Increases state funding for construction and improvements by the department of transportation where the municipality agrees to fund a complete street design feature as a component of the project.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8936A
SPONSOR: Fahy TITLE OF BILL:
An act to amend the highway law, in relation to complete street design
features and funding of construction and improvements at a munici-
palities' expense
PURPOSE OR GENERAL IDEA OF BILL:
To amend the highway law, in relation to complete street design features
and funding of construction and improvements at municipalities' expense.
SUMMARY OF PROVISIONS:
Section 1 adds language to section 80-b of the highway law to change the
percentage responsibility of the State for federally assisted projects.
The State would be.responsible for eighty-two and one-half percent of
total project costs if a municipality agrees to incorporate complete
street design features, as defined in section three-hundred thirty-one
of chapter fifty-seven of the highway law, at such a municipalities' own
expense. This would reduce a municipalities' percentage responsibility
from five percent to two and one-half percent of the total project cost.
Section 2 sets the effective date.
JUSTIFICATION:
Current federal regulations requiring complete streets features on new
transportation projects largely exempt most highway projects in New
York, because reviews for the incorporation of complete streets features
(such as pedestrian crosswalks, sidewalks, and bike lanes) are only
required for certain large, intensive new construction projects. Since
New York and many states in the Northeast already have a built-out
network of highways and roads, complete street reviews are conducted
only in limited circumstances. This bill aims to remedy this problem,
which has stymied the walkability and bike-friendliness of communities
in upstate New York and on Long Island, by creating an incentive for
municipalities to construct these features, which can sometimes be
prohibitively expensive. By reducing the project cost responsibility of
municipalities which agree to incorporate complete street features to
half of its current level, incorporating these features will become
significantly more accessible to communities around New-York to the
benefit of the elderly, disabled, and small businesses that benefit from
greater foot traffic.
LEGISLATIVE HISTORY:
A6454 of 2019-20
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8936--A
IN ASSEMBLY
January 19, 2022
___________
Introduced by M. of A. FAHY, HUNTER, SEAWRIGHT, WOERNER, DICKENS, STERN,
ZINERMAN, JACOBSON, THIELE, McMAHON, GALEF, SILLITTI, GOTTFRIED,
ENGLEBRIGHT, SIMON, RAJKUMAR, OTIS, GONZALEZ-ROJAS, GLICK -- read once
and referred to the Committee on Transportation -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the highway law, in relation to complete street design
features and funding of construction and improvements at a munici-
palities' expense
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 80-b of the highway law, as
2 amended by section 3 of part A of chapter 57 of the laws of 2014, is
3 amended to read as follows:
4 1. In connection with the undertaking of any project for which the
5 commissioner is authorized to use moneys of the federal government
6 pursuant to the provisions of subdivision thirty-four-a of section ten
7 and section eighty of this chapter to assure the effective discharge of
8 state responsibilities with respect to regional transportation needs, on
9 highways, roads, streets, bicycle paths or pedestrian paths that are not
10 on the state highway system, the commissioner shall submit such project
11 to the governing body or bodies of the affected municipality or munici-
12 palities together with estimates of costs thereof. If such project
13 includes a municipal project, as that term is defined in accordance with
14 article thirteen of the transportation law, the state share of such
15 municipal project shall also be included. If such project includes a
16 project affecting a highway, road, street, bicycle path or pedestrian
17 path not on the state highway system, the state share shall be equal to
18 eighty percent of the difference between the total project cost and the
19 federal assistance, provided, however, the state share shall be equal to
20 eighty-seven and one-half percent of the difference between the total
21 project cost and the federal assistance where, in conjunction with such
22 project, the municipality agrees to fund a complete street design
23 feature as defined in section three hundred thirty-one of this chapter,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10275-02-2
A. 8936--A 2
1 provided, [however] further, the commissioner may increase the state
2 share to an amount equal to one hundred percent of the difference
3 between the total project cost and the federal assistance where he or
4 she determines that the need for the project results substantially from
5 actions undertaken pursuant to section ten of this chapter. No such
6 project shall proceed without the approval of the governing body of a
7 municipality. Such governing body may request the commissioner to under-
8 take the provision of such project. If the commissioner agrees to such
9 undertaking he or she shall notify the local governing body which shall
10 appropriate sufficient moneys to pay the estimated amount of the munici-
11 pal share. Such moneys shall be deposited with the state comptroller who
12 is authorized to receive and accept the same for the purposes of such
13 project, subject to the draft or requisition of the commissioner. When
14 the work of such project has been completed, the commissioner shall
15 render to the governing body of such municipality an itemized statement
16 showing in full (a) the amount of money that has been deposited by such
17 municipality with the state comptroller as hereinbefore provided, and
18 (b) all disbursements made pursuant to this section for such project.
19 Any surplus moneys shall be paid to such municipality on the warrant of
20 the comptroller on vouchers therefor approved by the commissioner. When
21 the work of such project has been completed and it is determined by the
22 commissioner that the amount of the cost to be borne by the municipality
23 is in excess of the amount deposited by such municipality with the state
24 comptroller, the commissioner shall then notify the municipality of the
25 deficiency of funds. The municipality shall then within ninety days of
26 the receipt of such notice, pay such amount to the state comptroller.
27 For purposes of this section, the term "municipality" shall include a
28 city, county, town, village or two or more of the foregoing acting
29 jointly.
30 § 2. This act shall take effect one year after it shall have become a
31 law and shall apply to project agreements entered into on and after such
32 date.
