2023 New York Laws › STF - State Finance › Article 5 - Borrowing by the State › 61 - Probable Life of Certain Works or Purposes of State Debt.

§  61.  Probable  life  of certain works or purposes of state debt. In
compliance  with  section  twelve  of  article  seven   of   the   state
constitution,  it is hereby determined that the probable life of each of
the following described types of  buildings,  structures,  improvements,
acquisitions  or  purposes,  as  a work or purpose, or part of a work or
purpose, for which a state debt shall be  contracted  pursuant  to  such
article of the constitution, is determined to be as follows:
BUILDINGS AND APPURTENANCES
1.  Thirty years. Class A buildings. Buildings, the walls of which are
constructed of brick, stone,  concrete,  metal  or  other  incombustible
material,  and in which there are no wood beams or lintels, and in which
the  floors,  roofs,  stair  halls,  and   other   means   of   vertical
communication  between floors and their enclosures are built entirely of
brick, stone, metal or other incombustible materials, and  in  which  no
woodwork  or  other  inflammable  material  is  used in any of the rough
partition, floor or ceiling structures.
2. Twenty years. Class B buildings.  Buildings,  the  outer  walls  of
which  are constructed of brick, stone, concrete, metal, stucco or other
fire-resisting material,  including  a  building  which  is  rebuilt  or
altered  so  that  it,  together  with  additions  or  vertical or other
extensions or replacements, are fire-resisting.
3. Fifteen years. Class C buildings. Buildings that are neither  class
A nor class B as defined in subdivisions one and two, including any such
building which is rebuilt or altered so that any addition or vertical or
other extension is not fire-proof or fire-resisting, as thus defined.
4.  Fifteen  years.  Plumbing, heating, lighting, power, water supply,
refrigeration, sewerage or drainage plants or systems, or two or more of
them whether within or in connection with a building above described, or
otherwise, except that where the proceeds of a  bond  issue  are  to  be
expended for any such system or plant and also for the construction of a
building  in  or  in  connection with which the system or plant shall be
constructed, the probable life of both, as an entirety, is the  same  as
the probable life of the building as above determined.
STATE HIGHWAYS, PARKWAYS, ARTERIAL HIGHWAYS, STATE
AND FEDERALLY-AIDED HIGHWAY AND HIGHWAY-
TRANSPORTATION PROJECTS, ROADS AND STREETS
5. (a) Twenty years. Construction or reconstruction of state highways,
state  parkways,  state  arterial  highways  in  cities, other state and
federally-aided highway and highway-transportation projects and  related
facilities and structures.
(b)   Ten   years.   Improvement,   including   but   not  limited  to
reconditioning and preservation, including critical structural  repairs,
of  state  highways and parkways, state arterial highways in cities, and
bridges thereon; local  streets  and  highways  off  the  state  highway
system,   and   bridges   thereon;   other   state,  state-aided  and/or
federally-aided highway and highway-transportation projects and  related
facilities  and  structures; construction, reconstruction or improvement
of a road, street or trail,  whether  without  or  within  state  parks,
whether  or  not  including  contemporaneous  construction of sidewalks,
curbs, gutters or drains, and whether or not including grading,  if  the
surface  is  laid  on  a  solid  foundation, or is of concrete; commuter
parking facilities; highway and bridge projects undertaken by localities
pursuant to subdivision four of section ten-c of  the  highway  law  and
pursuant  to section one of chapter eight hundred thirty-six of the laws
of nineteen hundred eighty-three known as the Rebuild New  York  Through
Transportation  Infrastructure Renewal Bond Act of 1983; and alterations
necessary to improve railroad track clearances.
6.  Five  Years.  A  road  or  street,  whether   or   not   including
contemporaneous construction of sidewalks, curbs, gutters or drains, and
whether  or  not  including  grading,  if  the surface is of water-bound
macadam or penetration process or is of sand and gravel.
BRIDGES AND CULVERTS
7.  Twenty  years.  A bridge or culvert (including retaining walls and
approaches), unless constructed of wood.
8. Five years. A bridge or  culvert  (including  retaining  walls  and
approaches), constructed of wood.
DAMS, DOCKS AND SEA WALLS
9. Fifteen years. Dams, docks and sea walls.
PARK IMPROVEMENT AND DEVELOPMENT
10.  Ten  years.  Park improvement and development, including forestry
work, fire protection, planting, grading and park equipment.
SIDEWALKS
11. Five years. A sidewalk, curb or gutter not included in  any  other
subdivision of this section.
OTHER IMPROVEMENTS
12.  Forty years. Elimination of railroad grade crossing or crossings,
whether or  not  including  the  acquisition  of  land,  and  incidental
improvements connected therewith.
13. Thirty. The acquisition of land.
14. Ten years. Sewer, water, gas or other service connections from the
service main in the road, street or highway to the property line.
15.  Five  years. Any work of construction, improvement or purpose not
covered by other provisions of this section.
SLUM CLEARANCE AND HOUSING
16. Fifty years. The effectuating of any of the purposes of the public
housing law and article two of the private housing finance law.
16-a. Twenty-five years. Effectuating an urban renewal program or part
thereof pursuant to article fifteen of the general municipal law.
HIGHER EDUCATION PROJECTS
17. Thirty years. Any work or purpose for which a state  debt  may  be
incurred   pursuant   to  section  nineteen  of  article  seven  of  the
constitution.
CLEAN WATER IMPROVEMENT PROJECTS
18. Thirty years. The construction, reconstruction and improvement  of
facilities  for  the  purpose  of  treating, neutralizing or stabilizing
sewage,  including  treatment  of   disposal   plants,   the   necessary
intercepting,  outfall  and  outlet sewers, pumping stations integral to
such plants or sewers,  equipment  and  furnishings  thereof  and  their
appurtenances,   pursuant   to   contracts   of   the   commissioner  of
environmental  conservation   pursuant   to   section   twelve   hundred
sixty-three-b  of  the  public health law and/or pursuant to chapter six
hundred fifty-nine of the laws of nineteen hundred seventy-two  and,  in
addition  to  the  above,  safe  drinking water projects and clean water
projects undertaken pursuant to  a  chapter  of  the  laws  of  nineteen
hundred   ninety-six,  entitled  "AN  ACT  to  amend  the  environmental
conservation law, the agriculture and markets law,  the  executive  law,
the  public  authorities  law, the public health law, the soil and water
conservation districts law, the state finance law, and the tax  law,  in
relation  to the implementation of the Clean Water/Clean Air Bond Act of
1996 and making appropriations therefor".
OUTDOOR RECREATION DEVELOPMENT PROJECTS
19. Twenty years. The development or acquisition of lands for  outdoor
recreation,  including parks, forest recreation areas, marine facilities
and historic sites, and including the state share of  such  development,
restoration,  improvement  or  acquisition undertaken by a municipality,

not-for-profit  corporation  or  the  federal  government,  pursuant  to
article seventeen of the parks, recreation and historic preservation law
and/or  pursuant  to  chapter  six  hundred  fifty-nine  of  the laws of
nineteen  hundred  seventy-two  and/or  pursuant to chapter five hundred
twelve of the laws of nineteen hundred eighty-six and,  in  addition  to
the  above,  park,  historic  preservation  and  heritage  area projects
undertaken pursuant to  a  chapter  of  the  laws  of  nineteen  hundred
ninety-six,  entitled  "AN  ACT  to amend the environmental conservation
law, the agriculture and markets law,  the  executive  law,  the  public
authorities  law, the public health law, the soil and water conservation
districts law, the state finance law, and the tax law,  in  relation  to
the  implementation  of  the  Clean Water/Clean Air Bond Act of 1996 and
making appropriations therefor".
TRANSPORTATION CAPITAL FACILITIES
20. Thirty years. For the acquisition, construction, reconstruction or
improvement of any railroad  capital  facility,  rapid  transit  rolling
stock,  mass  transportation  capital  facility  or  airport or aviation
capital facility, and any capital equipment used in connection therewith
pursuant to chapter seven  hundred  fifteen  of  the  laws  of  nineteen
hundred  sixty-seven known as the transportation capital facilities bond
act, or pursuant to section two of chapter one hundred eighteen  of  the
laws  of  nineteen  hundred  seventy-four known as the rail preservation
bond act of nineteen hundred seventy-four, or pursuant to section one of
chapter three  hundred  sixty-nine  of  the  laws  of  nineteen  hundred
seventy-nine   known   as   the  energy  conservation  through  improved
transportation bond act of nineteen hundred  seventy-nine,  pursuant  to
section  one of chapter eight hundred thirty-six of the laws of nineteen
hundred  eighty-three  known   as   the   Rebuild   New   York   Through
Transportation  Infrastructure  Renewal Bond Act of 1983, or pursuant to
section four of a chapter of the laws of two thousand five known as  the
rebuild and renew New York transportation bond act of two thousand five,
except  (a)  twenty  years  in the case of railroad locomotives or other
railroad rolling stock and (b) ten years in the case of any  omnibus  or
similar surface transit motor vehicle or any aircraft.
AIR QUALITY IMPROVEMENT PROJECTS
21.  Fifteen  years. The upgrading of an existing incinerator, furnace
or boiler and appurtenances thereto now owned and operated by the  state
or  a  municipality,  pursuant  to  contracts  of  the  commissioner  of
environmental conservation pursuant to chapter six hundred fifty-nine of
the laws of nineteen hundred seventy-two and, in addition to the  above,
twenty years for air quality improvement projects undertaken pursuant to
a  chapter  of the laws of nineteen hundred ninety-six, entitled "AN ACT
to amend the environmental conservation law, the agriculture and markets
law, the executive law, the public authorities law,  the  public  health
law,  the  soil  and water conservation districts law, the state finance
law, and the tax law, in relation to the  implementation  of  the  Clean
Water/Clean  Air  Bond  Act of 1996 and making appropriations therefor",
except ten years in the case of vehicles.
WETLANDS AND AQUATIC HABITAT PRESERVATION OR RESTORATION PROJECT
22. Thirty years. A state or municipal project to preserve or  restore
biologically  productive and vulnerable wetlands because of their unique
and irreplaceable value, pursuant to chapter six hundred  fifty-nine  of
the  laws of nineteen hundred seventy-two and, in addition to the above,
aquatic habitat restoration projects undertaken pursuant to a chapter of
the laws of nineteen hundred ninety-six, entitled "AN ACT to  amend  the
environmental  conservation  law,  the  agriculture and markets law, the
executive law, the public authorities law, the public  health  law,  the
soil  and  water  conservation districts law, the state finance law, and

the tax law, in relation to the implementation of the Clean  Water/Clean
Air Bond Act of 1996 and making appropriations therefor".
SOLID WASTE RECOVERY AND MANAGEMENT PROJECTS
23.  Thirty  years.  Installations and equipment designed, constructed
and required to separate, process, modify, convert,  treat,  or  prepare
collected  solid waste as required by a municipal solid waste management
system pursuant to  chapter  six  hundred  fifty-nine  of  the  laws  of
nineteen  hundred seventy-two and, in addition to the above, solid waste
projects undertaken pursuant to  a  chapter  of  the  laws  of  nineteen
hundred   ninety-six   entitled  "AN  ACT  to  amend  the  environmental
conservation law, the agriculture and markets law,  the  executive  law,
the  public  authorities  law, the public health law, the soil and water
conservation districts law, the state finance law, and the tax  law,  in
relation  to the implementation of the Clean Water/Clean Air Bond Act of
1996 and making appropriations therefor", except ten years in  the  case
of vehicles or other moveable equipment.
PORT, MARINE TERMINAL, CANAL AND WATERWAYS CAPITAL FACILITIES
25.  Fifteen years. For the construction, reconstruction, improvement,
reconditioning and preservation of  port,  marine  terminal,  canal  and
waterways  capital facilities and appurtenances, pursuant to section one
of chapter eight hundred thirty-six of  the  laws  of  nineteen  hundred
eighty-three,  known  as  the  Rebuild  New  York Through Transportation
Infrastructure Renewal Bond Act of 1983 and pursuant to section four  of
a  chapter  of  the  laws  of two thousand five known as the rebuild and
renew New York transportation bond act of two thousand five.
HAZARDOUS WASTE SITE REMEDIATION PROJECTS
26. Twenty years. For the remediation of sites at which there has been
disposal of hazardous wastes pursuant  to  a  chapter  of  the  laws  of
nineteen hundred eighty-six entitled, "An act to amend the environmental
conservation  law,  the  navigation  law  and  the state finance law, in
relation to the implementation of the environmental quality bond act  of
nineteen hundred eighty-six".
MUNICIPAL LANDFILL PROJECTS
27.  Twenty years. For municipal projects approved by the commissioner
of environmental conservation to close a landfill  pursuant  to  chapter
five  hundred  twelve of the laws of nineteen hundred eighty-six and, in
addition to the above, landfill and landfill closure projects undertaken
pursuant to a chapter  of  the  laws  of  nineteen  hundred  ninety-six,
entitled  "AN  ACT  to  amend  the  environmental  conservation law, the
agriculture and markets law, the executive law, the  public  authorities
law,  the  public  health law, the soil and water conservation districts
law, the state finance  law,  and  the  tax  law,  in  relation  to  the
implementation  of the Clean Water/Clean Air Bond Act of 1996 and making
appropriations therefor".
ENVIRONMENTAL RESTORATION PROJECTS
29. Twenty years. For environmental restoration  improvement  projects
undertaken  pursuant  to  a  chapter  of  the  laws  of nineteen hundred
ninety-six, entitled "AN ACT to  amend  the  environmental  conservation
law,  the  agriculture  and  markets  law, the executive law, the public
authorities law, the public health law, the soil and water  conservation
districts law, the state finance law and the tax law, in relation to the
implementation  of the Clean Water/Clean Air Bond Act of 1996 and making
appropriations therefor".
OPEN SPACE LAND CONSERVATION PROJECTS
30. Thirty years. For open space land conservation projects undertaken
pursuant to a chapter  of  the  laws  of  nineteen  hundred  ninety-six,
entitled  "AN  ACT  to  amend  the  environmental  conservation law, the
agriculture and markets law, the executive law, the  public  authorities

law,  the  public  health law, the soil and water conservation districts
law, the state finance  law,  and  the  tax  law,  in  relation  to  the
implementation  of the Clean Water/Clean Air Bond Act of 1996 and making
appropriations therefor".
SMART SCHOOLS PROJECTS
31. Thirty years. For the payment of smart schools projects, including
but  not  limited  to  pre-kindergarten  or transportable classroom unit
replacement projects, community  connectivity  projects,  and  classroom
technology  projects,  all  as defined in subdivision sixteen of section
thirty-six  hundred  forty-one  of  the  education  law  and  undertaken
pursuant to a chapter of the laws of two thousand fourteen, enacting and
constituting  the  smart  schools  bond  act  of  2014. Thirty years for
pre-kindergarten projects or transportable  classroom  unit  replacement
projects,  twenty  years  for community connectivity projects, and eight
years for classroom technology projects or school  safety  and  security
technology  projects. Notwithstanding the foregoing, for the purposes of
calculating annual debt service, the state  comptroller  shall  apply  a
weighted average period of probable life of such smart schools projects,
including  with  any  other  works or purposes to be financed with state
debt. Weighted average period of probable life shall  be  determined  by
computing  the  sum  of the products derived from multiplying the dollar
value of the portion of the debt contracted for each work or purpose (or
class of works or purposes) by the probable life of such work or purpose
(or class of works or purposes) and dividing the resulting  sum  by  the
dollar  value  of  the  entire  debt after taking into consideration any
original issue premium or discount.
32. Thirty years. For the payment of " clean  water,  clean  air,  and
green   jobs"  projects,  as  defined  in  article  fifty-eight  of  the
environmental conservation law and undertaken pursuant to a  chapter  of
the laws of two thousand twenty-one, enacting and constituting the clean
water,  clean air, and green jobs environmental bond act of 2022. Thirty
years   for   flood   control   infrastructure,   other    environmental
infrastructure,  wetland  and  other  habitat restoration, water quality
projects, acquisition of land, including acquisition of  real  property,
and  renewable  energy  projects. Notwithstanding the foregoing, for the
purposes of calculating annual debt service, the state comptroller shall
apply a weighted average period of probable life of clean  water,  clean
air,  and  green jobs projects, including any other works or purposes to
be financed with state debt. Weighted average period  of  probable  life
shall  be  determined  by computing the sum of the products derived from
multiplying the dollar value of the portion of the debt  contracted  for
each  work  or  purpose  (or class of works or purposes) by the probable
life of such work or  purpose  (or  class  of  works  or  purposes)  and
dividing  the resulting sum by the dollar value of the entire debt after
taking into consideration any original issue premium or discount.