STATE OF NEW YORK
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7701
IN SENATE
February 10, 2020
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Introduced by Sen. KENNEDY -- 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 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:
1 Section 1. The opening paragraph of subdivision 5-a of section 340-b
2 of the highway law, as amended by chapter 30 of the laws of 1987, is
3 amended to read as follows:
4 The commissioner of transportation and the city of New York, acting
5 through the mayor or other administrative head thereof, pursuant to a
6 resolution of the governing body of such city, are authorized to enter
7 into a written agreement for the maintenance and repair, under the
8 supervision and subject to the approval of the commissioner of transpor-
9 tation, of any state interstate highway or portion thereof, exclusive of
10 service roads and pavement on intersecting street bridges, which is
11 within the boundaries of such city and which is now or which shall here-
12 after be designated in section three hundred forty-a of this [chapter]
13 article and which has been constructed or which shall have been
14 constructed as authorized by section three hundred forty-a of this
15 [chapter] article. Such agreement may provide that the state shall pay
16 annually to such city a sum to be computed at the rate of (a) not more
17 than [eighty-five] one dollar and eighty-seven cents per square yard of
18 the pavement area that is included in the state highway system according
19 to the provisions of this section, and (b) an additional [ten] twenty
20 cents per square yard of such pavement area where such pavement area is
21 located on any elevated bridge, such rate shall be increased in each
22 year of the agreement by the percentage change in the consumer price
23 index for all urban consumers (CPI-U), New York-Northern New Jersey-Long
24 Island, NY-NJ-CT-PA, as published by the United States department of
25 labor bureau of labor statistics, over the prior five years.
26 § 2. The opening paragraph of subdivision 7 of section 349-c of the
27 highway law, as amended by chapter 30 of the laws of 1987, is amended to
28 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01121-04-9
S. 7701 2
1 The commissioner of transportation and any city named in this article,
2 acting through the mayor or other administrative head thereof, pursuant
3 to a resolution of the governing body of such city except the city of
4 New York, are authorized to enter into a written agreement for the main-
5 tenance and repair, under the supervision and subject to the approval of
6 the commissioner, of any public street, main route or thoroughfare or
7 portion thereof, exclusive of service roads and pavement on intersecting
8 street bridges, which is within the boundaries of such city and which is
9 now or which shall hereafter be designated in this article and which has
10 been constructed or which shall have been constructed as authorized by
11 [articles] this article and article four [and twelve-B] of this chapter
12 and with grants made available by the federal government pursuant to the
13 federal aid highway act of nineteen hundred forty-four, being public law
14 five hundred twenty-one of the seventy-eighth congress, chapter six
15 hundred twenty-six, second session, as approved on the twentieth day of
16 December, nineteen hundred forty-four. Such agreement may provide that
17 the state shall pay annually to such city a sum to be computed at the
18 rate of (a) not more than [eighty-five] one dollar and eighty-seven
19 cents per square yard of the pavement area that is included in the state
20 highway system according to the provisions of this section, and (b) an
21 additional [ten] twenty cents per square yard of such pavement area
22 where such pavement area is located on any elevated bridge, such rate
23 shall be increased in each year of the agreement by the percentage
24 change in the consumer price index for all urban consumers (CPI-U), New
25 York-Northern New Jersey-Long Island, NY-NJ-CT-PA, as published by the
26 United States department of labor bureau of labor statistics, over the
27 prior five years.
28 § 3. This act shall take effect on the first of April next succeeding
29 the date on which it shall have become a law.
