senate Bill S1071

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO FINANCE
  • 22 / Mar / 2011
    • 1ST REPORT CAL.248
  • 23 / Mar / 2011
    • 2ND REPORT CAL.
  • 24 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 12 / Apr / 2011
    • PASSED SENATE
  • 12 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 12 / Apr / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 05 / Jan / 2012
    • PRINT NUMBER 1071A
  • 13 / Mar / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Mar / 2012
    • PRINT NUMBER 1071B
  • 25 / Apr / 2012
    • 1ST REPORT CAL.575
  • 26 / Apr / 2012
    • 2ND REPORT CAL.
  • 30 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 21 / May / 2012
    • PASSED SENATE
  • 21 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2012
    • REFERRED TO TRANSPORTATION

Summary

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

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Bill Details

See Assembly Version of this Bill:
A7205
Versions:
S1071
S1071A
S1071B
Legislative Cycle:
2011-2012
Current Committee:
Assembly Transportation
Law Section:
State Finance Law
Laws Affected:
Amd ยง89-b, St Fin L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S522, S522
2011-2012: S1071B

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1071

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07039-01-1

S. 1071                             2

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

S. 1071                             3

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-

S. 1071                             4

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

S. 1071                             5

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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