S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6454--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced  by  M.  of  A. FAHY, McDONALD, D'URSO, COLTON, SIMON -- read
   once and referred to the  Committee  on  Transportation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   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:
 
   Section 1. Subdivision 1 of  section  80-b  of  the  highway  law,  as
 amended  by  section  3  of part A of chapter 57 of the laws of 2014, is
 amended to read as follows:
   1. In connection with the undertaking of any  project  for  which  the
 commissioner  is  authorized  to  use  moneys  of the federal government
 pursuant to the provisions of subdivision thirty-four-a of  section  ten
 and  section eighty of this chapter to assure the effective discharge of
 state responsibilities with respect to regional transportation needs, on
 highways, roads, streets, bicycle paths or pedestrian paths that are not
 on the state highway system, the commissioner shall submit such  project
 to  the governing body or bodies of the affected municipality or munici-
 palities together with estimates  of  costs  thereof.  If  such  project
 includes a municipal project, as that term is defined in accordance with
 article  thirteen  of  the  transportation  law, the state share of such
 municipal project shall also be included. If  such  project  includes  a
 project  affecting  a  highway, road, street, bicycle path or pedestrian
 path not on the state highway system, the state share shall be equal  to
 eighty  percent of the difference between the total project cost and the
 federal assistance, PROVIDED, HOWEVER, THE STATE SHARE SHALL BE EQUAL TO
 EIGHTY-SEVEN AND ONE-HALF PERCENT OF THE DIFFERENCE  BETWEEN  THE  TOTAL
 PROJECT  COST AND THE FEDERAL ASSISTANCE WHERE, IN CONJUNCTION WITH SUCH
 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.
              

                                                            LBD08639-04-9

 A. 6454--A                          2
 
 FEATURE  AS DEFINED IN SECTION THREE HUNDRED THIRTY-ONE OF THIS CHAPTER,
 provided, [however] FURTHER, the commissioner  may  increase  the  state
 share  to  an  amount  equal  to  one  hundred percent of the difference
 between  the  total  project cost and the federal assistance where he OR
 SHE determines that the need for the project results substantially  from
 actions  undertaken  pursuant  to  section  ten of this chapter. No such
 project shall proceed without the approval of the governing  body  of  a
 municipality. Such governing body may request the commissioner to under-
 take  the  provision of such project. If the commissioner agrees to such
 undertaking he OR SHE shall notify the local governing body which  shall
 appropriate sufficient moneys to pay the estimated amount of the munici-
 pal share. Such moneys shall be deposited with the state comptroller who
 is  authorized  to  receive and accept the same for the purposes of such
 project, subject to the draft or requisition of the  commissioner.  When
 the  work  of  such  project  has been completed, the commissioner shall
 render to the governing body of such municipality an itemized  statement
 showing  in full (a) the amount of money that has been deposited by such
 municipality with the state comptroller as  hereinbefore  provided,  and
 (b)  all  disbursements  made pursuant to this section for such project.
 Any surplus moneys shall be paid to such municipality on the warrant  of
 the  comptroller on vouchers therefor approved by the commissioner. When
 the work of such project has been completed and it is determined by  the
 commissioner that the amount of the cost to be borne by the municipality
 is in excess of the amount deposited by such municipality with the state
 comptroller,  the commissioner shall then notify the municipality of the
 deficiency of funds. The municipality shall then within ninety  days  of
 the  receipt  of  such notice, pay such amount to the state comptroller.
 For purposes of this section, the term "municipality"  shall  include  a
 city,  county,  town,  village  or  two  or more of the foregoing acting
 jointly.
   § 2. This act shall take effect one year after it shall have become  a
 law and shall apply to project agreements entered into on and after such
 date.