The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8936--A
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced by M. of A. FAHY, HUNTER, SEAWRIGHT, WOERNER, DICKENS, STERN,
   ZINERMAN,  JACOBSON,  THIELE,  McMAHON,  GALEF,  SILLITTI,  GOTTFRIED,
   ENGLEBRIGHT, SIMON, RAJKUMAR, OTIS, GONZALEZ-ROJAS, GLICK -- read once
   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:
 
   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 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 munici-
 palities 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  transportation  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 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 STATE SHARE SHALL BE EQUAL TO
 EIGHTY-SEVEN AND ONE-HALF PERCENT OF THE DIFFERENCE  BETWEEN  THE  TOTAL
 PROJECT  COST AND THE FEDERAL ASSISTANCE WHERE, IN CONJUNCTION WITH SUCH
 PROJECT, THE MUNICIPALITY  AGREES  TO  FUND  A  COMPLETE  STREET  DESIGN
 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.

                                                            LBD10275-02-2
 A. 8936--A                          2
 
 provided, [however] FURTHER, 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  OR
 SHE  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
 undertaking  he OR SHE shall notify the local governing body which shall
 appropriate sufficient moneys to pay the estimated amount of the munici-
 pal 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 one year after it shall have become a
 law and shall apply to project agreements entered into on and after such
 date.