Bill Text: NY S00840 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the percentage responsibility of the state for federally assisted projects; relates to the state share of municipal projects where the municipality funds a complete street design.

Spectrum: Bipartisan Bill

Status: (Introduced) 2023-02-13 - SUBSTITUTED BY A602 [S00840 Detail]

Download: New_York-2023-S00840-Introduced.html

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                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.