The New York State Senate today took action on Senator Tom Libous’ BRIDGE (Bridge and Road Investment and Dedicated Fund Guaranteed Enforcement) Reform Act (S.6516).  Libous announced the BRIDGE Reform Act during a press conference in August after the horrific Interstate 35W bridge collapse in Minnesota took the lives of 13 people and injured more than 100 more.

The BRIDGE Reform Act will fix the State’s Dedicated Highway and Bridge Trust Fund (DHBTF) by directing more funding to bridge and road construction and repair.  

“Bridges are a concern everywhere in this State and we have to take serious steps to improve safety,” said Libous, Chair of the Transportation Committee.  “The Tappen Zee Bridge needs work.  The Grand Island Bridges on I-190 in Buffalo need work.  The Dunn Memorial Bridge in Albany needs work.  The Route 7 Bridge over the Susquehanna River in Binghamton in my District needs work. And there are thousands more across the State.”

The DHBTF was created in 1991 to pay for reconstruction, replacement, reconditioning and preservation of new York’s highways and bridges.  Since then, millions of dollars have been siphoned away for other expenses.  More than $750 million from the fund are spent annually on expenses not directly related to its original intent.

The following is the Sponsor’s memo detailing the Act’s provisions:

NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

BILL NUMBER: S6516

SPONSOR: LIBOUS              

TITLE OF BILL: 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

PURPOSE: In light of the 1-35W bridge collapse in Minnesota, this bill will direct funding to needed bridge and road construction and repair. This money will be directed to roads and bridges by ridding the State's Dedicated Highway and Bridge Trust Fund (Dedicated Fund) of expenses not related to roads and bridge construction and repair.

SUMMARY OF PROVISIONS: Section one titles the bill the BRIDGE (Bridge and Road Investment and Dedicated Fund Guaranteed Enforcement) Reform Act

Section two repeals section 1 of part B of Chapter 84 of the Laws of 2002 by forbidding the Dedicated Fund be used to pay for costs of the Department of Motor Vehicles (DMV), including personal and non-personal services.

Section three repeals section 1 of part D of Chapter 151 of the Laws of 2001 by forbidding that the Dedicated Fund be used for snow and ice removal by the Department of Transportation (DOT) and other costs related to that program.

Section four part c creates a schedule by which money from the Dedicated Fund used for snow and ice removal by the DOT will be phased out. The plan calls for a 5 year phase out by cutting the amount for snow and ice removal by approximately 20% each year. After five years, no money from the Dedicated Fund shall be spent on snow and ice removal and related costs by the DOT.

Section four part d creates a schedule by which money from the Dedicated Fund used for DMV expenses will be phased out. The plan calls for a 5 year phase out by cutting the amount for DMV expenses by approximately 20% each year. After five years, no money from the Dedicated Fund shall be spent on DMV expenses and related costs.

Section five states that the act shall take effect immediately.

JUSTIFICATION: When the Dedicated Fund was created in 1991, its purpose was to spend money on reconstruction, replacement, reconditioning and preservation of highways and bridges.

Today, the fund now has dozens of uses and spends more than $750 million annually on expenses not directly related to its original intent, including Department of Motor Vehicles (DMV) Operations and salaries and Snow and Ice Removal.

This legislation is an attempt to create a transparent funding stream for bridge and road investment. Given the tragedy of the I-35W bridge collapse in Minnesota coupled with the fact that 29% of New York State's bridges are rated fair or poor, bridge and road investment needs to be a priority for New York as a matter of public safety.

Sadly, New York has ignored investing in our roads and bridges. In fact, according to a December 2005 report by the State Comptroller, more than half (55%) of the Fund's disbursements went toward capital projects in 1994-1995, but only about a quarter (28%) of disbursements went toward capital projects in 2004-2005.

This legislation attempts to clean up the Dedicated Fund by removing DOT snow and ice removal expenses totaling $563 million and DMV operational expenses totaling $199 million so that this money can be used for the Dedicated Fund's intended purposes.

LEGISLATIVE HISTORY: $20 Million was offloaded from the Fund as part of the 2006 State Budget.

FISCAL IMPLICATIONS: Approximately $762 million and its associated bonding capacity will be made available for road and bridge investment.

EFFECTIVE DATE: This act shall take effect immediately, provided 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 provision of section three of this act shall take effect.

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