§ 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:

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(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 § 14-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 § 14 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 § 14-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 § 22 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.