STATE OF NEW YORK
________________________________________________________________________
840
2023-2024 Regular Sessions
IN SENATE
January 6, 2023
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the highway law, in relation to the percentage responsi-
bility of the state for federally assisted projects; and to amend
chapter 329 of the laws of 1991 amending the state finance law and
other laws relating to establishing the dedicated highway and bridge
trust fund and the dedicated mass transportation fund, in relation to
the state share of municipal projects where the municipality funds a
complete street design
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 80-b of the highway law, as
2 amended by a chapter of the laws of 2022 amending the highway law relat-
3 ing to complete street design features and funding of construction and
4 improvements at a municipalities' expense, as proposed in legislative
5 bills numbers S. 3897 and A. 8936-A, is amended to read as follows:
6 1. In connection with the undertaking of any project for which the
7 commissioner is authorized to use moneys of the federal government
8 pursuant to the provisions of subdivision thirty-four-a of section ten
9 and section eighty of this chapter to assure the effective discharge of
10 state responsibilities with respect to regional transportation needs, on
11 highways, roads, streets, bicycle paths or pedestrian paths that are not
12 on the state highway system, the commissioner shall submit such project
13 to the governing body or bodies of the affected municipality or munici-
14 palities together with estimates of costs thereof. If such project
15 includes a municipal project, as that term is defined in accordance with
16 article thirteen of the transportation law, the state share of such
17 municipal project shall also be included. If such project includes a
18 project affecting a highway, road, street, bicycle path or pedestrian
19 path not on the state highway system, the state share shall be equal to
20 eighty percent of the difference between the total project cost and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04022-01-3
S. 840 2
1 federal assistance, [provided, however, the state share shall be equal
2 to eighty-seven and one-half percent of the difference between the total
3 project cost and the federal assistance where, in conjunction with such
4 project, the municipality agrees to fund a complete street design
5 feature as defined in section three hundred thirty-one of this chapter,]
6 provided, [further] however, the commissioner may increase the state
7 share to an amount equal to one hundred percent of the difference
8 between the total project cost and the federal assistance where he or
9 she determines that the need for the project results substantially from
10 actions undertaken pursuant to section ten of this chapter. No such
11 project shall proceed without the approval of the governing body of a
12 municipality. Such governing body may request the commissioner to under-
13 take the provision of such project. If the commissioner agrees to such
14 undertaking he or she shall notify the local governing body which shall
15 appropriate sufficient moneys to pay the estimated amount of the munici-
16 pal share. Such moneys shall be deposited with the state comptroller who
17 is authorized to receive and accept the same for the purposes of such
18 project, subject to the draft or requisition of the commissioner. When
19 the work of such project has been completed, the commissioner shall
20 render to the governing body of such municipality an itemized statement
21 showing in full (a) the amount of money that has been deposited by such
22 municipality with the state comptroller as hereinbefore provided, and
23 (b) all disbursements made pursuant to this section for such project.
24 Any surplus moneys shall be paid to such municipality on the warrant of
25 the comptroller on vouchers therefor approved by the commissioner. When
26 the work of such project has been completed and it is determined by the
27 commissioner that the amount of the cost to be borne by the municipality
28 is in excess of the amount deposited by such municipality with the state
29 comptroller, the commissioner shall then notify the municipality of the
30 deficiency of funds. The municipality shall then within ninety days of
31 the receipt of such notice, pay such amount to the state comptroller.
32 For purposes of this section, the term "municipality" shall include a
33 city, county, town, village or two or more of the foregoing acting
34 jointly.
35 § 2. Paragraphs (a) and (b) of section 15 of chapter 329 of the laws
36 of 1991, amending the state finance law and other laws relating to
37 establishing the dedicated highway and bridge trust fund and the dedi-
38 cated mass transportation fund, as added by chapter 330 of the laws of
39 1991, are amended to read as follows:
40 (a) for federal aid municipal street and highway projects, munici-
41 palities shall be eligible for repayment of nineteen percent of the
42 total project cost when the federal share is seventy-five percent of
43 such total project cost, and fifteen percent of the total project cost
44 when the federal share is eighty percent of the total project cost.
45 Provided, however, that the state share shall be equal to eighty-seven
46 and one-half percent of the difference between the total project cost
47 and the federal assistance where, in conjunction with such project, the
48 municipality funds a complete street design as defined in section three
49 hundred thirty-one of the highway law that is sufficiently compliant
50 with such section, in the determination of the state department of
51 transportation pursuant to guidance it makes publicly available, as
52 shall warrant such state share.
53 (b) For federal aid municipal street and highway projects for which
54 the federal share is fixed at other than seventy-five or eighty percent
55 of the total project cost, municipalities shall be eligible for repay-
56 ment of eighty percent of the non-federal share of such total project
S. 840 3
1 cost. Provided, however, that the state share shall be equal to eighty-
2 seven and one-half percent of the difference between the total project
3 cost and the federal assistance where, in conjunction with such project,
4 the municipality funds a complete street design as defined in section
5 three hundred thirty-one of the highway law that is sufficiently compli-
6 ant with such section, in the determination of the state department of
7 transportation pursuant to guidance it makes publicly available, as
8 shall warrant such state share.
9 § 3. This act shall take effect on the same date and in the same
10 manner as a chapter of the laws of 2022 amending the highway law relat-
11 ing to complete street design features and funding of construction and
12 improvements at a municipalities' expense, as proposed in legislative
13 bills numbers S. 3897 and A. 8936-A, takes effect.