S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5790
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2021
                                ___________
 
 Introduced by M. of A. PALMESANO, BARCLAY, BLANKENBUSH, BRABENEC, BYRNE,
   DeSTEFANO,  J. M. GIGLIO,  RA,  MONTESANO, MORINELLO, NORRIS, SCHMITT,
   SMULLEN,  DiPIETRO,  FRIEND,  MANKTELOW,  B. MILLER,  WALSH,  WALCZYK,
   TAGUE, McDONOUGH, REILLY, ABINANTI, HAWLEY -- Multi-Sponsored by -- M.
   of A.  BYRNES, COOK -- read once and referred to the Committee on Ways
   and Means
 
 AN  ACT  to amend the state finance law, in relation to establishing the
   dedicated highway and bridge trust fund reform act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "dedicated highway and bridge trust fund reform act".
   § 2. Paragraph a of subdivision 5 of section 89-b of the state finance
 law, as amended by section 10 of part C of chapter 57  of  the  laws  of
 2014, is amended to read as follows:
   a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
 following appropriation by the legislature, be  utilized  for:    recon-
 struction,  replacement, reconditioning, restoration, rehabilitation and
 preservation of state, county, town, city and village  roads,  highways,
 parkways,  and  bridges  thereon,  to  restore  such facilities to their
 intended  functions;  construction,  reconstruction,   enhancement   and
 improvement  of  state, county, town, city, and village roads, highways,
 parkways, and bridges thereon, to address current and projected capacity
 problems including costs for  traffic  mitigation  activities;  aviation
 projects authorized pursuant to section fourteen-j of the transportation
 law  and  for payments to the general debt service fund of amounts equal
 to amounts required for service contract payments  related  to  aviation
 projects  as provided and authorized by section three hundred eighty-six
 of the public authorities law; programs to assist small and minority and
 women-owned firms engaged  in  transportation  construction  and  recon-
 struction  projects,  including  a  revolving  fund  for working capital

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

                                                            LBD08097-01-1

 A. 5790                             2
 
 loans, and a bonding guarantee assistance  program  in  accordance  with
 provisions of this chapter; matching federal grants or apportionments to
 the state for highway, parkway and bridge capital projects; the acquisi-
 tion  of  real property and interests therein required or expected to be
 required in connection with such projects; preventive maintenance activ-
 ities necessary to ensure that highways, parkways and  bridges  meet  or
 exceed  their  optimum useful life; [expenses of control of snow and ice
 on state highways by the department of transportation including but  not
 limited  to personal services, nonpersonal services and fringe benefits,
 payment of emergency aid for control of snow and ice  in  municipalities
 pursuant  to  section fifty-five of the highway law, expenses of control
 of snow and ice on state highways by municipalities pursuant to  section
 twelve  of  the  highway  law,  and for expenses of arterial maintenance
 agreements with cities pursuant to section three hundred  forty-nine  of
 the  highway  law;  personal  services, nonpersonal services, and fringe
 benefit costs  of  the  department  of  transportation  for  bus  safety
 inspection  activities,  rail  safety  inspection  activities, and truck
 safety inspection activities; costs of the department of motor vehicles,
 including but not limited to personal and nonpersonal  services;]  costs
 of  engineering  and administrative services of the department of trans-
 portation, including but not limited to fringe  benefits;  the  contract
 services  provided  by private firms in accordance with section fourteen
 of the transportation law; personal services and  nonpersonal  services,
 for  activities including but not limited to the preparation of designs,
 plans, specifications and estimates; construction management and  super-
 vision  activities;  costs  of appraisals, surveys, testing and environ-
 mental  impact  statements  for  transportation  projects;  expenses  in
 connection  with  buildings, equipment, materials and facilities used or
 useful in connection with the  maintenance,  operation,  and  repair  of
 highways,   parkways   and  bridges  thereon;  and  project  costs  for:
 construction, reconstruction, improvement, reconditioning and  preserva-
 tion  of rail freight facilities and intercity rail passenger facilities
 and equipment; construction, reconstruction, improvement, reconditioning
 and  preservation  of  state,  municipal  and  privately  owned   ports;
 construction,  reconstruction, improvement, reconditioning and preserva-
 tion of municipal airports; privately owned airports and aviation  capi-
 tal  facilities, excluding airports operated by the state or operated by
 a bi-state municipal corporate instrumentality for which federal funding
 is not available provided the project is  consistent  with  an  approved
 airport  layout  plan;  and  construction,  reconstruction, enhancement,
 improvement, replacement,  reconditioning,  restoration,  rehabilitation
 and  preservation  of state, county, town, city and village roads, high-
 ways, parkways and bridges; and construction,  reconstruction,  improve-
 ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
 municipal and privately owned ferry lines for  transportation  purposes,
 and  the  payment  of debt service required on any bonds, notes or other
 obligations and  related  expenses  for  highway,  parkway,  bridge  and
 project  costs  for: construction, reconstruction, improvement, recondi-
 tioning and preservation of rail freight facilities and  intercity  rail
 passenger   facilities   and  equipment;  construction,  reconstruction,
 improvement, reconditioning and preservation  of  state,  municipal  and
 privately owned ports; construction, reconstruction, improvement, recon-
 ditioning  and  preservation  of  municipal  airports;  privately  owned
 airports and aviation capital facilities, excluding airports operated by
 the state or operated by a bi-state municipal corporate  instrumentality
 for  which  federal  funding  is  not  available provided the project is

 A. 5790                             3
 
 consistent with an approved airport layout  plan;  construction,  recon-
 struction, enhancement, improvement, replacement, reconditioning, resto-
 ration, rehabilitation and preservation of state, county, town, city and
 village  roads, highways, parkways and bridges; and construction, recon-
 struction, improvement, reconditioning and preservation of  fixed  ferry
 facilities  of municipal and privately owned ferry lines for transporta-
 tion purposes, purposes authorized on or after  the  effective  date  of
 this  section.  Beginning with disbursements made on and after the first
 day of April, nineteen hundred ninety-three, moneys in such  fund  shall
 be  available  to  pay such costs or expenses made pursuant to appropri-
 ations or reappropriations made during the state fiscal year which began
 on the first of April, nineteen hundred ninety-two. Beginning the  first
 day  of  April, nineteen hundred ninety-three, moneys in such fund shall
 also be used for transfers to the general  debt  service  fund  and  the
 revenue bond tax fund of amounts equal to that respectively required for
 service  contract  and  financing  agreement  payments  as  provided and
 authorized by section three hundred eighty  of  the  public  authorities
 law,  section eleven of chapter three hundred twenty-nine of the laws of
 nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
 sixty-nine-o of this chapter.
   § 3. Paragraph a of subdivision 5 of section 89-b of the state finance
 law,  as  amended  by  section 11 of part C of chapter 57 of the laws of
 2014, is amended to read as follows:
   a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
 following  appropriation  by  the  legislature, be utilized for:  recon-
 struction, replacement, reconditioning, restoration, rehabilitation  and
 preservation  of  state, county, town, city and village roads, highways,
 parkways, and bridges thereon,  to  restore  such  facilities  to  their
 intended   functions;   construction,  reconstruction,  enhancement  and
 improvement of state, county, town, city, and village  roads,  highways,
 parkways, and bridges thereon, to address current and projected capacity
 problems  including  costs  for  traffic mitigation activities; aviation
 projects authorized pursuant to section fourteen-j of the transportation
 law and for payments to the general debt service fund of  amounts  equal
 to  amounts  required  for service contract payments related to aviation
 projects as provided and authorized by section three hundred  eighty-six
 of the public authorities law; programs to assist small and minority and
 women-owned  firms  engaged  in  transportation  construction and recon-
 struction projects, including  a  revolving  fund  for  working  capital
 loans,  and  a  bonding  guarantee assistance program in accordance with
 provisions of this chapter; matching federal grants or apportionments to
 the state for highway, parkway and bridge capital projects; the acquisi-
 tion of real property and interests therein required or expected  to  be
 required in connection with such projects; preventive maintenance activ-
 ities  necessary  to  ensure that highways, parkways and bridges meet or
 exceed their optimum useful life; [expenses of control of snow  and  ice
 on  state highways by the department of transportation including but not
 limited to personal services, nonpersonal services and fringe  benefits,
 payment  of  emergency aid for control of snow and ice in municipalities
 pursuant to section fifty-five of the highway law, expenses  of  control
 of  snow and ice on state highways by municipalities pursuant to section
 twelve of the highway law, and  for  expenses  of  arterial  maintenance
 agreements  with  cities pursuant to section three hundred forty-nine of
 the highway law; personal services,  nonpersonal  services,  and  fringe
 benefit  costs  of  the  department  of  transportation  for  bus safety
 inspection activities, rail  safety  inspection  activities,  and  truck

 A. 5790                             4

 safety  inspection  activities;] costs of engineering and administrative
 services of the department of transportation, including but not  limited
 to  fringe  benefits; the contract services provided by private firms in
 accordance  with  section  fourteen  of the transportation law; personal
 services and nonpersonal services,  for  activities  including  but  not
 limited  to  the preparation of designs, plans, specifications and esti-
 mates; construction management  and  supervision  activities;  costs  of
 appraisals,  surveys,  testing  and  environmental impact statements for
 transportation projects; expenses in connection with  buildings,  equip-
 ment,  materials  and  facilities  used or useful in connection with the
 maintenance, operation, and repair of  highways,  parkways  and  bridges
 thereon;  and  project costs for: construction, reconstruction, improve-
 ment, reconditioning and preservation of  rail  freight  facilities  and
 intercity  rail passenger facilities and equipment; construction, recon-
 struction, improvement, reconditioning and preservation of state, munic-
 ipal and privately owned ports; construction,  reconstruction,  improve-
 ment,  reconditioning  and preservation of municipal airports; privately
 owned airports and aviation capital facilities, excluding airports oper-
 ated by the state or operated by a bi-state municipal corporate  instru-
 mentality  for  which  federal  funding  is  not  available provided the
 project  is  consistent  with  an  approved  airport  layout  plan;  and
 construction,  reconstruction,  enhancement,  improvement,  replacement,
 reconditioning, restoration, rehabilitation and preservation  of  state,
 county,  town,  city  and village roads, highways, parkways and bridges;
 and construction, reconstruction, improvement, reconditioning and  pres-
 ervation  of  fixed  ferry  facilities  of municipal and privately owned
 ferry lines for transportation purposes, and the payment of debt service
 required on any bonds, notes or other obligations and  related  expenses
 for highway, parkway, bridge and project costs for: construction, recon-
 struction,  improvement, reconditioning and preservation of rail freight
 facilities  and  intercity  rail  passenger  facilities  and  equipment;
 construction,  reconstruction, improvement, reconditioning and preserva-
 tion of state, municipal and privately owned ports; construction, recon-
 struction, improvement, reconditioning  and  preservation  of  municipal
 airports;  privately  owned  airports  and  aviation capital facilities,
 excluding airports operated by the  state  or  operated  by  a  bi-state
 municipal  corporate  instrumentality  for  which federal funding is not
 available provided the project is consistent with  an  approved  airport
 layout  plan;  construction,  reconstruction,  enhancement, improvement,
 replacement, reconditioning, restoration, rehabilitation  and  preserva-
 tion  of state, county, town, city and village roads, highways, parkways
 and bridges; and construction, reconstruction, improvement, recondition-
 ing and preservation of fixed ferry facilities of municipal and private-
 ly owned ferry lines for transportation purposes, purposes authorized on
 or after the effective date of this section.  Beginning  with  disburse-
 ments  made  on and after the first day of April, nineteen hundred nine-
 ty-three, moneys in such fund shall be available to pay  such  costs  or
 expenses made pursuant to appropriations or reappropriations made during
 the  state  fiscal  year  which  began  on  the first of April, nineteen
 hundred ninety-two. Beginning the first day of April,  nineteen  hundred
 ninety-three,  moneys  in  such fund shall also be used for transfers to
 the general debt service fund and the revenue bond tax fund  of  amounts
 equal  to  that respectively required for service contract and financing
 agreement payments as provided and authorized by section  three  hundred
 eighty  of  the  public authorities law, section eleven of chapter three

 A. 5790                             5

 hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
 amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph a of subdivision 5 of section  89-b  of  the
 state  finance  law  made by section two of this act shall be subject to
 the expiration and reversion of such paragraph pursuant to section 2  of
 part  B  of  chapter  84 of the laws of 2002, as amended, when upon such
 date the provisions of section three of this act shall take effect.