S T A T E O F N E W Y O R K
________________________________________________________________________
10113--A
I N A S S E M B L Y
May 6, 2024
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Corporations, Authorities and Commissions -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public authorities law and the tax law, in relation
to establishing the Long Island transportation account
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4, 5, 6 and 7 of section 1270-i of the public
authorities law are renumbered subdivisions 5, 6, 7 and 8 and a new
subdivision 4 is added to read as follows:
4. MONEYS IN THE LONG ISLAND 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 NASSAU AND SUFFOLK, AND ANY PROJECTS IMPROVING TRANS-
PORTATION 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 INCLUD-
ING 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 LONG
ISLAND 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, AS DESIGNATED UNDER THIS SUBDIVISION. FOR
PURPOSES OF SUCH FINAL APPROVALS THE THREE VOTING MEMBERS SHALL BE: THE
MEMBER APPOINTED UPON RECOMMENDATION BY THE TEMPORARY PRESIDENT OF THE
SENATE; THE MEMBER APPOINTED UPON RECOMMENDATION BY THE SPEAKER OF THE
ASSEMBLY; AND THE MEMBER APPOINTED BY THE GOVERNOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15397-04-4
A. 10113--A 2
§ 2. Subdivisions 1, 6 and 7 of section 1270-i of the public authori-
ties law, as added by section 4 of part NNN of chapter 59 of the laws of
2018 and subdivisions 6 and 7 as renumbered by section one of this act,
are amended to read as follows:
1. The authority shall create and establish a fund to be known as the
"New York city transportation assistance fund" which shall be kept sepa-
rate from and shall not be commingled with any other moneys of the
authority. The New York city transportation assistance fund shall
consist of [three] FOUR separate accounts: (i) the "subway action plan
account"; (ii) the "outer borough transportation account"; [and] (iii)
the "general transportation account"; AND (IV) THE "LONG ISLAND TRANS-
PORTATION 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 depos-
its in the outer borough transportation account of FIFTY PERCENT 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, SHALL MAKE DEPOSITS IN THE LONG ISLAND TRANSPOR-
TATION ACCOUNT OF FIFTY PERCENT 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 the vehicle and traffic law.
6. Any revenues deposited in the subway action plan account, the outer
borough transportation account, THE LONG ISLAND 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] FIVE of this
section. Such revenues shall only supplement and shall not supplant any
federal, state, or local funds expended by the metropolitan transporta-
tion authority, such authority's affiliates or subsidiaries for such
respective purposes.
7. 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 subdi-
visions two, three [and], four, AND FIVE of this section.
§ 3. Subdivision (d) of section 1299-H of the tax law, as added by
section 2 of part NNN of chapter 59 of the laws of 2018, is amended to
read as follows:
(d) The amount of revenues so certified that are in excess of the
amounts deposited as provided in subdivision (c) of this section, shall
be paid over by the fifteenth business day of each succeeding month from
such account, without appropriation, FIFTY PERCENT into the outer
borough transportation account AND FIFTY PERCENT INTO THE LONG ISLAND
TRANSPORTATION ACCOUNT of the New York city transportation assistance
fund established pursuant to section twelve hundred seventy-i of the
public authorities law.
§ 4. This act shall take effect immediately.