senate Bill S6891

Signed By Governor
2013-2014 Legislative Session

Relates to the town of Riga's Host Benefit Agreement reserve fund; relates to improvements for highways in such town

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 21, 2014 approval memo.7
signed chap.414
Oct 09, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.605
substituted for a9246
Jun 11, 2014 referred to local governments
delivered to assembly
passed senate
home rule request
Jun 10, 2014 advanced to third reading
Jun 09, 2014 2nd report cal.
Jun 03, 2014 1st report cal.1184
Mar 26, 2014 referred to transportation

Votes

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S6891 - Bill Details

See Assembly Version of this Bill:
A9246
Law Section:
Highways
Laws Affected:
Amd ยงยง1 & 3, Chap 439 of 2008

S6891 - Bill Texts

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Relates to the town of Riga's Host Benefit Agreement reserve fund; relates to improvements for highways in such town; makes such provisions permanent.

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BILL NUMBER:S6891

TITLE OF BILL: An act to amend chapter 439 of the laws of 2008
relating to authorizing the town of Riga to establish the Host Benefit
Agreement reserve fund, in relation to improvements for highways in
such town and in relation to making such provisions permanent

PURPOSE: To continue to provide the Town of Riga with the authority to
appropriate and allocate landfill revenue received from the Host
Benefit Agreement with Monroe County through a Host Benefit Agreement
reserve fund, to expand the types of projects for which the fund can
be used, and to repeal the current expiration date.

SUMMARY OF PROVISIONS:

SECTION 1: amends subdivision 6 of section 1 of Chapter 439 of the
Laws of 2008 (Chapter) to add as a permitted expenditure payment for
the repair and improvement of highways, including sluices, culverts
and bridges having a span of five feet or less, in any area of the
town.

SECTION 2: amends section 3 of the Chapter to provide that the act
shall take effect immediately, deleting the existing language that
provided that the chapter shall expire and be deemed repealed on
December 31, 2014.

JUSTIFICATION: The Town of Riga receives revenue from Monroe County
for the use of its landfill through a Host Benefit Agreement. This
agreement has provided the Town of Riga with a unique opportunity to
use this money to fund capital improvement projects, or equipment used
to provide water, sewer or fire protection for the town and its
residents. By New York State Law, the town must obtain permission from
the state to create a reserve fund in order to use this revenue for
the town projects. Chapter 439 of the Laws of 2008 established the
Host Benefit Agreement reserve fund for the Town of Riga, separate
from all other town funds, to be designated by the town board for
certain projects. Originally, the contract between the Town of Riga
and Monroe County had an expiration date, but the contract has now
been extended by the parties and no longer has an expiration date.
Therefore, a repeal date is no longer appropriate for this
legislation. In addition, the Town of Riga believes that it would
benefit the Town and its residents, and has therefore requested that
the purposes for which reserve funds can be used be expanded to
include repair and improvement of highways, including sluices,
culverts and bridges having a span of five feet or less within the
town.

LEGISLATIVE HISTORY: This is an amendment of Chapter 439 of the Laws
of 2008.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  6891

                            I N  S E N A T E

                             March 26, 2014
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Transportation

AN ACT to amend chapter 439 of the laws of 2008 relating to  authorizing
  the town of Riga to establish the Host Benefit Agreement reserve fund,
  in  relation to improvements for highways in such town and in relation
  to making such provisions permanent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  6 of section 1 of chapter 439 of the laws of
2008 relating to authorizing the town of  Riga  to  establish  the  Host
Benefit Agreement reserve fund, is amended to read as follows:
  6.  An  expenditure may be made from such fund only by a resolution of
the town board for (a) capital  improvements  or  equipment  for  water,
drainage  or  fire protection improvements that would benefit the entire
town, the area of the town outside the village or the area of  the  town
served  by  a  water, drainage or fire protection district or an area of
the town located in a water or drainage improvement benefit  area  [or],
(b)  to  pay  debt  service  on  obligations issued for capital purposes
related to a water improvement benefit area or water district.  Any such
resolution shall set forth the estimated maximum cost  thereof,  OR  (C)
FOR  THE REPAIR AND IMPROVEMENT OF HIGHWAYS, INCLUDING SLUICES, CULVERTS
AND BRIDGES HAVING A SPAN OF FIVE FEET OR LESS, IN ANY AREA OF THE TOWN.
Any expenditure from the fund authorizing an expenditure for such  capi-
tal  improvement  or equipment shall be subject to permissive referendum
as governed by article 7 of the town law.  Nothing in this act shall  be
construed  to  authorize  the  transfer to the credit of another reserve
fund; provided however, that transfers  may  be  made  to  the  townwide
general fund without a permissive referendum.
  S  2. Section 3 of chapter 439 of the laws of 2008 relating to author-
izing the town of Riga to establish the Host Benefit  Agreement  reserve
fund, is amended to read as follows:
  S  3.  This act shall take effect immediately [and shall expire and be
deemed repealed on December 31, 2014; provided, however, that  upon  the
expiration  and  repeal  of  this  act,  the  town may only transfer any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14533-01-4

S. 6891                             2

remaining balance to pay debt service on any outstanding bonds or  obli-
gations  issued  for  capital  improvement  or  equipment, as defined in
section one of this act, related to a water improvemnt benefit  area  or
water district].
  S 3. This act shall take effect immediately.

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