NY Hwy L § 80-B (2021)
2021 New York Laws HAY - Highway Article 4 - Improvement With Federal Aid 80-B - Construction or Improvement by the Department of Transportation Partly at Municipal Expense.

§   80-b.   Construction   or   improvement   by   the  department  of   transportation partly at municipal expense.  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 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  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 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  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 undertake  the  provision   of such project. If the commissioner agrees to such undertaking he shall   notify  the  local  governing  body  which  shall appropriate sufficient   moneys to pay the estimated amount of the municipal 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. 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   the  state  share of municipal street and highway capital projects in an   amount set out in such schedule for the corresponding state fiscal year:    State Fiscal Year                                          Appropriation   1993-94                                                      $45,000,000   1994-95                                                      $35,000,000   1995-96                                                      $45,000,000   1996-97                                                      $35,000,000