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
        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-two  and  one-half  percent  of  the difference between the total
    21  project cost and the federal assistance where  as  a  component  of  the
    22  project the municipality agrees to fund a complete street design feature
    23  as  defined  in  section  three  hundred  thirty-one  of  this  chapter,
    24  provided, [however] further, the commissioner  may  increase  the  state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4414                             2
     1  share  to  an  amount  equal  to  one  hundred percent of the difference
     2  between the total project cost and the federal assistance  where  he  or
     3  she  determines that the need for the project results substantially from
     4  actions  undertaken  pursuant  to  section  ten of this chapter. No such
     5  project shall proceed without the approval of the governing  body  of  a
     6  municipality. Such governing body may request the commissioner to under-
     7  take  the  provision of such project. If the commissioner agrees to such
     8  undertaking he or she shall notify the local governing body which  shall
     9  appropriate sufficient moneys to pay the estimated amount of the munici-
    10  pal share. Such moneys shall be deposited with the state comptroller who
    11  is  authorized  to  receive and accept the same for the purposes of such
    12  project, subject to the draft or requisition of the  commissioner.  When
    13  the  work  of  such  project  has been completed, the commissioner shall
    14  render to the governing body of such municipality an itemized  statement
    15  showing  in full (a) the amount of money that has been deposited by such
    16  municipality with the state comptroller as  hereinbefore  provided,  and
    17  (b)  all  disbursements  made pursuant to this section for such project.
    18  Any surplus moneys shall be paid to such municipality on the warrant  of
    19  the  comptroller on vouchers therefor approved by the commissioner. When
    20  the work of such project has been completed and it is determined by  the
    21  commissioner that the amount of the cost to be borne by the municipality
    22  is in excess of the amount deposited by such municipality with the state
    23  comptroller,  the commissioner shall then notify the municipality of the
    24  deficiency of funds. The municipality shall then within ninety  days  of
    25  the  receipt  of  such notice, pay such amount to the state comptroller.
    26  For purposes of this section, the term "municipality"  shall  include  a
    27  city,  county,  town,  village  or  two  or more of the foregoing acting
    28  jointly.
    29    § 2. This act shall take effect on the ninetieth day  after  it  shall
    30  have become a law.