Bill Text: NY S09211 | 2023-2024 | General Assembly | Introduced

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Bill Title: Lowers the required service life threshold for consolidated local street and highway improvement program capital projects from ten years to five years.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-06 - REFERRED TO TRANSPORTATION [S09211 Detail]

Download: New_York-2023-S09211-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9211

                    IN SENATE

                                       May 6, 2024
                                       ___________

        Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the highway law, in relation to  lowering  the  required
          service  life  threshold  for  consolidated  local  street and highway
          improvement program capital projects

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  5  of  section  10-c  of the highway law, as
     2  amended by chapter 20 of the  laws  of  1983,  is  amended  to  read  as
     3  follows:
     4    5.  For  amounts  to be distributed pursuant to this section above the
     5  funding level, as defined in this subdivision, received by  any  munici-
     6  pality,  such  municipality  shall  use at least seventy-five percent of
     7  such apportioned moneys for the construction, reconstruction or improve-
     8  ment of  local  highways,  bridges  and/or  highway-railroad  crossings,
     9  including   right  of  way  acquisition,  preliminary  engineering,  and
    10  construction supervision and inspection, where the service life  of  the
    11  project  is at least [ten] five years. Such moneys made available may be
    12  used to match other state and federal  funds  made  available  for  such
    13  projects under federal-aid highway acts. The remainder of the apportion-
    14  ment, may be used for any highway purposes, except debt service, includ-
    15  ing  but  not  limited  to,  the  acquisition of materials and equipment
    16  devoted to operation and maintenance of local highways,  bridges  and/or
    17  highway-railroad crossings and the payment of any costs directly attrib-
    18  utable  to  operation  and maintenance of local highways, bridges and/or
    19  highway-railroad crossings. At the discretion of the  commissioner,  the
    20  requirement  specified  in this subdivision may be waived for assistance
    21  payments in amounts of less than five thousand dollars. For purposes  of
    22  this  section "funding level" shall mean the average amounts, calculated
    23  for each municipality, received over  two  years  ending  March  thirty-
    24  first, nineteen hundred eighty-two from the provisions of the town high-
    25  way  improvement  program,  the  distribution made by former section one
    26  hundred twelve of this chapter, as repealed by section twenty-one of the
    27  transportation systems assistance and financing act of 1981  of  amounts

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15379-01-4
        S. 9211                             2

     1  collected  from  taxes  on  motor  fuel  imposed by sections two hundred
     2  eighty-four and two hundred eighty-four-a of the tax law and  on  Diesel
     3  motor  fuel imposed by sections two hundred eighty-two-a and two hundred
     4  eighty-two-b  of the tax law, and from motor vehicle fees collected from
     5  residents pursuant to the vehicle and traffic law, and the  distribution
     6  made  by  former  section  two  hundred seventy-nine of this chapter, as
     7  repealed by section twenty-one of the transportation systems  assistance
     8  and financing act of 1981.
     9    § 2. This act shall take effect immediately.