Bill Text: NY A05990 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the rate paid by the state to a city for maintenance and repair of highways.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced) 2019-04-09 - reported referred to ways and means [A05990 Detail]

Download: New_York-2019-A05990-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 4048--A                                            A. 5990--A
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 26, 2019
                                       ___________
        IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
          ed,  and  when printed to be committed to the Committee on Transporta-
          tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        IN  ASSEMBLY  --  Introduced  by  M. of A. ROZIC, ABBATE, BLAKE, CRESPO,
          CUSICK, LAWRENCE, OTIS,  MAGNARELLI,  LIFTON,  PAULIN,  SIMON,  QUART,
          RYAN, SEAWRIGHT, MOSLEY, SCHIMMINGER, LUPARDO, HUNTER, TAYLOR, PALMES-
          ANO,  CROUCH -- read once and referred to the Committee on Transporta-
          tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the highway law, in relation to the rate paid by the
          state to a city for maintenance and repair of highways
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The opening paragraph of subdivision 5-a of section 340-b
     2  of the highway law, as amended by chapter 30 of the  laws  of  1987,  is
     3  amended to read as follows:
     4    The  commissioner  of  transportation and the city of New York, acting
     5  through the mayor or other administrative head thereof,  pursuant  to  a
     6  resolution  of  the governing body of such city, are authorized to enter
     7  into a written agreement for  the  maintenance  and  repair,  under  the
     8  supervision and subject to the approval of the commissioner of transpor-
     9  tation, of any state interstate highway or portion thereof, exclusive of
    10  service  roads  and  pavement  on  intersecting street bridges, which is
    11  within the boundaries of such city and which is now or which shall here-
    12  after be designated in section three hundred forty-a of  this  [chapter]
    13  article  and  which  has  been  constructed  or  which  shall  have been
    14  constructed as authorized by  section  three  hundred  forty-a  of  this
    15  [chapter]  article.  Such agreement may provide that the state shall pay
    16  annually to such city a sum to be computed at the rate of (a)  not  more
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01121-03-9

        S. 4048--A                          2                         A. 5990--A
     1  than  [eighty-five] one dollar and eighty-seven cents per square yard of
     2  the pavement area that is included in the state highway system according
     3  to the provisions of this section, and (b) an  additional  [ten]  twenty
     4  cents  per square yard of such pavement area where such pavement area is
     5  located on any elevated bridge, such rate shall  be  increased  in  each
     6  year  of  the  agreement  by the percentage change in the consumer price
     7  index for all urban consumers (CPI-U), New York-Northern New Jersey-Long
     8  Island, NY-NJ-CT-PA, as published by the  United  States  department  of
     9  labor bureau of labor statistics, over the prior five years.
    10    §  2.  The  opening paragraph of subdivision 7 of section 349-c of the
    11  highway law, as amended by chapter 30 of the laws of 1987, is amended to
    12  read as follows:
    13    The commissioner of transportation and any city named in this article,
    14  acting through the mayor or other administrative head thereof,  pursuant
    15  to  a  resolution  of the governing body of such city except the city of
    16  New York, are authorized to enter into a written agreement for the main-
    17  tenance and repair, under the supervision and subject to the approval of
    18  the commissioner, of any public street, main route  or  thoroughfare  or
    19  portion thereof, exclusive of service roads and pavement on intersecting
    20  street bridges, which is within the boundaries of such city and which is
    21  now or which shall hereafter be designated in this article and which has
    22  been  constructed  or which shall have been constructed as authorized by
    23  [articles] this article and article four [and twelve-B] of this  chapter
    24  and with grants made available by the federal government pursuant to the
    25  federal aid highway act of nineteen hundred forty-four, being public law
    26  five  hundred  twenty-one  of  the  seventy-eighth congress, chapter six
    27  hundred twenty-six, second session, as approved on the twentieth day  of
    28  December,  nineteen  hundred forty-four. Such agreement may provide that
    29  the state shall pay annually to such city a sum to be  computed  at  the
    30  rate  of  (a)  not  more  than [eighty-five] one dollar and eighty-seven
    31  cents per square yard of the pavement area that is included in the state
    32  highway system according to the provisions of this section, and  (b)  an
    33  additional  [ten]  twenty  cents  per  square yard of such pavement area
    34  where such pavement area is located on any elevated  bridge,  such  rate
    35  shall  be  increased  in  each  year  of the agreement by the percentage
    36  change in the consumer price index for all urban consumers (CPI-U),  New
    37  York-Northern  New  Jersey-Long Island, NY-NJ-CT-PA, as published by the
    38  United States department of labor bureau of labor statistics,  over  the
    39  prior five years.
    40    §  3. This act shall take effect on the first of April next succeeding
    41  the date on which it shall have become a law.
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