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A08936 Summary:

COSPNSRHunter, Seawright, Woerner, Dickens, Stern, Zinerman, Jacobson, Thiele, McMahon, Galef, Sillitti, Gottfried, Englebright, Simon, Rajkumar, Otis, Gonzalez-Rojas, Glick, Cruz, De Los Santos, Burgos, Carroll, Frontus, Epstein, Dinowitz, Lupardo, Griffin, Niou
Amd §80-b, Hway L
Increases state funding for construction and improvements by the department of transportation where the municipality agrees to fund a complete street design feature as a component of the project.
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A08936 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 19, 2022
          and  referred  to  the  Committee  on  Transportation   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to amend the highway law, in relation to complete street design
          features and funding of construction and  improvements  at  a  munici-
          palities' 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  section  3  of part A of chapter 57 of the laws of 2014, is
     3  amended to read as follows:
     4    1. In connection with the undertaking of any  project  for  which  the
     5  commissioner  is  authorized  to  use  moneys  of the federal government
     6  pursuant to the provisions of subdivision thirty-four-a of  section  ten
     7  and  section eighty of this chapter to assure the effective discharge of
     8  state responsibilities with respect to regional transportation needs, on
     9  highways, roads, streets, bicycle paths or pedestrian paths that are not
    10  on the state highway system, the commissioner shall submit such  project
    11  to  the governing body or bodies of the affected municipality or munici-
    12  palities together with estimates  of  costs  thereof.  If  such  project
    13  includes a municipal project, as that term is defined in accordance with
    14  article  thirteen  of  the  transportation  law, the state share of such
    15  municipal project shall also be included. If  such  project  includes  a
    16  project  affecting  a  highway, road, street, bicycle path or pedestrian
    17  path 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 state share shall be equal to
    20  eighty-seven and one-half percent of the difference  between  the  total
    21  project  cost and the federal assistance where, in conjunction with such
    22  project, the municipality  agrees  to  fund  a  complete  street  design
    23  feature  as defined in section three hundred thirty-one of this chapter,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8936--A                          2
     1  provided, [however] further, the commissioner  may  increase  the  state
     2  share  to  an  amount  equal  to  one  hundred percent of the difference
     3  between the total project cost and the federal assistance  where  he  or
     4  she  determines that the need for the project results substantially from
     5  actions undertaken pursuant to section ten  of  this  chapter.  No  such
     6  project  shall  proceed  without the approval of the governing body of a
     7  municipality. Such governing body may request the commissioner to under-
     8  take the provision of such project. If the commissioner agrees  to  such
     9  undertaking  he or she shall notify the local governing body which shall
    10  appropriate sufficient moneys to pay the estimated amount of the munici-
    11  pal share. Such moneys shall be deposited with the state comptroller who
    12  is authorized to receive and accept the same for the  purposes  of  such
    13  project,  subject  to the draft or requisition of the commissioner. When
    14  the work of such project has  been  completed,  the  commissioner  shall
    15  render  to the governing body of such municipality an itemized statement
    16  showing in full (a) the amount of money that has been deposited by  such
    17  municipality  with  the  state comptroller as hereinbefore provided, and
    18  (b) all disbursements made pursuant to this section  for  such  project.
    19  Any  surplus moneys shall be paid to such municipality on the warrant of
    20  the comptroller on vouchers therefor approved by the commissioner.  When
    21  the  work of such project has been completed and it is determined by the
    22  commissioner that the amount of the cost to be borne by the municipality
    23  is in excess of the amount deposited by such municipality with the state
    24  comptroller, the commissioner shall then notify the municipality of  the
    25  deficiency  of  funds. The municipality shall then within ninety days of
    26  the receipt of such notice, pay such amount to  the  state  comptroller.
    27  For  purposes  of  this section, the term "municipality" shall include a
    28  city, county, town, village or two  or  more  of  the  foregoing  acting
    29  jointly.
    30    §  2. This act shall take effect one year after it shall have become a
    31  law and shall apply to project agreements entered into on and after such
    32  date.
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