§ 80-B — Construction or improvement by the department of transportation partly at municipal expense

§ 80-b. Construction or improvement by the department of\ntransportation partly at municipal expense. 1. In connection with the\nundertaking of any project for which the commissioner is authorized to\nuse moneys of the federal government pursuant to the provisions of\nsubdivision thirty-four-a of section ten and section eighty of this\nchapter to assure the effective discharge of state responsibilities with\nrespect to regional transportation needs, on highways, roads, streets,\nbicycle paths or pedestrian paths that are not on the state highway\nsystem, the commissioner shall submit such project to the governing body\nor bodies of the affected municipality or municipalities together with\nestimates of costs thereof. If such project includes a municipal\nproject, as that term is defined in accordance with article thirteen of\nthe transportation law, the state share of such municipal project shall\nalso be included. If such project includes a project affecting a\nhighway, road, street, bicycle path or pedestrian path not on the state\nhighway system, the state share shall be equal to eighty percent of the\ndifference between the total project cost and the federal assistance,\nprovided, however, the commissioner may increase the state share to an\namount equal to one hundred percent of the difference between the total\nproject cost and the federal assistance where he or she determines that\nthe need for the project results substantially from actions undertaken\npursuant to section ten of this chapter. No such project shall proceed\nwithout the approval of the governing body of a municipality. Such\ngoverning body may request the commissioner to undertake the provision\nof such project. If the commissioner agrees to such undertaking he or\nshe shall notify the local governing body which shall appropriate\nsufficient moneys to pay the estimated amount of the municipal share.\nSuch moneys shall be deposited with the state comptroller who is\nauthorized to receive and accept the same for the purposes of such\nproject, subject to the draft or requisition of the commissioner. When\nthe work of such project has been completed, the commissioner shall\nrender to the governing body of such municipality an itemized statement\nshowing in full (a) the amount of money that has been deposited by such\nmunicipality with the state comptroller as hereinbefore provided, and\n(b) all disbursements made pursuant to this section for such project.\nAny surplus moneys shall be paid to such municipality on the warrant of\nthe comptroller on vouchers therefor approved by the commissioner. When\nthe work of such project has been completed and it is determined by the\ncommissioner that the amount of the cost to be borne by the municipality\nis in excess of the amount deposited by such municipality with the state\ncomptroller, the commissioner shall then notify the municipality of the\ndeficiency of funds. The municipality shall then within ninety days of\nthe receipt of such notice, pay such amount to the state comptroller.\nFor purposes of this section, the term "municipality" shall include a\ncity, county, town, village or two or more of the foregoing acting\njointly.\n 2. For each fiscal year set out in the schedule hereinbelow amounts\nshall be distributed pursuant to annual appropriation from the dedicated\nhighway and bridge trust fund or by authorization by the legislature for\nthe state share of municipal street and highway capital projects in an\namount set out in such schedule for the corresponding state fiscal year:\nState Fiscal Year Appropriation\n1993-94 $45,000,000\n1994-95 $35,000,000\n1995-96 $45,000,000\n1996-97 $35,000,000\n