S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9523
 
                           I N  A S S E M B L Y
 
                             January 19, 2018
                                ___________
 
 Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, in relation to expanding the
   powers  of  the  New York thruway authority to include contributing to
   the financing of certain local highway  and  bridge  improvements;  to
   amend  the highway law, in relation to establishing the E-Z Pave road-
   way assistance program;  and  to  amend  the  state  finance  law,  in
   relation to establishing the E-Z Pave roadway assistance fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 382 to read as follows:
   §  382.  FURTHER ADDITIONAL POWERS OF THE AUTHORITY TO FINANCE CERTAIN
 LOCAL HIGHWAY AND  BRIDGE  IMPROVEMENTS.  1.  THE  AUTHORITY  IS  HEREBY
 AUTHORIZED AND DIRECTED, AS ADDITIONAL CORPORATE PURPOSES THEREOF:
   (A)  TO  CHARGE  OUT-OF-STATE E-ZPASS DRIVERS WHO ENTER AND EXIT LOCAL
 THRUWAY TOLL BOOTHS THE CASH PAYMENT RATE  RATHER  THAN  THE  DISCOUNTED
 E-ZPASS RATE; AND
   (B)  TO  MAKE  AVAILABLE  THE  PROCEEDS  RESULTING FROM THE DIFFERENCE
 BETWEEN SUCH RATES, NET OF ALL COSTS  TO  THE  AUTHORITY  IN  CONNECTION
 THEREWITH,  FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE CAPITAL
 COSTS OF LOCAL HIGHWAY AND BRIDGE PROJECTS PURSUANT TO SECTION TEN-H  OF
 THE  HIGHWAY  LAW,  INCLUDING THE CONSTRUCTION, RECONSTRUCTION, ENHANCE-
 MENT, IMPROVEMENT, REPLACEMENT, RECONDITIONING,  RESTORATION,  REHABILI-
 TATION  AND PRESERVATION OF PUBLIC CITY, COUNTY, TOWN AND VILLAGE ROADS,
 HIGHWAYS AND BRIDGES.
   2. FUNDS AVAILABLE FOR DISTRIBUTION AS PROVIDED IN SUBDIVISION ONE  OF
 THIS SECTION SHALL BE CALCULATED AND DEPOSITED QUARTERLY BY THE AUTHORI-
 TY  INTO THE E-Z PAVE ROADWAY ASSISTANCE FUND ACCOUNT ESTABLISHED PURSU-
 ANT TO SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW ON THE  FIRST  DAY
 OF JANUARY, APRIL, JULY AND OCTOBER OF EACH YEAR.
   3.  NOT LESS THAN ONE HUNDRED TWENTY DAYS BEFORE THE BEGINNING OF EACH
 STATE FISCAL YEAR, THE CHAIRMAN OF THE AUTHORITY SHALL  CERTIFY  TO  THE
 COMPTROLLER  A SCHEDULE OF ANTICIPATED FUNDS AVAILABLE FOR DISTRIBUTION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13955-01-7

 A. 9523                             2
 
 TOGETHER WITH A BREAKDOWN OF THE AMOUNT OF FUNDS TO  BE  DISTRIBUTED  TO
 THE  CITY OF NEW YORK AND TO EACH COUNTY OUTSIDE THE CITY OF NEW YORK IN
 WHICH THERE IS LOCATED AT LEAST ONE LOCAL THRUWAY TOLL BOOTH ENTRANCE OR
 EXIT.  THE TOTAL AMOUNT SO CERTIFIED FOR SUCH FISCAL YEAR SHALL BE EQUAL
 TO THE TOTAL AMOUNT OF THE DIFFERENCE  BETWEEN  THE  CASH  PAYMENT  RATE
 CHARGED  TO  OUT-OF-STATE  E-ZPASS  DRIVERS  WHO EXIT LOCAL THRUWAY TOLL
 BOOTHS AND THE E-ZPASS RATE, TOGETHER WITH ANY APPLICABLE INTEREST THER-
 EON. SUCH CERTIFICATION SHALL PROVIDE FOR PAYMENTS TO THE  CITY  OF  NEW
 YORK  AND TO COUNTIES OUTSIDE THE CITY OF NEW YORK NO LATER THAN JANUARY
 FIFTEENTH OF EACH YEAR. UPON RECEIPT OF SUCH  CERTIFICATION,  THE  COMP-
 TROLLER SHALL PAY SUCH AMOUNTS TO THE CITY OF NEW YORK AND TO THE APPLI-
 CABLE COUNTIES OUTSIDE THE CITY OF NEW YORK.
   4.  FOR  PURPOSES OF THIS SECTION, "OUT-OF-STATE E-ZPASS DRIVERS" MEAN
 DRIVERS WHO HAVE E-ZPASS DEVICES REGISTERED IN  STATES  OTHER  THAN  NEW
 YORK.
   §  2.  The highway law is amended by adding a new section 10-h to read
 as follows:
   § 10-H. E-Z PAVE ROADWAY ASSISTANCE PROGRAM.  1.  NOTWITHSTANDING  ANY
 OTHER PROVISIONS OF THIS CHAPTER OR ANY OTHER LAW, AND SUBJECT TO AVAIL-
 ABLE FUNDING THEREFOR AS PROVIDED IN SECTION THREE HUNDRED EIGHTY-TWO OF
 THE  PUBLIC  AUTHORITIES  LAW,  AND IN ACCORDANCE WITH THE PROVISIONS OF
 THIS SECTION AND WITH THE  RULES  AND  REGULATIONS  PROMULGATED  BY  THE
 COMMISSIONER  IN  CONNECTION  THEREWITH, THERE IS HEREBY ESTABLISHED THE
 E-Z PAVE ROADWAY ASSISTANCE PROGRAM FOR THE PURPOSE OF  MAKING  PAYMENTS
 TO THE CITY OF NEW YORK AND TO CERTAIN COUNTIES OUTSIDE OF NEW YORK CITY
 FOR  THE  CONSTRUCTION,  OPERATION  AND/OR MAINTENANCE OF CERTAIN PUBLIC
 COUNTY, TOWN, CITY AND VILLAGE ROADS, HIGHWAYS AND BRIDGES THAT ARE  NOT
 A  PART  OF THE STATE HIGHWAY SYSTEM OR THE NEW YORK THRUWAY SYSTEM. THE
 COMMISSIONER SHALL PROMULGATE ALL NECESSARY  RULES  AND  REGULATIONS  TO
 CARRY  OUT THE PROGRAM SO THAT AN EQUITABLE DISTRIBUTION OF AID SHALL BE
 MADE FOR THE CONSTRUCTION, OPERATION AND/OR  MAINTENANCE  OF  QUALIFYING
 ROADS,  HIGHWAYS  AND  BRIDGES IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION.
   2. ON OR BEFORE THE FIFTEENTH DAY OF APRIL IN EACH YEAR,  THERE  SHALL
 BE DISTRIBUTED AND PAID THE FOLLOWING AMOUNTS:
   (A)  TO  THE  CITY OF NEW YORK, AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF
 THE DIFFERENCE BETWEEN THE CASH PAYMENT  RATE  CHARGED  TO  OUT-OF-STATE
 E-ZPASS DRIVERS WHO EXIT THRUWAY TOLL BOOTHS LOCATED WITHIN THE CITY AND
 THE E-ZPASS RATE, TOGETHER WITH ANY APPLICABLE INTEREST THEREON; AND
   (B)  TO  EACH COUNTY OUTSIDE OF THE CITY OF NEW YORK IN WHICH THERE IS
 LOCATED AT LEAST ONE THRUWAY TOLL BOOTH EXIT, AN  AMOUNT  EQUAL  TO  THE
 TOTAL  AMOUNT OF THE DIFFERENCE BETWEEN THE CASH PAYMENT RATE CHARGED TO
 OUT-OF-STATE E-ZPASS DRIVERS WHO EXIT LOCAL THRUWAY TOLL  BOOTHS  WITHIN
 THAT  COUNTY AND THE E-ZPASS RATE, TOGETHER WITH ANY APPLICABLE INTEREST
 THEREON.
   3. (A) AMOUNTS SHALL BE DISTRIBUTED IN ACCORDANCE WITH THE  PROVISIONS
 OF SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW FOR LOCAL ROADS, HIGH-
 WAYS  AND  BRIDGES  AND  SHALL  BE DISTRIBUTED AMONG FOUR JURISDICTIONAL
 SYSTEMS BASED ON RELATIVE VEHICLE MILES OF TRAVEL AS FOLLOWS:
   JURISDICTIONAL                               PERCENT OF
     SYSTEM                               VEHICLE MILES OF TRAVEL
 CITIES                                           42.7
 COUNTIES                                         18.5
 VILLAGES                                         10.7
 TOWNS                                            28.1

 A. 9523                             3
 
                                                  -----
 TOTAL                                            100.0
   (B)  WITHIN  EACH JURISDICTIONAL SYSTEM, THE DISTRIBUTION MADE TO EACH
 MUNICIPALITY SHALL BE BASED ON THE RATIO OF THE  NUMBER  OF  LANE  MILES
 UNDER  THE  MAINTENANCE  JURISDICTION, EXCEPT INTERSTATE AND STATE HIGH-
 WAYS, OF EACH MUNICIPALITY THAT IS DEVOTED TO THE MOVEMENT  OF  TRAFFIC,
 EXCLUDING  LANES DEVOTED TO THE PARKING OF VEHICLES, TO THE TOTAL NUMBER
 OF SUCH LANE MILES UNDER THE OPERATIONAL JURISDICTION, EXCEPT INTERSTATE
 AND STATE HIGHWAYS, OF ALL  MUNICIPALITIES  IN  THE  STATE  WITHIN  EACH
 JURISDICTIONAL SYSTEM.
   (C)  FUNDS  ALLOCATED FOR LOCAL ROAD, HIGHWAY OR BRIDGE PROJECTS UNDER
 THIS SUBDIVISION SHALL BE USED TO UNDERTAKE WORK  ON  A  PROJECT  EITHER
 WITH  THE  MUNICIPALITY'S  OWN  FORCES OR BY CONTRACT, PROVIDED HOWEVER,
 THAT WHENEVER THE ESTIMATE FOR THE CONSTRUCTION  CONTRACT  WORK  EXCEEDS
 ONE HUNDRED THOUSAND DOLLARS BUT DOES NOT EXCEED TWO HUNDRED FIFTY THOU-
 SAND  DOLLARS SUCH WORK MUST BE PERFORMED EITHER WITH THE MUNICIPALITY'S
 OWN FORCES OR BY CONTRACT LET BY COMPETITIVE BID IN ACCORDANCE WITH  THE
 PROVISIONS  OF  SECTION  ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW;
 AND PROVIDED FURTHER,  HOWEVER,  THAT  WHENEVER  THE  ESTIMATE  FOR  THE
 CONSTRUCTION  CONTRACT  WORK  EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS
 SUCH WORK MUST BE PERFORMED  BY  CONTRACT  LET  BY  COMPETITIVE  BID  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  ONE HUNDRED THREE OF THE
 GENERAL MUNICIPAL LAW.
   4. EACH MUNICIPALITY SHALL USE AT LEAST SEVENTY-FIVE  PERCENT  OF  THE
 FUNDS IT RECEIVES FOR THE CONSTRUCTION, RECONSTRUCTION OR IMPROVEMENT OF
 LOCAL  ROADS,  HIGHWAYS AND BRIDGES, INCLUDING RIGHT OF WAY ACQUISITION,
 PRELIMINARY ENGINEERING, AND CONSTRUCTION  SUPERVISION  AND  INSPECTION,
 WHERE THE SERVICE LIFE OF THE PROJECT IS AT LEAST TEN YEARS. SUCH MONEYS
 MADE  AVAILABLE  MAY BE USED TO MATCH OTHER STATE AND FEDERAL FUNDS MADE
 AVAILABLE FOR SUCH PROJECTS UNDER FEDERAL-AID HIGHWAY ACTS. THE  REMAIN-
 DER  OF  THE  APPORTIONMENT MAY BE USED FOR ANY HIGHWAY PURPOSES, EXCEPT
 DEBT SERVICE, INCLUDING BUT NOT LIMITED TO, THE ACQUISITION OF MATERIALS
 AND EQUIPMENT DEVOTED TO OPERATION AND MAINTENANCE  OF  LOCAL  HIGHWAYS,
 BRIDGES  AND/OR  HIGHWAY-RAILROAD CROSSINGS AND THE PAYMENT OF ANY COSTS
 DIRECTLY ATTRIBUTABLE TO OPERATION AND MAINTENANCE OF LOCAL ROADS, HIGH-
 WAYS AND BRIDGES. AT THE DISCRETION OF THE COMMISSIONER, THE REQUIREMENT
 SPECIFIED IN THIS SUBDIVISION MAY BE WAIVED FOR ASSISTANCE  PAYMENTS  IN
 AMOUNTS OF LESS THAN FIVE THOUSAND DOLLARS.
   5.  FOR  ANY  CITY, TOWN, OR VILLAGE WHICH CONSOLIDATES OR MERGES WITH
 ANOTHER MUNICIPALITY, THE RESULTING SUCCESSOR GOVERNMENT SHALL FILE WITH
 THE OFFICE OF THE STATE COMPTROLLER A CERTIFICATE OF  ANY  SUCH  CONSOL-
 IDATION,  MERGER AND ANY ACCOMPANYING DISSOLUTION. IN THE EVENT THAT THE
 AMOUNT WHICH WOULD OTHERWISE BE APPORTIONED TO  THE  INDIVIDUAL  GOVERN-
 MENTS  EXCEEDS  THE  AMOUNT WHICH IS PAYABLE TO THE SUCCESSOR GOVERNMENT
 PURSUANT TO THIS SECTION, SUCH SUCCESSOR  GOVERNMENT  SHALL  RECEIVE  NO
 LESS  IN  CONSOLIDATED LOCAL HIGHWAY APPORTIONMENTS THAN THE PREDECESSOR
 GOVERNMENTS WOULD HAVE RECEIVED IN  THE  AGGREGATE  HAD  THE  MERGER  OR
 CONSOLIDATION NOT OCCURRED.
   6.  FOR  PURPOSES OF THIS SECTION, "OUT-OF-STATE E-ZPASS DRIVERS" MEAN
 DRIVERS WHO HAVE E-ZPASS DEVICES REGISTERED IN  STATES  OTHER  THAN  NEW
 YORK.
   §  3. The state finance law is amended by adding a new section 89-i to
 read as follows:
   § 89-I. E-Z PAVE ROADWAY ASSISTANCE FUND. 1. THERE  IS  HEREBY  ESTAB-
 LISHED  IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE

 A. 9523                             4
 
 AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "E-Z PAVE ROADWAY  ASSIST-
 ANCE FUND".
   2.  THE  E-Z  PAVE  ROADWAY  ASSISTANCE  FUND  SHALL CONSIST OF MONEYS
 COLLECTED AND DEPOSITED INTO THE ACCOUNT BY THE NEW YORK  STATE  THRUWAY
 AUTHORITY  IN  ACCORDANCE  WITH  THE PROVISIONS OF SECTION THREE HUNDRED
 EIGHTY-TWO OF THE PUBLIC AUTHORITIES LAW.
   3. MONEYS IN THE E-Z PAVE ROADWAY ASSISTANCE FUND SHALL BE KEPT  SEPA-
 RATE  FROM  AND  SHALL  NOT  BE  COMMINGLED WITH ANY OTHER MONEYS IN THE
 CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER.
 ALL DEPOSITS OF SUCH MONEYS SHALL, IF REQUIRED BY  THE  COMPTROLLER,  BE
 SECURED  BY  OBLIGATIONS  OF THE UNITED STATES OR OF THE STATE OF MARKET
 VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSIT AND ALL BANKS  AND
 TRUST  COMPANIES  ARE AUTHORIZED TO GIVE SUCH SECURITIES FOR SUCH DEPOS-
 ITS.
   4. MONEYS OF THE FUND SHALL BE MADE AVAILABLE FOR PAYMENTS  UNDER  THE
 E-Z  PAVE  ROADWAY  ASSISTANCE  PROGRAM  ESTABLISHED PURSUANT TO SECTION
 TEN-H OF THE HIGHWAY LAW TO THE CITY OF NEW YORK AND TO CERTAIN COUNTIES
 OUTSIDE OF NEW YORK CITY FOR THE CONSTRUCTION, OPERATION AND/OR  MAINTE-
 NANCE  OF  CERTAIN PUBLIC CITY, COUNTY, TOWN AND VILLAGE ROADS, HIGHWAYS
 AND BRIDGES THAT ARE NOT A PART OF THE STATE HIGHWAY SYSTEM OR  THE  NEW
 YORK THRUWAY SYSTEM.
   5.  ALL  PAYMENTS  OF MONEYS FROM THE E-Z PAVE ROADWAY ASSISTANCE FUND
 SHALL BE MADE ON THE AUDIT AND WARRANT OF THE  COMPTROLLER  ON  VOUCHERS
 CERTIFIED  OR  APPROVED  BY  THE  CHAIRMAN OF THE NEW YORK STATE THRUWAY
 AUTHORITY.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.