STATE OF NEW YORK
________________________________________________________________________
5428
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sen. SKOUFIS -- 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 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:
1 Section 1. Subdivision 1 of section 80-b of the highway law, as
2 amended by chapter 3 of the laws of 2023, is amended to read as follows:
3 1. In connection with the undertaking of any project for which the
4 commissioner is authorized to use moneys of the federal government
5 pursuant to the provisions of subdivision thirty-four-a of section ten
6 and section eighty of this chapter to assure the effective discharge of
7 state responsibilities with respect to regional transportation needs, on
8 highways, roads, streets, bicycle paths [or], pedestrian paths, or park-
9 and-ride developments that are not on the state highway system, the
10 commissioner shall submit such project to the governing body or bodies
11 of the affected municipality or municipalities together with estimates
12 of costs thereof. If such project includes a municipal project, as that
13 term is defined in accordance with article thirteen of the transporta-
14 tion law, the state share of such municipal project shall also be
15 included. If such project includes a project affecting a highway, road,
16 street, bicycle path [or], pedestrian path, or park-and-ride develop-
17 ments not on the state highway system, the state share shall be equal to
18 eighty percent of the difference between the total project cost and the
19 federal assistance, provided, however, the commissioner may increase the
20 state share to an amount equal to one hundred percent of the difference
21 between the total project cost and the federal assistance where [he or
22 she] such commissioner determines that the need for the project results
23 substantially from actions undertaken pursuant to section ten of this
24 chapter. No such project shall proceed without the approval of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07880-01-5
S. 5428 2
1 governing body of a municipality. Such governing body may request the
2 commissioner to undertake the provision of such project. If the commis-
3 sioner agrees to such undertaking [he or she] they shall notify the
4 local governing body which shall appropriate sufficient moneys to pay
5 the estimated amount of the municipal share. Such moneys shall be depos-
6 ited with the state comptroller who is authorized to receive and accept
7 the same for the purposes of such project, subject to the draft or
8 requisition of the commissioner. When the work of such project has been
9 completed, the commissioner shall render to the governing body of such
10 municipality an itemized statement showing in full (a) the amount of
11 money that has been deposited by such municipality with the state comp-
12 troller as hereinbefore provided, and (b) all disbursements made pursu-
13 ant to this section for such project. Any surplus moneys shall be paid
14 to such municipality on the warrant of the comptroller on vouchers
15 therefor approved by the commissioner. When the work of such project has
16 been completed and it is determined by the commissioner that the amount
17 of the cost to be borne by the municipality is in excess of the amount
18 deposited by such municipality with the state comptroller, the commis-
19 sioner shall then notify the municipality of the deficiency of funds.
20 The municipality shall then within ninety days of the receipt of such
21 notice, pay such amount to the state comptroller. For purposes of this
22 section, the term "municipality" shall include a city, county, town,
23 village or two or more of the foregoing acting jointly.
24 § 2. This act shall take effect immediately.
