Senate Bill S3544

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3544
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced  by Sen. BORRELLO -- 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  lowering  the  required
   service  life  threshold  for  consolidated  local  street and highway
   improvement program capital projects

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of  section  10-c  of the highway law, as
 amended by chapter 20 of the  laws  of  1983,  is  amended  to  read  as
 follows:
   5.  For  amounts  to be distributed pursuant to this section above the
 funding level, as defined in this subdivision, received by  any  munici-
 pality,  such  municipality  shall  use at least seventy-five percent of
 such apportioned moneys for the construction, reconstruction or improve-
 ment of  local  highways,  bridges  and/or  highway-railroad  crossings,
 including   right  of  way  acquisition,  preliminary  engineering,  and
 construction supervision and inspection, where the service life  of  the
 project  is at least [ten] FIVE years. Such moneys made available may be
 used to match other state and federal  funds  made  available  for  such
 projects under federal-aid highway acts. The remainder of the apportion-
 ment, may be used for any highway purposes, except debt service, includ-
 ing  but  not  limited  to,  the  acquisition of materials and equipment
 devoted to operation and maintenance of local highways,  bridges  and/or
 highway-railroad crossings and the payment of any costs directly attrib-
 utable  to  operation  and maintenance of local highways, bridges and/or
 highway-railroad crossings. At the discretion of the  commissioner,  the
 requirement  specified  in this subdivision may be waived for assistance
 payments in amounts of less than five thousand dollars. For purposes  of
 this  section "funding level" shall mean the average amounts, calculated
 for each municipality, received over  two  years  ending  March  thirty-
 first, nineteen hundred eighty-two from the provisions of the town high-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08081-01-5
              

 S. 3544                             2
 
 way  improvement  program,  the  distribution made by former section one
 hundred twelve of this chapter, as repealed by section twenty-one of the
 transportation systems assistance and financing act of 1981  of  amounts
 collected  from  taxes  on  motor  fuel  imposed by sections two hundred
 eighty-four and two hundred eighty-four-a of the tax law and  on  Diesel
 motor  fuel imposed by sections two hundred eighty-two-a and two hundred
 eighty-two-b of the tax law, and from motor vehicle fees collected  from
 residents  pursuant to the vehicle and traffic law, and the distribution
 made by former section two hundred  seventy-nine  of  this  chapter,  as
 repealed  by section twenty-one of the transportation systems assistance
 and financing act of 1981.
   § 2. This act shall take effect immediately.