S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7901

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Transportation

AN ACT to amend the highway law, in relation to increasing reimbursement
  rates  paid by the state to cities for repair and maintenance of state
  arterials

  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 TWENTY-FIVE 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]  FIFTEEN
cents  per square yard of such pavement area where such pavement area is
located on any elevated bridge.
  S 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09387-01-9
              

A. 7901                             2

  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 TWENTY-FIVE cents
per square yard of the pavement area that is included in the state high-
way system according to the provisions of this section, and (b) an addi-
tional [ten] FIFTEEN cents per square yard of such pavement  area  where
such pavement area is located on any elevated bridge.
  S  3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.