S T A T E   O F   N E W   Y O R K
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                                  4376

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  MORELLE,  LUPARDO, COOK, MAGNARELLI, LAVINE,
  PEOPLES-STOKES, ROBERTS, GUNTHER, HOOPER, SKOUFIS  --  Multi-Sponsored
  by -- M. of A. MAGEE, McDONALD, ROBINSON, SCHIMEL, SEPULVEDA, SOLAGES,
  THIELE -- read once and referred to the Committee on Transportation

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 10 of part C of chapter 57  of  the  laws  of
2014, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04672-01-5
              

A. 4376                             2

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, nonpersonal services, and fringe
benefit costs  of  the  department  of  transportation  for  bus  safety
inspection  activities,  rail  safety  inspection  activities, and truck
safety inspection activities; [costs of the department  of  motor  vehi-
cles,  including  but not limited to personal and nonpersonal services;]
costs of engineering and administrative 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, 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

A. 4376                             3

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 transfers to the general  debt  service  fund  and  the
revenue bond tax fund of amounts equal to that respectively required for
service  contract  and  financing  agreement  payments  as  provided and
authorized by section three hundred eighty  of  the  public  authorities
law,  section eleven of chapter three hundred twenty-nine of the laws of
nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
sixty-nine-o of this chapter.
  S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
law,  as  amended  by  section 11 of part C of chapter 57 of the laws of
2014, 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, nonpersonal  services,  and  fringe
benefit  costs  of  the  department  of  transportation  for  bus safety
inspection activities, rail  safety  inspection  activities,  and  truck

A. 4376                             4

safety  inspection  activities;  costs of engineering and administrative
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 esti-
mates; 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 transfers to
the general debt service fund and the revenue bond tax fund  of  amounts
equal  to  that respectively required for service contract and financing
agreement payments as provided and authorized by section  three  hundred
eighty  of  the  public authorities law, section eleven of chapter three

A. 4376                             5

hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
  S 4. Subdivision 5 of section 89-b of the state finance law is amended
by adding two new paragraphs d and e to read as follows:
  D.  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)  $252  MILLION  FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN;
  (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  (III) $126 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN; AND
  (IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND  NINETEEN--TWO  THOUSAND
TWENTY.
  (V)  FOR  FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE 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.
  E.  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 SIXTEEN--TWO THOUSAND
SEVENTEEN;
  (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN;
  (III) $78 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO  THOUSAND
NINETEEN; AND
  (IV)  $39  MILLION FOR FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY.
  (V) FOR FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-ONE  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.