Section 14. General functions, powers and duties of department

The
  department, by or  through  the  commissioner  or  his  duly  authorized
  officer  or employee, shall have the following general functions, powers
  and duties:
    1. To coordinate and develop  comprehensive,  balanced  transportation
  policy  and  planning  for  the  state  to  meet  the present and future
  statewide  needs  for  adequate,  safe  and   efficient   transportation
  facilities and services at reasonable cost to the people;
    2.  To coordinate and assist in the balanced development and operation
  of such transportation facilities and services in the  state,  including
  highway, mass transit, marine and aviation facilities;
    3. To develop policies and proposals designed to help meet and resolve
  the   special   problems   of   urban  and  commuter  transportation  in
  metropolitan areas throughout the state  and  the  special  problems  of
  transportation of other areas of the state.
    4. To make such studies and analyses of transportation problems as the
  commissioner may deem appropriate or as may be requested by the governor
  relating to any aspect of transportation in the state.
    5. To consult with and co-operate with
    (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.