§ 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.
