S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    660
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced   by  M.  of  A.  ROZIC,  MAGNARELLI,  OTIS,  PAULIN,  SIMON,
   SEAWRIGHT,  LUPARDO,  HUNTER,  TAYLOR,  JACOBSON,  PALMESANO,  NORRIS,
   BYRNES, McDONOUGH -- read once and referred to the Committee on Trans-
   portation
 
 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.
                                                            LBD02601-01-3
              

 A. 660                              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.