A7205A-2011 Actions

• May 22, 2012: print number 7205a
• May 22, 2012: amend and recommit to transportation
• Jan 4, 2012: referred to transportation
• Apr 15, 2011: referred to transportation

A7205A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7205--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 April 15, 2011
 
 Introduced  by  M.  of  A.  MORELLE, P. RIVERA, LUPARDO -- read once and
 referred to the Committee on  Transportation  --  recommitted  to  the
 Committee on Transportation in accordance with Assembly Rule 3, sec. 2
 --  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:

 

Section  1.  Short  title. This act shall be known and may be cited as
 the "bridge and road investment and dedicated fund  guaranteed  enforce
 ment (BRIDGE) reform act".
 

S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
 law,  as  amended  by  section  1 of part B of chapter 84 of the laws of
 2002, is amended to read as follows:

 a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
 following  appropriation  by  the  legislature, be utilized for:  recon
 struction, replacement, reconditioning, restoration, rehabilitation  and
 preservation  of  state, county, town, city and village roads, highways,
 parkways, and bridges thereon,  to  restore  such  facilities  to  their
 intended   functions;   construction,  reconstruction,  enhancement  and
 improvement of state, county, town, city, and village  roads,  highways,
 parkways, and bridges thereon, to address current and projected capacity
 problems  including  costs  for  traffic mitigation activities; aviation
 projects authorized pursuant to section fourteen-j of the transportation
 law and for payments to the general debt service fund of  amounts  equal
 to  amounts  required  for service contract payments related to aviation
 projects as provided and authorized by section three hundred  eighty-six
 of the public authorities law; programs to assist small and minority and
 women-owned  firms  engaged  in  transportation  construction and recon
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07039-05-2
 
       A. 7205--A                          2
 struction projects, including  a  revolving  fund  for  working  capital
 loans,  and  a  bonding  guarantee assistance program in accordance with
 provisions of this chapter; matching federal grants or apportionments to
 the state for highway, parkway and bridge capital projects; the acquisi
 tion  of  real property and interests therein required or expected to be
 required in connection with such projects; preventive maintenance activ
 ities necessary to ensure that highways, parkways and  bridges  meet  or
 exceed  their  optimum useful life; [expenses of control of snow and ice
 on state highways by the department of transportation including but  not
 limited  to personal services, nonpersonal services and fringe benefits,
 payment of emergency aid for control of snow and ice  in  municipalities
 pursuant  to  section fifty-five of the highway law, expenses of control
 of snow and ice on state highways by municipalities pursuant to  section
 twelve  of  the  highway  law,  and for expenses of arterial maintenance
 agreements with cities pursuant to section three hundred  forty-nine  of
 the  highway  law;]  personal  services  and fringe benefit costs of the
 department of  transportation  for  bus  safety  inspection  activities;
 [costs of the department of motor vehicles, including but not limited to
 personal and nonpersonal services;] costs of engineering and administra
 tive  services  of  the  department of transportation, including but not
 limited to fringe benefits; the contract services  provided  by  private
 firms  in  accordance  with  section fourteen of the transportation law;
 personal services and nonpersonal services, for activities including but
 not limited to the preparation of  designs,  plans,  specifications  and
 estimates;  construction management and supervision activities; costs of
 appraisals, surveys, testing and  environmental  impact  statements  for
 transportation  projects;  expenses in connection with buildings, equip
 ment, materials and facilities used or useful  in  connection  with  the
 maintenance,  operation,  and  repair  of highways, parkways and bridges
 thereon; and project costs for: construction,  reconstruction,  improve
 ment,  reconditioning  and  preservation  of rail freight facilities and
 intercity rail passenger facilities and equipment; construction,  recon
 struction, improvement, reconditioning and preservation of state, munic
 ipal  and  privately owned ports; construction, reconstruction, improve
 ment, reconditioning and preservation of municipal  airports;  privately
 owned airports and aviation capital facilities, excluding airports oper
 ated  by the state or operated by a bi-state municipal corporate instru
 mentality for which  federal  funding  is  not  available  provided  the
 project  is  consistent  with  an  approved  airport  layout  plan;  and
 construction,  reconstruction,  enhancement,  improvement,  replacement,
 reconditioning,  restoration,  rehabilitation and preservation of state,
 county, town, city and village roads, highways,  parkways  and  bridges;
 and  construction, reconstruction, improvement, reconditioning and pres
 ervation of fixed ferry facilities  of  municipal  and  privately  owned
 ferry lines for transportation purposes, and the payment of debt service
 required  on  any bonds, notes or other obligations and related expenses
 for highway, parkway, bridge and project costs for: construction, recon
 struction, improvement, reconditioning and preservation of rail  freight
 facilities  and  intercity  rail  passenger  facilities  and  equipment;
 construction, reconstruction, improvement, reconditioning and  preserva
 tion of state, municipal and privately owned ports; construction, recon
 struction,  improvement,  reconditioning  and  preservation of municipal
 airports; privately owned  airports  and  aviation  capital  facilities,
 excluding  airports  operated  by  the  state  or operated by a bi-state
 municipal corporate instrumentality for which  federal  funding  is  not
 available  provided  the  project is consistent with an approved airport
 
       A. 7205--A                          3
 layout plan;  construction,  reconstruction,  enhancement,  improvement,
 replacement,  reconditioning,  restoration, rehabilitation and preserva
 tion of state, county, town, city and village roads, highways,  parkways
 and bridges; and construction, reconstruction, improvement, recondition
 ing and preservation of fixed ferry facilities of municipal and private
 ly owned ferry lines for transportation purposes, purposes authorized on
 or  after  the  effective date of this section. Beginning with disburse
 ments made on and after the first day of April, nineteen  hundred  nine
 ty-three,  moneys  in  such fund shall be available to pay such costs or
 expenses made pursuant to appropriations or reappropriations made during
 the state fiscal year which  began  on  the  first  of  April,  nineteen
 hundred  ninety-two.  Beginning the first day of April, nineteen hundred
 ninety-three, moneys in such fund shall also be used for payments to the
 general debt service fund of  amounts  equal  to  amounts  required  for
 service  contract  payments  as provided and authorized by section three
 hundred eighty of the public authorities law and by  section  eleven  of
 chapter  three hundred twenty-nine of the laws of nineteen hundred nine
 ty-one, as amended.
 

S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
 law, as amended by section 1 of part D of chapter 151  of  the  laws  of
 2001, is amended to read as follows:

 a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
 following appropriation by the legislature, be  utilized  for:    recon
 struction,  replacement, reconditioning, restoration, rehabilitation and
 preservation of state, county, town, city and village  roads,  highways,
 parkways,  and  bridges  thereon,  to  restore  such facilities to their
 intended  functions;  construction,  reconstruction,   enhancement   and
 improvement  of  state, county, town, city, and village roads, highways,
 parkways, and bridges thereon, to address current and projected capacity
 problems including costs for  traffic  mitigation  activities;  aviation
 projects authorized pursuant to section fourteen-j of the transportation
 law  and  for payments to the general debt service fund of amounts equal
 to amounts required for service contract payments  related  to  aviation
 projects  as provided and authorized by section three hundred eighty-six
 of the public authorities law; programs to assist small and minority and
 women-owned firms engaged  in  transportation  construction  and  recon
 struction  projects,  including  a  revolving  fund  for working capital
 loans, and a bonding guarantee assistance  program  in  accordance  with
 provisions of this chapter; matching federal grants or apportionments to
 the state for highway, parkway and bridge capital projects; the acquisi
 tion  of  real property and interests therein required or expected to be
 required in connection with such projects; preventive maintenance activ
 ities necessary to ensure that highways, parkways and  bridges  meet  or
 exceed  their  optimum useful life; [expenses of control of snow and ice
 on state highways by the department of transportation including but  not
 limited  to personal services, nonpersonal services and fringe benefits,
 payment of emergency aid for control of snow and ice  in  municipalities
 pursuant  to  section fifty-five of the highway law, expenses of control
 of snow and ice on state highways by municipalities pursuant to  section
 twelve  of  the  highway  law,  and for expenses of arterial maintenance
 agreements with cities pursuant to section three hundred  forty-nine  of
 the  highway  law;]  personal  services  and fringe benefit costs of the
 department of transportation for bus safety inspection activities; costs
 of engineering and administrative services of the department  of  trans
 portation,  including  but  not limited to fringe benefits; the contract
 services provided by private firms in accordance with  section  fourteen
 
       A. 7205--A                          4
 of  the  transportation law; personal services and nonpersonal services,
 for activities including but not limited to the preparation of  designs,
 plans,  specifications and estimates; construction management and super
 vision  activities;  costs  of appraisals, surveys, testing and environ
 mental  impact  statements  for  transportation  projects;  expenses  in
 connection  with  buildings, equipment, materials and facilities used or
 useful in connection with the  maintenance,  operation,  and  repair  of
 highways,   parkways   and  bridges  thereon;  and  project  costs  for:

 construction, reconstruction, improvement, reconditioning and  preserva
 tion  of rail freight facilities and intercity rail passenger facilities
 and equipment; construction, reconstruction, improvement, reconditioning
 and  preservation  of  state,  municipal  and  privately  owned   ports;
 construction,  reconstruction, improvement, reconditioning and preserva
 tion of municipal airports; privately owned airports and aviation  capi
 tal  facilities, excluding airports operated by the state or operated by
 a bi-state municipal corporate instrumentality for which federal funding
 is not available provided the project is  consistent  with  an  approved
 airport  layout  plan;  and  construction,  reconstruction, enhancement,
 improvement, replacement,  reconditioning,  restoration,  rehabilitation
 and  preservation  of state, county, town, city and village roads, high
 ways, parkways and bridges; and construction,  reconstruction,  improve
 ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
 municipal and privately owned ferry lines for  transportation  purposes,
 and  the  payment  of debt service required on any bonds, notes or other
 obligations and  related  expenses  for  highway,  parkway,  bridge  and
 project  costs  for: construction, reconstruction, improvement, recondi
 tioning and preservation of rail freight facilities and  intercity  rail
 passenger   facilities   and  equipment;  construction,  reconstruction,
 improvement, reconditioning and preservation  of  state,  municipal  and
 privately owned ports; construction, reconstruction, improvement, recon
 ditioning  and  preservation  of  municipal  airports;  privately  owned
 airports and aviation capital facilities, excluding airports operated by
 the state or operated by a bi-state municipal corporate  instrumentality
 for  which  federal  funding  is  not  available provided the project is
 consistent with an approved airport layout  plan;  construction,  recon
 struction, enhancement, improvement, replacement, reconditioning, resto
 ration, rehabilitation and preservation of state, county, town, city and
 village  roads, highways, parkways and bridges; and construction, recon
 struction, improvement, reconditioning and preservation of  fixed  ferry
 facilities  of municipal and privately owned ferry lines for transporta
 tion purposes, purposes authorized on or after  the  effective  date  of
 this  section.  Beginning with disbursements made on and after the first
 day of April, nineteen hundred ninety-three, moneys in such  fund  shall
 be  available  to  pay such costs or expenses made pursuant to appropri
 ations or reappropriations made during the state fiscal year which began
 on the first of April, nineteen hundred ninety-two. Beginning the  first
 day  of  April, nineteen hundred ninety-three, moneys in such fund shall
 also be used for payments to the general debt service  fund  of  amounts
 equal  to amounts required for service contract payments as provided and
 authorized by section three hundred eighty of the public authorities law
 and by section eleven of chapter three hundred twenty-nine of  the  laws
 of nineteen hundred ninety-one, as amended.
 

S 4. Subdivision 5 of section 89-b of the state finance law is amended
 by adding two new paragraphs c and d to read as follows:

 C.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
 BY  THE  LEGISLATURE  FOR  EXPENSES  OF CONTROL OF SNOW AND ICE ON STATE
 
       A. 7205--A                          5
 HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT  NOT  LIMITED
 TO  PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
 OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES  PURSUANT
 TO  SECTION  FIFTY-FIVE  OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
 AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO  SECTION  TWELVE
 OF  THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
 WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE  HIGHWAY
 LAW SHALL NOT EXCEED:

 (I)  $252  MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND
 FOURTEEN;
 (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
 FIFTEEN;
 (III)  $126 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
 SIXTEEN; AND
 (IV) $63 MILLION FOR FISCAL YEAR TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
 SEVENTEEN.
 (V)  FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND
 FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
 AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF  SNOW
 AND  ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
 BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL  SERVICES  AND  FRINGE
 BENEFITS,  PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI
 CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY  LAW,  EXPENSES
 OF  CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
 TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN
 TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED  FORTY
 NINE OF THE HIGHWAY LAW.
 D.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
 BY THE LEGISLATURE FOR  COSTS  OF  THE  DEPARTMENT  OF  MOTOR  VEHICLES,
 INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
 EXCEED:

 (I)  $156  MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND
 FOURTEEN;
 (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
 FIFTEEN;
 (III)  $78  MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
 SIXTEEN; AND
 (IV) $39 MILLION FOR FISCAL YEAR TWO  THOUSAND  SIXTEEN--TWO  THOUSAND
 SEVENTEEN.
 (V)  FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND
 FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
 AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE  DEPARTMENT  OF
 MOTOR  VEHICLES,  INCLUDING  BUT NOT LIMITED TO PERSONAL AND NONPERSONAL
 SERVICES.
 

S 5. This act shall take effect immediately, provided that the  amend
 ments  to  paragraph  a  of  subdivision  5 of section 89-b of the state
 finance law made by section two of this act  shall  be  subject  to  the
 expiration and reversion of such paragraph pursuant to section 2 of part
 B of chapter 84 of the laws of 2002, as amended, when upon such date the
 provisions of section three of this act shall take effect.

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