Section 89-B. Dedicated highway and bridge trust fund
Latest version.
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1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance a special fund to be known as the "dedicated highway and bridge trust fund". 2. The dedicated highway and bridge trust fund shall consist of two accounts: (a) the special obligation reserve and payment account; and (b) the highway and bridge capital account. Moneys in each account shall be kept separate and not commingled with any other moneys in the custody of the comptroller. 3. * (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two and subdivisions five, eight and twelve of section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of the chapter of the laws of two thousand three that amended this paragraph, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. * NB Effective until March 31, 2015 * (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, section four hundred one of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation pursuant to section fifty-two and subdivisions five, eight and twelve of section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. * NB Effective March 31, 2015 (b) Moneys in the special obligation reserve and payment account shall, following appropriation by the legislature, be used to pay amounts due to the New York state thruway authority as dedicated highway and bridge trust fund cooperative agreement payments pursuant to the provisions of dedicated highway and bridge trust fund cooperative agreements entered into between the authority and the department of transportation pursuant to sections ten-e, ten-f, and ten-g of the highway law, the provisions of section three hundred eighty-five of the public authorities law, and pursuant to the provisions of this section. (c) The comptroller is hereby authorized and directed to transfer monthly no later than the last day of each month, any moneys, if any, in excess of the aggregate amounts required to be set aside in order to meet the requirements established in paragraph (d) of this subdivision, to the highway and bridge capital account, provided however that in no event shall such transfers occur unless and until the aggregate of all dedicated highway and bridge trust fund cooperative agreement payments certified to the comptroller for such fiscal year shall have been appropriated in accordance with the provisions of this section. Additionally, in no event shall the comptroller pay over and distribute any revenues of the fund to any person other than the New York state thruway authority if any payment required to be set aside pursuant to paragraph (b) of this subdivision has not been made to the authority on the date by which it was required to have been made pursuant to such schedule; provided, however, that no person, including such authority or the holders of its bonds or notes shall have any lien on such revenues and such agreement shall be executory only to the extent of such revenues available to the state in such fund. (d) Upon receipt by the comptroller of a certificate or certificates from the chairperson of the New York state thruway authority submitted pursuant to section three hundred eighty-five of the public authorities law, that such authority requires a payment or payments, from the dedicated highway and bridge trust fund, the comptroller shall pay from such fund pursuant to an appropriation on or before the fifteenth day of any month preceding the payment as the chairperson thereof may direct in any such certificate, the amount or amounts so certified. The chairperson of such authority shall furnish the commissioner of taxation and finance with copies of such certificates. In order to set aside the moneys necessary to meet the amounts required on the payment date or dates herein, the comptroller shall comply with the provisions of this subdivision. (e) Except for the purpose of meeting a dedicated highway and bridge trust fund cooperative agreement payment required pursuant to section three hundred eighty-five of the public authorities law that is due on a monthly basis or more frequently, prior to transferring any moneys from the account pursuant to paragraph (c) of this subdivision, the comptroller shall set aside on a monthly basis all revenues deposited pursuant to this subdivision as received until the amount set aside is equal to, twenty percent of the interest due on such obligations on the next succeeding interest payment date multiplied by the number of months from the date of the last such payment and ten percent of the next principal installment due on such obligations multiplied by the number of months from the date of the last such principal installment where principal is due on an annual basis or twenty percent of the next principal installment due on such obligations multiplied by the number of months from the date of the last such principal installment where principal is due on a semiannual basis. For the purpose of meeting a required dedicated highway and bridge trust fund cooperative agreement payment that is due on a monthly basis or more frequently, the comptroller shall set aside all revenues deposited pursuant to subdivision two of this section as received until the amount so set aside is, in the reasonable judgment of the comptroller, sufficient to pay the required highway and bridge trust fund cooperative agreement payment on or before such payment date. In no event shall the comptroller be held liable for the failure to set aside an amount sufficient to pay the required dedicated highway and bridge trust fund cooperative agreement payment to the authority. (f) In the event that the amount set aside by the comptroller pursuant to paragraph (e) of this subdivision is not sufficient to meet the dedicated highway and bridge trust fund cooperative agreement payments required pursuant to a certificate or certificates submitted by the chairperson pursuant to subdivision two of section three hundred eighty-five of the public authorities law, the comptroller shall immediately transfer first from the highway and bridge capital account, and then, if necessary, from the general fund to the special obligation reserve and payment account, an amount which, when combined with the amount set aside pursuant to paragraph (e) of this subdivision, shall be sufficient to make the dedicated highway and bridge trust fund cooperative agreement payments required pursuant to such certificate or certificates. Following such an event, the comptroller shall, immediately set aside the amounts required pursuant to paragraph (e) of this subdivision, set aside and pay the next moneys received by the special obligation reserve and payment account to reimburse the general fund for moneys which were transferred to the special obligation reserve and payment account pursuant to this paragraph. Such amounts shall be set aside until the full amount of moneys transferred from the general fund shall have been set aside and any such moneys set aside shall be transferred to the general fund no later than the last day of each month. 4. The highway and bridge capital account shall consist of all moneys transferred from the special obligation reserve and payment account and any other moneys credited or transferred thereto from any other fund, account or source. 5. * a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: reconstruction, 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 reconstruction 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 acquisition of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activities 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 and fringe benefit costs of the department of transportation for bus 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 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 estimates; construction management and supervision activities; costs of appraisals, surveys, testing and environmental 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 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, 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; 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 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, reconditioning 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, 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 preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transportation 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 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 payments to the general debt service fund of amounts equal to amounts required for service contract payments as provided and authorized by section three hundred eighty of the public authorities law and by section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended. * NB Effective until March 31, 2015 * a. Moneys in the dedicated highway and bridge trust fund shall, following appropriation by the legislature, be utilized for: reconstruction, 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 reconstruction 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 acquisition of real property and interests therein required or expected to be required in connection with such projects; preventive maintenance activities 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 and fringe benefit costs of the department of transportation for bus 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 estimates; construction management and supervision activities; costs of appraisals, surveys, testing and environmental 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 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, 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; 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 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, reconditioning 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, 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 preservation of state, county, town, city and village roads, highways, parkways and bridges; and construction, reconstruction, improvement, reconditioning and preservation of fixed ferry facilities of municipal and privately owned ferry lines for transportation 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 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 payments to the general debt service fund of amounts equal to amounts required for service contract payments as provided and authorized by section three hundred eighty of the public authorities law and by section eleven of chapter three hundred twenty-nine of the laws of nineteen hundred ninety-one, as amended. * NB Effective March 31, 2015 b. Subject to appropriation therefor and subject to subdivision four of this section, beginning the first day of April, nineteen hundred ninety-three, an amount of moneys in the dedicated highway and bridge trust fund, together with any other moneys legally available therefor, which is equivalent to the amount that was historically appropriated from state sources, other than proceeds from the accelerated capacity and transportation improvements of the nineties bond act, for highway, parkway and bridge purposes as enumerated in paragraph a of this subdivision shall be used to fund highway, parkway and bridge expenditures that were historically appropriated from state sources, other than proceeds from the accelerated capacity and transportation improvements of the nineties bond act, for the purposes enumerated in paragraph a of this subdivision. 6. All payments of moneys from the dedicated highway and bridge trust fund shall be made on audit and warrant of the comptroller. Not later than twenty days after the end of each calendar quarter, the comptroller shall submit to the director of the budget and the chairpersons of the fiscal committees of the legislature a report showing the amount of receipts identified as bond proceeds and the amounts, separately identified, received from taxes, fees, transfers, or other sources, and the amounts disbursed from the dedicated highway and bridge trust fund for state operations, capital projects and transfers to other funds. 7. There shall be a comprehensive financial report and plan for the dedicated highway and bridge trust fund. The governor shall annually submit such plan to the legislature and the comptroller in accordance with paragraph (e) of subdivision three of section twenty-two-c of this chapter. 8. The state comptroller shall at the commencement of each month certify to the director of the budget, the chairpersons of the senate finance and assembly ways and means committees, the commissioner of transportation, and the chairman of the thruway authority the amount disbursed from the dedicated highway and bridge trust fund in the preceding month, the amounts reimbursed by the thruway authority, the revenues received in the fund, and the unreimbursed disbursements, in accordance with section ten-e of the highway law. 9. Not later than sixty days after the end of the state fiscal year, the department of transportation shall provide to the state comptroller, the chairpersons of the senate finance and assembly ways and means committees and the division of the budget, a detailed description of each capital project let during the completed prior year that is funded fully or partially from the dedicated highway and bridge trust fund. Such description shall include a project identification number, a description of the project in less than thirty words, the work type, the estimated total cost of the project and the probable life of each such project. 10. Not later than March first of each state fiscal year, the department of transportation shall provide to the state comptroller, the chairpersons of the senate finance and assembly ways and means committees and the division of the budget, a detailed description of each capital project anticipated or available to be let in the next fiscal year that is planned to be funded fully or partially from the dedicated highway and bridge trust fund. Such description shall include a project identification number, a description of the project in less than thirty words, the work type, the estimated total cost of the project and the probable life of each such project. 11. The department of transportation shall provide to the state comptroller and the chairpersons of the senate finance and assembly ways and means committees, not later than fourteen days subsequent to reimbursement from bond proceeds to the dedicated highway and bridge trust fund, a cooperative agreement schedule of all projects so reimbursed. Such schedule shall include, but not be limited to, an identifying project number, the work type, project description, county, total cost, percentage of federal funding, letting date, scheduled completion date, life to date dedicated highway and bridge trust fund disbursements, prior amount of thruway authority bond proceeds reimbursement, the amount of the current reimbursement, and the probable life of each such project.