2023 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 or she 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 or
  she 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