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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1071--B
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                     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    § 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    § 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    § 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    §  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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