Increases the aviation gasoline rate to twenty-five cents per gallon; establishes the New York state airport capital development, road, and bridge repair fund; provides money from the aviation gasoline rate increase shall be used for airport capital development, road and bridge repair.
STATE OF NEW YORK
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6949
2015-2016 Regular Sessions
IN ASSEMBLY
April 15, 2015
___________
Introduced by M. of A. CRESPO, RAMOS -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to increasing the aviation
gasoline rate to twenty-five cents per gallon; to amend the state
finance law, in relation to establishing the New York state airport
capital development, road, and bridge repair fund; and providing for
the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 1 of subdivision (b) of section 301-e of the tax
2 law, as amended by chapter 2 of the laws of 1995, is amended to read as
3 follows:
4 (1) The aviation gasoline component shall be determined by multiplying
5 the aviation gasoline rate times the number of gallons of aviation gaso-
6 line imported or caused to be imported into this state by an aviation
7 fuel business for use, distribution, storage or sale in the state or
8 produced, refined, manufactured or compounded in the state by an
9 aviation fuel business. Provided that importation of aviation gasoline
10 into the state in the fuel tanks of aircraft shall be importation for
11 use for the purposes of this section. The basic aviation gasoline rate
12 shall be [five and one-half] twenty-five cents per gallon. The rate
13 shall be adjusted at the same time as the rates of the components of the
14 petroleum business tax imposed by section three hundred one-a of this
15 article, and the method of making adjustments to the aviation gasoline
16 rate shall be the same as the method used for such rates.
17 § 2. The state finance law is amended by adding a new section 90-b to
18 read as follows:
19 § 90-b. New York state airport capital development, road, and bridge
20 repair fund. 1. There is hereby established in the joint custody of the
21 commissioner of taxation and finance and the state comptroller a fund to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10379-01-5
A. 6949 2
1 be known as the "New York state airport capital development, road, and
2 bridge repair fund".
3 2. The New York state airport capital development, road, and bridge
4 repair fund shall consist of moneys appropriated thereto, and revenues
5 received by the department of taxation and finance pursuant to the
6 provisions of paragraph one of subdivision (b) of section three hundred
7 one-e of the tax law.
8 3. Moneys in the New York state airport capital development, road, and
9 bridge repair fund shall be kept separate from and shall not be commin-
10 gled with any other moneys in the custody of the commissioner of taxa-
11 tion and finance and the state comptroller.
12 4. Moneys of the fund shall be made available to the department of
13 transportation and the port authority of New York and New Jersey follow-
14 ing the selection of a contractor after a competitive bid or request for
15 proposal for the purpose of airport capital development, road, and
16 bridge repair across New York state.
17 § 3. The department of transportation and the port authority of New
18 York and New Jersey shall implement rules and regulations for the
19 disbursement of the New York state airport capital development, road,
20 and bridge repair fund, including but not limited to project eligibility
21 and a competitive process by which a contractor will be selected.
22 § 4. This act shall take effect on the one hundred eightieth day after
23 it shall have become a law and shall expire and be deemed repealed 4
24 years after such date. Effective immediately, the addition, amendment
25 and/or repeal of any rule or regulation necessary for the implementation
26 of this act on its effective date are authorized to be made and
27 completed on or before such effective date.
