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S4048Senate2019-2020 SessionSame asA5990

Increase City Highway Payments

Official title

“Relates to the rate paid by the state to a city for maintenance and repair of highways”

Sponsor Timothy M. KennedySD-63+3 co-sponsorsAffects Finance
Status
Vetoed
Impact
6/10
Moderate
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill increases state payments to cities for highway maintenance and repair and ties future rates to regional inflation.

Why it matters

  1. Increases state funding for local highway maintenance. The bill raises the per-square-yard payment from the state to cities for maintaining eligible highways from $0.85 to $1.87, and for elevated bridge pavement from $0.10 to $0.20, reflecting a significant funding boost that could help cities better address road repairs and infrastructure needs.

  2. Links future payments to regional inflation. By tying annual payment increases to the Consumer Price Index (CPI-U) for the NY-NJ-CT-PA region over the prior five years, the legislation ensures that funding keeps pace with rising construction and maintenance costs, helping protect city budgets from being eroded by inflation.

  3. Encourages more sustainable infrastructure planning. With more predictable and inflation-adjusted funding, cities may be able to better plan for long-term highway maintenance, potentially leading to less deferred maintenance, better road conditions, and improved safety for drivers and pedestrians.

  4. Targets high-cost urban areas. Because the CPI-U used is specific to the New York metropolitan region, the adjustment mechanism is tailored to the actual cost environment cities face, rather than using a national average, making the funding more responsive to local economic pressures.

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Who cares

Headline styles

Increase City Highway Payments

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

History

  1. Vetoed memo.146
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.546
  6. Substituted for A5990A
  7. Referred to ways and means
  8. Delivered to assembly
  9. Passed senateVote 62–0
  10. Ordered to third reading cal.1544
  11. Committee discharged and committed to rules
  12. Reported and committed to finance
Show 3 earlier actions
  1. Print number 4048a
  2. Amend and recommit to transportation
  3. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5990Assembly

Raise City Road Maintenance Payments

Assembly Floor Calendar · Sponsor Nily Rozic

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 4048--A A. 5990--A

2019-2020 Regular Sessions

SENATE - ASSEMBLY

February 26, 2019

IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. ROZIC, ABBATE, BLAKE, CRESPO, CUSICK, LAWRENCE, OTIS, MAGNARELLI, LIFTON, PAULIN, SIMON, QUART, RYAN, SEAWRIGHT, MOSLEY, SCHIMMINGER, LUPARDO, HUNTER, TAYLOR, PALMES- ANO, CROUCH -- 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 the rate paid by the state to a city for maintenance and repair of highways

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The opening paragraph of subdivision 5-a of section 340-b of the highway law, as amended by chapter 30 of the laws of 1987, is amended to read as follows:

The commissioner of transportation and the city of New York, acting through the mayor or other administrative head thereof, pursuant to a resolution of the governing body of such city, are authorized to enter into a written agreement for the maintenance and repair, under the supervision and subject to the approval of the commissioner of transportation, of any state interstate highway or portion thereof, exclusive of service roads and pavement on intersecting street bridges, which is within the boundaries of such city and which is now or which shall hereafter be designated in section three hundred forty-a of this [chapter] article and which has been constructed or which shall have been constructed as authorized by section three hundred forty-a of this [chapter] article. Such agreement may provide that the state shall pay annually to such city a sum to be computed at the rate of (a) not more

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01121-03-9

S. 4048--A 2 A. 5990--A

than [eighty-five] one dollar and eighty-seven cents per square yard of the pavement area that is included in the state highway system according to the provisions of this section, and (b) an additional [ten] twenty cents per square yard of such pavement area where such pavement area is located on any elevated bridge, such rate shall be increased in each year of the agreement by the percentage change in the consumer price index for all urban consumers (CPI-U), New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, as published by the United States department of labor bureau of labor statistics, over the prior five years.

§ 2. The opening paragraph of subdivision 7 of section 349-c of the highway law, as amended by chapter 30 of the laws of 1987, is amended to read as follows:

The commissioner of transportation and any city named in this article, acting through the mayor or other administrative head thereof, pursuant to a resolution of the governing body of such city except the city of New York, are authorized to enter into a written agreement for the maintenance and repair, under the supervision and subject to the approval of the commissioner, of any public street, main route or thoroughfare or portion thereof, exclusive of service roads and pavement on intersecting street bridges, which is within the boundaries of such city and which is now or which shall hereafter be designated in this article and which has been constructed or which shall have been constructed as authorized by [articles] this article and article four [and twelve-B] of this chapter and with grants made available by the federal government pursuant to the federal aid highway act of nineteen hundred forty-four, being public law five hundred twenty-one of the seventy-eighth congress, chapter six hundred twenty-six, second session, as approved on the twentieth day of December, nineteen hundred forty-four. Such agreement may provide that the state shall pay annually to such city a sum to be computed at the rate of (a) not more than [eighty-five] one dollar and eighty-seven cents per square yard of the pavement area that is included in the state highway system according to the provisions of this section, and (b) an additional [ten] twenty cents per square yard of such pavement area where such pavement area is located on any elevated bridge, such rate shall be increased in each year of the agreement by the percentage change in the consumer price index for all urban consumers (CPI-U), New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, as published by the United States department of labor bureau of labor statistics, over the prior five years.

§ 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the highway law, in relation to the rate paid by the state to a city for maintenance and repair of highways

Purpose

To increase the rate used by the state when reimbursing municipalities for maintenance of the state and highway system within city borders.

Summary of specific provisions

Section I amends subdivision 5-a of section 340-b of the highway law to increase the rate used by the state when reimbursing municipalities for maintenance of the state and highway system within city borders. The rate would be raised to one dollar and eighty-seven cents from eighty- five cents per square yard of the pavement area that is included in the state highway system. The rate would also be raised from ten cents to twenty cents per square yard of such pavement area where such pavement area is located on any elevated bridge.

Section II amends subdivision 7 of section 349-c to provide for the rate to be increased each year by the percentage change in the consumer price index for all urban consumers (CPI-U), New York-Northern New Jersey-Long Island, NY-NJ-CT-PA, as published by the United States department of labor bureau of labor statistics, over the prior five years.

Section III sets forth the effective date.

Justification

Over the last 50 years, the State has delegated responsibility to muni- cipalities to maintain state highways within city borders. The current reimbursement rate covers only 55 percent of the actual costs that muni- cipalities throughout the State bear for the cost of highway mainte- nance, which includes, among other items, guide rail and fence repair, impact attenuator repair, and pothole maintenance. This maintenance is essential for a safe ride on our highways.

Since 1987, the State has reimbursed cities at a rate of eighty-five cents per square yard of pavement, with no adjustments for inflation. Cities throughout the State would benefit from raising this rate to one dollar and seventy-seven cents per square yard, a rate reflecting the Consumer Price Index (CPI-U) increase. To ensure that the reimbursement rate keeps up with inflation, this bill would also require that the rate be indexed annually to CPI-U.

Legislative history

2018:A10585(Rozic)- Transportation 2017:A10585(Rozic)- Transportation 2016:A10585(Rozic)- Transportation

Fiscal impact on state

To be determined.

Effective date

This act shall take effect on the first of April next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.