§ 61 — Probable life of certain works or purposes of state debt

New York § 61

• Jurisdiction: New York
• Law STF: State Finance
• Art. 5: Borrowing By the State

Text

§ 61. Probable life of certain works or purposes of state debt. In\ncompliance with section twelve of article seven of the state\nconstitution, it is hereby determined that the probable life of each of\nthe following described types of buildings, structures, improvements,\nacquisitions or purposes, as a work or purpose, or part of a work or\npurpose, for which a state debt shall be contracted pursuant to such\narticle of the constitution, is determined to be as follows:\n BUILDINGS AND APPURTENANCES\n 1. Thirty years. Class A buildings. Buildings, the walls of which are\nconstructed of brick, stone, concrete, metal or other incombustible\nmaterial, and in which there are no wood beams or lintels, and in which\nthe floors, roofs, stair halls, and other means of vertical\ncommunication between floors and their enclosures are built entirely of\nbrick, stone, metal or other incombustible materials, and in which no\nwoodwork or other inflammable material is used in any of the rough\npartition, floor or ceiling structures.\n 2. Twenty years. Class B buildings. Buildings, the outer walls of\nwhich are constructed of brick, stone, concrete, metal, stucco or other\nfire-resisting material, including a building which is rebuilt or\naltered so that it, together with additions or vertical or other\nextensions or replacements, are fire-resisting.\n 3. Fifteen years. Class C buildings. Buildings that are neither class\nA nor class B as defined in subdivisions one and two, including any such\nbuilding which is rebuilt or altered so that any addition or vertical or\nother extension is not fire-proof or fire-resisting, as thus defined.\n 4. Fifteen years. Plumbing, heating, lighting, power, water supply,\nrefrigeration, sewerage or drainage plants or systems, or two or more of\nthem whether within or in connection with a building above described, or\notherwise, except that where the proceeds of a bond issue are to be\nexpended for any such system or plant and also for the construction of a\nbuilding in or in connection with which the system or plant shall be\nconstructed, the probable life of both, as an entirety, is the same as\nthe probable life of the building as above determined.\n STATE HIGHWAYS, PARKWAYS, ARTERIAL HIGHWAYS, STATE\n AND FEDERALLY-AIDED HIGHWAY AND HIGHWAY-\n TRANSPORTATION PROJECTS, ROADS AND STREETS\n 5. (a) Twenty years. Construction or reconstruction of state highways,\nstate parkways, state arterial highways in cities, other state and\nfederally-aided highway and highway-transportation projects and related\nfacilities and structures.\n (b) Ten years. Improvement, including but not limited to\nreconditioning and preservation, including critical structural repairs,\nof state highways and parkways, state arterial highways in cities, and\nbridges thereon; local streets and highways off the state highway\nsystem, and bridges thereon; other state, state-aided and/or\nfederally-aided highway and highway-transportation projects and related\nfacilities and structures; construction, reconstruction or improvement\nof a road, street or trail, whether without or within state parks,\nwhether or not including contemporaneous construction of sidewalks,\ncurbs, gutters or drains, and whether or not including grading, if the\nsurface is laid on a solid foundation, or is of concrete; commuter\nparking facilities; highway and bridge projects undertaken by localities\npursuant to subdivision four of section ten-c of the highway law and\npursuant to section one of chapter eight hundred thirty-six of the laws\nof nineteen hundred eighty-three known as the Rebuild New York Through\nTransportation Infrastructure Renewal Bond Act of 1983; and alterations\nnecessary to improve railroad track clearances.\n 6. Five Years. A road or street, whether or not including\ncontemporaneous construction of sidewalks, curbs, gutters or drains, and\nwhether or not including grading, if the surface is of water-bound\nmacadam or penetration process or is of sand and gravel.\n BRIDGES AND CULVERTS\n 7. Twenty years. A bridge or culvert (including retaining walls and\napproaches), unless constructed of wood.\n 8. Five years. A bridge or culvert (including retaining walls and\napproaches), constructed of wood.\n DAMS, DOCKS AND SEA WALLS\n 9. Fifteen years. Dams, docks and sea walls.\n PARK IMPROVEMENT AND DEVELOPMENT\n 10. Ten years. Park improvement and development, including forestry\nwork, fire protection, planting, grading and park equipment.\n SIDEWALKS\n 11. Five years. A sidewalk, curb or gutter not included in any other\nsubdivision of this section.\n OTHER IMPROVEMENTS\n 12. Forty years. Elimination of railroad grade crossing or crossings,\nwhether or not including the acquisition of land, and incidental\nimprovements connected therewith.\n 13. Thirty. The acquisition of land.\n 14. Ten years. Sewer, water, gas or other service connections from the\nservice main in the road, street or highway to the property line.\n 15. Five years. Any work of construction, improvement or purpose not\ncovered by other provisions of this section.\n SLUM CLEARANCE AND HOUSING\n 16. Fifty years. The effectuating of any of the purposes of the public\nhousing law and article two of the private housing finance law.\n 16-a. Twenty-five years. Effectuating an urban renewal program or part\nthereof pursuant to article fifteen of the general municipal law.\n HIGHER EDUCATION PROJECTS\n 17. Thirty years. Any work or purpose for which a state debt may be\nincurred pursuant to section nineteen of article seven of the\nconstitution.\n CLEAN WATER IMPROVEMENT PROJECTS\n 18. Thirty years. The construction, reconstruction and improvement of\nfacilities for the purpose of treating, neutralizing or stabilizing\nsewage, including treatment of disposal plants, the necessary\nintercepting, outfall and outlet sewers, pumping stations integral to\nsuch plants or sewers, equipment and furnishings thereof and their\nappurtenances, pursuant to contracts of the commissioner of\nenvironmental conservation pursuant to section twelve hundred\nsixty-three-b of the public health law and/or pursuant to chapter six\nhundred fifty-nine of the laws of nineteen hundred seventy-two and, in\naddition to the above, safe drinking water projects and clean water\nprojects undertaken pursuant to a chapter of the laws of nineteen\nhundred ninety-six, entitled "AN ACT to amend the environmental\nconservation law, the agriculture and markets law, the executive law,\nthe public authorities law, the public health law, the soil and water\nconservation districts law, the state finance law, and the tax law, in\nrelation to the implementation of the Clean Water/Clean Air Bond Act of\n1996 and making appropriations therefor".\n OUTDOOR RECREATION DEVELOPMENT PROJECTS\n 19. Twenty years. The development or acquisition of lands for outdoor\nrecreation, including parks, forest recreation areas, marine facilities\nand historic sites, and including the state share of such development,\nrestoration, improvement or acquisition undertaken by a municipality,\nnot-for-profit corporation or the federal government, pursuant to\narticle seventeen of the parks, recreation and historic preservation law\nand/or pursuant to chapter six hundred fifty-nine of the laws of\nnineteen hundred seventy-two and/or pursuant to chapter five hundred\ntwelve of the laws of nineteen hundred eighty-six and, in addition to\nthe above, park, historic preservation and heritage area projects\nundertaken pursuant to a chapter of the laws of nineteen hundred\nninety-six, entitled "AN ACT to amend the environmental conservation\nlaw, the agriculture and markets law, the executive law, the public\nauthorities law, the public health law, the soil and water conservation\ndistricts law, the state finance law, and the tax law, in relation to\nthe implementation of the Clean Water/Clean Air Bond Act of 1996 and\nmaking appropriations therefor".\n TRANSPORTATION CAPITAL FACILITIES\n 20. Thirty years. For the acquisition, construction, reconstruction or\nimprovement of any railroad capital facility, rapid transit rolling\nstock, mass transportation capital facility or airport or aviation\ncapital facility, and any capital equipment used in connection therewith\npursuant to chapter seven hundred fifteen of the laws of nineteen\nhundred sixty-seven known as the transportation capital facilities bond\nact, or pursuant to section two of chapter one hundred eighteen of the\nlaws of nineteen hundred seventy-four known as the rail preservation\nbond act of nineteen hundred seventy-four, or pursuant to section one of\nchapter three hundred sixty-nine of the laws of nineteen hundred\nseventy-nine known as the energy conservation through improved\ntransportation bond act of nineteen hundred seventy-nine, pursuant to\nsection one of chapter eight hundred thirty-six of the laws of nineteen\nhundred eighty-three known as the Rebuild New York Through\nTransportation Infrastructure Renewal Bond Act of 1983, or pursuant to\nsection four of a chapter of the laws of two thousand five known as the\nrebuild and renew New York transportation bond act of two thousand five,\nexcept (a) twenty years in the case of railroad locomotives or other\nrailroad rolling stock and (b) ten years in the case of any omnibus or\nsimilar surface transit motor vehicle or any aircraft.\n AIR QUALITY IMPROVEMENT PROJECTS\n 21. Fifteen years. The upgrading of an existing incinerator, furnace\nor boiler and appurtenances thereto now owned and operated by the state\nor a municipality, pursuant to contracts of the commissioner of\nenvironmental conservation pursuant to chapter six hundred fifty-nine of\nthe laws of nineteen hundred seventy-two and, in addition to the above,\ntwenty years for air quality improvement projects undertaken pursuant to\na chapter of the laws of nineteen hundred ninety-six, entitled "AN ACT\nto amend the environmental conservation law, the agriculture and markets\nlaw, the executive law, the public authorities law, the public health\nlaw, the soil and water conservation districts law, the state finance\nlaw, and the tax law, in relation to the implementation of the Clean\nWater/Clean Air Bond Act of 1996 and making appropriations therefor",\nexcept ten years in the case of vehicles.\n WETLANDS AND AQUATIC HABITAT PRESERVATION OR RESTORATION PROJECT\n 22. Thirty years. A state or municipal project to preserve or restore\nbiologically productive and vulnerable wetlands because of their unique\nand irreplaceable value, pursuant to chapter six hundred fifty-nine of\nthe laws of nineteen hundred seventy-two and, in addition to the above,\naquatic habitat restoration projects undertaken pursuant to a chapter of\nthe laws of nineteen hundred ninety-six, entitled "AN ACT to amend the\nenvironmental conservation law, the agriculture and markets law, the\nexecutive law, the public authorities law, the public health law, the\nsoil and water conservation districts law, the state finance law, and\nthe tax law, in relation to the implementation of the Clean Water/Clean\nAir Bond Act of 1996 and making appropriations therefor".\n SOLID WASTE RECOVERY AND MANAGEMENT PROJECTS\n 23. Thirty years. Installations and equipment designed, constructed\nand required to separate, process, modify, convert, treat, or prepare\ncollected solid waste as required by a municipal solid waste management\nsystem pursuant to chapter six hundred fifty-nine of the laws of\nnineteen hundred seventy-two and, in addition to the above, solid waste\nprojects undertaken pursuant to a chapter of the laws of nineteen\nhundred ninety-six entitled "AN ACT to amend the environmental\nconservation law, the agriculture and markets law, the executive law,\nthe public authorities law, the public health law, the soil and water\nconservation districts law, the state finance law, and the tax law, in\nrelation to the implementation of the Clean Water/Clean Air Bond Act of\n1996 and making appropriations therefor", except ten years in the case\nof vehicles or other moveable equipment.\n PORT, MARINE TERMINAL, CANAL AND WATERWAYS CAPITAL FACILITIES\n 25. Fifteen years. For the construction, reconstruction, improvement,\nreconditioning and preservation of port, marine terminal, canal and\nwaterways capital facilities and appurtenances, pursuant to section one\nof chapter eight hundred thirty-six of the laws of nineteen hundred\neighty-three, known as the Rebuild New York Through Transportation\nInfrastructure Renewal Bond Act of 1983 and pursuant to section four of\na chapter of the laws of two thousand five known as the rebuild and\nrenew New York transportation bond act of two thousand five.\n HAZARDOUS WASTE SITE REMEDIATION PROJECTS\n 26. Twenty years. For the remediation of sites at which there has been\ndisposal of hazardous wastes pursuant to a chapter of the laws of\nnineteen hundred eighty-six entitled, "An act to amend the environmental\nconservation law, the navigation law and the state finance law, in\nrelation to the implementation of the environmental quality bond act of\nnineteen hundred eighty-six".\n MUNICIPAL LANDFILL PROJECTS\n 27. Twenty years. For municipal projects approved by the commissioner\nof environmental conservation to close a landfill pursuant to chapter\nfive hundred twelve of the laws of nineteen hundred eighty-six and, in\naddition to the above, landfill and landfill closure projects undertaken\npursuant to a chapter of the laws of nineteen hundred ninety-six,\nentitled "AN ACT to amend the environmental conservation law, the\nagriculture and markets law, the executive law, the public authorities\nlaw, the public health law, the soil and water conservation districts\nlaw, the state finance law, and the tax law, in relation to the\nimplementation of the Clean Water/Clean Air Bond Act of 1996 and making\nappropriations therefor".\n ENVIRONMENTAL RESTORATION PROJECTS\n 29. Twenty years. For environmental restoration improvement projects\nundertaken pursuant to a chapter of the laws of nineteen hundred\nninety-six, entitled "AN ACT to amend the environmental conservation\nlaw, the agriculture and markets law, the executive law, the public\nauthorities law, the public health law, the soil and water conservation\ndistricts law, the state finance law and the tax law, in relation to the\nimplementation of the Clean Water/Clean Air Bond Act of 1996 and making\nappropriations therefor".\n OPEN SPACE LAND CONSERVATION PROJECTS\n 30. Thirty years. For open space land conservation projects undertaken\npursuant to a chapter of the laws of nineteen hundred ninety-six,\nentitled "AN ACT to amend the environmental conservation law, the\nagriculture and markets law, the executive law, the public authorities\nlaw, the public health law, the soil and water conservation districts\nlaw, the state finance law, and the tax law, in relation to the\nimplementation of the Clean Water/Clean Air Bond Act of 1996 and making\nappropriations therefor".\n SMART SCHOOLS PROJECTS\n 31. Thirty years. For the payment of smart schools projects, including\nbut not limited to pre-kindergarten or transportable classroom unit\nreplacement projects, community connectivity projects, and classroom\ntechnology projects, all as defined in subdivision sixteen of section\nthirty-six hundred forty-one of the education law and undertaken\npursuant to a chapter of the laws of two thousand fourteen, enacting and\nconstituting the smart schools bond act of 2014. Thirty years for\npre-kindergarten projects or transportable classroom unit replacement\nprojects, twenty years for community connectivity projects, and eight\nyears for classroom technology projects or school safety and security\ntechnology projects. Notwithstanding the foregoing, for the purposes of\ncalculating annual debt service, the state comptroller shall apply a\nweighted average period of probable life of such smart schools projects,\nincluding with any other works or purposes to be financed with state\ndebt. Weighted average period of probable life shall be determined by\ncomputing the sum of the products derived from multiplying the dollar\nvalue of the portion of the debt contracted for each work or purpose (or\nclass of works or purposes) by the probable life of such work or purpose\n(or class of works or purposes) and dividing the resulting sum by the\ndollar value of the entire debt after taking into consideration any\noriginal issue premium or discount.\n 32. Thirty years. For the payment of " clean water, clean air, and\ngreen jobs" projects, as defined in article fifty-eight of the\nenvironmental conservation law and undertaken pursuant to a chapter of\nthe laws of two thousand twenty-one, enacting and constituting the clean\nwater, clean air, and green jobs environmental bond act of 2022. Thirty\nyears for flood control infrastructure, other environmental\ninfrastructure, wetland and other habitat restoration, water quality\nprojects, acquisition of land, including acquisition of real property,\nand renewable energy projects. Notwithstanding the foregoing, for the\npurposes of calculating annual debt service, the state comptroller shall\napply a weighted average period of probable life of clean water, clean\nair, and green jobs projects, including any other works or purposes to\nbe financed with state debt. Weighted average period of probable life\nshall be determined by computing the sum of the products derived from\nmultiplying the dollar value of the portion of the debt contracted for\neach work or purpose (or class of works or purposes) by the probable\nlife of such work or purpose (or class of works or purposes) and\ndividing the resulting sum by the dollar value of the entire debt after\ntaking into consideration any original issue premium or discount.\n