2006 New York Code - 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 or  streets
  that   are  not  on  the  state  highway  system,  the  commissioner  of
  transportation 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 or street 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. Except
  for individual projects where the non-federal share of a federally aided
  municipal project is less than five thousand dollars, no state or  local
  shares  of municipal streets and highways projects shall be payable from
  the non-fiduciary funds of the capital projects budget of the department
  of transportation. 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