineated
thereon all changes in the bounds thereof or of the counties therein.
(b) Collect and preserve all maps, plans, drawings, field notes,
levels and surveys of every description made for the use of the state
and all engineering instruments belonging to the state.
The maps, drawings and other documents deposited in the department
shall be open for inspection of the public at all reasonable hours, but
shall not be removed or taken therefrom.
22. The commissioner may establish a schedule of fees to be collected
by him for (a) the filing in his office or department of any map or
written instrument required by law to be so filed; (b) the preparation
of any copy of a map or written instrument filed in his office or
department; (c) for certifying any such map or written instrument; and
(d) for any other service rendered in connection with the work of his
department and for which he deems it necessary to charge and to collect
a fee therefor.
23. When moneys shall have been appropriated therefor, to conduct
systematic gaging of rainfall and stream flow in the state in connection
with the barge canal system.
24. It shall be the duty of officers and employees of the department
of transportation to report to the commissioner, on blanks to be
furnished by the state industrial commissioner, any and all violations
any such officer or employee may personally observe or have brought to
his attention relating to any of the provisions of articles eight and
eight-a of the labor law. The industrial commissioner may investigate,
or hold a hearing to determine if such acts or omissions so reported
constitute a violation of any of the provisions of said articles. The
commissioner upon notification of such violation and determination by
the industrial commissioner shall thereupon take proceedings to enforce
the provisions of such articles.
25. Moneys heretofore received by the department of transportation
pursuant to any law or to an order, rule or regulation made and
prescribed by the commissioner regulating the discharge of his
functions, powers and duties and those of the department and moneys
heretofore or hereafter received pursuant to rules and regulations of
the divisions or bureaus in said department regulating the discharge of

their function, powers and duties, respectively, may be refunded to the
party for whose account same were received, on proof satisfactory to the
commissioner that such moneys were in excess of the amount required by
such law, order, rule or regulation. Such refunds shall, upon approval
by the commissioner and after audit by the comptroller, be paid from any
moneys in the custody of the department of transportation received as
fees, charges, rentals or to insure the performance of conditions
imposed under permits pursuant to such orders, rules or regulations.
26. To exercise and perform such other functions, powers and duties as
shall have been or may be from time to time conferred or imposed by law,
including all the functions, powers and duties assigned and transferred
to the department from the department of commerce, the department of
motor vehicles, the department of public works and the office of
transportation in the executive department by several chapters of the
laws of nineteen hundred sixty-seven and from the public service
commission of the department of public service by chapter two hundred
sixty-seven of the laws of nineteen hundred seventy.
27. Within amounts appropriated to the department, to contract,
outside the city of New York, with federally-funded nonprofit
organizations that are organized for the purpose of beautification of
highways, parks and recreation areas and employ persons sixty years of
age or older whose net annual income does not exceed one thousand
dollars to carry out such activities. The contract shall name the
organization, the amount and manner of payment for the service to be
rendered, nature of such service, the rendering of a verified account of
the disbursements with verified or certified vouchers therefor attached,
a refund of any unused amount, and such other conditions upon the use
thereof as may be deemed proper.
28. Within amounts appropriated therefor to engage in a program of
improvements to omnibus terminals, and services attendant thereto, such
improvements and services to include, but not be limited to,
rehabilitation of existing facilities, supplying information on
available transportation services to the traveling public, and the
provision of connecting services between transportation modes.
29. (a) The commissioner shall develop and implement an
Adopt-a-Highway Program, the purpose of which shall be to reduce and
remove litter from the state highways. Such program shall include but
not be limited to:
(i) providing and coordinating services by volunteers or groups to
reduce the amount of litter on the highways of the state including
safety briefings, reflective safety gear, trash bags, and trashbag pick
up on state highways.
(ii) providing and installing highway signs identifying those
volunteers or groups adopting particular segments of such highways.
(b) Notwithstanding any inconsistent provision of law, the state and
its employees shall not be liable for damages suffered by any person
resulting from the actions or activities of such volunteers or groups.
(c) The commissioner shall promulgate rules and regulations necessary
to implement and carry out the provisions of this subdivision.
30. To establish regulations for the determination of hazardous zones
pursuant to the provisions of section thirty-six hundred thirty-five-b
of the education law.
31. To develop a plan to maximize the use of telecommuting to conserve
energy otherwise used by the personnel of the department in commuting to
their assigned workplace. Within one year of the effective date of this
subdivision, the department shall submit a report to the governor and
the legislature on the impact of such plan to include, but not be

limited to, energy conservation, air quality, workforce acceptance,
office costs and potential cost savings.
32. To cooperate with the department of environmental conservation,
the department of economic development, and the department of motor
vehicles to assist employers who seek such assistance and who are
located in a severe non-attainment area for ozone, as designated by the
administrator of the United States environmental protection agency, to
increase average passenger occupancy per vehicle in commuting trips of
employees between home and workplace during peak travel periods.
33. (a) To promulgate, in consultation with the department of
environmental conservation, rules and regulations to implement a heavy
duty vehicle inspection program pursuant to section 19-0320 of the
environmental conservation law, including, but not limited to,
requirements for the roadside inspection of heavy duty vehicles.
(b) To examine, in a manner and at locations deemed appropriate by the
commissioner in consultation with the commissioner of the department of
environmental conservation, heavy duty vehicles, as such vehicles are
defined in section 19-0320 of the environmental conservation law, to
ascertain whether such vehicles are in compliance with the program for
the inspection of emissions and emissions control equipment established
pursuant to such section 19-0320.
34. To issue certifications with respect to the transportation
improvement credit, as provided for by section twenty of the tax law.
35. Within amounts appropriated therefor, to establish and administer
a safe routes to school program, the purpose of which is to eliminate or
reduce physical impediments to primary and secondary school-aged
children walking or bicycling to school.
(a) The commissioner is hereby vested with the authority and
responsibility to approve funding for projects authorized in paragraph
(b) of this subdivision. The funding of projects will be made upon
application, in a format prescribed by the commissioner, by the project
sponsor for funding of prior expenditures. Provided, however, that
nothing contained in this subdivision shall prohibit any project sponsor
from submitting any project authorized by such paragraph (b) for
consideration for federal funding within the process by which federal
funds are obtained, and obtaining such funds.
(b) Safe routes to school projects shall be limited to project costs
for the construction, reconstruction, enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation and
preservation of crosswalks, sidewalks, bicycle lanes, and traffic
calming measures where the service life of the project is at least ten
years. Funding of project expenditures for an approved project shall
require certification from the project sponsor that:
(i) the project has a service life of ten or more years;
(ii) the project is located within two miles of a primary school or
within three miles of a secondary school;
(iii) the amount of funds requested is no greater than prior
unreimbursed municipal project expenditures for work completed or
materials incorporated in qualifying projects; and
(iv) the amount of municipal funds appropriated for transportation
capital projects by municipalities shall not be reduced because of the
availability of these funds.
(c) The commissioner shall request the project sponsors to furnish
such information in writing as may be necessary. By written agreement
between them, a county may act for one or more cities, towns or villages
in the implementation of projects eligible for funding pursuant to this
subdivision. A copy of such agreement shall be filed with the
commissioner.
(d) Consideration also shall be given to the demonstrated need of an
applicant, the potential of the project to reduce child injuries and
fatalities, and the potential of the project to reduce or eliminate
hazardous conditions for pedestrians and/or bicyclists.
(e) For the purposes of this subdivision, "traffic calming measures"
shall mean any physical engineering measure or measures that reduce the
negative effects of motor vehicle use, alter driver behavior and improve
conditions for non-motorized street users such as pedestrians and
bicyclists.
36. To prepare and submit reports on highway pavement and bridge
conditions, capital program letting and implementation, capital program
accomplishments, and non-MTA downstate suburban and upstate transit
capital programs. The commissioner shall be responsible for issuing the
following reports in a searchable electronic format accessible to users
to the governor, temporary president of the senate, speaker of the
assembly, the chair of the senate transportation committee, the chair of
the assembly transportation committee, the chair of the senate finance
committee and the chair of the assembly ways and means committee:
(a) On or before June first, two thousand twenty-two and by June first
of each year thereafter, a report for each state fiscal year detailing
the department's on-state system capital projects and off-state system
local capital projects, as defined in subdivision two-a of section two
of the state finance law, planned for the fiscal year including projects
receiving funds pursuant to New York works. Such report shall include
projects expected to be advertised for public bid in the respective
state fiscal year, including estimated letting dates by department
region. The report shall also include a project description, proposed
month of letting, project identification number, and preliminary project
cost estimates. Such report shall present project letting details by
department region, within region by funding source, within funding
source by capital program category (pavement preservation, pavement
reconstruction, bridge preservation, bridge rehabilitation or
replacement, safety, mobility, and other), and within capital program
category by project phase (scoping, preliminary engineering,
right-of-way, final design and construction). After completion of each
quarter, the department shall issue a report, including the actual
letting dates and contract amounts for each project accompanied by the
same information. The report shall also compare changes in planned
construction lettings with actual project lettings, changes in project
costs of more than twenty-five percent for projects exceeding fifteen
million dollars and the contributing factors for such project cost
changes, and changes in project letting schedules of more than twelve
months and contributing factors for such changes in letting schedules,
and the estimated number of jobs created by each project. For purposes
of this subdivision, "preliminary project cost estimates" shall mean
publicly available project cost estimates including those required by
the Statewide Transportation Improvement Program (STIP) established
pursuant to Title 23 U.S.C. sections 134 and 135, Title 23 C.F.R. Part
450 and Title 49 U.S.C. Chapter 53 and those required by Transportation
Improvement Programs (TIPs) as defined by Title 23 U.S.C. section
134(b)(6). For projects without such estimates, such term shall mean
estimates in the following ranges: one to one hundred thousand dollars,
one hundred thousand to two hundred fifty thousand dollars, two hundred
fifty thousand to five hundred thousand dollars, five hundred thousand
to one million dollars, one million to two million five hundred thousand
dollars, two million five hundred thousand to five million dollars, five
million to ten million dollars, ten million to fifteen million dollars,
fifteen million to twenty-five million dollars, twenty-five million to

seventy-five million dollars, seventy-five million to one hundred fifty
million dollars, and one hundred fifty million dollars or greater.
(b) On or before June first, two thousand twenty-two and by June first
of each year thereafter, an accomplishment report for the prior state
fiscal year detailing the amount of funding obligated for major capital
program categories including: pavement preservation, pavement
reconstruction, bridge preservation, bridge rehabilitation or
replacement, safety, and mobility. Such capital report shall present
details by department region, within region by funding source, within
funding source by capital program category and within capital program
category by project phase, including by scoping, preliminary
engineering, right-of-way, final design and construction phase.
(c) On or before June first, two thousand twenty-two and by June first
of each year thereafter, a highway pavement and bridge condition report
that details conditions of state highway pavement by department region
and statewide condition goals for pavement, the condition of state and
locally owned bridges by county and the statewide condition goals for
bridge conditions, as well as the respective goals for each of these
classes for the previous three years.
(d) (i) On or before June first, two thousand twenty-two and by June
first of each year thereafter, a report detailing the allocations and
disbursements made by the department for the prior state fiscal year of
capital funds appropriated for public transportation providers within
the metropolitan commuter transportation district that exclude the
metropolitan transportation authority and its subsidiaries, and for
public transportation providers outside the metropolitan commuter
transportation district. The report on capital fund use shall indicate
the amount of capital funds allocated and disbursed by the department to
each respective transportation provider by capital element, including,
but not limited to: rolling stock and buses, passenger stations, track,
line equipment, line structures, signals and communications, power
equipment, emergency power equipment and substations, shops, yards,
maintenance facilities, depots and terminals, service vehicles, security
systems, electrification extensions, and unspecified, miscellaneous and
emergency.
(ii) On or before June first, two thousand twenty-two and by June
first of every fifth year thereafter, the department shall conduct a
needs assessment for each public transportation provider, excluding the
metropolitan transportation authority and its subsidiaries, that
includes but is not limited to: vehicle age and condition, facility and
equipment state of good repair, and consistency with federal and state
system safety plans. For purposes of this subparagraph, the term "public
transportation provider" shall mean those public transportation systems
receiving capital funds from the state, and the term "public
transportation system" shall have the same meaning as such term is
defined in subdivision one of section eighteen-b of this article,
excluding the metropolitan transportation authority and its
subsidiaries.