STATE OF NEW YORK ________________________________________________________________________ 6366 2025-2026 Regular Sessions IN ASSEMBLY March 4, 2025 ___________ Introduced by M. of A. PALMESANO, BARCLAY, RA, BLANKENBUSH, BRABENEC, DeSTEFANO, DiPIETRO, FRIEND, MANKTELOW, McDONOUGH, MILLER, MORINELLO, REILLY, SMULLEN, TAGUE, WALSH -- read once and referred to the Commit- tee 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "dedicated highway and bridge trust fund reform act". 3 § 2. Paragraph a of subdivision 5 of section 89-b of the state finance 4 law, as amended by section 10 of part C of chapter 57 of the laws of 5 2014, is amended to read as follows: 6 a. Moneys in the dedicated highway and bridge trust fund shall, 7 following appropriation by the legislature, be utilized for: recon- 8 struction, replacement, reconditioning, restoration, rehabilitation and 9 preservation of state, county, town, city and village roads, highways, 10 parkways, and bridges thereon, to restore such facilities to their 11 intended functions; construction, reconstruction, enhancement and 12 improvement of state, county, town, city, and village roads, highways, 13 parkways, and bridges thereon, to address current and projected capacity 14 problems including costs for traffic mitigation activities; aviation 15 projects authorized pursuant to section fourteen-j of the transportation 16 law and for payments to the general debt service fund of amounts equal 17 to amounts required for service contract payments related to aviation 18 projects as provided and authorized by section three hundred eighty-six 19 of the public authorities law; programs to assist small and minority and 20 women-owned firms engaged in transportation construction and recon- 21 struction projects, including a revolving fund for working capital 22 loans, and a bonding guarantee assistance program in accordance with 23 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. LBD03727-01-5
A. 6366 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 vehicles, 17 including but not limited to personal and nonpersonal services;] costs 18 of engineering and administrative services of the department of trans- 19 portation, including but not limited to fringe benefits; the contract 20 services provided by private firms in accordance with section fourteen 21 of the transportation law; personal services and nonpersonal services, 22 for activities including but not limited to the preparation of designs, 23 plans, specifications and estimates; construction management and super- 24 vision activities; costs of appraisals, surveys, testing and environ- 25 mental 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-
A. 6366 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 § 3. Paragraph a of subdivision 5 of section 89-b of the state finance 20 law, as amended by section 52 of part JJJ of chapter 59 of the laws of 21 2021, 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 the department of motor vehicles, 56 including but not limited to personal and nonpersonal services;] costs
A. 6366 4 1 of engineering and administrative services of the department of trans- 2 portation, including but not limited to fringe benefits; the contract 3 services provided by private firms in accordance with section fourteen 4 of the transportation law; personal services and nonpersonal services, 5 for activities including but not limited to the preparation of designs, 6 plans, specifications and estimates; construction management and super- 7 vision activities; costs of appraisals, surveys, testing and environ- 8 mental impact statements for transportation projects; expenses in 9 connection with buildings, equipment, materials and facilities used or 10 useful in connection with the maintenance, operation, and repair of 11 highways, parkways and bridges thereon; and project costs for: 12 construction, reconstruction, improvement, reconditioning and preserva- 13 tion of rail freight facilities and intercity rail passenger facilities 14 and equipment; construction, reconstruction, improvement, reconditioning 15 and preservation of state, municipal and privately owned ports; 16 construction, reconstruction, improvement, reconditioning and preserva- 17 tion of municipal airports; privately owned airports and aviation capi- 18 tal facilities, excluding airports operated by the state or operated by 19 a bi-state municipal corporate instrumentality for which federal funding 20 is not available provided the project is consistent with an approved 21 airport layout plan; and construction, reconstruction, enhancement, 22 improvement, replacement, reconditioning, restoration, rehabilitation 23 and preservation of state, county, town, city and village roads, high- 24 ways, parkways and bridges; and construction, reconstruction, improve- 25 ment, reconditioning and preservation of fixed ferry facilities of 26 municipal and privately owned ferry lines for transportation purposes, 27 and the payment of debt service required on any bonds, notes or other 28 obligations and related expenses for highway, parkway, bridge and 29 project costs for: construction, reconstruction, improvement, recondi- 30 tioning and preservation of rail freight facilities and intercity rail 31 passenger facilities and equipment; construction, reconstruction, 32 improvement, reconditioning and preservation of state, municipal and 33 privately owned ports; construction, reconstruction, improvement, recon- 34 ditioning and preservation of municipal airports; privately owned 35 airports and aviation capital facilities, excluding airports operated by 36 the state or operated by a bi-state municipal corporate instrumentality 37 for which federal funding is not available provided the project is 38 consistent with an approved airport layout plan; construction, recon- 39 struction, enhancement, improvement, replacement, reconditioning, resto- 40 ration, rehabilitation and preservation of state, county, town, city and 41 village roads, highways, parkways and bridges; and construction, recon- 42 struction, improvement, reconditioning and preservation of fixed ferry 43 facilities of municipal and privately owned ferry lines for transporta- 44 tion purposes, purposes authorized on or after the effective date of 45 this section. Beginning with disbursements made on and after the first 46 day of April, nineteen hundred ninety-three, moneys in such fund shall 47 be available to pay such costs or expenses made pursuant to appropri- 48 ations or reappropriations made during the state fiscal year which began 49 on the first of April, nineteen hundred ninety-two. Beginning the first 50 day of April, nineteen hundred ninety-three, moneys in such fund shall 51 also be used for transfers to the general debt service fund and the 52 general fund of amounts equal to that respectively required for service 53 contract and financing agreement payments as provided and authorized by 54 section three hundred eighty of the public authorities law, section 55 eleven of chapter three hundred twenty-nine of the laws of nineteen
A. 6366 5 1 hundred ninety-one, as amended, and sections sixty-eight-c and sixty- 2 nine-o of this chapter. 3 § 4. This act shall take effect immediately; provided, however, that 4 the amendments to paragraph a of subdivision 5 of section 89-b of the 5 state finance law made by section two of this act shall be subject to 6 the expiration and reversion of such paragraph pursuant to section 2 of 7 part B of chapter 84 of the laws of 2002, as amended, when upon such 8 date the provisions of section three of this act shall take effect.