STATE OF NEW YORK
________________________________________________________________________
6573
IN SENATE
January 27, 2016
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
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 10 of part C of chapter 57 of the laws of
6 2014, 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
20 of the public authorities law; programs to assist small and minority and
21 women-owned firms engaged in transportation construction and recon-
22 struction projects, including a revolving fund for working capital
23 loans, and a bonding guarantee assistance program in accordance with
24 provisions of this chapter; matching federal grants or apportionments to
25 the state for highway, parkway and bridge capital projects; the acquisi-
26 tion of real property and interests therein required or expected to be
27 required in connection with such projects; preventive maintenance activ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04672-01-5
S. 6573 2
1 ities necessary to ensure that highways, parkways and bridges meet or
2 exceed their optimum useful life; [expenses of control of snow and ice
3 on state highways by the department of transportation including but not
4 limited to personal services, nonpersonal services and fringe benefits,
5 payment of emergency aid for control of snow and ice in municipalities
6 pursuant to section fifty-five of the highway law, expenses of control
7 of snow and ice on state highways by municipalities pursuant to section
8 twelve of the highway law, and for expenses of arterial maintenance
9 agreements with cities pursuant to section three hundred forty-nine of
10 the highway law;] personal services, nonpersonal services, and fringe
11 benefit costs of the department of transportation for bus safety
12 inspection activities, rail safety inspection activities, and truck
13 safety inspection activities; [costs of the department of motor vehi-
14 cles, including but not limited to personal and nonpersonal services;]
15 costs of engineering and administrative services of the department of
16 transportation, including but not limited to fringe benefits; the
17 contract services provided by private firms in accordance with section
18 fourteen of the transportation law; personal services and nonpersonal
19 services, for activities including but not limited to the preparation of
20 designs, plans, specifications and estimates; construction management
21 and supervision activities; costs of appraisals, surveys, testing and
22 environmental impact statements for transportation projects; expenses in
23 connection with buildings, equipment, materials and facilities used or
24 useful in connection with the maintenance, operation, and repair of
25 highways, parkways and bridges thereon; and project costs for:
26 construction, reconstruction, improvement, reconditioning and preserva-
27 tion of rail freight facilities and intercity rail passenger facilities
28 and equipment; construction, reconstruction, improvement, reconditioning
29 and preservation of state, municipal and privately owned ports;
30 construction, reconstruction, improvement, reconditioning and preserva-
31 tion of municipal airports; privately owned airports and aviation capi-
32 tal facilities, excluding airports operated by the state or operated by
33 a bi-state municipal corporate instrumentality for which federal funding
34 is not available provided the project is consistent with an approved
35 airport layout plan; and construction, reconstruction, enhancement,
36 improvement, replacement, reconditioning, restoration, rehabilitation
37 and preservation of state, county, town, city and village roads, high-
38 ways, parkways and bridges; and construction, reconstruction, improve-
39 ment, reconditioning and preservation of fixed ferry facilities of
40 municipal and privately owned ferry lines for transportation purposes,
41 and the payment of debt service required on any bonds, notes or other
42 obligations and related expenses for highway, parkway, bridge and
43 project costs for: construction, reconstruction, improvement, recondi-
44 tioning and preservation of rail freight facilities and intercity rail
45 passenger facilities and equipment; construction, reconstruction,
46 improvement, reconditioning and preservation of state, municipal and
47 privately owned ports; construction, reconstruction, improvement, recon-
48 ditioning and preservation of municipal airports; privately owned
49 airports and aviation capital facilities, excluding airports operated by
50 the state or operated by a bi-state municipal corporate instrumentality
51 for which federal funding is not available provided the project is
52 consistent with an approved airport layout plan; construction, recon-
53 struction, enhancement, improvement, replacement, reconditioning, resto-
54 ration, rehabilitation and preservation of state, county, town, city and
55 village roads, highways, parkways and bridges; and construction, recon-
56 struction, improvement, reconditioning and preservation of fixed ferry
S. 6573 3
1 facilities of municipal and privately owned ferry lines for transporta-
2 tion purposes, purposes authorized on or after the effective date of
3 this section. Beginning with disbursements made on and after the first
4 day of April, nineteen hundred ninety-three, moneys in such fund shall
5 be available to pay such costs or expenses made pursuant to appropri-
6 ations or reappropriations made during the state fiscal year which began
7 on the first of April, nineteen hundred ninety-two. Beginning the first
8 day of April, nineteen hundred ninety-three, moneys in such fund shall
9 also be used for transfers to the general debt service fund and the
10 revenue bond tax fund of amounts equal to that respectively required for
11 service contract and financing agreement payments as provided and
12 authorized by section three hundred eighty of the public authorities
13 law, section eleven of chapter three hundred twenty-nine of the laws of
14 nineteen hundred ninety-one, as amended, and sections sixty-eight-c and
15 sixty-nine-o of this chapter.
16 § 3. Paragraph a of subdivision 5 of section 89-b of the state finance
17 law, as amended by section 11 of part C of chapter 57 of the laws of
18 2014, is amended to read as follows:
19 a. Moneys in the dedicated highway and bridge trust fund shall,
20 following appropriation by the legislature, be utilized for: recon-
21 struction, replacement, reconditioning, restoration, rehabilitation and
22 preservation of state, county, town, city and village roads, highways,
23 parkways, and bridges thereon, to restore such facilities to their
24 intended functions; construction, reconstruction, enhancement and
25 improvement of state, county, town, city, and village roads, highways,
26 parkways, and bridges thereon, to address current and projected capacity
27 problems including costs for traffic mitigation activities; aviation
28 projects authorized pursuant to section fourteen-j of the transportation
29 law and for payments to the general debt service fund of amounts equal
30 to amounts required for service contract payments related to aviation
31 projects as provided and authorized by section three hundred eighty-six
32 of the public authorities law; programs to assist small and minority and
33 women-owned firms engaged in transportation construction and recon-
34 struction projects, including a revolving fund for working capital
35 loans, and a bonding guarantee assistance program in accordance with
36 provisions of this chapter; matching federal grants or apportionments to
37 the state for highway, parkway and bridge capital projects; the acquisi-
38 tion of real property and interests therein required or expected to be
39 required in connection with such projects; preventive maintenance activ-
40 ities necessary to ensure that highways, parkways and bridges meet or
41 exceed their optimum useful life; [expenses of control of snow and ice
42 on state highways by the department of transportation including but not
43 limited to personal services, nonpersonal services and fringe benefits,
44 payment of emergency aid for control of snow and ice in municipalities
45 pursuant to section fifty-five of the highway law, expenses of control
46 of snow and ice on state highways by municipalities pursuant to section
47 twelve of the highway law, and for expenses of arterial maintenance
48 agreements with cities pursuant to section three hundred forty-nine of
49 the highway law;] personal services, nonpersonal services, and fringe
50 benefit costs of the department of transportation for bus safety
51 inspection activities, rail safety inspection activities, and truck
52 safety inspection activities; costs of engineering and administrative
53 services of the department of transportation, including but not limited
54 to fringe benefits; the contract services provided by private firms in
55 accordance with section fourteen of the transportation law; personal
56 services and nonpersonal services, for activities including but not
S. 6573 4
1 limited to the preparation of designs, plans, specifications and esti-
2 mates; construction management and supervision activities; costs of
3 appraisals, surveys, testing and environmental impact statements for
4 transportation projects; expenses in connection with buildings, equip-
5 ment, materials and facilities used or useful in connection with the
6 maintenance, operation, and repair of highways, parkways and bridges
7 thereon; and project costs for: construction, reconstruction, improve-
8 ment, reconditioning and preservation of rail freight facilities and
9 intercity rail passenger facilities and equipment; construction, recon-
10 struction, improvement, reconditioning and preservation of state, munic-
11 ipal and privately owned ports; construction, reconstruction, improve-
12 ment, reconditioning and preservation of municipal airports; privately
13 owned airports and aviation capital facilities, excluding airports oper-
14 ated by the state or operated by a bi-state municipal corporate instru-
15 mentality for which federal funding is not available provided the
16 project is consistent with an approved airport layout plan; and
17 construction, reconstruction, enhancement, improvement, replacement,
18 reconditioning, restoration, rehabilitation and preservation of state,
19 county, town, city and village roads, highways, parkways and bridges;
20 and construction, reconstruction, improvement, reconditioning and pres-
21 ervation of fixed ferry facilities of municipal and privately owned
22 ferry lines for transportation purposes, and the payment of debt service
23 required on any bonds, notes or other obligations and related expenses
24 for highway, parkway, bridge and project costs for: construction, recon-
25 struction, improvement, reconditioning and preservation of rail freight
26 facilities and intercity rail passenger facilities and equipment;
27 construction, reconstruction, improvement, reconditioning and preserva-
28 tion of state, municipal and privately owned ports; construction, recon-
29 struction, improvement, reconditioning and preservation of municipal
30 airports; privately owned airports and aviation capital facilities,
31 excluding airports operated by the state or operated by a bi-state
32 municipal corporate instrumentality for which federal funding is not
33 available provided the project is consistent with an approved airport
34 layout plan; construction, reconstruction, enhancement, improvement,
35 replacement, reconditioning, restoration, rehabilitation and preserva-
36 tion of state, county, town, city and village roads, highways, parkways
37 and bridges; and construction, reconstruction, improvement, recondition-
38 ing and preservation of fixed ferry facilities of municipal and private-
39 ly owned ferry lines for transportation purposes, purposes authorized on
40 or after the effective date of this section. Beginning with disburse-
41 ments made on and after the first day of April, nineteen hundred nine-
42 ty-three, moneys in such fund shall be available to pay such costs or
43 expenses made pursuant to appropriations or reappropriations made during
44 the state fiscal year which began on the first of April, nineteen
45 hundred ninety-two. Beginning the first day of April, nineteen hundred
46 ninety-three, moneys in such fund shall also be used for transfers to
47 the general debt service fund and the revenue bond tax fund of amounts
48 equal to that respectively required for service contract and financing
49 agreement payments as provided and authorized by section three hundred
50 eighty of the public authorities law, section eleven of chapter three
51 hundred twenty-nine of the laws of nineteen hundred ninety-one, as
52 amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
53 § 4. Subdivision 5 of section 89-b of the state finance law is amended
54 by adding two new paragraphs d and e to read as follows:
55 d. Moneys in the dedicated highway and bridge trust fund appropriated
56 by the legislature for expenses of control of snow and ice on state
S. 6573 5
1 highways by the department of transportation including but not limited
2 to personal services, nonpersonal services and fringe benefits, payment
3 of emergency aid for control of snow and ice in municipalities pursuant
4 to section fifty-five of the highway law, expenses of control of snow
5 and ice on state highways by municipalities pursuant to section twelve
6 of the highway law, and for expenses of arterial maintenance agreements
7 with cities pursuant to section three hundred forty-nine of the highway
8 law shall not exceed:
9 (i) $252 million for fiscal year two thousand sixteen--two thousand
10 seventeen;
11 (ii) $189 million for fiscal year two thousand seventeen--two thousand
12 eighteen;
13 (iii) $126 million for fiscal year two thousand eighteen--two thousand
14 nineteen; and
15 (iv) $63 million for fiscal year two thousand nineteen--two thousand
16 twenty.
17 (v) For fiscal year two thousand twenty--two thousand twenty-one and
18 for all subsequent years thereafter no moneys from the dedicated highway
19 and bridge trust fund shall be expended for expenses of control of snow
20 and ice on state highways by the department of transportation including
21 but not limited to personal services, nonpersonal services and fringe
22 benefits, payment of emergency aid for control of snow and ice in muni-
23 cipalities pursuant to section fifty-five of the highway law, expenses
24 of control of snow and ice on state highways by municipalities pursuant
25 to section twelve of the highway law, and for expenses of arterial main-
26 tenance agreements with cities pursuant to section three hundred forty-
27 nine of the highway law.
28 e. Moneys in the dedicated highway and bridge trust fund appropriated
29 by the legislature for costs of the department of motor vehicles,
30 including but not limited to personal and nonpersonal services shall not
31 exceed:
32 (i) $156 million for fiscal year two thousand sixteen--two thousand
33 seventeen;
34 (ii) $117 million for fiscal year two thousand seventeen--two thousand
35 eighteen;
36 (iii) $78 million for fiscal year two thousand eighteen--two thousand
37 nineteen; and
38 (iv) $39 million for fiscal year two thousand nineteen--two thousand
39 twenty.
40 (v) For fiscal year two thousand twenty--two thousand twenty-one and
41 for all subsequent years thereafter no moneys from the dedicated highway
42 and bridge trust fund shall be expended for costs of the department of
43 motor vehicles, including but not limited to personal and nonpersonal
44 services.
45 § 5. This act shall take effect immediately, provided that the amend-
46 ments to paragraph a of subdivision 5 of section 89-b of the state
47 finance law made by section two of this act shall be subject to the
48 expiration and reversion of such paragraph pursuant to section 2 of part
49 B of chapter 84 of the laws of 2002, as amended, when upon such date the
50 provisions of section three of this act shall take effect.
