Bill Text: NY A05790 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the dedicated highway and bridge trust fund reform act; ensures that money deposited into the Dedicated Highway and Bridge Trust Fund is spent on construction purposes and not DOT and DMV operational activities.

Spectrum: Strong Partisan Bill (Republican 24-2)

Status: (Introduced - Dead) 2022-06-01 - held for consideration in ways and means [A05790 Detail]

Download: New_York-2021-A05790-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5790

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 25, 2021
                                       ___________

        Introduced by M. of A. PALMESANO, BARCLAY, BLANKENBUSH, BRABENEC, BYRNE,
          DeSTEFANO,  J. M. GIGLIO,  RA,  MONTESANO, MORINELLO, NORRIS, SCHMITT,
          SMULLEN,  DiPIETRO,  FRIEND,  MANKTELOW,  B. MILLER,  WALSH,  WALCZYK,
          TAGUE, McDONOUGH, REILLY, ABINANTI, HAWLEY -- Multi-Sponsored by -- M.
          of A.  BYRNES, COOK -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08097-01-1
        A. 5790                             2

     1  loans, and a bonding guarantee assistance  program  in  accordance  with
     2  provisions of this chapter; matching federal grants or apportionments to
     3  the state for highway, parkway and bridge capital projects; the acquisi-
     4  tion  of  real property and interests therein required or expected to be
     5  required in connection with such projects; preventive maintenance activ-
     6  ities necessary to ensure that highways, parkways and  bridges  meet  or
     7  exceed  their  optimum useful life; [expenses of control of snow and ice
     8  on state highways by the department of transportation including but  not
     9  limited  to personal services, nonpersonal services and fringe benefits,
    10  payment of emergency aid for control of snow and ice  in  municipalities
    11  pursuant  to  section fifty-five of the highway law, expenses of control
    12  of snow and ice on state highways by municipalities pursuant to  section
    13  twelve  of  the  highway  law,  and for expenses of arterial maintenance
    14  agreements with cities pursuant to section three hundred  forty-nine  of
    15  the  highway  law;  personal  services, nonpersonal services, and fringe
    16  benefit costs  of  the  department  of  transportation  for  bus  safety
    17  inspection  activities,  rail  safety  inspection  activities, and truck
    18  safety inspection activities; costs of the department of motor vehicles,
    19  including but not limited to personal and nonpersonal  services;]  costs
    20  of  engineering  and administrative services of the department of trans-
    21  portation, including but not limited to fringe  benefits;  the  contract
    22  services  provided  by private firms in accordance with section fourteen
    23  of the transportation law; personal services and  nonpersonal  services,
    24  for  activities including but not limited to the preparation of designs,
    25  plans, specifications and estimates; construction management and  super-
    26  vision  activities;  costs  of appraisals, surveys, testing and environ-
    27  mental  impact  statements  for  transportation  projects;  expenses  in
    28  connection  with  buildings, equipment, materials and facilities used or
    29  useful in connection with the  maintenance,  operation,  and  repair  of
    30  highways,   parkways   and  bridges  thereon;  and  project  costs  for:
    31  construction, reconstruction, improvement, reconditioning and  preserva-
    32  tion  of rail freight facilities and intercity rail passenger facilities
    33  and equipment; construction, reconstruction, improvement, reconditioning
    34  and  preservation  of  state,  municipal  and  privately  owned   ports;
    35  construction,  reconstruction, improvement, reconditioning and preserva-
    36  tion of municipal airports; privately owned airports and aviation  capi-
    37  tal  facilities, excluding airports operated by the state or operated by
    38  a bi-state municipal corporate instrumentality for which federal funding
    39  is not available provided the project is  consistent  with  an  approved
    40  airport  layout  plan;  and  construction,  reconstruction, enhancement,
    41  improvement, replacement,  reconditioning,  restoration,  rehabilitation
    42  and  preservation  of state, county, town, city and village roads, high-
    43  ways, parkways and bridges; and construction,  reconstruction,  improve-
    44  ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
    45  municipal and privately owned ferry lines for  transportation  purposes,
    46  and  the  payment  of debt service required on any bonds, notes or other
    47  obligations and  related  expenses  for  highway,  parkway,  bridge  and
    48  project  costs  for: construction, reconstruction, improvement, recondi-
    49  tioning and preservation of rail freight facilities and  intercity  rail
    50  passenger   facilities   and  equipment;  construction,  reconstruction,
    51  improvement, reconditioning and preservation  of  state,  municipal  and
    52  privately owned ports; construction, reconstruction, improvement, recon-
    53  ditioning  and  preservation  of  municipal  airports;  privately  owned
    54  airports and aviation capital facilities, excluding airports operated by
    55  the state or operated by a bi-state municipal corporate  instrumentality
    56  for  which  federal  funding  is  not  available provided the project is
        A. 5790                             3

     1  consistent with an approved airport layout  plan;  construction,  recon-
     2  struction, enhancement, improvement, replacement, reconditioning, resto-
     3  ration, rehabilitation and preservation of state, county, town, city and
     4  village  roads, highways, parkways and bridges; and construction, recon-
     5  struction, improvement, reconditioning and preservation of  fixed  ferry
     6  facilities  of municipal and privately owned ferry lines for transporta-
     7  tion purposes, purposes authorized on or after  the  effective  date  of
     8  this  section.  Beginning with disbursements made on and after the first
     9  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
    10  be  available  to  pay such costs or expenses made pursuant to appropri-
    11  ations or reappropriations made during the state fiscal year which began
    12  on the first of April, nineteen hundred ninety-two. Beginning the  first
    13  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
    14  also be used for transfers to the general  debt  service  fund  and  the
    15  revenue bond tax fund of amounts equal to that respectively required for
    16  service  contract  and  financing  agreement  payments  as  provided and
    17  authorized by section three hundred eighty  of  the  public  authorities
    18  law,  section eleven of chapter three hundred twenty-nine of the laws of
    19  nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
    20  sixty-nine-o of this chapter.
    21    § 3. Paragraph a of subdivision 5 of section 89-b of the state finance
    22  law,  as  amended  by  section 11 of part C of chapter 57 of the laws of
    23  2014, is amended to read as follows:
    24    a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
    25  following  appropriation  by  the  legislature, be utilized for:  recon-
    26  struction, replacement, reconditioning, restoration, rehabilitation  and
    27  preservation  of  state, county, town, city and village roads, highways,
    28  parkways, and bridges thereon,  to  restore  such  facilities  to  their
    29  intended   functions;   construction,  reconstruction,  enhancement  and
    30  improvement of state, county, town, city, and village  roads,  highways,
    31  parkways, and bridges thereon, to address current and projected capacity
    32  problems  including  costs  for  traffic mitigation activities; aviation
    33  projects authorized pursuant to section fourteen-j of the transportation
    34  law and for payments to the general debt service fund of  amounts  equal
    35  to  amounts  required  for service contract payments related to aviation
    36  projects as provided and authorized by section three hundred  eighty-six
    37  of the public authorities law; programs to assist small and minority and
    38  women-owned  firms  engaged  in  transportation  construction and recon-
    39  struction projects, including  a  revolving  fund  for  working  capital
    40  loans,  and  a  bonding  guarantee assistance program in accordance with
    41  provisions of this chapter; matching federal grants or apportionments to
    42  the state for highway, parkway and bridge capital projects; the acquisi-
    43  tion of real property and interests therein required or expected  to  be
    44  required in connection with such projects; preventive maintenance activ-
    45  ities  necessary  to  ensure that highways, parkways and bridges meet or
    46  exceed their optimum useful life; [expenses of control of snow  and  ice
    47  on  state highways by the department of transportation including but not
    48  limited to personal services, nonpersonal services and fringe  benefits,
    49  payment  of  emergency aid for control of snow and ice in municipalities
    50  pursuant to section fifty-five of the highway law, expenses  of  control
    51  of  snow and ice on state highways by municipalities pursuant to section
    52  twelve of the highway law, and  for  expenses  of  arterial  maintenance
    53  agreements  with  cities pursuant to section three hundred forty-nine of
    54  the highway law; personal services,  nonpersonal  services,  and  fringe
    55  benefit  costs  of  the  department  of  transportation  for  bus safety
    56  inspection activities, rail  safety  inspection  activities,  and  truck
        A. 5790                             4

     1  safety  inspection  activities;] costs of engineering and administrative
     2  services of the department of transportation, including but not  limited
     3  to  fringe  benefits; the contract services provided by private firms in
     4  accordance  with  section  fourteen  of the transportation law; personal
     5  services and nonpersonal services,  for  activities  including  but  not
     6  limited  to  the preparation of designs, plans, specifications and esti-
     7  mates; construction management  and  supervision  activities;  costs  of
     8  appraisals,  surveys,  testing  and  environmental impact statements for
     9  transportation projects; expenses in connection with  buildings,  equip-
    10  ment,  materials  and  facilities  used or useful in connection with the
    11  maintenance, operation, and repair of  highways,  parkways  and  bridges
    12  thereon;  and  project costs for: construction, reconstruction, improve-
    13  ment, reconditioning and preservation of  rail  freight  facilities  and
    14  intercity  rail passenger facilities and equipment; construction, recon-
    15  struction, improvement, reconditioning and preservation of state, munic-
    16  ipal and privately owned ports; construction,  reconstruction,  improve-
    17  ment,  reconditioning  and preservation of municipal airports; privately
    18  owned airports and aviation capital facilities, excluding airports oper-
    19  ated by the state or operated by a bi-state municipal corporate  instru-
    20  mentality  for  which  federal  funding  is  not  available provided the
    21  project  is  consistent  with  an  approved  airport  layout  plan;  and
    22  construction,  reconstruction,  enhancement,  improvement,  replacement,
    23  reconditioning, restoration, rehabilitation and preservation  of  state,
    24  county,  town,  city  and village roads, highways, parkways and bridges;
    25  and construction, reconstruction, improvement, reconditioning and  pres-
    26  ervation  of  fixed  ferry  facilities  of municipal and privately owned
    27  ferry lines for transportation purposes, and the payment of debt service
    28  required on any bonds, notes or other obligations and  related  expenses
    29  for highway, parkway, bridge and project costs for: construction, recon-
    30  struction,  improvement, reconditioning and preservation of rail freight
    31  facilities  and  intercity  rail  passenger  facilities  and  equipment;
    32  construction,  reconstruction, improvement, reconditioning and preserva-
    33  tion of state, municipal and privately owned ports; construction, recon-
    34  struction, improvement, reconditioning  and  preservation  of  municipal
    35  airports;  privately  owned  airports  and  aviation capital facilities,
    36  excluding airports operated by the  state  or  operated  by  a  bi-state
    37  municipal  corporate  instrumentality  for  which federal funding is not
    38  available provided the project is consistent with  an  approved  airport
    39  layout  plan;  construction,  reconstruction,  enhancement, improvement,
    40  replacement, reconditioning, restoration, rehabilitation  and  preserva-
    41  tion  of state, county, town, city and village roads, highways, parkways
    42  and bridges; and construction, reconstruction, improvement, recondition-
    43  ing and preservation of fixed ferry facilities of municipal and private-
    44  ly owned ferry lines for transportation purposes, purposes authorized on
    45  or after the effective date of this section.  Beginning  with  disburse-
    46  ments  made  on and after the first day of April, nineteen hundred nine-
    47  ty-three, moneys in such fund shall be available to pay  such  costs  or
    48  expenses made pursuant to appropriations or reappropriations made during
    49  the  state  fiscal  year  which  began  on  the first of April, nineteen
    50  hundred ninety-two. Beginning the first day of April,  nineteen  hundred
    51  ninety-three,  moneys  in  such fund shall also be used for transfers to
    52  the general debt service fund and the revenue bond tax fund  of  amounts
    53  equal  to  that respectively required for service contract and financing
    54  agreement payments as provided and authorized by section  three  hundred
    55  eighty  of  the  public authorities law, section eleven of chapter three
        A. 5790                             5

     1  hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
     2  amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
     3    §  4.  This act shall take effect immediately; provided, however, that
     4  the amendments to paragraph a of subdivision 5 of section  89-b  of  the
     5  state  finance  law  made by section two of this act shall be subject to
     6  the expiration and reversion of such paragraph pursuant to section 2  of
     7  part  B  of  chapter  84 of the laws of 2002, as amended, when upon such
     8  date the provisions of section three of this act shall take effect.