S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3783
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the highway law, in relation  to  authorizing  park-and-
   ride  development  as construction or improvement by the department of
   transportation partly at municipal 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 chapter 794 of the laws  of  2022,  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, OR PARK-
 AND-RIDE  DEVELOPMENTS  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 municipalities 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 transporta-
 tion 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,  OR  PARK-AND-RIDE  DEVELOP-
 MENTS 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
 feature  as defined in section three hundred thirty-one of this chapter,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04479-01-3
              

 A. 3783                             2
 
 provided, 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 undertake  the  provision
 of  such  project.  If the commissioner agrees to such undertaking he or
 she shall notify the local governing body which shall appropriate suffi-
 cient moneys to pay the estimated amount of the municipal 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 govern-
 ing  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 disburse-
 ments made pursuant to this section  for  such  project.    Any  surplus
 moneys  shall  be  paid to such municipality on the warrant of the comp-
 troller on vouchers therefor approved by the commissioner. When the work
 of such project has been completed and it is determined by  the  commis-
 sioner 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 comp-
 troller,  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 immediately; provided,  however,  that
 if  chapter  794  of  the laws of 2022 shall not have taken effect on or
 before such date then section one of this act shall take effect  on  the
 same  date  and  in  the same manner as such chapter of the laws of 2022
 takes effect.