Assembly Bill A10636

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10636
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
   read once and referred 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:
 
   Section  1.  Subdivision  1  of  section  80-b  of the highway law, as
 amended by section 3 of part A of chapter 57 of the  laws  of  2014,  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, OR PARK-
 AND-RIDE  DEVELOPMENT  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 municipalities 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 transporta-
 tion 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, OR PARK-AND-RIDE DEVELOPMENT
 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
 federal assistance, provided, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11425-01-1
 A. 10636                            2
 
 undertaking he shall notify the local governing body which shall  appro-
 priate  sufficient  moneys  to pay the estimated amount of the municipal
 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. This act shall take effect immediately.