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2005-2006 NEW YORK STATE EXECUTIVE BUDGET
TRANSPORTATION ARTICLE VII LEGISLATION
MEMORANDUM IN SUPPORT

CONTENTS

Article VII Memo Content
PART DESCRIPTION STARTING PAGE NUMBER FOR:
SUMMARY, HISTORY & STATEMENT IN SUPPORT BUDGET IMPLICATION EFFECTIVE DATE
A Reorganize the Metropolitan Transportation Authority to establish new subsidiary companies that combine like functions, to promote operational and administrative efficiencies. 3 (Part A) 15 (Part A) 17 (Part A)
B Close a loophole that allows improper double recovery for employees injured in certain Metropolitan Transportation Authority facilities. 4 (Part B) 15 (Part B) 18 (Part B)
C Provide the annual and five-year authorizations for CHIPS and Marchiselli programs for the new five-year transportation capital plan. 5 (Part C) 15 (Part C) 18 (Part C)
D Conform the State manual on traffic control devises to Federal standards. 5 (Part D) 16 (Part D) 18 (Part D)
E Extend the State vehicular drug penalty standards and conform the standards to Federal requirements. 6 (Part E) 16 (Part E) 18 (Part E)
F Conform the State commercial driver’s license law to Federal requirements. 7 (Part F) 16 (Part F) 18 (Part F)
G Conform the State vehicular alcohol penalty standards for open container offenses to Federal requirements. 9 (Part G) 16 (Part G) 18 (Part G)
H Increase the Dedicated Highway and Bridge Trust Fund bond cap to support the new five-year transportation capital plan. 10 (Part H) 16 (Part H) 18 (Part H)
I Add Seneca and Orleans counties to the Rochester Genesee Regional Transportation Authority (RFRTA) service district. 10 (Part I) 16 (Part I) 19 (Part I)
J Create a criminal penalty for aggravated loitering in a transportation facility to deter the unauthorized sale of MetroCard swipes in Metropolitan Transportation Authority facilities. 10 (Part J) 17 (Part J) 19 (Part J)
K Increase various Department of Motor Vehicle fees to help fund the new five-year transportation capital plan. 11 (Part K) 17 (Part K) 19 (Part K)
L Authorize the Department of Transportation and the Thruway Authority to utilize a design-build project delivery process for a limited number of capital projects. 13 (Part L) 17 (Part L) 19 (Part L)
M Authorize the Department of Transportation, the Thruway Authority and the Metropolitan Transportation Authority to enter into partnership agreements with public and private entities and to utilize innovative financing techniques to fund transportation facilities in the new five-year transportation capital plan. 14 (Part M) 17 (Part M) 19 (Part M)

MEMORANDUM IN SUPPORT

A BUDGET BILL submitted by the Governor in Accordance with Article VII of the Constitution

AN ACT to amend the public authorities law, the state finance law, the tax law, the executive law, the insurance law, the transportation law, the retirement and social security law, the administrative code of the city of New York, and the social services law, in relation to the metropolitan transportation authority; and repealing certain provisions of the public authorities law and state finance law relating thereto (Part A); to amend the public authorities law, in relation to the ownership status of transit facilities (Part B); to authorize funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli programs for State fiscal year 2005-06; and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the authorization of the state's five-year transportation plan (Part C); to amend the vehicle and traffic law and the general business law, in relation to a manual on uniform traffic control devices, special stops required and flashing signals (Part D); to amend chapter 533 of the laws of 1993, amending the vehicle and traffic law and the correction law relating to the suspension and revocation of driver's licenses upon conviction of certain drug-related offenses, in relation to eliminating repealer and reverter language; and to amend chapter 312 of the laws of 1994, amending the vehicle and traffic law relating to suspensions of licenses pending prosecution of certain alcohol-related charges, and authorizations for probationary and conditional driver's licenses, in relation to eliminating repealer and reverter language (Part E); to amend the vehicle and traffic law and chapter 81 of the laws of 1995, amending the vehicle and traffic law and other laws relating to the enforcement of support through the suspension of driving privileges, in relation to the qualifications and disqualifications of commercial driver's license holders (Part F); to amend the alcoholic beverage control law and the vehicle and traffic law, in relation to open container requirements; and to repeal subdivision 3 of section 1227 of the vehicle and traffic law relating thereto (Part G); to amend the public authorities law, in relation to the value of debt that may be issued on behalf of the state department of transportation (Part H); to amend chapter 413 of the laws of 1999 relating to providing for mass transportation payments, in relation to including Seneca and Orleans counties with those counties receiving payments of mass transportation operating assistance (Part I); to amend the penal law, in relation to aggravated loitering in a transportation facility (Part J); to amend the vehicle and traffic law, chapter 62 of the laws of 2003, amending the general business law and other laws relating to implementing the state fiscal plan for the 2003-2004 state fiscal year, chapter 84 of the laws of 2002, amending the state finance law relating to costs of the department of motor vehicles, and chapter 63 of the laws of 2000, amending the tax law and other laws relating to modifying the distribution of funds from the motor fuel excise tax, in relation to increasing certain motor vehicle transaction fees (Part K); to amend the highway law and the public authorities law, in relation to establishing a department of transportation and a thruway authority pilot program for design-build and providing for the repeal of such provisions upon expiration thereof (Part L); to amend the transportation law and the public authorities law, in relation to a transportation facility development partnership program (Part M)

PURPOSE:

This bill contains provisions needed to implement the Transportation portion of the 2005-06 Executive Budget.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY AND STATEMENT IN SUPPORT:

Part A – Reorganize the Metropolitan Transportation Authority to establish new subsidiary companies that combine like functions, to promote operational and administrative efficiencies.

This bill facilitates the restructuring of the Metropolitan Transportation Authority (MTA) in accordance with a plan proposed by the MTA Chairman in the fall of 2002 that reflects new regional transportation demographics, streamlined management and more cost-efficient operation. It would repeal existing sections of the Public Authorities Law creating the MTA and its constituent agencies and would create new agencies that combine like functions, avoid duplication of effort and promote operational and administrative efficiency.

The bill repeals existing sections of the Public Authorities Law and enact in their place a new statute that would create and define the MTA and its operating subsidiaries: (1) MTA Bridges and Tunnels (as successor to the Triborough Bridge and Tunnel Authority (TBTA); (2) MTA Bus (as successor to the MTA Bus Company, the former New York City Transit Authority (NYCTA) bus operations and the Long Island Bus operations); (3) MTA Capital Construction (continuing the existence of MTA Capital Construction); (4) MTA Rail (as successor to the Long Island Rail Road Company (to be known as MTA Rail – Long Island)) and Metro North Commuter Railroad Company (to be known as MTA Rail – Metro-North)); and (5) MTA Subways (as successor to the subway operations of the NYCTA). The bill also clarifies and enhances requirements related to auditing, budgeting and financial planning.

This restructuring would better address, both operationally and fiscally, the significant changes the MTA has experienced over the past six to seven years in terms of ridership growth and travel patterns. The restructuring initiative merges the existing MTA operating agencies into five new entities, each with a distinct and more clearly focused transportation mission.

While many of the elements of the plan can, in fact, be implemented administratively, a fully successful endeavor will require realigning the underlying statutes that define some parts of the MTA family. Those statutes represent a patchwork sewn together largely by historical accident as transportation responsibilities were progressively entrusted to the MTA. The resulting law now contains inconsistent corporate governance provisions that vary from one agency to another for no logical reason.

The budgetary provisions of this bill are modeled after the widely praised budget process currently in place in the City of New York and will codify extensive changes to the MTA’s budget and financial reporting procedures. These changes are intended to enhance public access to information regarding the MTA’s finances and operations and to ensure that public officials and all interested persons within the MTA’s service territory have the ability to comment and offer recommendations with respect to the MTA’s operating budget. This legislation also proposes the simplification of a number of funding formulas that limit efficiency and flexibility in a regional environment.

Part B – Close a loophole that allows improper double recovery for employees injured in certain Metropolitan Transportation Authority facilities.

This bill would correct an unintended loophole in current law that allows a group of MTA New York City Transit (NYCT) employees to recover from their employer in tort for personal injuries for which they have already been fully compensated by workers’ compensation benefits. This loophole undermines the basic premise of the workers’ compensation framework. This bill could save NYCT millions of dollars in judgment costs and legal fees.

This bill amends Public Authorities Law (PAL) §§1203 and 1203-a to add new language that expressly provides that NYCT is the owner of all transit facilities in the City of New York solely for purposes of non-delegable duties of property owners imposed by State law.

A.1624a/S.5128 was introduced in 2003-04; S.5024, A.8693, and A.9574 were introduced in 2001-02; and S.4487-A and A.8770 were introduced in 1999-00.

This bill will eliminate an unintended loophole that results from the unique circumstances of the City’s master leases of transit facilities to NYCT combined with the effect of non-delegable Labor Law provisions. It is expected to save NYCT millions of dollars in judgments and settlements, and numerous hours of staff time.

Injured transit workers have prevailed in litigation in recovering twice for a single injury received on the job – first, from NYCT under the Workers’ Compensation Law and, second, in tort against the City. Because the master leases provide for NYCT indemnification of the City for all damages arising out of NYCT operations, any judgments against the City resulting from a violation of Labor Law §240 are in fact paid by NYCT. Thus, NYCT ends up paying twice for a single injury. Recently, this loophole resulted in an award of $1.25 million.

Part C – Provide the annual and five-year authorizations for CHIPS and Marchiselli programs for the new five-year transportation capital plan.

This bill authorizes the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli programs for State fiscal year 2005-06, schedules CHIPS and Marchiselli program levels for the Governor’s new five-year transportation plan and increases the Thruway Authority bond cap related thereto.

This bill authorizes the CHIPS and Marchiselli programs for State fiscal year 2005-06 at $276.7 million and $39.7 million, respectively. In addition, it schedules the CHIPS and Marchiselli program levels for State fiscal year 2006-07 through 2009-10. This bill also increases the bond cap for local highway and bridge service contract bonds issued by the Thruway Authority for the CHIPS and Marchiselli programs by amending chapter 62 of the laws of 2003 to increase the cap from $4,209.04 million to $5,611.00 million.

Part D – Conform the State manual on traffic control devises to Federal standards.

This bill modifies the Vehicle & Traffic Law to adopt the National Manual on Uniform Traffic Control Devices (MUTCD) for use in New York State in order to avoid the cost of maintaining a separate State manual and makes other changes related to special stops and flashing signals. The Department of Transportation (DOT) would issue a State supplement to address New York’s unique laws and special traffic control needs. The bill also modifies the General Business Law to ensure consistency with these changes.

Section 1 amends §1680 of the Vehicle and Traffic Law, which requires DOT to adopt a manual of uniform traffic-control devices (MUTCD). The change provides that the National MUTCD, to the extent it does not conflict with existing State law, shall constitute the State MUTCD, but allows the Commissioner of Transportation to issue a supplement or supplements, as needed, to meet the unique needs of the State. The addition also clarifies that the National MUTCD and its specifications apply to traffic control devices on any street, highway, or bikeway open to the public, including those on private property.

Section 2 amends paragraph (b) of §1172 of the Vehicle & Traffic Law to indicate that a driver shall stop at a yield line when required to yield to approaching traffic.

Section 3 amends §1113 of the Vehicle and Traffic Law to add red arrow and yellow arrow references to flashing traffic signal indications, and add a new paragraph (c) that defines the flashing red arrow and flashing yellow arrow indications.

Section 4 amends §599-a of the General Business Law by changing the word “adopted” to “maintained”, reflecting the change in Section 1 of this proposal that allows the Department of Transportation to maintain the National MUTCD as the State MUTCD rather than adopting a separate manual.

Federal law (23 CFR 655.603) adopts the Manual on Uniform Traffic Control Devices as the national standard for all traffic control devices installed on any street, highway or bikeway open to public travel. Federal law permits a state to adopt its own MUTCD, but such MUTCD must be “in substantial conformance” with the National MUTCD.

Since 1948, the State has maintained a separate MUTCD. However, traffic control devices are constantly evolving, and the resources required to keep this manual current and consistent with Federal changes are growing. Further, as the Federal government continues to modify the National MUTCD, the number of “substantial differences” between the National and the State manuals is significant. In January 2003, the Federal Highway Administration cited New York State for 255 “significant” differences, which resulted in substantial staff time to address and a rulemaking process to correct.

This proposal was referred to the transportation committees in the Senate and the Assembly in 2004 (S6727 / A11191).

Part E – Extend the State vehicular drug penalty standards and conform the standards to Federal requirements.

This bill prevents the State from losing vital transportation capital grants from the Federal government, by conforming State law to Federal requirements regarding penalties for use of drugs and alcohol while operating motor vehicles.

This is current law that must be extended to avoid losing federal highway assistance. It has been extended numerous times in the past, including in 2000, 2001, and 2002. Chapter 487 of 2003 extended the law until October 1, 2005.

This bill amends Section 9 of Chapter 533 of the Laws of 1993 (pertaining to Vehicle and Traffic Law, and Correction Law), as amended by Section 1 of Chapter 487 of the Laws of 2003, to permanently extend the State’s conformance to Federal law, by imposing a suspension of driving privileges upon those convicted of certain drug-related crimes.

This bill also amends Section 7 of Chapter 312 of the Laws of 1994 (pertaining to Vehicle and Traffic Law), as amended by Section 2 of Chapter 487 of the Laws of 2003, to permanently extend the State’s conformance to Federal law, by imposing a suspension of driving privileges upon those charged with driving while intoxicated.

Failure to enact this legislation results in a ten percent annual loss of certain (Surface Transportation Program and National Highway System) Federal highway funds.

Part F – Conform the State commercial driver’s license law to Federal requirements.

This bill conforms New York State’s commercial driver’s license law with the mandates set forth in the Motor Carrier Safety Improvement Act of 1999 (MCSIA) and the Commercial Motor Vehicle Safety Act of 1986.

Section 1 of the bill adds a new Vehicle and Traffic Law (VTL) §109-c to define the term “conviction” as it relates to violations committed by holders of commercial drivers’ licenses (CDLs).

Section 2 amends VTL §201(1)(i) to establish record retention periods with respect to violations committed by CDL holders. Such retention periods are applied to records requested by a state, US DOT, the subject of the record or an employer motor carrier.

Section 3 amends VTL §501(2)(b)(ii) to codify New York’s current practice of not granting reciprocity to hazardous materials endorsements issued by other states.

Section 4 amends VTL §501(2)(b)(viii) to designate a tow truck endorsement as “W.”

Section 5 adds a new subparagraph (x) to paragraph (b) of VTL §501(2)(b) to create an “S” endorsement, necessary for the operation of a school bus.

Section 6 amends VTL §501-(2)(d)(i) to make the military exemption from CDL requirements consistent with federal law and to define the term armed forces.

Section 7, 8, and 9 amend VTL §501(6), 501-a(3), and 501-a(4)(a)(v) to make a technical correction to the definition of hazardous materials, consistent with federal law.

Section 10 amends VTL §501-a(4)(b) to clarify that only State-owned vehicles engaged in emergency operations are exempt from CDL licensing requirements.

Section 11 amends VTL §502(5)(c) to authorize the suspension of a CDL if the Federal government deems the holder of such license to constitute an imminent hazard.

Section 12 amends VTL §510(6) to provide for a one year revocation of a CDL for leaving the scene of a personal injury accident if the violation occurs in any motor vehicle.

Section 13 amends VTL §510-a(1) to provide for the revocation of a CDL for serious violations occurring in any motor vehicle, including leaving the scene of a property damage accident. This section also amends VTL §510-a(2) to provide for the permanent revocation of a CDL when the holder thereof operates a commercial motor vehicle under certain prohibitive circumstances.

Section 14 amends VTL §510-a(4) to add three new serious traffic violations: operating a CMV without first obtaining a CDL; operating a CMV without a CDL in one's possession; and operating a CMV without the proper class of license or proper endorsements.

Section 15 amends VTL §530(5) to provide that a restricted license may not be valid for the operation of a commercial motor vehicle under any circumstances, including a suspension for failure to pay child support.

Section 16 amends VTL §1193 to provide that enhanced sanctions for alcohol-related offenses committed by the holder of a CDL shall be imposed for violations occurring in any motor vehicle.

Section 17 amends VTL §1193(2)(e)(3)(b) to provide for enhanced license sanctions for CDL holders who are convicted of alcohol-related offenses in any motor vehicle where such holder had prior serious disqualifying offenses in any motor vehicle.

Section 18 amends VTL §1194 to provide that enhanced sanctions for refusing to submit to a chemical test by the holder of a CDL shall be imposed for violations occurring in any motor vehicle.

Section 19 amends VTL §1196(7)(g) to provide that a conditional license may not be valid for the operation of a commercial motor vehicle under any circumstances.

Section 20 amends subdivision 19 of section 246 of chapter 81 of the laws of 1995, as amended by chapter 87 of the laws of 2003, to extend the expiration date of certain vehicle and traffic laws and other laws relating to the enforcement of support through the suspension of driving privileges to June 30, 2007.

Section 21 provides that this bill would take effect immediately; provided, however, that section 20 shall be deemed to have been in full force and effect on and after June 30, 2005; and provided, however, that sections two, five, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen and nineteen shall take effect on September 30, 2005; provided that the amendments to subdivision 5 of section 530 of the vehicle and traffic law made by section fifteen of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.

Existing law stipulates that enhanced license sanctions are taken against holders of commercial driver’s licenses (CDLs) only if the offense occurs in a commercial motor vehicle; provides for a one-year license revocation for leaving the scene of a personal injury accident in a commercial motor vehicle, not a property damage accident; generally does not require retention of convictions, suspensions and revocations beyond a ten-year period; and allows for the issuance of restricted and conditional licenses to CDL holders in certain circumstances.

This proposal was first submitted in 2004. It was introduced in the Senate as S. 6725, but was not introduced in the Assembly.

This bill is necessary to bring New York State into compliance with the Motor Carrier Safety Improvement Act of 1999 (MCSIA) and the Commercial Motor Vehicle Safety Act of 1986 (CMVSA). Failure to do so will result in the loss of Federal highway funding and the possible decertification of the State’s right to issue commercial driver’s licenses (CDLs).

In 1994, the FMCSA conducted a study of the effectiveness of the CDL program. The report submitted to Congress in 1999 documented vulnerabilities within the program, resulting in the adoption of the MCSIA law. The states are required to adopt the MCSIA provisions by September 30, 2005 or face the loss of highway funding – five percent in the first fiscal year and ten percent in each subsequent fiscal year. This legislation incorporates the provisions of MCSIA into State law.

This bill plays an important role in the State’s continuing effort to protect the motoring public and to ensure that the operators of CMVs are fully qualified to operate such vehicles.

Part G – Conform the State vehicular alcohol penalty standards for open container offenses to Federal requirements.

This bill modifies the Alcohol Beverage Control and the Vehicle and Traffic laws to ensure New York State compliance with Federal Open Container requirements and prevent diversion of Federal highway funding from the Department of Transportation construction programs.

This is a new proposal.

Section 1 amends subdivision 4 of section 81 of the Alcohol and Beverage Control Law to define a bottle of wine resealed in accordance with this section as an open container.

Section 2 repeals subdivision 3 of section 1227 of the Vehicle and Traffic Law.

Section 3 amends subdivision 1 of section 1227 of the Vehicle and Traffic Law to permit the possession of properly resealed wine that is transported in the vehicle's trunk, rear seat, or in an area not normally occupied by the driver or a passenger in a motor vehicle without a trunk.

Part H – Increase the Dedicated Highway and Bridge Trust Fund bond cap to support the new five-year transportation capital plan.

This bill increases the Thruway Authority’s ability to issue debt on behalf of the Dedicated Highway and Bridge Trust Fund.

This bill amends paragraph (b) of subdivision 1 of section 385 of the Public Authorities Law, by increasing the bond cap for Dedicated Highway and Bridge Trust Fund bonds from $10.25 billion to $16 billion. This increase is necessary to fully finance the bondable portion of State-supported (non-Federally aided), State-system (non-Local system) capital spending from the Trust Fund. As in the past, the bond cap would not apply to costs of issuance or to bonds issued for the purpose of refinancing existing debt. This bill is necessary to implement the financial components of the Governor's new five-year transportation plan.

Part I – Add Seneca and Orleans counties to the Rochester Genesee Regional Transportation Authority (RFRTA) service district.

This bill adjusts the statutory schedule for the required match to State transit aid for the county participants in the Rochester-Genesee Regional Transportation Authority (RGRTA). The changes reflect the addition of Seneca and Orleans counties to the RGRTA service district and agreements reached among RGRTA and all the participating counties regarding allocation of matching shares.

This bill amends Sections 1 and 3 of Part I of Chapter 413 of the Laws of 1999, to add Seneca and Orleans counties to the RGRTA schedule and adjust the matching shares of the five existing county participants of (Genesee, Livingston, Monroe, Wayne, and Wyoming).

Part J – Create a criminal penalty for aggravated loitering in a transportation facility to deter the unauthorized sale of MetroCard swipes in Metropolitan Transportation Authority facilities.

This bill amends the penal law by adding a new section 240.38, creating a class A misdemeanor for aggravated loitering in a transportation facility. The purpose is to deter the illegal sale of MetroCard swipes that are providing entry into the subway system without the required payment to MTA New York City Transit (NYCT).

MTA NYCT has estimated that illegal MetroCard swiping could be costing the MTA up to $16 million per year in uncollected revenues. Estimates for lost revenue from the illegal use of bent cards is as much as $7 million annually and from unlimited ride cards up to $9 million per year. Moreover, there are additional costs to NYCT, as well as significant inconvenience to the riding public, that arise from the need to repair MetroCard vending machines vandalized by swipers. Swipers disable the vending machines, usually tampering with the bill-handling unit, so that customers are unable to purchase a MetroCard and are forced to use their services. NYCT estimates that 30 percent of all repairs of MetroCard vending machines are due to tampering with the bill-handling units. In monetary terms, repairs attributed to the vandalism of swipers have added an estimated $6 million a year to MetroCard equipment maintenance costs.

In many instances, the illegal swipers use discarded MetroCards that they have bent in a certain way to allow them to add value to the previously worthless card. With value added, they can then use it to swipe customers through at no cost to the swiper. Other swipers purchase a number of unlimited-ride MetroCards and rotate them as they illegally swipe people through the turnstiles. Some swipers choose to sell one swipe and then move on to another location. Swipers charge full fare or offer a discount, depending on what the traffic allows. Either way, NYCT is denied its fare revenue. This is particularly important as the MTA faces several hundred million dollar budget gaps in 2005 and the out years of the financial plan.

Under current law, these illegal MetroCard swipers can often only be charged with a
non-criminal violation, the penalty for which has proved unsuccessful in deterring this type of illegal activity. Also, since current violations do not appear on the perpetrators’ records, there is no easy way to keep track of repeat offenders. This bill would help correct this situation by subjecting the swipers to misdemeanor criminal penalties of up to one year in jail.

Part K – Increase various Department of Motor Vehicle fees to help fund the new five-year transportation capital plan.

This bill changes several motor vehicle fees (data search fee, insurance buyback fee, passenger and commercial registration fees, dealer/transporter registration fee, dealer temporary registration fee, salvaged vehicle inspection fee, photo image fee, and title fees) to increase Dedicated Highway and Bridge Trust Fund revenues. The bill also makes permanent these fee increases.

Section 1 of the bill increases the Department of Motor Vehicles (DMV) data search charges for vehicle and driver information. The per-transaction fee will be raised by $4 dollars for a manual search (from $6 to $10) and by $2 for an electronic search (from $5 to $7).

Section 2 of the bill distributes revenue collected from the $4 increase in the manual data search fee and the $2 increase in the electronic search fee to the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund according to the formula provided in subdivision (d) of section 301(j) of the tax law.

Section 3 of the bill shortens the grace period between a lapse in insurance and registration suspension from 15 to 5 days.

Section 4 of the bill expands the insurance buyback program to permit vehicle owners whose insurance has lapsed for at least 90 days, but no more than 180 days, to buy back their insurance coverage at a cost of $12 per day for the length of the lapse.

Section 5 of the bill increases passenger vehicle registration fees by 33 to 75 percent depending on passenger vehicle type and weight.

Section 6 of the bill waives registration fees for hybrid and alternate-fuel vehicles and imposes a $100 annual surcharge on passenger vehicles weighing more than 6,050 lbs.

Section 7 of the bill excludes pickups from the commercial vehicle category unless commercial use is demonstrated and increases registration fees for all commercial vehicles by 25 percent.

Section 8 of the bill increases registration fees for commercial trailers by 25 percent.

Section 9 of the bill distributes all revenue collected from the increase in passenger and commercial registrations to the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund according to the formula provided in subdivision (d) of section 301(j) of the Tax Law.

Section 10 of the bill increases both the original application fee and the annual fee for dealer/transporter registration in New York State. The original application fee will be raised by $12.50 (from $25 to $37.50) and the annual registration fee will increase by $75 (from $150 to $225).

Section 11 distributes all revenue collected from the $12.50 increase in the dealer/transporter original application fee and the $75 increase in the dealer/transporter registration fee the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund according to the formula provided in subdivision (d) of section 301(j) of the Tax Law.

Section 12 repeals the expiration date of motor vehicle transaction fee increases established by part U1 of chapter 62 of the laws of 2003 and repeals the date DMV's authority to spend from the Dedicated Highway and Bridge Trust Fund expires.

Section 13 increases the fee motor vehicle dealers pay for temporary vehicle registrations by $3 dollars (from $2 to $5).

Section 14 adds a new subdivision to section 420-a to distribute all revenue collected from the $3 increase in the temporary registration fee to the Dedicated Highway and Bridge Trust fund and the Dedicated Mass Transportation Fund according to the formula provided in subdivision (d) of section 301(j) of the tax law.

Section 15 increases the salvaged vehicle inspection fee by $50 (from $100 to $150).

Section 16 adds a new subdivision to section 430 of the Vehicle and Traffic Law to distribute all revenue collected from the $50 increase in the salvaged vehicle inspection fee to the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund according to the formula provided in subdivision (d) of section 301(j) of the Tax Law.

Section 17 increases the photo image fee charged for driver and non-driver identification documents by $5 (from $5 to $10) and distributes all revenue collected from the $5 increase to the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund according to the formula provided in subdivision (d) of section 301(j) of the Tax Law.

Section 18 increases the fee for an original title application by $40 (from $10 to $50) for all vehicles other than mobile and manufactured homes. The fee for an original title application for mobile and manufactured homes is increased by $100 (from $25 to $125).

Section 19 increases the fee for a duplicate certificate of title by $10 (from $10 to $20).

Section 20 distributes all revenue collected from the $40 increase in the non-mobile or manufactured home original title fee, the $100 increase in the mobile and manufactured home original title fee, and the $10 increase in the duplicate title fee to the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund according to the formula provided in subdivision (d) of section 301(j) of the Tax Law.

Section 21 makes a technical amendment to Chapter 63 of the Laws of 2000 to ensure that 100 percent of motor vehicle taxes that are not specified to be deposited to a specific fund shall be deposited to the Dedicated Funds pool and not to the General Fund, as they currently do by default.

Existing law provides fees as detailed above.

These fees will help fund the Transportation capital plan. Many of these fees have not been increased in fifteen years. Others were targeted because they are paid by users of the transportation infrastructure.

Part L – Authorize the Department of Transportation and the Thruway Authority to utilize a design-build project delivery process for a limited number of capital projects.

This bill allows the Department of Transportation (DOT) and the Thruway Authority to follow a design-build project delivery process for certain designated capital projects.

This bill adds two new sections of law:

These new sections allow DOT and the Thruway Authority each to undertake a pilot design-build program and participate in a maximum number of “design-build contracts” (twelve for DOT and five for the Thruway Authority). This bill authorizes the design-build letting of certain construction contracts based on a two-step selection process. The traditional design-bid-build approach is expected to remain the primary method of project delivery.

“Design-build” contracts combine the design work and construction activities into a single contract. Design-build contracts are useful when it is critical to complete a project as quickly as possible, when a project has unusual procurement requirements or when there is a need for major coordination of multiple project phases.

Congress has acknowledged the value of the design-build approach by authorizing the use of design-build for Federal aid projects. Furthermore, at least thirty-four states, including Massachusetts, Pennsylvania, Ohio, California, Texas and New Jersey, allow design-build contracts.

Design-build bills were introduced in 1999 and 2001; however, these bills were never enacted.

Part M – Authorize the Department of Transportation, the Thruway Authority and the Metropolitan Transportation Authority to enter into partnership agreements with public and private entities and to utilize innovative financing techniques to fund transportation facilities in the new five-year transportation capital plan.

This bill amends the Transportation Law and the Public Authorities Law to establish the Transportation Facility Development Partnership Program.

This bill establishes the Transportation Facility Development Partnership Program to allow the Department of Transportation (DOT), the Thruway Authority (Thruway) and the Metropolitan Transportation Authority (MTA) to enter into agreements with public and/or private entities for the delivery of transportation facilities or services.

Under this program, DOT, the Thruway and the MTA may solicit, consider and accept public or private proposals and enter into agreements for transportation projects. Public or private entities could acquire, design, finance, construct, improve, operate and maintain transportation facilities, provide transportation services, and impose user fees for the use of the facilities or services. The imposition of any fares, tolls or other charges is limited to transportation facilities that currently impose user fees, are newly constructed, or increase capacity.

All environmental and public outreach requirements that a transportation project currently undergoes would be adhered to in the development of a project under this program.

Twenty-one states have enacted laws allowing varying forms of partnerships in the development of transportation infrastructure - some including operation and maintenance of the project. States have used this public-private authority for a variety of projects, including the Chicago Skyway, a 7.8 mile median-divided toll bridge sold to a private consortium for over $1.8 billion; the Dulles Greenway in Virginia, constructed using $338 million in private financing; and a 2.3 mile extension of the Las Vegas Monorail in Nevada, which leveraged $130 million in private investment.

This bill allows DOT, the Thruway and the MTA to partner with a private firm and/or another public entity and react to market opportunities for public/private ventures and partnerships, resulting in innovative and cost-effective financing techniques for the delivery of transportation facilities or services and the leveraging of private sector investment.

BUDGET IMPLICATIONS:

Part A – Reorganize the Metropolitan Transportation Authority to establish new subsidiary companies that combine like functions, to promote operational and administrative efficiencies.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget because it will provide the MTA the authority to reallocate resources in the most efficient and cost-effective manner.

Part B – Close a loophole that allows improper double recovery for employees injured in certain Metropolitan Transportation Authority facilities.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget because it corrects an unintended loophole, which enables certain transit workers to receive a double recovery for a single injury at NYCT’s expense.

Part C – Provide the annual and five-year authorizations for CHIPS and Marchiselli programs for the new five-year transportation capital plan.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget.

Part D – Conform the State manual on traffic control devises to Federal standards.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget, which includes a reduction of $50,000 in costs related to maintaining a separate manual.

Part E – Extend the State vehicular drug penalty standards and conform the standards to Federal requirements.

Enactment of this bill is necessary to implement the 2005-2006 Executive Budget, because failure to do so would cost the State ten percent of certain categories of Federal highway funds (approximately $70 million annually).

Part F – Conform the State commercial driver’s license law to Federal requirements.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget because failure to do so by September 30, 2005 will result in the loss of Federal highway funding. These losses would amount to approximately five percent in the first fiscal year and ten percent in each subsequent fiscal year. The loss to the 2005-06 Financial Plan is estimated to be $17.5 million.

Part G – Conform the State vehicular alcohol penalty standards for open container offenses to Federal requirements.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget.

Failure to do so would cost the State three percent of certain categories of Federal highway funds (approximately $21 million annually).

Part H – Increase the Dedicated Highway and Bridge Trust Fund bond cap to support the new five-year transportation capital plan.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget.

Part I – Add Seneca and Orleans counties to the Rochester Genesee Regional Transportation Authority (RFRTA) service district.

This bill is necessary to implement the 2005-06 Executive Budget, since the State will adjust STOA allocations to reflect the inclusion of Seneca and Orleans counties in RGRTA.

Part J – Create a criminal penalty for aggravated loitering in a transportation facility to deter the unauthorized sale of MetroCard swipes in Metropolitan Transportation Authority facilities.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget because it will preserve a critical revenue source for the MTA in meeting its operating needs.

Part K – Increase various Department of Motor Vehicle fees to help fund the new five-year transportation capital plan.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget because it will provide more than $400 million annually in additional revenues to support the Transportation capital plan.

Part L – Authorize the Department of Transportation and the Thruway Authority to utilize a design-build project delivery process for a limited number of capital projects.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget to allow the State to benefit from reductions in the cost and time to deliver certain transportation projects.

Part M – Authorize the Department of Transportation, the Thruway Authority and the Metropolitan Transportation Authority to enter into partnership agreements with public and private entities and to utilize innovative financing techniques to fund transportation facilities in the new five-year transportation capital plan.

Enactment of this bill is necessary to implement the 2005-06 Executive Budget. The State will benefit from increased participation by the private sector in transportation projects, reducing the need for public resources.

EFFECTIVE DATE:

Part A – Reorganize the Metropolitan Transportation Authority to establish new subsidiary companies that combine like functions, to promote operational and administrative efficiencies.

The bill takes effect 90 days after it shall become law.

Part B – Close a loophole that allows improper double recovery for employees injured in certain Metropolitan Transportation Authority facilities.

This bill shall take effect immediately and shall apply to all matters arising on or after such effective date and to all matters pending on such effective date.

Part C – Provide the annual and five-year authorizations for CHIPS and Marchiselli programs for the new five-year transportation capital plan.

The bill takes effect on April 1, 2005.

Part D – Conform the State manual on traffic control devises to Federal standards.

Sections 2 through 4, pertaining to minor traffic changes take effect immediately, and section 1, pertaining to the MUTCD, would take effect one year after the bill becomes law.

Part E – Extend the State vehicular drug penalty standards and conform the standards to Federal requirements.

This bill takes effect April 1, 2005.

Part F – Conform the State commercial driver’s license law to Federal requirements.

This bill takes effect immediately, provided, however, that sections two, five, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen and nineteen shall take effect on September 30, 2005; and provided, however, that section 20 shall be deemed to have been in full force and effect on and after April 1, 2005.

Part G – Conform the State vehicular alcohol penalty standards for open container offenses to Federal requirements.

This act takes effect immediately.

Part H – Increase the Dedicated Highway and Bridge Trust Fund bond cap to support the new five-year transportation capital plan.

This bill takes effect April 1, 2005.

Part I – Add Seneca and Orleans counties to the Rochester Genesee Regional Transportation Authority (RFRTA) service district.

This bill takes effect immediately.

Part J – Create a criminal penalty for aggravated loitering in a transportation facility to deter the unauthorized sale of MetroCard swipes in Metropolitan Transportation Authority facilities.

This bill takes effect on the ninetieth day after it shall have become a law.

Part K – Increase various Department of Motor Vehicle fees to help fund the new five-year transportation capital plan.

Sections eleven and twenty-one shall take effect immediately, provided that section twenty-one shall be deemed effective April 1, 2005; sections one through nine and sections seventeen through twenty shall take effect on January 1, 2006; and sections ten and twelve through sixteen shall take effect on October 1, 2005.

Part L – Authorize the Department of Transportation and the Thruway Authority to utilize a design-build project delivery process for a limited number of capital projects.

This bill takes effect immediately.

Part M – Authorize the Department of Transportation, the Thruway Authority and the Metropolitan Transportation Authority to enter into partnership agreements with public and private entities and to utilize innovative financing techniques to fund transportation facilities in the new five-year transportation capital plan.

This bill takes effect immediately.