Legislation
SECTION 10-C
Consolidated local highway assistance payments
Highway (HAY) CHAPTER 25, ARTICLE 2
§ 10-c. Consolidated local highway assistance payments. 1.
Notwithstanding any other provisions of this chapter or any other law,
and subject to an appropriation made therefor and in accordance with the
provisions of this section and with the rules and regulations
promulgated by the commissioner in connection therewith, on and after
the first day of April, nineteen hundred eighty-two, a consolidated
local highway assistance program is hereby established for the purpose
of making payments toward the construction, operation and/or maintenance
of highways, bridges and highway-railroad crossings that are not on the
state highway system. For purposes of this section, such program shall
apply to any county, city, town or village highway, bridge and/or
highway-railroad crossing within the state that is not on the state
highway system and not under the maintenance and/or operational
jurisdiction of the state. The commissioner shall promulgate all
necessary rules and regulations to carry out the program so that an
equitable distribution of aid shall be made for the construction,
operation and/or maintenance of any county, city, town and village
highways, bridges and highway-railroad crossings.
2. On or before the twenty-fifth day of April, June, September and
November of each state fiscal year commencing with the state fiscal year
beginning on April first, nineteen hundred eighty-four there shall be
distributed and paid to counties, cities, towns and villages an amount
equal to the moneys appropriated for the purposes of this section
divided by the number of payment dates in that state fiscal year. Such
amounts shall be distributed and paid pursuant to subdivision three of
this section.
3. Amounts shall be distributed for local highways, bridges and
highway-railroad crossings in accordance with the following three step
process:
(a) First, 41.40 percent of moneys so appropriated or authorized by
the legislature for distribution pursuant to this subdivision in any
fiscal year shall be distributed to New York city and to the counties
outside of New York city, fifty percent on the basis of their relative
shares of motor vehicle registration and fifty percent on the basis of
the relative shares of center line highway mileage, except interstate
and state highways, under the maintenance jurisdiction of the city of
New York and the several counties.
(b) Second, the balance of the moneys so appropriated or authorized by
the legislature for distribution pursuant to this subdivision in any
fiscal year shall be distributed among four jurisdictional systems based
on relative vehicle miles of travel as follows:
JURISDICTIONAL PERCENT OF
SYSTEM VEHICLE MILES OF TRAVEL
Cities 42.7
Counties 18.5
Villages 10.7
Towns 28.1
-----
Total 100.0
Within each jurisdictional system, the distribution made to each
municipality shall be based on the ratio of the number of lane miles
under the maintenance jurisdiction, except interstate and state
highways, of each municipality that is devoted to the movement of
traffic, excluding lanes devoted to the parking of vehicles, to the
total number of such lane miles under the operational jurisdiction,
except interstate and state highways, of all municipalities in the state
within each jurisdictional system.
(c) Third, the amounts distributed to each municipality in accordance
with paragraphs (a) and (b) of this subdivision shall be adjusted so
that such amounts will not be less than the "funding level" as defined
in subdivision five of this section for each such municipality. In order
to achieve the objectives of this paragraph, to the extent necessary the
amounts in excess of the funding levels to be distributed to each
municipality under paragraphs (a) and (b) hereof shall be reduced in
equal proportion.
4. (a) For each fiscal year commencing on and after April first,
nineteen hundred eighty-two and prior to April first, nineteen hundred
eighty-seven, amounts shall be distributed pursuant to an annual
appropriation from the local assistance account of the general fund of
thirty-four million dollars in accordance with the percentums
established in subdivision five of section two hundred thirty-two of the
transportation law.
(b) For each fiscal year set out in the schedule hereinbelow amounts
shall be distributed pursuant to an annual appropriation from the local
assistance account of the general fund in an amount set out in such
schedule for the corresponding state fiscal year. Each fiscal year
distribution shall be made in accordance with the per centums
established in subdivision five of section two hundred thirty-two of the
transportation law:
State Fiscal Year Appropriation
1987-88 $65,000,000
1988-89 $70,000,000
1989-90 $75,000,000
1990-91 $80,000,000
1991-92 $85,000,000
1992-93 $87,000,000
(c) Sub-allocations within each percentum shall be made in accordance
with the allocations established by the commissioner pursuant to chapter
three hundred sixty-nine of the laws of nineteen hundred seventy-nine.
(d) The amounts distributed pursuant to this subdivision shall be paid
in four equal payments on or before the twenty-fifth day of April, June,
September and November.
(e) Funds allocated for local street or highway projects under this
subdivision shall be used to undertake work on a project either with the
municipality's own forces or by contract, provided however, that
whenever the estimate for the construction contract work exceeds one
hundred thousand dollars but does not exceed three hundred fifty
thousand dollars such work must be performed either with the
municipality's own forces or by contract let by competitive bid in
accordance with the provisions of section one hundred three of the
general municipal law and provided further, however, that whenever the
estimate for the construction contract work exceeds three hundred fifty
thousand dollars such work must be performed by contract let by
competitive bid in accordance with the provisions of section one hundred
three of the general municipal law.
5. For amounts to be distributed pursuant to this section above the
funding level, as defined in this subdivision, received by any
municipality, such municipality shall use at least seventy-five percent
of such apportioned moneys for the construction, reconstruction or
improvement 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 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
apportionment, may be used for any highway purposes, except debt
service, including 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 attributable 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 highway 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.
6. On the first day of the third month following the end of its fiscal
year ending in nineteen hundred eighty-three and each succeeding fiscal
year, each municipality which has received five thousand dollars or more
in total funds paid pursuant to subdivision two or four of this section
during the preceding fiscal year shall certify to the commissioner,
pursuant to rules and regulations promulgated by the commissioner in
relation thereto, that the expenditure by such municipality in such
fiscal year of nonstate funds raised by the municipality for the
operation and maintenance (exclusive of capital construction) of its
highways, bridges and/or highway-railroad crossings was not reduced
below the level of the average of the previous two years. Provided,
however, that in calculating the expenditures and revenues of the
municipality to determine the local maintenance of effort for the fiscal
year being certified and the expenditure level of the average of the
previous two years, municipalities shall not be required to include the
amount of revenues and expenditures for operation and maintenance of its
highways, bridges, and/or highway-railroad crossings necessitated by any
unforeseen event for which the municipality was officially declared a
disaster area. Where a reduction in such spending or non-use has
occurred, the distributions above the funding level to such municipality
in the then-current state fiscal year shall be reduced by an amount
equivalent to the amount of such reduction or non-use, except that no
reduction to the funding level shall be taken for an amount caused by
any unforeseen event for which the municipality was officially declared
a disaster area. Municipalities not required to certify under this
section may continue such non-certifying status, with the approval of
the commissioner, if the apportionment to such municipality is increased
to more than five thousand dollars but less than seven thousand dollars
in any local fiscal year. For the purposes of this section, a
municipality shall mean a county, city, town or village or two or more
such jurisdictions acting jointly.
7. For any city, town, or village which consolidates or merges with
another municipality, the resulting successor government shall file with
the office of the state comptroller a certificate of any such
consolidation, merger and any accompanying dissolution. In the event
that the amount which would otherwise be apportioned to the individual
governments exceeds the amount which is payable to the successor
government pursuant to this section, such successor government shall
receive no less in consolidated local highway apportionments than the
predecessor governments would have received in the aggregate had the
merger or consolidation not occurred.
8. (a) For each fiscal year set out in the schedule hereinbelow
amounts shall be distributed pursuant to annual appropriation from the
local assistance account of the general fund in an amount set out in
such schedule for the corresponding state fiscal year:
State Fiscal Year Appropriation
1993-94 $72,652,000
1994-95 $72,652,000
1995-96 $72,652,000
1996-97 $72,652,000
(b) For each fiscal year set out in the schedule hereinbelow amounts
shall be distributed pursuant to annual appropriation from the dedicated
highway and bridge trust fund or by authorization by the legislature for
capital projects in an amount set out in such schedule for the
corresponding state fiscal year:
State Fiscal Year Appropriation
1993-94 $170,000,000
1994-95 $175,000,000
1995-96 $180,000,000
1996-97 $185,000,000
(c) The moneys appropriated or authorized in each fiscal year pursuant
to the schedules in paragraphs (a) and (b) of this subdivision shall be
distributed in accordance with the procedures contained in subdivisions
three and four of this section. The total of funds distributed in
accordance with the procedures in subdivision three of this section
shall equal one hundred forty-five million dollars in each fiscal year.
The balance of funds shall be distributed in accordance with the
procedures in subdivision four of this section. For purposes of
calculating distributions in accordance with subdivision three of this
section, the "funding level" shall be proportioned between amounts
distributed pursuant to paragraphs (a) and (b) of this subdivision.
Notwithstanding any other provisions of this chapter or any other law,
and subject to an appropriation made therefor and in accordance with the
provisions of this section and with the rules and regulations
promulgated by the commissioner in connection therewith, on and after
the first day of April, nineteen hundred eighty-two, a consolidated
local highway assistance program is hereby established for the purpose
of making payments toward the construction, operation and/or maintenance
of highways, bridges and highway-railroad crossings that are not on the
state highway system. For purposes of this section, such program shall
apply to any county, city, town or village highway, bridge and/or
highway-railroad crossing within the state that is not on the state
highway system and not under the maintenance and/or operational
jurisdiction of the state. The commissioner shall promulgate all
necessary rules and regulations to carry out the program so that an
equitable distribution of aid shall be made for the construction,
operation and/or maintenance of any county, city, town and village
highways, bridges and highway-railroad crossings.
2. On or before the twenty-fifth day of April, June, September and
November of each state fiscal year commencing with the state fiscal year
beginning on April first, nineteen hundred eighty-four there shall be
distributed and paid to counties, cities, towns and villages an amount
equal to the moneys appropriated for the purposes of this section
divided by the number of payment dates in that state fiscal year. Such
amounts shall be distributed and paid pursuant to subdivision three of
this section.
3. Amounts shall be distributed for local highways, bridges and
highway-railroad crossings in accordance with the following three step
process:
(a) First, 41.40 percent of moneys so appropriated or authorized by
the legislature for distribution pursuant to this subdivision in any
fiscal year shall be distributed to New York city and to the counties
outside of New York city, fifty percent on the basis of their relative
shares of motor vehicle registration and fifty percent on the basis of
the relative shares of center line highway mileage, except interstate
and state highways, under the maintenance jurisdiction of the city of
New York and the several counties.
(b) Second, the balance of the moneys so appropriated or authorized by
the legislature for distribution pursuant to this subdivision in any
fiscal year shall be distributed among four jurisdictional systems based
on relative vehicle miles of travel as follows:
JURISDICTIONAL PERCENT OF
SYSTEM VEHICLE MILES OF TRAVEL
Cities 42.7
Counties 18.5
Villages 10.7
Towns 28.1
-----
Total 100.0
Within each jurisdictional system, the distribution made to each
municipality shall be based on the ratio of the number of lane miles
under the maintenance jurisdiction, except interstate and state
highways, of each municipality that is devoted to the movement of
traffic, excluding lanes devoted to the parking of vehicles, to the
total number of such lane miles under the operational jurisdiction,
except interstate and state highways, of all municipalities in the state
within each jurisdictional system.
(c) Third, the amounts distributed to each municipality in accordance
with paragraphs (a) and (b) of this subdivision shall be adjusted so
that such amounts will not be less than the "funding level" as defined
in subdivision five of this section for each such municipality. In order
to achieve the objectives of this paragraph, to the extent necessary the
amounts in excess of the funding levels to be distributed to each
municipality under paragraphs (a) and (b) hereof shall be reduced in
equal proportion.
4. (a) For each fiscal year commencing on and after April first,
nineteen hundred eighty-two and prior to April first, nineteen hundred
eighty-seven, amounts shall be distributed pursuant to an annual
appropriation from the local assistance account of the general fund of
thirty-four million dollars in accordance with the percentums
established in subdivision five of section two hundred thirty-two of the
transportation law.
(b) For each fiscal year set out in the schedule hereinbelow amounts
shall be distributed pursuant to an annual appropriation from the local
assistance account of the general fund in an amount set out in such
schedule for the corresponding state fiscal year. Each fiscal year
distribution shall be made in accordance with the per centums
established in subdivision five of section two hundred thirty-two of the
transportation law:
State Fiscal Year Appropriation
1987-88 $65,000,000
1988-89 $70,000,000
1989-90 $75,000,000
1990-91 $80,000,000
1991-92 $85,000,000
1992-93 $87,000,000
(c) Sub-allocations within each percentum shall be made in accordance
with the allocations established by the commissioner pursuant to chapter
three hundred sixty-nine of the laws of nineteen hundred seventy-nine.
(d) The amounts distributed pursuant to this subdivision shall be paid
in four equal payments on or before the twenty-fifth day of April, June,
September and November.
(e) Funds allocated for local street or highway projects under this
subdivision shall be used to undertake work on a project either with the
municipality's own forces or by contract, provided however, that
whenever the estimate for the construction contract work exceeds one
hundred thousand dollars but does not exceed three hundred fifty
thousand dollars such work must be performed either with the
municipality's own forces or by contract let by competitive bid in
accordance with the provisions of section one hundred three of the
general municipal law and provided further, however, that whenever the
estimate for the construction contract work exceeds three hundred fifty
thousand dollars such work must be performed by contract let by
competitive bid in accordance with the provisions of section one hundred
three of the general municipal law.
5. For amounts to be distributed pursuant to this section above the
funding level, as defined in this subdivision, received by any
municipality, such municipality shall use at least seventy-five percent
of such apportioned moneys for the construction, reconstruction or
improvement 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 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
apportionment, may be used for any highway purposes, except debt
service, including 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 attributable 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 highway 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.
6. On the first day of the third month following the end of its fiscal
year ending in nineteen hundred eighty-three and each succeeding fiscal
year, each municipality which has received five thousand dollars or more
in total funds paid pursuant to subdivision two or four of this section
during the preceding fiscal year shall certify to the commissioner,
pursuant to rules and regulations promulgated by the commissioner in
relation thereto, that the expenditure by such municipality in such
fiscal year of nonstate funds raised by the municipality for the
operation and maintenance (exclusive of capital construction) of its
highways, bridges and/or highway-railroad crossings was not reduced
below the level of the average of the previous two years. Provided,
however, that in calculating the expenditures and revenues of the
municipality to determine the local maintenance of effort for the fiscal
year being certified and the expenditure level of the average of the
previous two years, municipalities shall not be required to include the
amount of revenues and expenditures for operation and maintenance of its
highways, bridges, and/or highway-railroad crossings necessitated by any
unforeseen event for which the municipality was officially declared a
disaster area. Where a reduction in such spending or non-use has
occurred, the distributions above the funding level to such municipality
in the then-current state fiscal year shall be reduced by an amount
equivalent to the amount of such reduction or non-use, except that no
reduction to the funding level shall be taken for an amount caused by
any unforeseen event for which the municipality was officially declared
a disaster area. Municipalities not required to certify under this
section may continue such non-certifying status, with the approval of
the commissioner, if the apportionment to such municipality is increased
to more than five thousand dollars but less than seven thousand dollars
in any local fiscal year. For the purposes of this section, a
municipality shall mean a county, city, town or village or two or more
such jurisdictions acting jointly.
7. For any city, town, or village which consolidates or merges with
another municipality, the resulting successor government shall file with
the office of the state comptroller a certificate of any such
consolidation, merger and any accompanying dissolution. In the event
that the amount which would otherwise be apportioned to the individual
governments exceeds the amount which is payable to the successor
government pursuant to this section, such successor government shall
receive no less in consolidated local highway apportionments than the
predecessor governments would have received in the aggregate had the
merger or consolidation not occurred.
8. (a) For each fiscal year set out in the schedule hereinbelow
amounts shall be distributed pursuant to annual appropriation from the
local assistance account of the general fund in an amount set out in
such schedule for the corresponding state fiscal year:
State Fiscal Year Appropriation
1993-94 $72,652,000
1994-95 $72,652,000
1995-96 $72,652,000
1996-97 $72,652,000
(b) For each fiscal year set out in the schedule hereinbelow amounts
shall be distributed pursuant to annual appropriation from the dedicated
highway and bridge trust fund or by authorization by the legislature for
capital projects in an amount set out in such schedule for the
corresponding state fiscal year:
State Fiscal Year Appropriation
1993-94 $170,000,000
1994-95 $175,000,000
1995-96 $180,000,000
1996-97 $185,000,000
(c) The moneys appropriated or authorized in each fiscal year pursuant
to the schedules in paragraphs (a) and (b) of this subdivision shall be
distributed in accordance with the procedures contained in subdivisions
three and four of this section. The total of funds distributed in
accordance with the procedures in subdivision three of this section
shall equal one hundred forty-five million dollars in each fiscal year.
The balance of funds shall be distributed in accordance with the
procedures in subdivision four of this section. For purposes of
calculating distributions in accordance with subdivision three of this
section, the "funding level" shall be proportioned between amounts
distributed pursuant to paragraphs (a) and (b) of this subdivision.