S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          664
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sens.  KENNEDY, DILAN -- 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 indexing appropriations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section  10-c  of the highway law, as
    2  amended by chapter 355 of the laws  of  1999,  is  amended  to  read  as
    3  follows:
    4    2.  On  or  before  the twenty-fifth day of April, June, September and
    5  November of each state fiscal year commencing with the state fiscal year
    6  beginning on April first, nineteen hundred eighty-four  there  shall  be
    7  distributed  and  paid to counties, cities, towns and villages an amount
    8  equal to the moneys  appropriated  for  the  purposes  of  this  section
    9  divided  by  the number of payment dates in that state fiscal year. Such
   10  amounts shall be distributed and paid pursuant to subdivision  three  of
   11  this  section.   PROVIDED, HOWEVER, THAT ON AND AFTER JANUARY FIRST, TWO
   12  THOUSAND SEVENTEEN AND ON EACH FOLLOWING JANUARY FIRST, THE COMMISSIONER
   13  SHALL INDEX THE LEVEL OF SUCH APPROPRIATIONS FOR SUBSEQUENT STATE FISCAL
   14  YEARS BASED ON THE NATIONAL HIGHWAY CONSTRUCTION COST INDEX FOR THE MOST
   15  RECENT TWELVE MONTH PERIOD. THE COMMISSIONER  SHALL  INCREASE  APPROPRI-
   16  ATIONS  BY THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD
   17  THAT IS AVAILABLE AT THE  TIME  THE  ADJUSTED  RATE  IS  CALCULATED  AND
   18  ANNOUNCED  USING  THE  NATIONAL  HIGHWAY  CONSTRUCTION  COST INDEX, OR A
   19  SUCCESSOR INDEX AS CALCULATED  BY  THE  UNITED  STATES  FEDERAL  HIGHWAY
   20  ADMINISTRATION, IF SUCH RATE OF INFLATION IS GREATER THAN ZERO PERCENT.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03251-01-5