Bill Text: NY S04414 | 2019-2020 | General Assembly | Amended

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Bill Title: Increases state funding for construction and improvement by the department of transportation where the municipality agrees to fund a complete street design feature as a component of the project.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S04414 Detail]

Download: New_York-2019-S04414-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4414--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 11, 2019
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to amend the highway law, in relation to complete  street  design
          features  and  funding  of  construction and improvements at a munici-
          palities' expense

          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 section 3 of part A of chapter 57 of the  laws  of  2014,  is
     3  amended to read as follows:
     4    1.  In  connection  with  the undertaking of any project for which the
     5  commissioner is authorized to  use  moneys  of  the  federal  government
     6  pursuant  to  the provisions of subdivision thirty-four-a of section ten
     7  and section eighty of this chapter to assure the effective discharge  of
     8  state responsibilities with respect to regional transportation needs, on
     9  highways, roads, streets, bicycle paths or pedestrian paths that are not
    10  on  the state highway system, the commissioner shall submit such project
    11  to the governing body or bodies of the affected municipality or  munici-
    12  palities  together  with  estimates  of  costs  thereof. If such project
    13  includes a municipal project, as that term is defined in accordance with
    14  article thirteen of the transportation law,  the  state  share  of  such
    15  municipal  project  shall  also  be included. If such project includes a
    16  project affecting a highway, road, street, bicycle  path  or  pedestrian
    17  path  not on the state highway system, the state share shall be equal to
    18  eighty percent of the difference between the total project cost and  the
    19  federal assistance, provided, however, the state share shall be equal to
    20  eighty-seven  and  one-half  percent of the difference between the total
    21  project cost and the federal assistance where, in conjunction with  such
    22  project,  the  municipality  agrees  to  fund  a  complete street design

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08639-05-9
        S. 4414--A                          2

     1  feature as defined in section three hundred thirty-one of this  chapter,
     2  provided,  [however]  further,  the  commissioner may increase the state
     3  share to an amount equal  to  one  hundred  percent  of  the  difference
     4  between  the  total  project cost and the federal assistance where he or
     5  she determines that the need for the project results substantially  from
     6  actions  undertaken  pursuant  to  section  ten of this chapter. No such
     7  project shall proceed without the approval of the governing  body  of  a
     8  municipality. Such governing body may request the commissioner to under-
     9  take  the  provision of such project. If the commissioner agrees to such
    10  undertaking he or she shall notify the local governing body which  shall
    11  appropriate sufficient moneys to pay the estimated amount of the munici-
    12  pal share. Such moneys shall be deposited with the state comptroller who
    13  is  authorized  to  receive and accept the same for the purposes of such
    14  project, subject to the draft or requisition of the  commissioner.  When
    15  the  work  of  such  project  has been completed, the commissioner shall
    16  render to the governing body of such municipality an itemized  statement
    17  showing  in full (a) the amount of money that has been deposited by such
    18  municipality with the state comptroller as  hereinbefore  provided,  and
    19  (b)  all  disbursements  made pursuant to this section for such project.
    20  Any surplus moneys shall be paid to such municipality on the warrant  of
    21  the  comptroller on vouchers therefor approved by the commissioner. When
    22  the work of such project has been completed and it is determined by  the
    23  commissioner that the amount of the cost to be borne by the municipality
    24  is in excess of the amount deposited by such municipality with the state
    25  comptroller,  the commissioner shall then notify the municipality of the
    26  deficiency of funds. The municipality shall then within ninety  days  of
    27  the  receipt  of  such notice, pay such amount to the state comptroller.
    28  For purposes of this section, the term "municipality"  shall  include  a
    29  city,  county,  town,  village  or  two  or more of the foregoing acting
    30  jointly.
    31    § 2. This act shall take effect one year after it shall have become  a
    32  law and shall apply to project agreements entered into on and after such
    33  date.