S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5428
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  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 chapter 3 of the laws of 2023, 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 DEVELOPMENTS 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 DEVELOP-
 MENTS 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  or
 she]  SUCH COMMISSIONER 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07880-01-5
              

 S. 5428                             2
 
 governing body of a municipality. Such governing body  may  request  the
 commissioner  to undertake the provision of such project. If the commis-
 sioner agrees to such undertaking [he or  she]  THEY  shall  notify  the
 local  governing  body  which shall appropriate sufficient moneys to pay
 the estimated amount of the municipal share. Such moneys shall be depos-
 ited 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 comp-
 troller as hereinbefore provided, and (b) all disbursements made  pursu-
 ant  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 commis-
 sioner 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.