S01071 Summary:

BILL NO    S01071B

SAME AS    SAME AS A07205-A

SPONSOR    LIBOUS

COSPNSR    ALESI, AVELLA, FARLEY, LARKIN, LITTLE, RITCHIE, VALESKY

MLTSPNSR   

Amd S89-b, St Fin L

Enacts the "bridge and road investment and dedicated fund guaranteed
enforcement (BRIDGE) reform act".
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S01071 Actions:

BILL NO    S01071B

01/05/2011 REFERRED TO FINANCE
03/22/2011 1ST REPORT CAL.248
03/23/2011 2ND REPORT CAL.
03/24/2011 ADVANCED TO THIRD READING 
04/12/2011 PASSED SENATE
04/12/2011 DELIVERED TO ASSEMBLY
04/12/2011 referred to transportation
01/04/2012 died in assembly
01/04/2012 returned to senate
01/04/2012 REFERRED TO FINANCE
01/05/2012 AMEND AND RECOMMIT TO FINANCE
01/05/2012 PRINT NUMBER 1071A
03/13/2012 AMEND AND RECOMMIT TO FINANCE
03/13/2012 PRINT NUMBER 1071B
04/25/2012 1ST REPORT CAL.575
04/26/2012 2ND REPORT CAL.
04/30/2012 ADVANCED TO THIRD READING 
05/21/2012 PASSED SENATE
05/21/2012 DELIVERED TO ASSEMBLY
05/21/2012 referred to transportation
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S01071 Votes:

There are no votes for this bill in this legislative session.
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S01071 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1071--B

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                    January 5, 2011
                                      ___________

       Introduced  by  Sens.  LIBOUS,  ALESI,  FARLEY, LARKIN, LITTLE, RITCHIE,
         VALESKY -- read twice and ordered printed,  and  when  printed  to  be
         committed  to the Committee on Finance -- recommitted to the Committee
         on Finance in accordance with Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  --  committee  discharged,  bill amended, ordered
         reprinted as amended and recommitted to said committee

       AN ACT to amend the state finance law, in relation to  establishing  the
         bridge  and  road investment and dedicated fund guaranteed enforcement
         "BRIDGE" 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 "bridge and road investment and dedicated fund  guaranteed  enforce-
    3  ment (BRIDGE) reform act".
    4    S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
    5  law,  as  amended  by  section  1 of part B of chapter 84 of the laws of
    6  2002, is amended to read as follows:
    7    a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
    8  following  appropriation  by  the  legislature, be utilized for:  recon-
    9  struction, replacement, reconditioning, restoration, rehabilitation  and
   10  preservation  of  state, county, town, city and village roads, highways,
   11  parkways, and bridges thereon,  to  restore  such  facilities  to  their
   12  intended   functions;   construction,  reconstruction,  enhancement  and
   13  improvement of state, county, town, city, and village  roads,  highways,
   14  parkways, and bridges thereon, to address current and projected capacity
   15  problems  including  costs  for  traffic mitigation activities; aviation
   16  projects authorized pursuant to section fourteen-j of the transportation
   17  law and for payments to the general debt service fund of  amounts  equal
   18  to  amounts  required  for service contract payments related to aviation
   19  projects as provided and authorized by section three hundred  eighty-six

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07039-04-2
       S. 1071--B                          2

    1  of the public authorities law; programs to assist small and minority and
    2  women-owned  firms  engaged  in  transportation  construction and recon-
    3  struction projects, including  a  revolving  fund  for  working  capital
    4  loans,  and  a  bonding  guarantee assistance program in accordance with
    5  provisions of this chapter; matching federal grants or apportionments to
    6  the state for highway, parkway and bridge capital projects; the acquisi-
    7  tion of real property and interests therein required or expected  to  be
    8  required in connection with such projects; preventive maintenance activ-
    9  ities  necessary  to  ensure that highways, parkways and bridges meet or
   10  exceed their optimum useful life; [expenses of control of snow  and  ice
   11  on  state highways by the department of transportation including but not
   12  limited to personal services, nonpersonal services and fringe  benefits,
   13  payment  of  emergency aid for control of snow and ice in municipalities
   14  pursuant to section fifty-five of the highway law, expenses  of  control
   15  of  snow and ice on state highways by municipalities pursuant to section
   16  twelve of the highway law, and  for  expenses  of  arterial  maintenance
   17  agreements  with  cities pursuant to section three hundred forty-nine of
   18  the highway law;] personal services and  fringe  benefit  costs  of  the
   19  department  of  transportation  for  bus  safety  inspection activities;
   20  [costs of the department of motor vehicles, including but not limited to
   21  personal and nonpersonal services;] costs of engineering and administra-
   22  tive services of the department of  transportation,  including  but  not
   23  limited  to  fringe  benefits; the contract services provided by private
   24  firms in accordance with section fourteen  of  the  transportation  law;
   25  personal services and nonpersonal services, for activities including but
   26  not  limited  to  the  preparation of designs, plans, specifications and
   27  estimates; construction management and supervision activities; costs  of
   28  appraisals,  surveys,  testing  and  environmental impact statements for
   29  transportation projects; expenses in connection with  buildings,  equip-
   30  ment,  materials  and  facilities  used or useful in connection with the
   31  maintenance, operation, and repair of  highways,  parkways  and  bridges
   32  thereon;  and  project costs for: construction, reconstruction, improve-
   33  ment, reconditioning and preservation of  rail  freight  facilities  and
   34  intercity  rail passenger facilities and equipment; construction, recon-
   35  struction, improvement, reconditioning and preservation of state, munic-
   36  ipal and privately owned ports; construction,  reconstruction,  improve-
   37  ment,  reconditioning  and preservation of municipal airports; privately
   38  owned airports and aviation capital facilities, excluding airports oper-
   39  ated by the state or operated by a bi-state municipal corporate  instru-
   40  mentality  for  which  federal  funding  is  not  available provided the
   41  project  is  consistent  with  an  approved  airport  layout  plan;  and
   42  construction,  reconstruction,  enhancement,  improvement,  replacement,
   43  reconditioning, restoration, rehabilitation and preservation  of  state,
   44  county,  town,  city  and village roads, highways, parkways and bridges;
   45  and construction, reconstruction, improvement, reconditioning and  pres-
   46  ervation  of  fixed  ferry  facilities  of municipal and privately owned
   47  ferry lines for transportation purposes, and the payment of debt service
   48  required on any bonds, notes or other obligations and  related  expenses
   49  for highway, parkway, bridge and project costs for: construction, recon-
   50  struction,  improvement, reconditioning and preservation of rail freight
   51  facilities  and  intercity  rail  passenger  facilities  and  equipment;
   52  construction,  reconstruction, improvement, reconditioning and preserva-
   53  tion of state, municipal and privately owned ports; construction, recon-
   54  struction, improvement, reconditioning  and  preservation  of  municipal
   55  airports;  privately  owned  airports  and  aviation capital facilities,
   56  excluding airports operated by the  state  or  operated  by  a  bi-state
       S. 1071--B                          3

    1  municipal  corporate  instrumentality  for  which federal funding is not
    2  available provided the project is consistent with  an  approved  airport
    3  layout  plan;  construction,  reconstruction,  enhancement, improvement,
    4  replacement,  reconditioning,  restoration, rehabilitation and preserva-
    5  tion of state, county, town, city and village roads, highways,  parkways
    6  and bridges; and construction, reconstruction, improvement, recondition-
    7  ing and preservation of fixed ferry facilities of municipal and private-
    8  ly owned ferry lines for transportation purposes, purposes authorized on
    9  or  after  the  effective date of this section. Beginning with disburse-
   10  ments made on and after the first day of April, nineteen  hundred  nine-
   11  ty-three,  moneys  in  such fund shall be available to pay such costs or
   12  expenses made pursuant to appropriations or reappropriations made during
   13  the state fiscal year which  began  on  the  first  of  April,  nineteen
   14  hundred  ninety-two.  Beginning the first day of April, nineteen hundred
   15  ninety-three, moneys in such fund shall also be used for payments to the
   16  general debt service fund of  amounts  equal  to  amounts  required  for
   17  service  contract  payments  as provided and authorized by section three
   18  hundred eighty of the public authorities law and by  section  eleven  of
   19  chapter  three hundred twenty-nine of the laws of nineteen hundred nine-
   20  ty-one, as amended.
   21    S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
   22  law, as amended by section 1 of part D of chapter 151  of  the  laws  of
   23  2001, 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  and fringe benefit costs of the
   55  department of transportation for bus safety inspection activities; costs
   56  of engineering and administrative services of the department  of  trans-
       S. 1071--B                          4

    1  portation,  including  but  not limited to fringe benefits; the contract
    2  services provided by private firms in accordance with  section  fourteen
    3  of  the  transportation law; personal services and nonpersonal services,
    4  for  activities including but not limited to the preparation of designs,
    5  plans, specifications and estimates; construction management and  super-
    6  vision  activities;  costs  of appraisals, surveys, testing and environ-
    7  mental  impact  statements  for  transportation  projects;  expenses  in
    8  connection  with  buildings, equipment, materials and facilities used or
    9  useful in connection with the  maintenance,  operation,  and  repair  of
   10  highways,   parkways   and  bridges  thereon;  and  project  costs  for:
   11  construction, reconstruction, improvement, reconditioning and  preserva-
   12  tion  of rail freight facilities and intercity rail passenger facilities
   13  and equipment; construction, reconstruction, improvement, reconditioning
   14  and  preservation  of  state,  municipal  and  privately  owned   ports;
   15  construction,  reconstruction, improvement, reconditioning and preserva-
   16  tion of municipal airports; privately owned airports and aviation  capi-
   17  tal  facilities, excluding airports operated by the state or operated by
   18  a bi-state municipal corporate instrumentality for which federal funding
   19  is not available provided the project is  consistent  with  an  approved
   20  airport  layout  plan;  and  construction,  reconstruction, enhancement,
   21  improvement, replacement,  reconditioning,  restoration,  rehabilitation
   22  and  preservation  of state, county, town, city and village roads, high-
   23  ways, parkways and bridges; and construction,  reconstruction,  improve-
   24  ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
   25  municipal and privately owned ferry lines for  transportation  purposes,
   26  and  the  payment  of debt service required on any bonds, notes or other
   27  obligations and  related  expenses  for  highway,  parkway,  bridge  and
   28  project  costs  for: construction, reconstruction, improvement, recondi-
   29  tioning and preservation of rail freight facilities and  intercity  rail
   30  passenger   facilities   and  equipment;  construction,  reconstruction,
   31  improvement, reconditioning and preservation  of  state,  municipal  and
   32  privately owned ports; construction, reconstruction, improvement, recon-
   33  ditioning  and  preservation  of  municipal  airports;  privately  owned
   34  airports and aviation capital facilities, excluding airports operated by
   35  the state or operated by a bi-state municipal corporate  instrumentality
   36  for  which  federal  funding  is  not  available provided the project is
   37  consistent with an approved airport layout  plan;  construction,  recon-
   38  struction, enhancement, improvement, replacement, reconditioning, resto-
   39  ration, rehabilitation and preservation of state, county, town, city and
   40  village  roads, highways, parkways and bridges; and construction, recon-
   41  struction, improvement, reconditioning and preservation of  fixed  ferry
   42  facilities  of municipal and privately owned ferry lines for transporta-
   43  tion purposes, purposes authorized on or after  the  effective  date  of
   44  this  section.  Beginning with disbursements made on and after the first
   45  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
   46  be  available  to  pay such costs or expenses made pursuant to appropri-
   47  ations or reappropriations made during the state fiscal year which began
   48  on the first of April, nineteen hundred ninety-two. Beginning the  first
   49  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
   50  also be used for payments to the general debt service  fund  of  amounts
   51  equal  to amounts required for service contract payments as provided and
   52  authorized by section three hundred eighty of the public authorities law
   53  and by section eleven of chapter three hundred twenty-nine of  the  laws
   54  of nineteen hundred ninety-one, as amended.
   55    S 4. Subdivision 5 of section 89-b of the state finance law is amended
   56  by adding two new paragraphs c and d to read as follows:
       S. 1071--B                          5

    1    C.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
    2  BY  THE  LEGISLATURE  FOR  EXPENSES  OF CONTROL OF SNOW AND ICE ON STATE
    3  HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT  NOT  LIMITED
    4  TO  PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
    5  OF  EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES PURSUANT
    6  TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES OF  CONTROL  OF  SNOW
    7  AND  ICE  ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO SECTION TWELVE
    8  OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE  AGREEMENTS
    9  WITH  CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE HIGHWAY
   10  LAW SHALL NOT EXCEED:
   11    (I) $252 MILLION FOR FISCAL YEAR TWO THOUSAND  THIRTEEN--TWO  THOUSAND
   12  FOURTEEN;
   13    (II)  $189 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
   14  FIFTEEN;
   15    (III) $126 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO  THOUSAND
   16  SIXTEEN; AND
   17    (IV)  $63  MILLION  FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
   18  SEVENTEEN.
   19    (V) FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN  AND
   20  FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
   21  AND  BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF SNOW
   22  AND ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION  INCLUDING
   23  BUT  NOT  LIMITED  TO PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE
   24  BENEFITS, PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN  MUNI-
   25  CIPALITIES  PURSUANT  TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES
   26  OF CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES  PURSUANT
   27  TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN-
   28  TENANCE  AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-
   29  NINE OF THE HIGHWAY LAW.
   30    D. MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND  APPROPRIATED
   31  BY  THE  LEGISLATURE  FOR  COSTS  OF  THE  DEPARTMENT OF MOTOR VEHICLES,
   32  INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
   33  EXCEED:
   34    (I) $156 MILLION FOR FISCAL YEAR TWO THOUSAND  THIRTEEN--TWO  THOUSAND
   35  FOURTEEN;
   36    (II)  $117 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
   37  FIFTEEN;
   38    (III) $78 MILLION FOR FISCAL YEAR TWO THOUSAND  FIFTEEN--TWO  THOUSAND
   39  SIXTEEN; AND
   40    (IV)  $39  MILLION  FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
   41  SEVENTEEN.
   42    (V) FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN  AND
   43  FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
   44  AND  BRIDGE  TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE DEPARTMENT OF
   45  MOTOR VEHICLES, INCLUDING BUT NOT LIMITED TO  PERSONAL  AND  NONPERSONAL
   46  SERVICES.
   47    S  5. This act shall take effect immediately, provided that the amend-
   48  ments to paragraph a of subdivision 5  of  section  89-b  of  the  state
   49  finance  law  made  by  section  two of this act shall be subject to the
   50  expiration and reversion of such paragraph pursuant to section 2 of part
   51  B of chapter 84 of the laws of 2002, as amended, when upon such date the
   52  provisions of section three of this act shall take effect.
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