S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          909
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the state finance law, in relation to  establishing  the
         bridge  and  road investment and dedicated fund guaranteed enforcement
         "BRIDGE" reform act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "bridge and road investment and dedicated fund  guaranteed  enforce-
    3  ment (BRIDGE) reform act".
    4    S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
    5  law,  as  amended  by  section 10 of part C of chapter 57 of the laws of
    6  2014, is amended to read as follows:
    7    a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
    8  following  appropriation  by  the  legislature, be utilized for:  recon-
    9  struction, replacement, reconditioning, restoration, rehabilitation  and
   10  preservation  of  state, county, town, city and village roads, highways,
   11  parkways, and bridges thereon,  to  restore  such  facilities  to  their
   12  intended   functions;   construction,  reconstruction,  enhancement  and
   13  improvement of state, county, town, city, and village  roads,  highways,
   14  parkways, and bridges thereon, to address current and projected capacity
   15  problems  including  costs  for  traffic mitigation activities; aviation
   16  projects authorized pursuant to section fourteen-j of the transportation
   17  law and for payments to the general debt service fund of  amounts  equal
   18  to  amounts  required  for service contract payments related to aviation
   19  projects as provided and authorized by section three hundred  eighty-six
   20  of the public authorities law; programs to assist small and minority and
   21  women-owned  firms  engaged  in  transportation  construction and recon-
   22  struction projects, including  a  revolving  fund  for  working  capital
   23  loans,  and  a  bonding  guarantee assistance program in accordance with
   24  provisions of this chapter; matching federal grants or apportionments to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04672-01-5
       S. 909                              2
    1  the state for highway, parkway and bridge capital projects; the acquisi-
    2  tion of real property and interests therein required or expected  to  be
    3  required in connection with such projects; preventive maintenance activ-
    4  ities  necessary  to  ensure that highways, parkways and bridges meet or
    5  exceed their optimum useful life; [expenses of control of snow  and  ice
    6  on  state highways by the department of transportation including but not
    7  limited to personal services, nonpersonal services and fringe  benefits,
    8  payment  of  emergency aid for control of snow and ice in municipalities
    9  pursuant to section fifty-five of the highway law, expenses  of  control
   10  of  snow and ice on state highways by municipalities pursuant to section
   11  twelve of the highway law, and  for  expenses  of  arterial  maintenance
   12  agreements  with  cities pursuant to section three hundred forty-nine of
   13  the highway law;] personal services, nonpersonal  services,  and  fringe
   14  benefit  costs  of  the  department  of  transportation  for  bus safety
   15  inspection activities, rail  safety  inspection  activities,  and  truck
   16  safety  inspection  activities;  [costs of the department of motor vehi-
   17  cles, including but not limited to personal and  nonpersonal  services;]
   18  costs  of  engineering  and administrative services of the department of
   19  transportation, including  but  not  limited  to  fringe  benefits;  the
   20  contract  services  provided by private firms in accordance with section
   21  fourteen of the transportation law; personal  services  and  nonpersonal
   22  services, for activities including but not limited to the preparation of
   23  designs,  plans,  specifications  and estimates; construction management
   24  and supervision activities; costs of appraisals,  surveys,  testing  and
   25  environmental impact statements for transportation projects; expenses in
   26  connection  with  buildings, equipment, materials and facilities used or
   27  useful in connection with the  maintenance,  operation,  and  repair  of
   28  highways,   parkways   and  bridges  thereon;  and  project  costs  for:
   29  construction, reconstruction, improvement, reconditioning and  preserva-
   30  tion  of rail freight facilities and intercity rail passenger facilities
   31  and equipment; construction, reconstruction, improvement, reconditioning
   32  and  preservation  of  state,  municipal  and  privately  owned   ports;
   33  construction,  reconstruction, improvement, reconditioning and preserva-
   34  tion of municipal airports; privately owned airports and aviation  capi-
   35  tal  facilities, excluding airports operated by the state or operated by
   36  a bi-state municipal corporate instrumentality for which federal funding
   37  is not available provided the project is  consistent  with  an  approved
   38  airport  layout  plan;  and  construction,  reconstruction, enhancement,
   39  improvement, replacement,  reconditioning,  restoration,  rehabilitation
   40  and  preservation  of state, county, town, city and village roads, high-
   41  ways, parkways and bridges; and construction,  reconstruction,  improve-
   42  ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
   43  municipal and privately owned ferry lines for  transportation  purposes,
   44  and  the  payment  of debt service required on any bonds, notes or other
   45  obligations and  related  expenses  for  highway,  parkway,  bridge  and
   46  project  costs  for: construction, reconstruction, improvement, recondi-
   47  tioning and preservation of rail freight facilities and  intercity  rail
   48  passenger   facilities   and  equipment;  construction,  reconstruction,
   49  improvement, reconditioning and preservation  of  state,  municipal  and
   50  privately owned ports; construction, reconstruction, improvement, recon-
   51  ditioning  and  preservation  of  municipal  airports;  privately  owned
   52  airports and aviation capital facilities, excluding airports operated by
   53  the state or operated by a bi-state municipal corporate  instrumentality
   54  for  which  federal  funding  is  not  available provided the project is
   55  consistent with an approved airport layout  plan;  construction,  recon-
   56  struction, enhancement, improvement, replacement, reconditioning, resto-
       S. 909                              3
    1  ration, rehabilitation and preservation of state, county, town, city and
    2  village  roads, highways, parkways and bridges; and construction, recon-
    3  struction, improvement, reconditioning and preservation of  fixed  ferry
    4  facilities  of municipal and privately owned ferry lines for transporta-
    5  tion purposes, purposes authorized on or after  the  effective  date  of
    6  this  section.  Beginning with disbursements made on and after the first
    7  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
    8  be  available  to  pay such costs or expenses made pursuant to appropri-
    9  ations or reappropriations made during the state fiscal year which began
   10  on the first of April, nineteen hundred ninety-two. Beginning the  first
   11  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
   12  also be used for transfers to the general  debt  service  fund  and  the
   13  revenue bond tax fund of amounts equal to that respectively required for
   14  service  contract  and  financing  agreement  payments  as  provided and
   15  authorized by section three hundred eighty  of  the  public  authorities
   16  law,  section eleven of chapter three hundred twenty-nine of the laws of
   17  nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
   18  sixty-nine-o of this chapter.
   19    S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
   20  law,  as  amended  by  section 11 of part C of chapter 57 of the laws of
   21  2014, is amended to read as follows:
   22    a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
   23  following  appropriation  by  the  legislature, be utilized for:  recon-
   24  struction, replacement, reconditioning, restoration, rehabilitation  and
   25  preservation  of  state, county, town, city and village roads, highways,
   26  parkways, and bridges thereon,  to  restore  such  facilities  to  their
   27  intended   functions;   construction,  reconstruction,  enhancement  and
   28  improvement of state, county, town, city, and village  roads,  highways,
   29  parkways, and bridges thereon, to address current and projected capacity
   30  problems  including  costs  for  traffic mitigation activities; aviation
   31  projects authorized pursuant to section fourteen-j of the transportation
   32  law and for payments to the general debt service fund of  amounts  equal
   33  to  amounts  required  for service contract payments related to aviation
   34  projects as provided and authorized by section three hundred  eighty-six
   35  of the public authorities law; programs to assist small and minority and
   36  women-owned  firms  engaged  in  transportation  construction and recon-
   37  struction projects, including  a  revolving  fund  for  working  capital
   38  loans,  and  a  bonding  guarantee assistance program in accordance with
   39  provisions of this chapter; matching federal grants or apportionments to
   40  the state for highway, parkway and bridge capital projects; the acquisi-
   41  tion of real property and interests therein required or expected  to  be
   42  required in connection with such projects; preventive maintenance activ-
   43  ities  necessary  to  ensure that highways, parkways and bridges meet or
   44  exceed their optimum useful life; [expenses of control of snow  and  ice
   45  on  state highways by the department of transportation including but not
   46  limited to personal services, nonpersonal services and fringe  benefits,
   47  payment  of  emergency aid for control of snow and ice in municipalities
   48  pursuant to section fifty-five of the highway law, expenses  of  control
   49  of  snow and ice on state highways by municipalities pursuant to section
   50  twelve of the highway law, and  for  expenses  of  arterial  maintenance
   51  agreements  with  cities pursuant to section three hundred forty-nine of
   52  the highway law;] personal services, nonpersonal  services,  and  fringe
   53  benefit  costs  of  the  department  of  transportation  for  bus safety
   54  inspection activities, rail  safety  inspection  activities,  and  truck
   55  safety  inspection  activities;  costs of engineering and administrative
   56  services of the department of transportation, including but not  limited
       S. 909                              4
    1  to  fringe  benefits; the contract services provided by private firms in
    2  accordance with section fourteen of  the  transportation  law;  personal
    3  services  and  nonpersonal  services,  for  activities including but not
    4  limited  to  the preparation of designs, plans, specifications and esti-
    5  mates; construction management  and  supervision  activities;  costs  of
    6  appraisals,  surveys,  testing  and  environmental impact statements for
    7  transportation projects; expenses in connection with  buildings,  equip-
    8  ment,  materials  and  facilities  used or useful in connection with the
    9  maintenance, operation, and repair of  highways,  parkways  and  bridges
   10  thereon;  and  project costs for: construction, reconstruction, improve-
   11  ment, reconditioning and preservation of  rail  freight  facilities  and
   12  intercity  rail passenger facilities and equipment; construction, recon-
   13  struction, improvement, reconditioning and preservation of state, munic-
   14  ipal and privately owned ports; construction,  reconstruction,  improve-
   15  ment,  reconditioning  and preservation of municipal airports; privately
   16  owned airports and aviation capital facilities, excluding airports oper-
   17  ated by the state or operated by a bi-state municipal corporate  instru-
   18  mentality  for  which  federal  funding  is  not  available provided the
   19  project  is  consistent  with  an  approved  airport  layout  plan;  and
   20  construction,  reconstruction,  enhancement,  improvement,  replacement,
   21  reconditioning, restoration, rehabilitation and preservation  of  state,
   22  county,  town,  city  and village roads, highways, parkways and bridges;
   23  and construction, reconstruction, improvement, reconditioning and  pres-
   24  ervation  of  fixed  ferry  facilities  of municipal and privately owned
   25  ferry lines for transportation purposes, and the payment of debt service
   26  required on any bonds, notes or other obligations and  related  expenses
   27  for highway, parkway, bridge and project costs for: construction, recon-
   28  struction,  improvement, reconditioning and preservation of rail freight
   29  facilities  and  intercity  rail  passenger  facilities  and  equipment;
   30  construction,  reconstruction, improvement, reconditioning and preserva-
   31  tion of state, municipal and privately owned ports; construction, recon-
   32  struction, improvement, reconditioning  and  preservation  of  municipal
   33  airports;  privately  owned  airports  and  aviation capital facilities,
   34  excluding airports operated by the  state  or  operated  by  a  bi-state
   35  municipal  corporate  instrumentality  for  which federal funding is not
   36  available provided the project is consistent with  an  approved  airport
   37  layout  plan;  construction,  reconstruction,  enhancement, improvement,
   38  replacement, reconditioning, restoration, rehabilitation  and  preserva-
   39  tion  of state, county, town, city and village roads, highways, parkways
   40  and bridges; and construction, reconstruction, improvement, recondition-
   41  ing and preservation of fixed ferry facilities of municipal and private-
   42  ly owned ferry lines for transportation purposes, purposes authorized on
   43  or after the effective date of this section.  Beginning  with  disburse-
   44  ments  made  on and after the first day of April, nineteen hundred nine-
   45  ty-three, moneys in such fund shall be available to pay  such  costs  or
   46  expenses made pursuant to appropriations or reappropriations made during
   47  the  state  fiscal  year  which  began  on  the first of April, nineteen
   48  hundred ninety-two. Beginning the first day of April,  nineteen  hundred
   49  ninety-three,  moneys  in  such fund shall also be used for transfers to
   50  the general debt service fund and the revenue bond tax fund  of  amounts
   51  equal  to  that respectively required for service contract and financing
   52  agreement payments as provided and authorized by section  three  hundred
   53  eighty  of  the  public authorities law, section eleven of chapter three
   54  hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
   55  amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
       S. 909                              5
    1    S 4. Subdivision 5 of section 89-b of the state finance law is amended
    2  by adding two new paragraphs d and e to read as follows:
    3    D.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
    4  BY  THE  LEGISLATURE  FOR  EXPENSES  OF CONTROL OF SNOW AND ICE ON STATE
    5  HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT  NOT  LIMITED
    6  TO  PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
    7  OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES  PURSUANT
    8  TO  SECTION  FIFTY-FIVE  OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
    9  AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO  SECTION  TWELVE
   10  OF  THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
   11  WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE  HIGHWAY
   12  LAW SHALL NOT EXCEED:
   13    (I)  $252  MILLION  FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
   14  SEVENTEEN;
   15    (II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
   16  EIGHTEEN;
   17    (III) $126 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND
   18  NINETEEN; AND
   19    (IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND  NINETEEN--TWO  THOUSAND
   20  TWENTY.
   21    (V)  FOR  FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
   22  FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
   23  AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF  SNOW
   24  AND  ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
   25  BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL  SERVICES  AND  FRINGE
   26  BENEFITS,  PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI-
   27  CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY  LAW,  EXPENSES
   28  OF  CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
   29  TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN-
   30  TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED  FORTY-
   31  NINE OF THE HIGHWAY LAW.
   32    E.  MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
   33  BY THE LEGISLATURE FOR  COSTS  OF  THE  DEPARTMENT  OF  MOTOR  VEHICLES,
   34  INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
   35  EXCEED:
   36    (I)  $156  MILLION  FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
   37  SEVENTEEN;
   38    (II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
   39  EIGHTEEN;
   40    (III) $78 MILLION FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO  THOUSAND
   41  NINETEEN; AND
   42    (IV)  $39  MILLION FOR FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND
   43  TWENTY.
   44    (V) FOR FISCAL YEAR TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-ONE  AND
   45  FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
   46  AND  BRIDGE  TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE DEPARTMENT OF
   47  MOTOR VEHICLES, INCLUDING BUT NOT LIMITED TO  PERSONAL  AND  NONPERSONAL
   48  SERVICES.
   49    S  5. This act shall take effect immediately, provided that the amend-
   50  ments to paragraph a of subdivision 5  of  section  89-b  of  the  state
   51  finance  law  made  by  section  two of this act shall be subject to the
   52  expiration and reversion of such paragraph pursuant to section 2 of part
   53  B of chapter 84 of the laws of 2002, as amended, when upon such date the
   54  provisions of section three of this act shall take effect.