S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4175
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by Sens. GOLDEN, PHILLIPS -- 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 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:
 
   Section 1. The first undesignated  paragraph  of  subdivision  5-a  of
 section  340-b  of the highway law, as amended by chapter 30 of the laws
 of 1987, is amended to read as follows:
   The commissioner of transportation and the city of  New  York,  acting
 through  the  mayor  or other administrative head thereof, pursuant to a
 resolution of the governing body of such city, are authorized  to  enter
 into  a  written  agreement  for  the  maintenance and repair, under the
 supervision and subject to the approval of the commissioner of transpor-
 tation, of any state interstate highway or portion thereof, exclusive of
 service roads and pavement on  intersecting  street  bridges,  which  is
 within the boundaries of such city and which is now or which shall here-
 after be designated in section three hundred forty-a of this chapter and
 which  has  been  constructed  or  which  shall have been constructed as
 authorized by section three hundred forty-a of this chapter. Such agree-
 ment may provide that the state shall pay annually to such city a sum to
 be computed at the rate of (a) not more than  [eighty-five]  ONE  DOLLAR
 AND  SEVENTY-SEVEN  cents  per  square yard of the pavement area that is
 included in the state highway system according to the provisions of this
 section, and (b) an additional [ten] TWENTY cents  per  square  yard  of
 such  pavement  area where such pavement area is located on any elevated
 bridge, SUCH RATE SHALL BE INCREASED IN EACH YEAR OF  THE  AGREEMENT  BY
 THE  PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUM-
 ERS (CPI-U), NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND,  NY-NJ-CT-PA,  AS
 PUBLISHED  BY  THE  UNITED  STATES  DEPARTMENT  OF LABOR BUREAU OF LABOR
 STATISTICS, OVER THE PRIOR FIVE YEARS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09047-01-7

 S. 4175                             2
 
   § 2. The first undesignated paragraph  of  subdivision  7  of  section
 349-c  of the highway law, as amended by chapter 30 of the laws of 1987,
 is amended to read as follows:
   The commissioner of transportation and any city named in this article,
 acting  through the mayor or other administrative head thereof, pursuant
 to a resolution of the governing body of such city except  the  city  of
 New York, are authorized to enter into a written agreement for the main-
 tenance and repair, under the supervision and subject to the approval of
 the  commissioner,  of  any public street, main route or thoroughfare or
 portion thereof, exclusive of service roads and pavement on intersecting
 street bridges, which is within the boundaries of such city and which is
 now or which shall hereafter be designated in this article and which has
 been constructed or which shall have been constructed as  authorized  by
 [articles]  THIS ARTICLE AND ARTICLE four [and twelve-B] of this chapter
 and with grants made available by the federal government pursuant to the
 federal aid highway act of nineteen hundred forty-four, being public law
 five hundred twenty-one of  the  seventy-eighth  congress,  chapter  six
 hundred  twenty-six, second session, as approved on the twentieth day of
 December, nineteen hundred forty-four. Such agreement may  provide  that
 the  state  shall  pay annually to such city a sum to be computed at the
 rate of (a) not more than [eighty-five]  ONE  DOLLAR  AND  SEVENTY-SEVEN
 cents per square yard of the pavement area that is included in the state
 highway  system  according to the provisions of this section, and (b) an
 additional [ten] TWENTY cents per square  yard  of  such  pavement  area
 where  such  pavement  area is located on any elevated bridge, SUCH RATE
 SHALL BE INCREASED IN EACH YEAR  OF  THE  AGREEMENT  BY  THE  PERCENTAGE
 CHANGE  IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW
 YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA, AS PUBLISHED  BY  THE
 UNITED  STATES  DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, OVER THE
 PRIOR FIVE YEARS.
   § 3. This act shall take effect on the first of April next  succeeding
 the date on which it shall have become a law.