New York Laws
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 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 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.

* NB Effective until December 28, 2023

* 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.

* NB Effective December 28, 2023

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