S T A T E O F N E W Y O R K
________________________________________________________________________
6949
2015-2016 Regular Sessions
I N A S S E M B L Y
April 15, 2015
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Introduced by M. of A. CRESPO, RAMOS -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to increasing the aviation
gasoline rate to twenty-five cents per gallon; to amend the state
finance law, in relation to establishing the New York state airport
capital development, road, and bridge repair fund; and providing for
the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (b) of section 301-e of the tax
law, as amended by chapter 2 of the laws of 1995, is amended to read as
follows:
(1) The aviation gasoline component shall be determined by multiplying
the aviation gasoline rate times the number of gallons of aviation gaso-
line imported or caused to be imported into this state by an aviation
fuel business for use, distribution, storage or sale in the state or
produced, refined, manufactured or compounded in the state by an
aviation fuel business. Provided that importation of aviation gasoline
into the state in the fuel tanks of aircraft shall be importation for
use for the purposes of this section. The basic aviation gasoline rate
shall be [five and one-half] TWENTY-FIVE cents per gallon. The rate
shall be adjusted at the same time as the rates of the components of the
petroleum business tax imposed by section three hundred one-a of this
article, and the method of making adjustments to the aviation gasoline
rate shall be the same as the method used for such rates.
S 2. The state finance law is amended by adding a new section 90-b to
read as follows:
S 90-B. NEW YORK STATE AIRPORT CAPITAL DEVELOPMENT, ROAD, AND BRIDGE
REPAIR FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A FUND TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10379-01-5
A. 6949 2
BE KNOWN AS THE "NEW YORK STATE AIRPORT CAPITAL DEVELOPMENT, ROAD, AND
BRIDGE REPAIR FUND".
2. THE NEW YORK STATE AIRPORT CAPITAL DEVELOPMENT, ROAD, AND BRIDGE
REPAIR FUND SHALL CONSIST OF MONEYS APPROPRIATED THERETO, AND REVENUES
RECEIVED BY THE DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO THE
PROVISIONS OF PARAGRAPH ONE OF SUBDIVISION (B) OF SECTION THREE HUNDRED
ONE-E OF THE TAX LAW.
3. MONEYS IN THE NEW YORK STATE AIRPORT CAPITAL DEVELOPMENT, ROAD, AND
BRIDGE REPAIR FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMIN-
GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER OF TAXA-
TION AND FINANCE AND THE STATE COMPTROLLER.
4. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
TRANSPORTATION AND THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY FOLLOW-
ING THE SELECTION OF A CONTRACTOR AFTER A COMPETITIVE BID OR REQUEST FOR
PROPOSAL FOR THE PURPOSE OF AIRPORT CAPITAL DEVELOPMENT, ROAD, AND
BRIDGE REPAIR ACROSS NEW YORK STATE.
S 3. The department of transportation and the port authority of New
York and New Jersey shall implement rules and regulations for the
disbursement of the New York state airport capital development, road,
and bridge repair fund, including but not limited to project eligibility
and a competitive process by which a contractor will be selected.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed 4
years after such date. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.