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 - Dead) 2020-07-17 - held for consideration in 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 iceEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09927-01-9A. 6798 2 1on state highways by the department of transportation including but not2limited to personal services, nonpersonal services and fringe benefits,3payment of emergency aid for control of snow and ice in municipalities4pursuant to section fifty-five of the highway law, expenses of control5of snow and ice on state highways by municipalities pursuant to section6twelve of the highway law, and for expenses of arterial maintenance7agreements with cities pursuant to section three hundred forty-nine of8the highway law; personal services, nonpersonal services, and fringe9benefit costs of the department of transportation for bus safety10inspection activities, rail safety inspection activities, and truck11safety inspection activities; costs of the department of motor vehicles,12including 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 ofA. 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 ice40on state highways by the department of transportation including but not41limited to personal services, nonpersonal services and fringe benefits,42payment of emergency aid for control of snow and ice in municipalities43pursuant to section fifty-five of the highway law, expenses of control44of snow and ice on state highways by municipalities pursuant to section45twelve of the highway law, and for expenses of arterial maintenance46agreements with cities pursuant to section three hundred forty-nine of47the highway law; personal services, nonpersonal services, and fringe48benefit costs of the department of transportation for bus safety49inspection activities, rail safety inspection activities, and truck50safety 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 ofA. 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.