Relates to the town of Riga's Host Benefit Agreement reserve fund; relates to improvements for highways in such town; makes such provisions permanent.
Ayes (57): Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Ball
Excused (3): Espaillat, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend chapter 439 of the laws of 2008 relating to authorizing the town of Riga to establish the Host Benefit Agreement reserve fund, in relation to improvements for highways in such town and in relation to making such provisions permanent
PURPOSE: To continue to provide the Town of Riga with the authority to appropriate and allocate landfill revenue received from the Host Benefit Agreement with Monroe County through a Host Benefit Agreement reserve fund, to expand the types of projects for which the fund can be used, and to repeal the current expiration date.
SUMMARY OF PROVISIONS:
SECTION 1: amends subdivision 6 of section 1 of Chapter 439 of the Laws of 2008 (Chapter) to add as a permitted expenditure payment for the repair and improvement of highways, including sluices, culverts and bridges having a span of five feet or less, in any area of the town.
SECTION 2: amends section 3 of the Chapter to provide that the act shall take effect immediately, deleting the existing language that provided that the chapter shall expire and be deemed repealed on December 31, 2014.
JUSTIFICATION: The Town of Riga receives revenue from Monroe County for the use of its landfill through a Host Benefit Agreement. This agreement has provided the Town of Riga with a unique opportunity to use this money to fund capital improvement projects, or equipment used to provide water, sewer or fire protection for the town and its residents. By New York State Law, the town must obtain permission from the state to create a reserve fund in order to use this revenue for the town projects. Chapter 439 of the Laws of 2008 established the Host Benefit Agreement reserve fund for the Town of Riga, separate from all other town funds, to be designated by the town board for certain projects. Originally, the contract between the Town of Riga and Monroe County had an expiration date, but the contract has now been extended by the parties and no longer has an expiration date. Therefore, a repeal date is no longer appropriate for this legislation. In addition, the Town of Riga believes that it would benefit the Town and its residents, and has therefore requested that the purposes for which reserve funds can be used be expanded to include repair and improvement of highways, including sluices, culverts and bridges having a span of five feet or less within the town.
LEGISLATIVE HISTORY: This is an amendment of Chapter 439 of the Laws of 2008.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6891 IN SENATE March 26, 2014 ___________Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend chapter 439 of the laws of 2008 relating to authorizing the town of Riga to establish the Host Benefit Agreement reserve fund, in relation to improvements for highways in such town and in relation to making such provisions permanent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 1 of chapter 439 of the laws of 2008 relating to authorizing the town of Riga to establish the Host Benefit Agreement reserve fund, is amended to read as follows: 6. An expenditure may be made from such fund only by a resolution of the town board for (a) capital improvements or equipment for water, drainage or fire protection improvements that would benefit the entire town, the area of the town outside the village or the area of the town served by a water, drainage or fire protection district or an area of the town located in a water or drainage improvement benefit area
[or], (b) to pay debt service on obligations issued for capital purposes related to a water improvement benefit area or water district. Any such resolution shall set forth the estimated maximum cost thereof, OR (C) FOR THE REPAIR AND IMPROVEMENT OF HIGHWAYS, INCLUDING SLUICES, CULVERTS AND BRIDGES HAVING A SPAN OF FIVE FEET OR LESS, IN ANY AREA OF THE TOWN. Any expenditure from the fund authorizing an expenditure for such capi- tal improvement or equipment shall be subject to permissive referendum as governed by article 7 of the town law. Nothing in this act shall be construed to authorize the transfer to the credit of another reserve fund; provided however, that transfers may be made to the townwide general fund without a permissive referendum. S 2. Section 3 of chapter 439 of the laws of 2008 relating to author- izing the town of Riga to establish the Host Benefit Agreement reserve fund, is amended to read as follows: S 3. This act shall take effect immediately [and shall expire and be deemed repealed on December 31, 2014; provided, however, that upon the expiration and repeal of this act, the town may only transfer any. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14533-01-4 S. 6891 2
remaining balance to pay debt service on any outstanding bonds or obli- gations issued for capital improvement or equipment, as defined in section one of this act, related to a water improvemnt benefit area or water district]