S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4865
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by M. of A. McDONALD, ROZIC -- 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] TWO DOLLAR AND TWENTY-FOUR 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.
                                                            LBD02601-02-3
              

 A. 4865                             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] TWO DOLLAR AND TWENTY-FOUR cents
 per square yard of the pavement area that is included in the state high-
 way system according to the provisions of this section, and (b) an addi-
 tional [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.