STATE OF NEW YORK
________________________________________________________________________
6798
2019-2020 Regular Sessions
IN ASSEMBLY
March 20, 2019
___________
Introduced by M. of A. PALMESANO, BYRNE, KOLB -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the state finance law, in relation to establishing the
dedicated highway and bridge trust fund 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 "dedicated highway and bridge trust fund reform act".
3 § 2. Paragraph a of subdivision 5 of section 89-b of the state finance
4 law, as amended by section 10 of part C of chapter 57 of the laws of
5 2014, is amended to read as follows:
6 a. Moneys in the dedicated highway and bridge trust fund shall,
7 following appropriation by the legislature, be utilized for: recon-
8 struction, replacement, reconditioning, restoration, rehabilitation and
9 preservation of state, county, town, city and village roads, highways,
10 parkways, and bridges thereon, to restore such facilities to their
11 intended functions; construction, reconstruction, enhancement and
12 improvement of state, county, town, city, and village roads, highways,
13 parkways, and bridges thereon, to address current and projected capacity
14 problems including costs for traffic mitigation activities; aviation
15 projects authorized pursuant to section fourteen-j of the transportation
16 law and for payments to the general debt service fund of amounts equal
17 to amounts required for service contract payments related to aviation
18 projects as provided and authorized by section three hundred eighty-six
19 of the public authorities law; programs to assist small and minority and
20 women-owned firms engaged in transportation construction and recon-
21 struction projects, including a revolving fund for working capital
22 loans, and a bonding guarantee assistance program in accordance with
23 provisions of this chapter; matching federal grants or apportionments to
24 the state for highway, parkway and bridge capital projects; the acquisi-
25 tion of real property and interests therein required or expected to be
26 required in connection with such projects; preventive maintenance activ-
27 ities necessary to ensure that highways, parkways and bridges meet or
28 exceed their optimum useful life; [expenses of control of snow and ice
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09927-01-9
A. 6798 2
1 on state highways by the department of transportation including but not
2 limited to personal services, nonpersonal services and fringe benefits,
3 payment of emergency aid for control of snow and ice in municipalities
4 pursuant to section fifty-five of the highway law, expenses of control
5 of snow and ice on state highways by municipalities pursuant to section
6 twelve of the highway law, and for expenses of arterial maintenance
7 agreements with cities pursuant to section three hundred forty-nine of
8 the highway law; personal services, nonpersonal services, and fringe
9 benefit costs of the department of transportation for bus safety
10 inspection activities, rail safety inspection activities, and truck
11 safety inspection activities; costs of the department of motor vehicles,
12 including but not limited to personal and nonpersonal services;] costs
13 of engineering and administrative services of the department of trans-
14 portation, including but not limited to fringe benefits; the contract
15 services provided by private firms in accordance with section fourteen
16 of the transportation law; personal services and nonpersonal services,
17 for activities including but not limited to the preparation of designs,
18 plans, specifications and estimates; construction management and super-
19 vision activities; costs of appraisals, surveys, testing and environ-
20 mental impact statements for transportation projects; expenses in
21 connection with buildings, equipment, materials and facilities used or
22 useful in connection with the maintenance, operation, and repair of
23 highways, parkways and bridges thereon; and project costs for:
24 construction, reconstruction, improvement, reconditioning and preserva-
25 tion of rail freight facilities and intercity rail passenger facilities
26 and equipment; construction, reconstruction, improvement, reconditioning
27 and preservation of state, municipal and privately owned ports;
28 construction, reconstruction, improvement, reconditioning and preserva-
29 tion of municipal airports; privately owned airports and aviation capi-
30 tal facilities, excluding airports operated by the state or operated by
31 a bi-state municipal corporate instrumentality for which federal funding
32 is not available provided the project is consistent with an approved
33 airport layout plan; and construction, reconstruction, enhancement,
34 improvement, replacement, reconditioning, restoration, rehabilitation
35 and preservation of state, county, town, city and village roads, high-
36 ways, parkways and bridges; and construction, reconstruction, improve-
37 ment, reconditioning and preservation of fixed ferry facilities of
38 municipal and privately owned ferry lines for transportation purposes,
39 and the payment of debt service required on any bonds, notes or other
40 obligations and related expenses for highway, parkway, bridge and
41 project costs for: construction, reconstruction, improvement, recondi-
42 tioning and preservation of rail freight facilities and intercity rail
43 passenger facilities and equipment; construction, reconstruction,
44 improvement, reconditioning and preservation of state, municipal and
45 privately owned ports; construction, reconstruction, improvement, recon-
46 ditioning and preservation of municipal airports; privately owned
47 airports and aviation capital facilities, excluding airports operated by
48 the state or operated by a bi-state municipal corporate instrumentality
49 for which federal funding is not available provided the project is
50 consistent with an approved airport layout plan; construction, recon-
51 struction, enhancement, improvement, replacement, reconditioning, resto-
52 ration, rehabilitation and preservation of state, county, town, city and
53 village roads, highways, parkways and bridges; and construction, recon-
54 struction, improvement, reconditioning and preservation of fixed ferry
55 facilities of municipal and privately owned ferry lines for transporta-
56 tion purposes, purposes authorized on or after the effective date of
A. 6798 3
1 this section. Beginning with disbursements made on and after the first
2 day of April, nineteen hundred ninety-three, moneys in such fund shall
3 be available to pay such costs or expenses made pursuant to appropri-
4 ations or reappropriations made during the state fiscal year which began
5 on the first of April, nineteen hundred ninety-two. Beginning the first
6 day of April, nineteen hundred ninety-three, moneys in such fund shall
7 also be used for transfers to the general debt service fund and the
8 revenue bond tax fund of amounts equal to that respectively required for
9 service contract and financing agreement payments as provided and
10 authorized by section three hundred eighty of the public authorities
11 law, section eleven of chapter three hundred twenty-nine of the laws of
12 nineteen hundred ninety-one, as amended, and sections sixty-eight-c and
13 sixty-nine-o of this chapter.
14 § 3. Paragraph a of subdivision 5 of section 89-b of the state finance
15 law, as amended by section 11 of part C of chapter 57 of the laws of
16 2014, is amended to read as follows:
17 a. Moneys in the dedicated highway and bridge trust fund shall,
18 following appropriation by the legislature, be utilized for: recon-
19 struction, replacement, reconditioning, restoration, rehabilitation and
20 preservation of state, county, town, city and village roads, highways,
21 parkways, and bridges thereon, to restore such facilities to their
22 intended functions; construction, reconstruction, enhancement and
23 improvement of state, county, town, city, and village roads, highways,
24 parkways, and bridges thereon, to address current and projected capacity
25 problems including costs for traffic mitigation activities; aviation
26 projects authorized pursuant to section fourteen-j of the transportation
27 law and for payments to the general debt service fund of amounts equal
28 to amounts required for service contract payments related to aviation
29 projects as provided and authorized by section three hundred eighty-six
30 of the public authorities law; programs to assist small and minority and
31 women-owned firms engaged in transportation construction and recon-
32 struction projects, including a revolving fund for working capital
33 loans, and a bonding guarantee assistance program in accordance with
34 provisions of this chapter; matching federal grants or apportionments to
35 the state for highway, parkway and bridge capital projects; the acquisi-
36 tion of real property and interests therein required or expected to be
37 required in connection with such projects; preventive maintenance activ-
38 ities necessary to ensure that highways, parkways and bridges meet or
39 exceed their optimum useful life; [expenses of control of snow and ice
40 on state highways by the department of transportation including but not
41 limited to personal services, nonpersonal services and fringe benefits,
42 payment of emergency aid for control of snow and ice in municipalities
43 pursuant to section fifty-five of the highway law, expenses of control
44 of snow and ice on state highways by municipalities pursuant to section
45 twelve of the highway law, and for expenses of arterial maintenance
46 agreements with cities pursuant to section three hundred forty-nine of
47 the highway law; personal services, nonpersonal services, and fringe
48 benefit costs of the department of transportation for bus safety
49 inspection activities, rail safety inspection activities, and truck
50 safety inspection activities;] costs of engineering and administrative
51 services of the department of transportation, including but not limited
52 to fringe benefits; the contract services provided by private firms in
53 accordance with section fourteen of the transportation law; personal
54 services and nonpersonal services, for activities including but not
55 limited to the preparation of designs, plans, specifications and esti-
56 mates; construction management and supervision activities; costs of
A. 6798 4
1 appraisals, surveys, testing and environmental impact statements for
2 transportation projects; expenses in connection with buildings, equip-
3 ment, materials and facilities used or useful in connection with the
4 maintenance, operation, and repair of highways, parkways and bridges
5 thereon; and project costs for: construction, reconstruction, improve-
6 ment, reconditioning and preservation of rail freight facilities and
7 intercity rail passenger facilities and equipment; construction, recon-
8 struction, improvement, reconditioning and preservation of state, munic-
9 ipal and privately owned ports; construction, reconstruction, improve-
10 ment, reconditioning and preservation of municipal airports; privately
11 owned airports and aviation capital facilities, excluding airports oper-
12 ated by the state or operated by a bi-state municipal corporate instru-
13 mentality for which federal funding is not available provided the
14 project is consistent with an approved airport layout plan; and
15 construction, reconstruction, enhancement, improvement, replacement,
16 reconditioning, restoration, rehabilitation and preservation of state,
17 county, town, city and village roads, highways, parkways and bridges;
18 and construction, reconstruction, improvement, reconditioning and pres-
19 ervation of fixed ferry facilities of municipal and privately owned
20 ferry lines for transportation purposes, and the payment of debt service
21 required on any bonds, notes or other obligations and related expenses
22 for highway, parkway, bridge and project costs for: construction, recon-
23 struction, improvement, reconditioning and preservation of rail freight
24 facilities and intercity rail passenger facilities and equipment;
25 construction, reconstruction, improvement, reconditioning and preserva-
26 tion of state, municipal and privately owned ports; construction, recon-
27 struction, improvement, reconditioning and preservation of municipal
28 airports; privately owned airports and aviation capital facilities,
29 excluding airports operated by the state or operated by a bi-state
30 municipal corporate instrumentality for which federal funding is not
31 available provided the project is consistent with an approved airport
32 layout plan; construction, reconstruction, enhancement, improvement,
33 replacement, reconditioning, restoration, rehabilitation and preserva-
34 tion of state, county, town, city and village roads, highways, parkways
35 and bridges; and construction, reconstruction, improvement, recondition-
36 ing and preservation of fixed ferry facilities of municipal and private-
37 ly owned ferry lines for transportation purposes, purposes authorized on
38 or after the effective date of this section. Beginning with disburse-
39 ments made on and after the first day of April, nineteen hundred nine-
40 ty-three, moneys in such fund shall be available to pay such costs or
41 expenses made pursuant to appropriations or reappropriations made during
42 the state fiscal year which began on the first of April, nineteen
43 hundred ninety-two. Beginning the first day of April, nineteen hundred
44 ninety-three, moneys in such fund shall also be used for transfers to
45 the general debt service fund and the revenue bond tax fund of amounts
46 equal to that respectively required for service contract and financing
47 agreement payments as provided and authorized by section three hundred
48 eighty of the public authorities law, section eleven of chapter three
49 hundred twenty-nine of the laws of nineteen hundred ninety-one, as
50 amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
51 § 4. This act shall take effect immediately; provided, however, that
52 the amendments to paragraph a of subdivision 5 of section 89-b of the
53 state finance law made by section two of this act shall be subject to
54 the expiration and reversion of such paragraph pursuant to section 2 of
55 part B of chapter 84 of the laws of 2002, as amended, when upon such
56 date the provisions of section three of this act shall take effect.