STATE OF NEW YORK
        ________________________________________________________________________
                                          1600
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 15, 2019
                                       ___________
        Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the highway law, in relation to increasing reimbursement
          rates paid by the state to cities for repair and maintenance of  state
          arterials
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The first undesignated  paragraph  of  subdivision  5-a  of
     2  section  340-b  of the highway law, as amended by chapter 30 of the laws
     3  of 1987, is 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
    17  than [eighty-five] one dollar and eighty cents per square  yard  of  the
    18  pavement  area that is included in the state highway system according to
    19  the provisions of this section, and (b) an additional [ten] twenty cents
    20  per square yard of such  pavement  area  where  such  pavement  area  is
    21  located  on  any elevated bridge, such rate to be increased in each year
    22  of the agreement by the percentage change in the  consumer  price  index
    23  for  all  urban  consumers  (CPI-U),  New  York-Northern New Jersey-Long
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05823-01-9

        S. 1600                             2
     1  Island, NY-NJ-CT-PA, as published by the  United  States  department  of
     2  labor bureau of labor statistics, over the prior five years.
     3    §  2.  The  first  undesignated  paragraph of subdivision 7 of section
     4  349-c of the highway law, as amended by chapter 30 of the laws of  1987,
     5  is amended to read as follows:
     6    The commissioner of transportation and any city named in this article,
     7  acting  through the mayor or other administrative head thereof, pursuant
     8  to a resolution of the governing body of such city except  the  city  of
     9  New York, are authorized to enter into a written agreement for the main-
    10  tenance and repair, under the supervision and subject to the approval of
    11  the  commissioner,  of  any public street, main route or thoroughfare or
    12  portion thereof, exclusive of service roads and pavement on intersecting
    13  street bridges, which is within the boundaries of such city and which is
    14  now or which shall hereafter be designated in this article and which has
    15  been constructed or which shall have been constructed as  authorized  by
    16  [articles]  this article and article four [and twelve-B] of this chapter
    17  and with grants made available by the federal government pursuant to the
    18  federal aid highway act of nineteen hundred forty-four, being public law
    19  five hundred twenty-one of  the  seventy-eighth  congress,  chapter  six
    20  hundred  twenty-six, second session, as approved on the twentieth day of
    21  December, nineteen hundred forty-four. Such agreement may  provide  that
    22  the  state  shall  pay annually to such city a sum to be computed at the
    23  rate of (a) not more than [eighty-five] one dollar and eighty cents  per
    24  square  yard  of the pavement area that is included in the state highway
    25  system according to the provisions of this section,  and  (b)  an  addi-
    26  tional  [ten]  twenty  cents per square yard of such pavement area where
    27  such pavement area is located on any elevated bridge , such rate  to  be
    28  increased  in each year of the agreement by the percentage change in the
    29  consumer price index for all urban consumers (CPI-U), New  York-Northern
    30  New  Jersey-Long  Island, NY-NJ-CT-PA, as published by the United States
    31  department of labor bureau of labor  statistics,  over  the  prior  five
    32  years.
    33    § 3. This act shall take effect immediately.