NY State Senate Bill 2023-S9375

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	referred to budget and revenue

2023-S9375 (ACTIVE) - Details

Current Committee:: Senate Budget And Revenue
Law Section:: Tax Law
Laws Affected:: Add Art 21-B §§530 - 537, Tax L; amd §§301 & 375, V & T L; rpld §89-b sub 3 ¶(a), amd §89-b, St Fin L
Versions Introduced in 2025-2026 Legislative Session:: S4196

2023-S9375 (ACTIVE) - Summary

Enacts a highway use tax on fuel-efficient vehicles which get at least 35 miles per gallon; requires the installation of an on-board unit to record miles travelled; reimburses vehicle owners for gas tax through a credit against highway tax; deposits moneys into the dedicated highway and bridge trust fund.

2023-S9375 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9375

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the tax law, the vehicle and traffic law and the state
finance law, in relation to a highway use tax for fuel-efficient vehi-
cles; and to repeal certain provisions of the state finance law relating
to the dedicated highway and bridge trust fund

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a tax based on vehicle miles traveled (VMT) for fuel-efficient
cars that are no longer paying gas tax

 
SUMMARY OF PROVISIONS:

Section one adds a new Article 21-B to the Tax Law to create a highway
use tax for fuel-efficient vehicles that receive at least 30 miles per
gallon or miles per gallon equivalent, which is the same fuel efficiency
threshold used in Oregon's VMT tax.

Qualifying vehicles would be subject to the tax at a rate of 1.9 cents
per mile on in-state public roadways. Applicable mileage would be
recorded via an on-board unit installed at the time of vehicle registra-
tion. The on-board unit would report an aggregate number of taxable
miles to the Department of Tax and Finance (DTF) for the purposes of
calculating VMT tax owed but would not be programmed to report other
data such as precise geolocation or times of travel. The Department of
Motor Vehicles (DMV) and DTF would additionally be subject to the
provisions of Article 6-A of the Public Officers Law, which enacts
strict privacy protections for consumer data.

The VMT tax would be owed on a quarterly basis, unless a taxpayer elects
to file a return more frequently through, for example, the creation of a
digital prepaid account similar to an E-ZPass account.

Fuel-efficient vehicles that continue to pay some amount of gas tax
could submit their receipts to DTF and receive a credit against the VMT
tax owed under the bill.

Penalties and interest for failure to pay would be equivalent to those
for New York's existing highway use tax for trucks that weigh more than
18,000 pounds as provided in Tax Law § 52. Acts of overt tax fraud such
as tampering with, replacing, or disconnecting an on-board unit with
intent to defraud would be subject to the penalties prescribed in Part 2
of Article 37 of the Tax Law.

All revenues collected from the VMT tax would be earmarked to the dedi-
cated highway bridge and trust fund.

DTF would be required to produce an annual report on:

- Recommended changes to the VMT tax rate per mile

- Recommended changes to the mileage threshold for the VMT tax

- The total number of covered vehicles and mileage reported for the VMT
tax
- Total amount of revenues the state collected from the VMT tax

Section two of the bill amends § 301(c)(1)(a) of the Vehicle and Traffic
Law to include verification of the presence of an on-board unit in annu-
al vehicle safety inspections. Inspectors would be responsible for
recording both the mileage on an odometer and the mileage reported by an
on-board unit in their inspection report.

Section three of the bill amends § 375 of the Vehicle and Traffic Law
(VTL) to include on-board units among the list of mandatory pieces of
equipment that vehicles subject to the VMT tax must have. The installa-
tion of the on-board unit could be done by an automobile dealer at the
point of sale or lease.

Sections four, five, and six amend § 89-b(3)(a) of the State Finance Law
to make conforming amendments.

Section seven sets the effective date.

 
JUSTIFICATION:

This bill creates a vehicle miles traveled (VMT) tax for the owners of
fuel-efficient vehicles who no longer pay a sufficient amount of gas tax
to repair the roads, bridges, and tunnels upon which they drive.  Tax
revenues per VMT are decreasing in real terms while expenditures for the
maintenance of public roadways are increasing. According to the Tax
Foundation, a passenger car in 1994 averaged 20.7 miles per gallon and
drivers paid 3.2 cents in state and federal tax per VMT (Who Will Pay
for the Roads?, August 2020, Tax Foundation, p. 1). By 2018, average
fuel economy had increased to 24.4 MPG and drives paid only 2.1 cents in
state and federal tax per VMT. The U.S. Energy Information Adminis-
tration estimates that gas consumption will decline 19% by 2050, and EVs
may comprise up to 17.5% of auto sales nationwide by 2028. The gap
between gas tax revenues and public expenditures on road maintenance
will continue to grow as both average fuel economy improves overall and
the share of electric vehicles (EVs) on the road increases. The federal
gas tax, meanwhile, which is not indexed to inflation, has not been
raised by Congress since 1993.

While New York has made many meaningful strides in recent years to
encourage the transition to EV vehicles in order to reduce greenhouse
gas emissions, including rebates of up to $2,000 through NYSERDA's Drive
Clean program, the current gas tax scheme does not account for electric
vehicles' greatest externality - the significant wear-and-tear which
they incur upon public roadways through batteries that are thousands of
pounds heavier than traditional gas-powered cars. The creation of a
highway use tax, which is based on vehicle miles traveled rather than
volume of gasoline consumed, would both correct for this externality
while ensuring that our state's motor fuel tax is fulfilling its
intended purpose of funding public infrastructure.

There is a precedent, meanwhile, for a VMT tax in New York State, which
has had a highway use tax for trucks weighing more than 18,000 pounds in
place since 1951 (Evaluation of the New York State Highway Use Tax,
1953, Proceedings of the Annual Conference on Taxation under the
Auspices of the National Tax Association, National Tax Association, p.
123). Decades ago, the legislature justified this VMT because of the
direct relationship between vehicle weight and highway damage, the fact
that heavier vehicles cause greater construction and maintenance costs,
the fact that lighter vehicles were paying more than heavier vehicles
for use of the same roadway, and the fact that the fuel tax was no long-
er an accurate index of roadway use - arguments that all still apply
today.

A VMT tax of 1.9 cents a mile for fuel-efficient vehicles could easily
be implemented with existing technology, toll and tax collection
schemes, and vehicle enforcement checkpoints. On-board units (OBUs),
which are capable of being programmed to track in-state mileage on
public roadways while collecting no other data, could transmit the
number of taxable miles per covered vehicle to the Department of Taxa-
tion and Finance, who could then bill vehicle owners electronically in a
manner similar to E-ZPass. OBUs could be installed at the point of
retail sale by auto dealers, who could then certify to DMV that such
unit has been installed when they go to register the vehicle on behalf
of the new owner. Annual vehicle safety inspections could serve as one
of several enforcement checkpoints to ensure that OBUs are properly
installed in fuel-efficient vehicles, and that the reported mileage of
an OBU matches that on the vehicle's odometer.

This new tax based on vehicle miles traveled would better approximate
highway use for fuel-efficient vehicles while raising hundreds of thou-
sands in new revenue for our roads, bridges, and tunnels. This bill
represents a commonsense solution to the problem of an antiquated motor
fuel tax regime that no longer reflects the realities of the vehicle
market it attempts to tax.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and apply to all covered vehicles registered or re-regis-
tered on or after such date.

2023-S9375 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9375
 
                             I N  S E N A T E
 
                               May 14, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN  ACT  to amend the tax law, the vehicle and traffic law and the state
   finance law, in relation to a highway use tax for fuel-efficient vehi-
   cles; and to repeal certain provisions of the state finance law relat-
   ing to the dedicated highway and bridge trust fund

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  tax  law is amended by adding a  new article 21-B to
 read as follows:
 
                               ARTICLE 21-B
                HIGHWAY USE TAX FOR FUEL-EFFICIENT VEHICLES
 
 SECTION 530. DEFINITIONS.
         531. CREATION OF HIGHWAY USE TAX FOR COVERED VEHICLES.
         532. COLLECTION OF TAX.
         533. DATA PRIVACY.
         534. REIMBURSEMENTS FOR GAS TAX.
         535. PENALTIES, INTEREST, AND TAX FRAUD ACTS.
         536. DISPOSITION OF REVENUES.
         537. ANNUAL REPORT.
   § 530. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "COVERED VEHICLE" SHALL MEAN A MOTOR VEHICLE, AS DEFINED IN SECTION
 ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, THAT RECEIVES AT
 LEAST THIRTY MILES PER GALLON OR MILES PER GALLON EQUIVALENT.
   2. "GLOBAL POSITIONING SYSTEM" OR "GPS" SHALL MEAN A LOCATION TRACKING
 TECHNOLOGY THAT USES  NAVIGATIONAL  SATELLITES  TO  DETERMINE  A  USER'S
 LOCATION  AND  VELOCITY IN REAL TIME AND IS CAPABLE OF COLLECTING, STOR-
 ING, AND TRANSMITTING GEOGRAPHICAL DATA.
   3. "MILES PER GALLON" SHALL REFER TO THE MEASURE OF  DISTANCE  THAT  A
 COVERED VEHICLE RUNNING ON GASOLINE OR DIESEL FUEL CAN TRAVEL PER GALLON
 OF SUCH FUEL AS RATED BY THE ENVIRONMENTAL PROTECTION AGENCY.

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

                                                            LBD14194-02-4
 S. 9375                             2
 
   4.  "MILES  PER GALLON GASOLINE EQUIVALENT" SHALL REFER TO THE MEASURE
 OF DISTANCE THAT A COVERED VEHICLE RUNNING ON NON-LIQUID FUELS CAN TRAV-
 EL PER UNIT OF ENERGY AS RATED BY THE ENVIRONMENTAL PROTECTION AGENCY.
   5.  "MOTOR  FUEL" SHALL MEAN THE SAME AS DEFINED IN SUBDIVISION TWO OF
 SECTION TWO HUNDRED EIGHTY-TWO OF THIS CHAPTER.
   6. "ON-BOARD UNIT" SHALL MEAN AN  ELECTRONIC  DEVICE  INSTALLED  IN  A
 COVERED VEHICLE THAT RECORDS TRAFFIC AND DRIVING DATA AND CAN CONNECT TO
 ROADSIDE AND SATELLITE NAVIGATION SYSTEMS.
   7.  "PUBLIC  HIGHWAY"  SHALL  MEAN ANY PUBLIC HIGHWAY, STREET, AVENUE,
 ROAD, PUBLIC PLACE, PUBLIC DRIVEWAY, OR ANY OTHER  PUBLIC  WAY  IN  THIS
 STATE.
   § 531. CREATION  OF  HIGHWAY USE TAX FOR COVERED VEHICLES. 1. THERE IS
 HEREBY CREATED A HIGHWAY USE TAX FOR COVERED VEHICLES FOR THE  PRIVILEGE
 OF  OPERATING  A  COVERED VEHICLE UPON THE PUBLIC HIGHWAYS OF THIS STATE
 AND FOR THE PURPOSE OF RECOMPENSING THE STATE FOR  THE  PUBLIC  EXPENDI-
 TURES  INCURRED  BY  REASON OF THE OPERATIONS OF SUCH COVERED VEHICLE ON
 SUCH PUBLIC HIGHWAYS. THE TAX SHALL  BE  LEVIED  UPON  THE  OWNER  OF  A
 COVERED VEHICLE FOR MILES DRIVEN ON PUBLIC HIGHWAYS.
   2.  THE AMOUNT OF HIGHWAY USE TAX OWED SHALL BE EQUAL TO THE NUMBER OF
 VEHICLE MILES TRAVELED, AS REPORTED BY THE ON-BOARD UNIT,  TIMES  A  TAX
 RATE OF 1.9 CENTS PER MILE.
   § 532. COLLECTION  OF  TAX.  THE  HIGHWAY USE TAX FOR COVERED VEHICLES
 SHALL BE COLLECTED AS FOLLOWS:
   1. AN ON-BOARD UNIT SHALL BE INSTALLED IN EVERY COVERED VEHICLE AT THE
 POINT OF SUCH VEHICLE'S REGISTRATION, REREGISTRATION, OR RENEWAL  PURSU-
 ANT  TO  SECTION  FOUR  HUNDRED  ONE OF THE VEHICLE AND TRAFFIC LAW. THE
 ON-BOARD UNIT SHALL TRANSMIT TO THE DEPARTMENT  THE  NUMBER  OF  VEHICLE
 MILES TRAVELED ON PUBLIC HIGHWAYS ON A REGULAR BASIS FOR THE PURPOSES OF
 CALCULATING  THE  AMOUNT  OF  HIGHWAY  USE  TAX OWED BY THE OWNER OF THE
 COVERED VEHICLE.
   2. OWNERS OF A COVERED VEHICLE UNDER THIS ARTICLE SHALL BE REQUIRED TO
 FILE A RETURN FOR THE HIGHWAY USE TAX NO LESS THAN FOUR TIMES THROUGHOUT
 THE YEAR, ON OR BEFORE THE LAST DAY OF THE CALENDAR MONTH FOLLOWING EACH
 OF THE CALENDAR QUARTERS: JANUARY THROUGH  MARCH,  APRIL  THROUGH  JUNE,
 JULY THROUGH SEPTEMBER, AND OCTOBER THROUGH DECEMBER, PROVIDED, HOWEVER,
 THAT  OWNERS  MAY FILE SUCH RETURNS ON A MORE FREQUENT BASIS THROUGH THE
 CREATION OF A PREPAID ACCOUNT OR ANY  OTHER  METHOD  PRESCRIBED  BY  THE
 COMMISSIONER.
   § 533. DATA  PRIVACY. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO
 ENSURE THE PRIVACY AND INTEGRITY OF  ALL  DATA  COLLECTED  FROM  COVERED
 VEHICLES AND VEHICLE OWNERS UNDER THIS ARTICLE, PROVIDED THAT:
   1. THE ON-BOARD UNITS, AS DEFINED IN THIS ARTICLE, SHALL BE PROGRAMMED
 TO  TRACK MILEAGE ON PUBLIC HIGHWAYS IN THIS STATE USING A GPS SYSTEM OR
 OTHER COMPARABLE TECHNOLOGY, BUT SHALL NOT REPORT EXACT LOCATION COORDI-
 NATES, TIMES OF TRAVEL, TRIP DATA, OR ANY OTHER  GEOGRAPHIC  INFORMATION
 ABOUT  THE  USE  OF  A  COVERED VEHICLE TO THE DEPARTMENT. SUCH ON-BOARD
 UNITS SHALL REPORT MILEAGE AS AN AGGREGATE NUMBER FOR A GIVEN TIME PERI-
 OD AS PRESCRIBED BY THE COMMISSIONER.
   2. THE DEPARTMENT SHALL BE SUBJECT  TO  THE  REQUIREMENTS  OF  ARTICLE
 SIX-A  OF  THE  PUBLIC  OFFICERS  LAW  WHEN  IMPLEMENTING  ANY  AND  ALL
 PROVISIONS OF THIS ARTICLE.
   § 534. REIMBURSEMENTS FOR GAS TAX. THE  COMMISSIONER  SHALL  CREATE  A
 SYSTEM  BY  WHICH  THE OWNER OF A COVERED VEHICLE MAY, ELECTRONICALLY OR
 OTHERWISE, SUBMIT A RECORD OF PAYMENT FOR MOTOR FUEL IN THIS STATE. SUCH
 COMMISSIONER SHALL THEN DETERMINE THE PORTION OF SUCH PAYMENT  ATTRIBUT-
 ABLE  TO  THE FUEL TAXES DESCRIBED IN THIS CHAPTER WHICH ARE LEVIED UPON
 S. 9375                             3
 
 THE PURCHASE OF SUCH MOTOR FUEL AND SHALL APPLY SUCH PORTION AS A CREDIT
 AGAINST THE AMOUNT OF HIGHWAY USE TAX OWED, PROVIDED, HOWEVER,  THAT  IF
 THE  AMOUNT OF THE CREDIT SHALL EXCEED THE AMOUNT OF TAX OWED, NO REFUND
 SHALL BE ISSUED THEREOF.
   § 535. PENALTIES,  INTEREST, AND TAX FRAUD ACTS. 1. ANY PERSON FAILING
 TO FILE A RETURN OR TO PAY ANY TAX WITHIN THE TIME REQUIRED BY OR PURSU-
 ANT TO THIS ARTICLE SHALL BE SUBJECT  TO  THE  PENALTIES  PRESCRIBED  IN
 SECTION  FIVE  HUNDRED  TWELVE OF THIS CHAPTER, EXCEPTING, HOWEVER, SUCH
 FAILURES WHICH ARE DUE TO REASONABLE CAUSE AND NOT  WILLFUL  NEGLECT  AS
 DETERMINED BY THE COMMISSIONER AND DESCRIBED IN SUCH SECTION.
   2.  ANY  PERSON  COMMITTING  A  TAX  FRAUD ACT SHALL BE SUBJECT TO THE
 PENALTIES PRESCRIBED IN SECTIONS EIGHTEEN HUNDRED ONE, EIGHTEEN  HUNDRED
 TWO,  EIGHTEEN  HUNDRED  THREE,  EIGHTEEN HUNDRED FOUR, EIGHTEEN HUNDRED
 FIVE, EIGHTEEN HUNDRED SIX AND EIGHTEEN HUNDRED SEVEN OF  THIS  CHAPTER.
 "TAX  FRAUD  ACT"  AS  USED IN THIS SUBDIVISION SHALL INCLUDE ANY INTEN-
 TIONAL FRUSTRATION OF THE PROVISIONS OF THIS ARTICLE INCLUDING, BUT  NOT
 LIMITED TO, TAMPERING WITH, REPLACING, OR DISCONNECTING AN ON-BOARD UNIT
 WITH THE INTENT TO DEFRAUD.
   § 536. DISPOSITION  OF  REVENUES.  ALL TAXES, INTEREST, PENALTIES, AND
 FEES COLLECTED OR RECEIVED PURSUANT TO THIS ARTICLE SHALL  BE  DEPOSITED
 DAILY  IN  ONE  ACCOUNT  WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES, OR
 TRUST COMPANIES AS MAY BE DESIGNATED BY  THE  COMPTROLLER,  AND  TO  THE
 CREDIT OF THE COMPTROLLER ON ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE
 TRUST  FUND  ESTABLISHED  PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE
 FINANCE LAW. SUCH AN ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE  OF  SUCH
 DEPOSITORIES AND SUCH DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM ALL
 OTHER MONEYS IN THE POSSESSION OF THE COMPTROLLER. THE COMPTROLLER SHALL
 REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITORIES.
   § 537. ANNUAL  REPORT. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE
 OF THIS SECTION, AND EACH YEAR THEREAFTER, THE COMMISSIONER SHALL DELIV-
 ER AN ANNUAL REPORT TO THE LEGISLATURE CONTAINING:
   1. RECOMMENDED CHANGES, IF ANY, TO THE TAX RATE ESTABLISHED IN  SUBDI-
 VISION TWO OF SECTION FIVE HUNDRED THIRTY-ONE OF THIS ARTICLE;
   2.  RECOMMENDED  CHANGES, IF ANY, TO THE MILES PER GALLON OR MILES PER
 GALLON EQUIVALENT THRESHOLD FOR COVERED VEHICLES TO WHICH  THIS  ARTICLE
 APPLIES;
   3.  THE  TOTAL  NUMBER  OF  COVERED  VEHICLES  IN THIS STATE WHICH ARE
 SUBJECT TO THE PROVISIONS OF THIS ARTICLE;
   4. THE TOTAL AMOUNT OF MILEAGE RECORDED AND REPORTED FOR  PURPOSES  OF
 THIS ARTICLE ON PUBLIC HIGHWAYS IN THIS STATE; AND
   5. THE TOTAL AMOUNT OF ANNUAL REVENUES COLLECTED UNDER THIS ARTICLE.
   § 2. Subparagraph (a) of paragraph 1 of subdivision (c) of section 301
 of the vehicle and traffic law, as amended by chapter 444 of the laws of
 2016, is amended to read as follows:
   (a)  A  safety  inspection  shall  be made with respect to the brakes;
 steering mechanism; wheel alignment; lights, including but  not  limited
 to the lights which are designed and placed on a vehicle for the purpose
 of  illuminating  the vehicle's license plates; odometer; tire pressure;
 seat safety belts; shoulder harness safety belts; any  window  which  is
 composed  of,  covered by or treated with any material which has a light
 transmittance of less than seventy percent  pursuant  to  section  three
 hundred  seventy-five  of this title, AN ON-BOARD UNIT FOR COVERED VEHI-
 CLES, AS SUCH TERMS ARE DEFINED IN SECTION FIVE HUNDRED  THIRTY  OF  THE
 TAX  LAW, and such other mechanisms and equipment as shall be determined
 by the commissioner to be necessary for proper and safe operations. Such
 inspection shall also be made with  respect  to  vehicle  identification
 S. 9375                             4
 
 number.  Upon inspection, the mileage appearing on the odometer shall be
 recorded upon the inspection sticker. FOR COVERED VEHICLES,  AS  DEFINED
 IN  SECTION FIVE HUNDRED THIRTY OF THE TAX LAW, BOTH THE MILEAGE APPEAR-
 ING  ON  THE ODOMETER AND THE MILEAGE RECORDED BY AN ON-BOARD UNIT SHALL
 BE RECORDED AND TRANSMITTED TO THE COMMISSIONER, IN A  MANNER  AND  FORM
 PRESCRIBED BY THE COMMISSIONER.
   § 3. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 55 to read as follows:
   55.  EVERY  COVERED MOTOR VEHICLE SUBJECT TO THE PROVISIONS OF ARTICLE
 TWENTY-ONE-B OF THE TAX LAW REGISTERED IN THIS STATE SHALL  BE  EQUIPPED
 WITH  AN ON-BOARD UNIT, AS DEFINED IN SECTION FIVE HUNDRED THIRTY OF THE
 TAX LAW. SUCH ON-BOARD UNIT SHALL BE  PROGRAMMED  TO  TRACK  MILEAGE  ON
 PUBLIC  HIGHWAYS  IN  THIS  STATE USING A GPS SYSTEM OR OTHER COMPARABLE
 TECHNOLOGY, BUT SHALL NOT REPORT EXACT LOCATION  COORDINATES,  TIMES  OF
 TRAVEL,  TRIP DATA, OR ANY OTHER GEOGRAPHIC INFORMATION ABOUT THE USE OF
 A COVERED VEHICLE TO THE TAX DEPARTMENT.
   § 4. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance law, as amended by section 4 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
 fifteen,  FIVE  HUNDRED THIRTY-SIX and eleven hundred sixty-seven of the
 tax law, section four hundred one and article twelve-d  of  the  vehicle
 and traffic law, and section thirty-one of chapter fifty-six of the laws
 of  nineteen  hundred  ninety-three,  (ii)  all fees, fines or penalties
 collected by the commissioner of transportation and the commissioner  of
 motor  vehicles  pursuant  to  section  fifty-two, section three hundred
 twenty-six, section eighty-eight of the highway law, subdivision fifteen
 of section three hundred eighty-five of the  vehicle  and  traffic  law,
 section  two of part U1 of chapter sixty-two of the laws of two thousand
 three, subdivision (d) of section three hundred four-a, paragraph one of
 subdivision (a) and subdivision  (d)  of  section  three  hundred  five,
 subdivision six-a of section four hundred fifteen and subdivision (g) of
 section  twenty-one  hundred twenty-five of the vehicle and traffic law,
 section fifteen of this chapter, excepting  moneys  deposited  with  the
 state  on account of betterments performed pursuant to subdivision twen-
 ty-seven or subdivision thirty-five of section ten of the  highway  law,
 and  section one hundred forty-five of the transportation law, (iii) any
 moneys collected  by  the  department  of  transportation  for  services
 provided  pursuant to agreements entered into in accordance with section
 ninety-nine-r of the general municipal law, and (iv)  any  other  moneys
 collected  therefor  or  credited  or transferred thereto from any other
 fund, account or source.
   § 5. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance law, as amended by section 5 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 eighty-nine-e, three hundred one-j, five hundred fifteen,  FIVE  HUNDRED
 THIRTY-SIX  and  eleven hundred sixty-seven of the tax law, section four
 hundred one and article twelve-d of the vehicle  and  traffic  law,  and
 section  thirty-one of chapter fifty-six of the laws of nineteen hundred
 ninety-three, (ii) all fees, fines or penalties collected by the commis-
 S. 9375                             5
 
 sioner of transportation and the commissioner of motor vehicles pursuant
 to section fifty-two, section three hundred twenty-six, section  eighty-
 eight  of  the highway law, subdivision fifteen of section three hundred
 eighty-five  of  the  vehicle  and  traffic law, section fifteen of this
 chapter, excepting moneys deposited with the state on account of better-
 ments performed pursuant  to  subdivision  twenty-seven  or  subdivision
 thirty-five  of  section ten of the highway law, and section one hundred
 forty-five of the transportation law, (iii) any moneys collected by  the
 department  of  transportation  for services provided pursuant to agree-
 ments entered into in  accordance  with  section  ninety-nine-r  of  the
 general  municipal  law, and (iv) any other moneys collected therefor or
 credited or transferred thereto from any other fund, account or source.
   § 6. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance  law,  as  amended  by section 8 of part UU of chapter 59 of the
 laws of 2018, is REPEALED.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law and shall apply to all covered vehicles registered or
 reregistered on or after such effective date;  provided,  however,  that
 the  amendments to paragraph (a) of subdivision 3 of section 89-b of the
 state finance law, made by section four of this act, shall be subject to
 the expiration and reversion of such paragraph pursuant to section 6  of
 chapter  368  of  the  laws of 2019, as amended, when upon such date the
 provisions of section five of this  act  shall  take  effect.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.

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Senate Bill S9375

Sponsored By

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

2023-S9375 (ACTIVE) - Details

2023-S9375 (ACTIVE) - Summary

2023-S9375 (ACTIVE) - Sponsor Memo

2023-S9375 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9375

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Sponsored By

Andrew Gounardes

Archive: Last Bill Status - In Senate Committee Budget And Revenue Committee

2023-S9375 (ACTIVE) - Details

2023-S9375 (ACTIVE) - Summary

2023-S9375 (ACTIVE) - Sponsor Memo

2023-S9375 (ACTIVE) - Bill Text download pdf

Comments