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.