S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6435
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, MAGNARELLI, ABBATE, CUSICK, OTIS, PAULIN,
   SIMON, QUART, SEAWRIGHT, LUPARDO, HUNTER, TAYLOR, JACOBSON,  BARNWELL,
   GRIFFIN,  PALMESANO,  NORRIS,  BYRNE  -- read once and referred 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 opening 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]
 ARTICLE and  which  has  been  constructed  or  which  shall  have  been
 constructed  as  authorized  by  section  three  hundred forty-a of this
 [chapter] ARTICLE. 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 EIGHTY-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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03410-01-1

 A. 6435                             2
 
 ISLAND,  NY-NJ-CT-PA,  AS  PUBLISHED  BY THE UNITED STATES DEPARTMENT OF
 LABOR BUREAU OF LABOR STATISTICS, OVER THE PRIOR FIVE YEARS.
   §  2.  The  opening 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 EIGHTY-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.