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This entry was published on 2018-04-27
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SECTION 1270-I
New York city transportation assistance fund
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1270-i. New York city transportation assistance fund. 1. The
authority shall create and establish a fund to be known as the "New York
city transportation assistance fund" which shall be kept separate from
and shall not be commingled with any other moneys of the authority. The
New York city transportation assistance fund shall consist of three
separate accounts: (i) the "subway action plan account"; (ii) the "outer
borough transportation account"; and (iii) the "general transportation
account". The authority shall make deposits in the subway action plan
account of the moneys received by it pursuant to the provisions of
subdivision (c) of section twelve hundred ninety-nine-H of the tax law
in accordance with the provisions thereof, shall make deposits in the
outer borough transportation account of the moneys received by it
pursuant to the provisions of subdivision (d) of section twelve hundred
ninety-nine-H of the tax law in accordance with the provisions thereof,
and shall make deposits in the general transportation account of the
moneys received by it pursuant to the provisions of subdivision (e) of
section twelve hundred ninety-nine-H of the tax law in accordance with
the provisions thereof, and pursuant to the provisions of section eleven
hundred eleven-C of vehicle and traffic law.

2. Moneys in the subway action plan account shall be used for the
exclusive purpose of funding the operating and capital costs of the
metropolitan transportation authority's New York city subway action
plan. Such funds may be used for infrastructure including construction,
reconstruction, reconditioning and preservation of transportation
systems, facilities and equipment, acquisition of property, and for
operating costs including personal services, non-personal services,
fringe benefits, and contractual services. Funds may also be used to pay
or to reimburse the authority for its payment of debt service and
reserve requirements on that portion of authority bonds and notes issued
by the authority for capital costs of the metropolitan transportation
authority's New York city subway action plan.

3. Moneys in the outer borough transportation account shall be used
for the exclusive purpose of funding the operating and capital costs of
metropolitan transportation authority facilities, equipment and services
in the counties of Bronx, Kings, Queens and Richmond, and any projects
improving transportation connections from such counties to New York
County. Such funds may be used for infrastructure including
construction, reconstruction, reconditioning and preservation of
transportation systems, facilities and equipment, acquisition of
property, and for operating costs including personal services,
non-personal services, fringe benefits, and contractual services. Funds
may also be used to fund a toll reduction program for any crossings
under the jurisdiction of the metropolitan transportation authority or
its subsidiaries or affiliates. Funds may also be used to pay or to
reimburse the authority for its payment of debt service and reserve
requirements on that portion of authority bonds and notes that have been
issued by the authority specifically for the authorized purpose of this
account. Notwithstanding any law to the contrary, final approval of the
use of any funds paid into the outer borough transportation account
shall be unanimously approved by three members of the Metropolitan
Transportation Authority Capital Program Review Board, established
pursuant to section twelve hundred sixty-nine-a of this title so
designated pursuant to this subdivision. For purposes of such final
approvals the three voting members are: the member appointed upon
recommendation by the temporary president of the senate; the member
appointed upon recommendation of speaker of the assembly; and the member
appointed by the governor.

4. Moneys in the general transportation account shall be used for
funding the operating and capital costs of the metropolitan
transportation authority. Such funds may be used for infrastructure
including construction, reconstruction, reconditioning and preservation
of transportation systems, facilities and equipment, acquisition of
property, and for operating costs including personal services,
non-personal services, fringe benefits, and contractual services. Funds
may also be used to pay or to reimburse the authority for its payment of
debt service and reserve requirements on that portion of authority bonds
and notes that have been issued by the authority specifically for the
purposes of this account.

5. Any revenues deposited in the subway action plan account, the outer
borough transportation account, or the general transportation account
pursuant to subdivision one of this section shall be used exclusively
for the purposes described, respectively, in subdivisions two, three,
and four of this section. Such revenues shall only supplement and shall
not supplant any federal, state, or local funds expended by the
metropolitan transportation authority, such authority's affiliates or
subsidiaries for such respective purposes.

6. Any revenues deposited into the New York city transportation
assistance fund pursuant to subdivision one of this section shall not be
diverted into the general fund of the state, any other fund established
by the chapter of the laws of two thousand eighteen which added this
subdivision, any other fund maintained for the support of any other
governmental purpose, or for any other purpose not authorized by
subdivisions two, three and four of this section.

7. The authority shall report on the receipt and uses of all funds
received by the New York city transportation assistance fund, and in
each of its accounts, to the director of the budget, the temporary
president of the senate, and the speaker of the assembly, on an annual
basis no later than the first day of February.