STATE OF NEW YORK ________________________________________________________________________ 4865 2023-2024 Regular Sessions IN ASSEMBLY February 24, 2023 ___________ Introduced by M. of A. McDONALD, ROZIC -- read once and referred to the Committee on Transportation AN ACT to amend the highway law, in relation to the rate paid by the state to a city for maintenance and repair of highways The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 5-a of section 340-b 2 of the highway law, as amended by chapter 30 of the laws of 1987, is 3 amended to read as follows: 4 The commissioner of transportation and the city of New York, acting 5 through the mayor or other administrative head thereof, pursuant to a 6 resolution of the governing body of such city, are authorized to enter 7 into a written agreement for the maintenance and repair, under the 8 supervision and subject to the approval of the commissioner of transpor- 9 tation, of any state interstate highway or portion thereof, exclusive of 10 service roads and pavement on intersecting street bridges, which is 11 within the boundaries of such city and which is now or which shall here- 12 after be designated in section three hundred forty-a of this [chapter] 13 article and which has been constructed or which shall have been 14 constructed as authorized by section three hundred forty-a of this 15 [chapter] article. Such agreement may provide that the state shall pay 16 annually to such city a sum to be computed at the rate of (a) not more 17 than [eighty-five] two dollar and twenty-four cents per square yard of 18 the pavement area that is included in the state highway system according 19 to the provisions of this section, and (b) an additional [ten] twenty 20 cents per square yard of such pavement area where such pavement area is 21 located on any elevated bridge, such rate shall be increased in each 22 year of the agreement by the percentage change in the consumer price 23 index for all urban consumers (CPI-U), New York-Northern New Jersey-Long 24 Island, NY-NJ-CT-PA, as published by the United States department of 25 labor bureau of labor statistics, over the prior five years. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02601-02-3
A. 4865 2 1 § 2. The opening paragraph of subdivision 7 of section 349-c of the 2 highway law, as amended by chapter 30 of the laws of 1987, is amended to 3 read as follows: 4 The commissioner of transportation and any city named in this article, 5 acting through the mayor or other administrative head thereof, pursuant 6 to a resolution of the governing body of such city except the city of 7 New York, are authorized to enter into a written agreement for the main- 8 tenance and repair, under the supervision and subject to the approval of 9 the commissioner, of any public street, main route or thoroughfare or 10 portion thereof, exclusive of service roads and pavement on intersecting 11 street bridges, which is within the boundaries of such city and which is 12 now or which shall hereafter be designated in this article and which has 13 been constructed or which shall have been constructed as authorized by 14 [articles] this article and article four [and twelve-B] of this chapter 15 and with grants made available by the federal government pursuant to the 16 federal aid highway act of nineteen hundred forty-four, being public law 17 five hundred twenty-one of the seventy-eighth congress, chapter six 18 hundred twenty-six, second session, as approved on the twentieth day of 19 December, nineteen hundred forty-four. Such agreement may provide that 20 the state shall pay annually to such city a sum to be computed at the 21 rate of (a) not more than [eighty-five] two dollar and twenty-four cents 22 per square yard of the pavement area that is included in the state high- 23 way system according to the provisions of this section, and (b) an addi- 24 tional [ten] twenty cents per square yard of such pavement area where 25 such pavement area is located on any elevated bridge, such rate shall be 26 increased in each year of the agreement by the percentage change in the 27 consumer price index for all urban consumers (CPI-U), New York-Northern 28 New Jersey-Long Island, NY-NJ-CT-PA, as published by the United States 29 department of labor bureau of labor statistics, over the prior five 30 years. 31 § 3. This act shall take effect on the first of April next succeeding 32 the date on which it shall have become a law.