Bill Text: NY A10113 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes the Long Island transportation account within the New York city transportation assistance fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-14 - print number 10113a [A10113 Detail]

Download: New_York-2023-A10113-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10113--A

                   IN ASSEMBLY

                                       May 6, 2024
                                       ___________

        Introduced  by M. of A. RA -- read once and referred to the Committee on
          Corporations, Authorities and  Commissions  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to amend the public authorities law and the tax law, in  relation
          to establishing the Long Island transportation account

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

     1    Section 1. Subdivisions 4, 5, 6 and 7 of section 1270-i of the  public
     2  authorities  law  are  renumbered  subdivisions  5, 6, 7 and 8 and a new
     3  subdivision 4 is added to read as follows:
     4    4. Moneys in the Long Island transportation account shall be used  for
     5  the  exclusive  purpose  of  funding  the operating and capital costs of
     6  metropolitan transportation authority facilities, equipment and services
     7  in the counties of Nassau and Suffolk, and any projects improving trans-
     8  portation connections from such counties to New York County. Such  funds
     9  may  be  used for infrastructure including construction, reconstruction,
    10  reconditioning and preservation of  transportation  systems,  facilities
    11  and  equipment, acquisition of property, and for operating costs includ-
    12  ing personal  services,  non-personal  services,  fringe  benefits,  and
    13  contractual  services.  Funds  may also be used to fund a toll reduction
    14  program for any crossings under the  jurisdiction  of  the  metropolitan
    15  transportation  authority  or its subsidiaries or affiliates.  Funds may
    16  also be used to pay or to reimburse the authority  for  its  payment  of
    17  debt service and reserve requirements on that portion of authority bonds
    18  and  notes  that  have been issued by the authority specifically for the
    19  authorized purpose of this  account.  Notwithstanding  any  law  to  the
    20  contrary,  final  approval  of  the  use of any funds paid into the Long
    21  Island transportation account shall be  unanimously  approved  by  three
    22  members  of  the  metropolitan  transportation authority capital program
    23  review  board,  established   pursuant   to   section   twelve   hundred
    24  sixty-nine-a  of  this  title, as designated under this subdivision. For
    25  purposes of such final approvals the three voting members shall be:  the
    26  member  appointed  upon recommendation by the temporary president of the
    27  senate; the member appointed upon recommendation by the speaker  of  the
    28  assembly; and the member appointed by the governor.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15397-04-4
        A. 10113--A                         2

     1    §  2. Subdivisions 1, 6 and 7 of section 1270-i of the public authori-
     2  ties law, as added by section 4 of part NNN of chapter 59 of the laws of
     3  2018 and subdivisions 6 and 7 as renumbered by section one of this  act,
     4  are amended to read as follows:
     5    1.  The authority shall create and establish a fund to be known as the
     6  "New York city transportation assistance fund" which shall be kept sepa-
     7  rate from and shall not be commingled  with  any  other  moneys  of  the
     8  authority.  The  New  York  city  transportation  assistance  fund shall
     9  consist of [three] four separate accounts: (i) the "subway  action  plan
    10  account";  (ii)  the "outer borough transportation account"; [and] (iii)
    11  the "general transportation account"; and (iv) the "Long  Island  trans-
    12  portation  account".    The  authority shall make deposits in the subway
    13  action plan account of  the  moneys  received  by  it  pursuant  to  the
    14  provisions of subdivision (c) of section twelve hundred ninety-nine-H of
    15  the tax law in accordance with the provisions thereof, shall make depos-
    16  its  in the outer borough transportation account of fifty percent of the
    17  moneys received by it pursuant to the provisions of subdivision  (d)  of
    18  section  twelve  hundred ninety-nine-H of the tax law in accordance with
    19  the provisions thereof, shall make deposits in the Long Island transpor-
    20  tation account of fifty percent of the moneys received by it pursuant to
    21  the  provisions  of  subdivision   (d)   of   section   twelve   hundred
    22  ninety-nine-H  of the tax law in accordance with the provisions thereof,
    23  and shall make deposits in the general  transportation  account  of  the
    24  moneys  received  by it pursuant to the provisions of subdivision (e) of
    25  section twelve hundred ninety-nine-H of the tax law in  accordance  with
    26  the provisions thereof, and pursuant to the provisions of section eleven
    27  hundred eleven-C of the vehicle and traffic law.
    28    6. Any revenues deposited in the subway action plan account, the outer
    29  borough  transportation account, the Long Island transportation account,
    30  or the general transportation account pursuant  to  subdivision  one  of
    31  this  section  shall  be  used  exclusively  for the purposes described,
    32  respectively, in subdivisions  two,  three,  and  [four]  five  of  this
    33  section.  Such revenues shall only supplement and shall not supplant any
    34  federal, state, or local funds expended by the metropolitan  transporta-
    35  tion  authority,  such  authority's  affiliates or subsidiaries for such
    36  respective purposes.
    37    7. Any revenues  deposited  into  the  New  York  city  transportation
    38  assistance fund pursuant to subdivision one of this section shall not be
    39  diverted  into the general fund of the state, any other fund established
    40  by the chapter of the laws of two thousand  eighteen  which  added  this
    41  subdivision,  any  other  fund  maintained  for the support of any other
    42  governmental purpose, or for any other purpose not authorized by  subdi-
    43  visions two, three [and], four, and five of this section.
    44    §  3.  Subdivision  (d)  of section 1299-H of the tax law, as added by
    45  section 2 of part NNN of chapter 59 of the laws of 2018, is  amended  to
    46  read as follows:
    47    (d)  The  amount  of  revenues  so certified that are in excess of the
    48  amounts deposited as provided in subdivision (c) of this section,  shall
    49  be paid over by the fifteenth business day of each succeeding month from
    50  such  account,  without  appropriation,  fifty  percent  into  the outer
    51  borough transportation account and fifty percent into  the  Long  Island
    52  transportation  account  of  the New York city transportation assistance
    53  fund established pursuant to section twelve  hundred  seventy-i  of  the
    54  public authorities law.
    55    § 4. This act shall take effect immediately.