This bill has been amended

Bill S1071-2011

Enacts the "bridge and road investment and dedicated fund guaranteed enforcement (BRIDGE) reform act"

Enacts the "bridge and road investment and dedicated fund guaranteed enforcement (BRIDGE) reform act".

Details

Actions

  • Jan 4, 2012: REFERRED TO FINANCE
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Apr 12, 2011: referred to transportation
  • Apr 12, 2011: DELIVERED TO ASSEMBLY
  • Apr 12, 2011: PASSED SENATE
  • Mar 24, 2011: ADVANCED TO THIRD READING
  • Mar 23, 2011: 2ND REPORT CAL.
  • Mar 22, 2011: 1ST REPORT CAL.248
  • Jan 5, 2011: REFERRED TO FINANCE

Meetings

Calendars

Votes

Memo

BILL NUMBER:S1071

TITLE OF BILL:

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

PURPOSE:

This bill will direct funding to needed bridge and road construction and repair. This money will be directed to roads and bridges by ridding the State s Dedicated Highway and Bridge Trust Fund (Dedicated Fund) of expenses not related to roads and bridge construction and repair.

SUMMARY OF PROVISIONS:

Section one titles the bill the BRIDGE (Bridge and Road Investment and Dedicated Fund Guaranteed Enforcement) Reform Act.

Section two amends section 1 of part B of Chapter 84 of the Laws of 2002 by forbidding the Dedicated Fund be used to pay for costs of the Department of Motor Vehicles (DMV), including personal and nonpersonal services.

Section three amends section 1 of part B of Chapter 151 of the Laws of 2001 by forbidding that the Dedicated Fund be used for snow and ice removal by the Department of Transportation (DOT) and other costs related to that program.

Section four creates a schedule by which money from the Dedicated Fund used for snow and ice removal by the DOT will be phased out. The plan calls for a 5 year phase out by cutting the amount for snow and ice removal by approximately 20% each year. After five years, no money from the Dedicated Fund shall be spent on snow and ice removal and related costs by the DOT. Section four further creates a schedule by which money from the Dedicated Fund used for DMV expenses will be phased out. The plan calls for a 5 year phase out by cutting the amount for DMV expenses by approximately 20% each year. After five years, no money from the Dedicated Fund shall be spent on DMV expenses and related costs. Section five states that the act shall take effect immediately.

JUSTIFICATION:

When the Dedicated Fund was created in 1991, its purpose was to spend money on reconstruction, replacement, reconditioning and preservation of highways and bridges. Today, the fund now has dozens of uses and spends more than $750 million annually on expenses not directly related to its original intent, including Department of Motor Vehicles (DMV) Operations and salaries and Snow and Ice Removal. This legislation is an attempt to create a transparent funding stream for bridge and road investment. Given the advent of such tragedies as the 1-35W bridge collapse in Minnesota, coupled with the fact that 29% of New York State's bridges are rated fair or poor, bridge and road

investment needs to be a priority for New York as a matter of public safety.

Sadly, New York has ignored investing in our roads and bridges. Last year's state budget failed to contain appropriate funding for our state's roads and bridges. This legislation attempts to clean up the Dedicated Fund by removing DOT snow and ice removal expenses totaling $563 million and DMV operational expenses totaling $199 million so that this money can be used for the Dedicated Fund's intended purposes.

LEGISLATIVE HISTORY:

2010: Referred to Senate Finance Committee. 2008: S.6516A - Passed Senate - 61-0.

FISCAL IMPLICATIONS:

Approximately $762 million and its associated bonding capacity will be made available for road and bridge investment.

EFFECTIVE DATE:

This act shall take effect immediately, provided that the amendments 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 provision of section three ofthis act shall take effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 1071 2011-2012 Regular Sessions IN SENATE January 5, 2011 ___________
Introduced by Sen. LIBOUS -- 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: 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- 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 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 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 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) $450.24 MILLION FOR FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN; (II) $337.68 MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOU- SAND FOURTEEN; (III) $225.12 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOU- SAND FIFTEEN; AND (IV) $112.56 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOU- SAND SIXTEEN. (V) FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN 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) $160.24 MILLION FOR FISCAL YEAR TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN; (II) $121.80 MILLION FOR FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOU- SAND FOURTEEN; (III) $81.20 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOU- SAND FIFTEEN; AND (IV) $40.60 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN. (V) FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN 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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