S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9286
 
                             I N  S E N A T E
 
                                May 9, 2024
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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.
              

                                                            LBD15397-03-4
 S. 9286                             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.