S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    840
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the highway law, in relation to the percentage responsi-
   bility of the state for federally  assisted  projects;  and  to  amend
   chapter  329  of  the  laws of 1991 amending the state finance law and
   other laws relating to establishing the dedicated highway  and  bridge
   trust  fund and the dedicated mass transportation fund, in relation to
   the state share of municipal projects where the municipality  funds  a
   complete street design
 
   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 a chapter of the laws of 2022 amending the highway law relat-
 ing  to  complete street design features and funding of construction and
 improvements at a municipalities' expense, as  proposed  in  legislative
 bills numbers S. 3897 and A. 8936-A, 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 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  munici-
 palities  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 transportation 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04022-01-3
              

 S. 840                              2
 
 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,]
 provided, [further] HOWEVER, 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 under-
 take the provision of such project. If the commissioner agrees  to  such
 undertaking  he or she shall notify the local governing body which shall
 appropriate sufficient moneys to pay the estimated amount of the munici-
 pal 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 governing 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 disbursements made pursuant to this section  for  such  project.
 Any  surplus moneys shall be paid to such municipality on the warrant of
 the comptroller on vouchers therefor approved by the commissioner.  When
 the  work of such project has been completed and it is determined by the
 commissioner 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
 comptroller, 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.  Paragraphs (a) and (b) of section 15 of chapter 329 of the laws
 of 1991, amending the state finance  law  and  other  laws  relating  to
 establishing  the  dedicated highway and bridge trust fund and the dedi-
 cated mass transportation fund, as added by chapter 330 of the  laws  of
 1991, are amended to read as follows:
   (a)  for  federal  aid  municipal street and highway projects, munici-
 palities shall be eligible for repayment  of  nineteen  percent  of  the
 total  project  cost  when  the federal share is seventy-five percent of
 such total project cost, and fifteen percent of the total  project  cost
 when  the  federal  share  is  eighty percent of the total project cost.
 PROVIDED, HOWEVER, THAT 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  FUNDS A COMPLETE STREET DESIGN AS DEFINED IN SECTION THREE
 HUNDRED THIRTY-ONE OF THE HIGHWAY LAW  THAT  IS  SUFFICIENTLY  COMPLIANT
 WITH  SUCH  SECTION,  IN  THE  DETERMINATION  OF THE STATE DEPARTMENT OF
 TRANSPORTATION PURSUANT TO GUIDANCE  IT  MAKES  PUBLICLY  AVAILABLE,  AS
 SHALL WARRANT SUCH STATE SHARE.
   (b)  For  federal  aid municipal street and highway projects for which
 the federal share is fixed at other than seventy-five or eighty  percent
 of  the  total project cost, municipalities shall be eligible for repay-
 ment of eighty percent of the non-federal share of  such  total  project
 S. 840                              3
 
 cost.  PROVIDED, HOWEVER, THAT 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  FUNDS  A COMPLETE STREET DESIGN AS DEFINED IN SECTION
 THREE HUNDRED THIRTY-ONE OF THE HIGHWAY LAW THAT IS SUFFICIENTLY COMPLI-
 ANT WITH SUCH SECTION, IN THE DETERMINATION OF THE STATE  DEPARTMENT  OF
 TRANSPORTATION  PURSUANT  TO  GUIDANCE  IT  MAKES PUBLICLY AVAILABLE, AS
 SHALL WARRANT SUCH STATE SHARE.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2022 amending the highway law relat-
 ing to complete street design features and funding of  construction  and
 improvements  at  a  municipalities' expense, as proposed in legislative
 bills numbers S. 3897 and A. 8936-A, takes effect.