N.Y. Highway Law § 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