Bill Text: NY A06798 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the dedicated highway and bridge trust fund reform act.

Spectrum: Strong Partisan Bill (Republican 28-2)

Status: (Introduced) 2019-03-20 - referred to ways and means [A06798 Detail]

Download: New_York-2019-A06798-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6798
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 20, 2019
                                       ___________
        Introduced  by M. of A. PALMESANO, BYRNE, KOLB -- read once and referred
          to the Committee on Ways and Means
        AN ACT to amend the state finance law, in relation to  establishing  the
          dedicated highway and bridge trust fund reform act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "dedicated highway and bridge trust fund reform act".
     3    § 2. Paragraph a of subdivision 5 of section 89-b of the state finance
     4  law,  as  amended  by  section 10 of part C of chapter 57 of the laws of
     5  2014, is amended to read as follows:
     6    a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
     7  following  appropriation  by  the  legislature, be utilized for:  recon-
     8  struction, replacement, reconditioning, restoration, rehabilitation  and
     9  preservation  of  state, county, town, city and village roads, highways,
    10  parkways, and bridges thereon,  to  restore  such  facilities  to  their
    11  intended   functions;   construction,  reconstruction,  enhancement  and
    12  improvement of state, county, town, city, and village  roads,  highways,
    13  parkways, and bridges thereon, to address current and projected capacity
    14  problems  including  costs  for  traffic mitigation activities; aviation
    15  projects authorized pursuant to section fourteen-j of the transportation
    16  law and for payments to the general debt service fund of  amounts  equal
    17  to  amounts  required  for service contract payments related to aviation
    18  projects as provided and authorized by section three hundred  eighty-six
    19  of the public authorities law; programs to assist small and minority and
    20  women-owned  firms  engaged  in  transportation  construction and recon-
    21  struction projects, including  a  revolving  fund  for  working  capital
    22  loans,  and  a  bonding  guarantee assistance program in accordance with
    23  provisions of this chapter; matching federal grants or apportionments to
    24  the state for highway, parkway and bridge capital projects; the acquisi-
    25  tion of real property and interests therein required or expected  to  be
    26  required in connection with such projects; preventive maintenance activ-
    27  ities  necessary  to  ensure that highways, parkways and bridges meet or
    28  exceed their optimum useful life; [expenses of control of snow  and  ice

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09927-01-9

        A. 6798                             2

     1  on  state highways by the department of transportation including but not
     2  limited to personal services, nonpersonal services and fringe  benefits,
     3  payment  of  emergency aid for control of snow and ice in municipalities
     4  pursuant  to  section fifty-five of the highway law, expenses of control
     5  of snow and ice on state highways by municipalities pursuant to  section
     6  twelve  of  the  highway  law,  and for expenses of arterial maintenance
     7  agreements with cities pursuant to section three hundred  forty-nine  of
     8  the  highway  law;  personal  services, nonpersonal services, and fringe
     9  benefit costs  of  the  department  of  transportation  for  bus  safety
    10  inspection  activities,  rail  safety  inspection  activities, and truck
    11  safety inspection activities; costs of the department of motor vehicles,
    12  including but not limited to personal and nonpersonal  services;]  costs
    13  of  engineering  and administrative services of the department of trans-
    14  portation, including but not limited to fringe  benefits;  the  contract
    15  services  provided  by private firms in accordance with section fourteen
    16  of the transportation law; personal services and  nonpersonal  services,
    17  for  activities including but not limited to the preparation of designs,
    18  plans, specifications and estimates; construction management and  super-
    19  vision  activities;  costs  of appraisals, surveys, testing and environ-
    20  mental  impact  statements  for  transportation  projects;  expenses  in
    21  connection  with  buildings, equipment, materials and facilities used or
    22  useful in connection with the  maintenance,  operation,  and  repair  of
    23  highways,   parkways   and  bridges  thereon;  and  project  costs  for:
    24  construction, reconstruction, improvement, reconditioning and  preserva-
    25  tion  of rail freight facilities and intercity rail passenger facilities
    26  and equipment; construction, reconstruction, improvement, reconditioning
    27  and  preservation  of  state,  municipal  and  privately  owned   ports;
    28  construction,  reconstruction, improvement, reconditioning and preserva-
    29  tion of municipal airports; privately owned airports and aviation  capi-
    30  tal  facilities, excluding airports operated by the state or operated by
    31  a bi-state municipal corporate instrumentality for which federal funding
    32  is not available provided the project is  consistent  with  an  approved
    33  airport  layout  plan;  and  construction,  reconstruction, enhancement,
    34  improvement, replacement,  reconditioning,  restoration,  rehabilitation
    35  and  preservation  of state, county, town, city and village roads, high-
    36  ways, parkways and bridges; and construction,  reconstruction,  improve-
    37  ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
    38  municipal and privately owned ferry lines for  transportation  purposes,
    39  and  the  payment  of debt service required on any bonds, notes or other
    40  obligations and  related  expenses  for  highway,  parkway,  bridge  and
    41  project  costs  for: construction, reconstruction, improvement, recondi-
    42  tioning and preservation of rail freight facilities and  intercity  rail
    43  passenger   facilities   and  equipment;  construction,  reconstruction,
    44  improvement, reconditioning and preservation  of  state,  municipal  and
    45  privately owned ports; construction, reconstruction, improvement, recon-
    46  ditioning  and  preservation  of  municipal  airports;  privately  owned
    47  airports and aviation capital facilities, excluding airports operated by
    48  the state or operated by a bi-state municipal corporate  instrumentality
    49  for  which  federal  funding  is  not  available provided the project is
    50  consistent with an approved airport layout  plan;  construction,  recon-
    51  struction, enhancement, improvement, replacement, reconditioning, resto-
    52  ration, rehabilitation and preservation of state, county, town, city and
    53  village  roads, highways, parkways and bridges; and construction, recon-
    54  struction, improvement, reconditioning and preservation of  fixed  ferry
    55  facilities  of municipal and privately owned ferry lines for transporta-
    56  tion purposes, purposes authorized on or after  the  effective  date  of

        A. 6798                             3
     1  this  section.  Beginning with disbursements made on and after the first
     2  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
     3  be  available  to  pay such costs or expenses made pursuant to appropri-
     4  ations or reappropriations made during the state fiscal year which began
     5  on  the first of April, nineteen hundred ninety-two. Beginning the first
     6  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
     7  also  be  used  for  transfers  to the general debt service fund and the
     8  revenue bond tax fund of amounts equal to that respectively required for
     9  service contract  and  financing  agreement  payments  as  provided  and
    10  authorized  by  section  three  hundred eighty of the public authorities
    11  law, section eleven of chapter three hundred twenty-nine of the laws  of
    12  nineteen  hundred ninety-one, as amended, and sections sixty-eight-c and
    13  sixty-nine-o of this chapter.
    14    § 3. Paragraph a of subdivision 5 of section 89-b of the state finance
    15  law, as amended by section 11 of part C of chapter 57  of  the  laws  of
    16  2014, is amended to read as follows:
    17    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
    18  following appropriation by the legislature, be  utilized  for:    recon-
    19  struction,  replacement, reconditioning, restoration, rehabilitation and
    20  preservation of state, county, town, city and village  roads,  highways,
    21  parkways,  and  bridges  thereon,  to  restore  such facilities to their
    22  intended  functions;  construction,  reconstruction,   enhancement   and
    23  improvement  of  state, county, town, city, and village roads, highways,
    24  parkways, and bridges thereon, to address current and projected capacity
    25  problems including costs for  traffic  mitigation  activities;  aviation
    26  projects authorized pursuant to section fourteen-j of the transportation
    27  law  and  for payments to the general debt service fund of amounts equal
    28  to amounts required for service contract payments  related  to  aviation
    29  projects  as provided and authorized by section three hundred eighty-six
    30  of the public authorities law; programs to assist small and minority and
    31  women-owned firms engaged  in  transportation  construction  and  recon-
    32  struction  projects,  including  a  revolving  fund  for working capital
    33  loans, and a bonding guarantee assistance  program  in  accordance  with
    34  provisions of this chapter; matching federal grants or apportionments to
    35  the state for highway, parkway and bridge capital projects; the acquisi-
    36  tion  of  real property and interests therein required or expected to be
    37  required in connection with such projects; preventive maintenance activ-
    38  ities necessary to ensure that highways, parkways and  bridges  meet  or
    39  exceed  their  optimum useful life; [expenses of control of snow and ice
    40  on state highways by the department of transportation including but  not
    41  limited  to personal services, nonpersonal services and fringe benefits,
    42  payment of emergency aid for control of snow and ice  in  municipalities
    43  pursuant  to  section fifty-five of the highway law, expenses of control
    44  of snow and ice on state highways by municipalities pursuant to  section
    45  twelve  of  the  highway  law,  and for expenses of arterial maintenance
    46  agreements with cities pursuant to section three hundred  forty-nine  of
    47  the  highway  law;  personal  services, nonpersonal services, and fringe
    48  benefit costs  of  the  department  of  transportation  for  bus  safety
    49  inspection  activities,  rail  safety  inspection  activities, and truck
    50  safety inspection activities;] costs of engineering  and  administrative
    51  services  of the department of transportation, including but not limited
    52  to fringe benefits; the contract services provided by private  firms  in
    53  accordance  with  section  fourteen  of the transportation law; personal
    54  services and nonpersonal services,  for  activities  including  but  not
    55  limited  to  the preparation of designs, plans, specifications and esti-
    56  mates; construction management  and  supervision  activities;  costs  of

        A. 6798                             4
     1  appraisals,  surveys,  testing  and  environmental impact statements for
     2  transportation projects; expenses in connection with  buildings,  equip-
     3  ment,  materials  and  facilities  used or useful in connection with the
     4  maintenance,  operation,  and  repair  of highways, parkways and bridges
     5  thereon; and project costs for: construction,  reconstruction,  improve-
     6  ment,  reconditioning  and  preservation  of rail freight facilities and
     7  intercity rail passenger facilities and equipment; construction,  recon-
     8  struction, improvement, reconditioning and preservation of state, munic-
     9  ipal  and  privately owned ports; construction, reconstruction, improve-
    10  ment, reconditioning and preservation of municipal  airports;  privately
    11  owned airports and aviation capital facilities, excluding airports oper-
    12  ated  by the state or operated by a bi-state municipal corporate instru-
    13  mentality for which  federal  funding  is  not  available  provided  the
    14  project  is  consistent  with  an  approved  airport  layout  plan;  and
    15  construction,  reconstruction,  enhancement,  improvement,  replacement,
    16  reconditioning,  restoration,  rehabilitation and preservation of state,
    17  county, town, city and village roads, highways,  parkways  and  bridges;
    18  and  construction, reconstruction, improvement, reconditioning and pres-
    19  ervation of fixed ferry facilities  of  municipal  and  privately  owned
    20  ferry lines for transportation purposes, and the payment of debt service
    21  required  on  any bonds, notes or other obligations and related expenses
    22  for highway, parkway, bridge and project costs for: construction, recon-
    23  struction, improvement, reconditioning and preservation of rail  freight
    24  facilities  and  intercity  rail  passenger  facilities  and  equipment;
    25  construction, reconstruction, improvement, reconditioning and  preserva-
    26  tion of state, municipal and privately owned ports; construction, recon-
    27  struction,  improvement,  reconditioning  and  preservation of municipal
    28  airports; privately owned  airports  and  aviation  capital  facilities,
    29  excluding  airports  operated  by  the  state  or operated by a bi-state
    30  municipal corporate instrumentality for which  federal  funding  is  not
    31  available  provided  the  project is consistent with an approved airport
    32  layout plan;  construction,  reconstruction,  enhancement,  improvement,
    33  replacement,  reconditioning,  restoration, rehabilitation and preserva-
    34  tion of state, county, town, city and village roads, highways,  parkways
    35  and bridges; and construction, reconstruction, improvement, recondition-
    36  ing and preservation of fixed ferry facilities of municipal and private-
    37  ly owned ferry lines for transportation purposes, purposes authorized on
    38  or  after  the  effective date of this section. Beginning with disburse-
    39  ments made on and after the first day of April, nineteen  hundred  nine-
    40  ty-three,  moneys  in  such fund shall be available to pay such costs or
    41  expenses made pursuant to appropriations or reappropriations made during
    42  the state fiscal year which  began  on  the  first  of  April,  nineteen
    43  hundred  ninety-two.  Beginning the first day of April, nineteen hundred
    44  ninety-three, moneys in such fund shall also be used  for  transfers  to
    45  the  general  debt service fund and the revenue bond tax fund of amounts
    46  equal to that respectively required for service contract  and  financing
    47  agreement  payments  as provided and authorized by section three hundred
    48  eighty of the public authorities law, section eleven  of  chapter  three
    49  hundred  twenty-nine  of  the  laws  of  nineteen hundred ninety-one, as
    50  amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
    51    § 4. This act shall take effect immediately; provided,  however,  that
    52  the  amendments  to  paragraph a of subdivision 5 of section 89-b of the
    53  state finance law made by section two of this act shall  be  subject  to
    54  the  expiration and reversion of such paragraph pursuant to section 2 of
    55  part B of chapter 84 of the laws of 2002, as  amended,  when  upon  such
    56  date the provisions of section three of this act shall take effect.
feedback