senate Bill S1917A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Apr 30, 2013 print number 1917a
amend and recommit to finance
Jan 09, 2013 referred to finance

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1917 - Bill Details

See Assembly Version of this Bill:
A6893
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §89-b, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1071B
2009-2010: S522

S1917 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1917

TITLE OF BILL: An act to amend the state finance law, in relation to
establishing the bridge and road investment and dedicated fund guaran-
teed 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 bridg-
es by ridding the State's Dedicated Highway and Bridge Trust Fund (Dedi-
cated 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 repeals 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 non-personal
services.

Section three repeals section 1 of part 0 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: 2012: Passed Senate 2010: Referred to Senate
Finance Committee 2008: Passed Senate

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 of this act shall take effect.

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

                                  1917

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05270-01-3

S. 1917                             2

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-

S. 1917                             3

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,

S. 1917                             4

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

S. 1917                             5

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 FOURTEEN--TWO THOUSAND
FIFTEEN;
  (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN;
  (III)  $126 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
  (IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND
EIGHTEEN.
  (V)  FOR  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN 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)  $156  MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN;
  (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN;
  (III)  $78  MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
  (IV) $39 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND
EIGHTEEN.
  (V)  FOR  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN 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.

Co-Sponsors

view additional co-sponsors

S1917A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6893
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §89-b, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1071B
2009-2010: S522

S1917A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1917A

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 repeals 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
non-personal services.

Section three repeals section 1 of part 0 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:

2012: Passed Senate
2010: Referred to Senate Finance Committee
2008: Passed Senate

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 of this act shall take effect.

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

                                 1917--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  LIBOUS, AVELLA -- read twice and ordered printed,
  and when printed to be  committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 60 of part HH of chapter 57 of the laws of
2013, 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05270-03-3

S. 1917--A                          2

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

S. 1917--A                          3

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
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 60-a of part HH of chapter 57 of the laws  of
2013, 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

S. 1917--A                          4

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  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. 1917--A                          5

  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 FOURTEEN--TWO THOUSAND
FIFTEEN;
  (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN;
  (III)  $126 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
  (IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND
EIGHTEEN.
  (V)  FOR  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN 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 FOURTEEN--TWO THOUSAND
FIFTEEN;
  (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN;
  (III)  $78  MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
  (IV) $39 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND
EIGHTEEN.
  (V)  FOR  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN 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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