Bill Text: NY A05082 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the dedicated highway and bridge trust fund reform act; ensures that money deposited into the dedicated highway and bridge trust fund is spent on construction purposes and not DOT and DMV operational activities.
Spectrum: Strong Partisan Bill (Republican 19-1)
Status: (Introduced - Dead) 2024-01-03 - referred to ways and means [A05082 Detail]
Download: New_York-2023-A05082-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5082 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. PALMESANO, BARCLAY, RA, BLANKENBUSH, BRABENEC, DeSTEFANO, DiPIETRO, FRIEND, J. M. GIGLIO, MANKTELOW, McDONOUGH, MILL- ER, MORINELLO, NORRIS, REILLY, SMULLEN, TAGUE, WALSH -- Multi-Spon- sored by -- M. of A. BYRNES, COOK -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08488-01-3A. 5082 2 1 provisions of this chapter; matching federal grants or apportionments to 2 the state for highway, parkway and bridge capital projects; the acquisi- 3 tion of real property and interests therein required or expected to be 4 required in connection with such projects; preventive maintenance activ- 5 ities necessary to ensure that highways, parkways and bridges meet or 6 exceed their optimum useful life; [expenses of control of snow and ice7on state highways by the department of transportation including but not8limited to personal services, nonpersonal services and fringe benefits,9payment of emergency aid for control of snow and ice in municipalities10pursuant to section fifty-five of the highway law, expenses of control11of snow and ice on state highways by municipalities pursuant to section12twelve of the highway law, and for expenses of arterial maintenance13agreements with cities pursuant to section three hundred forty-nine of14the highway law; personal services, nonpersonal services, and fringe15benefit costs of the department of transportation for bus safety16inspection activities, rail safety inspection activities, and truck17safety inspection activities; costs of the department of motor vehicles,18including but not limited to personal and nonpersonal services;] costs 19 of engineering and administrative services of the department of trans- 20 portation, including but not limited to fringe benefits; the contract 21 services provided by private firms in accordance with section fourteen 22 of the transportation law; personal services and nonpersonal services, 23 for activities including but not limited to the preparation of designs, 24 plans, specifications and estimates; construction management and super- 25 vision activities; costs of appraisals, surveys, testing and environ- 26 mental impact statements for transportation projects; expenses in 27 connection with buildings, equipment, materials and facilities used or 28 useful in connection with the maintenance, operation, and repair of 29 highways, parkways and bridges thereon; and project costs for: 30 construction, reconstruction, improvement, reconditioning and preserva- 31 tion of rail freight facilities and intercity rail passenger facilities 32 and equipment; construction, reconstruction, improvement, reconditioning 33 and preservation of state, municipal and privately owned ports; 34 construction, reconstruction, improvement, reconditioning and preserva- 35 tion of municipal airports; privately owned airports and aviation capi- 36 tal facilities, excluding airports operated by the state or operated by 37 a bi-state municipal corporate instrumentality for which federal funding 38 is not available provided the project is consistent with an approved 39 airport layout plan; and construction, reconstruction, enhancement, 40 improvement, replacement, reconditioning, restoration, rehabilitation 41 and preservation of state, county, town, city and village roads, high- 42 ways, parkways and bridges; and construction, reconstruction, improve- 43 ment, reconditioning and preservation of fixed ferry facilities of 44 municipal and privately owned ferry lines for transportation purposes, 45 and the payment of debt service required on any bonds, notes or other 46 obligations and related expenses for highway, parkway, bridge and 47 project costs for: construction, reconstruction, improvement, recondi- 48 tioning and preservation of rail freight facilities and intercity rail 49 passenger facilities and equipment; construction, reconstruction, 50 improvement, reconditioning and preservation of state, municipal and 51 privately owned ports; construction, reconstruction, improvement, recon- 52 ditioning and preservation of municipal airports; privately owned 53 airports and aviation capital facilities, excluding airports operated by 54 the state or operated by a bi-state municipal corporate instrumentality 55 for which federal funding is not available provided the project is 56 consistent with an approved airport layout plan; construction, recon-A. 5082 3 1 struction, enhancement, improvement, replacement, reconditioning, resto- 2 ration, rehabilitation and preservation of state, county, town, city and 3 village roads, highways, parkways and bridges; and construction, recon- 4 struction, improvement, reconditioning and preservation of fixed ferry 5 facilities of municipal and privately owned ferry lines for transporta- 6 tion purposes, purposes authorized on or after the effective date of 7 this section. Beginning with disbursements made on and after the first 8 day of April, nineteen hundred ninety-three, moneys in such fund shall 9 be available to pay such costs or expenses made pursuant to appropri- 10 ations or reappropriations made during the state fiscal year which began 11 on the first of April, nineteen hundred ninety-two. Beginning the first 12 day of April, nineteen hundred ninety-three, moneys in such fund shall 13 also be used for transfers to the general debt service fund and the 14 revenue bond tax fund of amounts equal to that respectively required for 15 service contract and financing agreement payments as provided and 16 authorized by section three hundred eighty of the public authorities 17 law, section eleven of chapter three hundred twenty-nine of the laws of 18 nineteen hundred ninety-one, as amended, and sections sixty-eight-c and 19 sixty-nine-o of this chapter. 20 § 3. Paragraph a of subdivision 5 of section 89-b of the state finance 21 law, as amended by section 52 of part JJJ of chapter 59 of the laws of 22 2021, is amended to read as follows: 23 a. Moneys in the dedicated highway and bridge trust fund shall, 24 following appropriation by the legislature, be utilized for: recon- 25 struction, replacement, reconditioning, restoration, rehabilitation and 26 preservation of state, county, town, city and village roads, highways, 27 parkways, and bridges thereon, to restore such facilities to their 28 intended functions; construction, reconstruction, enhancement and 29 improvement of state, county, town, city, and village roads, highways, 30 parkways, and bridges thereon, to address current and projected capacity 31 problems including costs for traffic mitigation activities; aviation 32 projects authorized pursuant to section fourteen-j of the transportation 33 law and for payments to the general debt service fund of amounts equal 34 to amounts required for service contract payments related to aviation 35 projects as provided and authorized by section three hundred eighty-six 36 of the public authorities law; programs to assist small and minority and 37 women-owned firms engaged in transportation construction and recon- 38 struction projects, including a revolving fund for working capital 39 loans, and a bonding guarantee assistance program in accordance with 40 provisions of this chapter; matching federal grants or apportionments to 41 the state for highway, parkway and bridge capital projects; the acquisi- 42 tion of real property and interests therein required or expected to be 43 required in connection with such projects; preventive maintenance activ- 44 ities necessary to ensure that highways, parkways and bridges meet or 45 exceed their optimum useful life; [expenses of control of snow and ice46on state highways by the department of transportation including but not47limited to personal services, nonpersonal services and fringe benefits,48payment of emergency aid for control of snow and ice in municipalities49pursuant to section fifty-five of the highway law, expenses of control50of snow and ice on state highways by municipalities pursuant to section51twelve of the highway law, and for expenses of arterial maintenance52agreements with cities pursuant to section three hundred forty-nine of53the highway law; personal services, nonpersonal services, and fringe54benefit costs of the department of transportation for bus safety55inspection activities, rail safety inspection activities, and truck56safety inspection activities; costs of the department of motor vehicles,A. 5082 4 1including but not limited to personal and nonpersonal services;] costs 2 of engineering and administrative services of the department of trans- 3 portation, including but not limited to fringe benefits; the contract 4 services provided by private firms in accordance with section fourteen 5 of the transportation law; personal services and nonpersonal services, 6 for activities including but not limited to the preparation of designs, 7 plans, specifications and estimates; construction management and super- 8 vision activities; costs of appraisals, surveys, testing and environ- 9 mental impact statements for transportation projects; expenses in 10 connection with buildings, equipment, materials and facilities used or 11 useful in connection with the maintenance, operation, and repair of 12 highways, parkways and bridges thereon; and project costs for: 13 construction, reconstruction, improvement, reconditioning and preserva- 14 tion of rail freight facilities and intercity rail passenger facilities 15 and equipment; construction, reconstruction, improvement, reconditioning 16 and preservation of state, municipal and privately owned ports; 17 construction, reconstruction, improvement, reconditioning and preserva- 18 tion of municipal airports; privately owned airports and aviation capi- 19 tal facilities, excluding airports operated by the state or operated by 20 a bi-state municipal corporate instrumentality for which federal funding 21 is not available provided the project is consistent with an approved 22 airport layout plan; and construction, reconstruction, enhancement, 23 improvement, replacement, reconditioning, restoration, rehabilitation 24 and preservation of state, county, town, city and village roads, high- 25 ways, parkways and bridges; and construction, reconstruction, improve- 26 ment, reconditioning and preservation of fixed ferry facilities of 27 municipal and privately owned ferry lines for transportation purposes, 28 and the payment of debt service required on any bonds, notes or other 29 obligations and related expenses for highway, parkway, bridge and 30 project costs for: construction, reconstruction, improvement, recondi- 31 tioning and preservation of rail freight facilities and intercity rail 32 passenger facilities and equipment; construction, reconstruction, 33 improvement, reconditioning and preservation of state, municipal and 34 privately owned ports; construction, reconstruction, improvement, recon- 35 ditioning and preservation of municipal airports; privately owned 36 airports and aviation capital facilities, excluding airports operated by 37 the state or operated by a bi-state municipal corporate instrumentality 38 for which federal funding is not available provided the project is 39 consistent with an approved airport layout plan; construction, recon- 40 struction, enhancement, improvement, replacement, reconditioning, resto- 41 ration, rehabilitation and preservation of state, county, town, city and 42 village roads, highways, parkways and bridges; and construction, recon- 43 struction, improvement, reconditioning and preservation of fixed ferry 44 facilities of municipal and privately owned ferry lines for transporta- 45 tion purposes, purposes authorized on or after the effective date of 46 this section. Beginning with disbursements made on and after the first 47 day of April, nineteen hundred ninety-three, moneys in such fund shall 48 be available to pay such costs or expenses made pursuant to appropri- 49 ations or reappropriations made during the state fiscal year which began 50 on the first of April, nineteen hundred ninety-two. Beginning the first 51 day of April, nineteen hundred ninety-three, moneys in such fund shall 52 also be used for transfers to the general debt service fund and the 53 general fund of amounts equal to that respectively required for service 54 contract and financing agreement payments as provided and authorized by 55 section three hundred eighty of the public authorities law, section 56 eleven of chapter three hundred twenty-nine of the laws of nineteenA. 5082 5 1 hundred ninety-one, as amended, and sections sixty-eight-c and sixty- 2 nine-o of this chapter. 3 § 4. This act shall take effect immediately; provided, however, that 4 the amendments to paragraph a of subdivision 5 of section 89-b of the 5 state finance law made by section two of this act shall be subject to 6 the expiration and reversion of such paragraph pursuant to section 2 of 7 part B of chapter 84 of the laws of 2002, as amended, when upon such 8 date the provisions of section three of this act shall take effect.
