S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3529
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 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 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
 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.
              

                                                            LBD03410-01-1

 S. 3529                             2
 
   § 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.