Section 10-C. Consolidated local highway assistance payments

1.
  Notwithstanding any other provisions of this chapter or any  other  law,
  and subject to an appropriation made therefor and in accordance with the
  provisions   of   this  section  and  with  the  rules  and  regulations
  promulgated by the commissioner in connection therewith,  on  and  after
  the  first  day  of  April,  nineteen hundred eighty-two, a consolidated
  local highway assistance program is hereby established for  the  purpose
  of making payments toward the construction, operation and/or maintenance
  of  highways, bridges and highway-railroad crossings that are not on the
  state highway system. For purposes of this section, such  program  shall
  apply  to  any  county,  city,  town  or  village highway, bridge and/or
  highway-railroad crossing within the state that  is  not  on  the  state
  highway   system  and  not  under  the  maintenance  and/or  operational
  jurisdiction  of  the  state.  The  commissioner  shall  promulgate  all
  necessary  rules  and  regulations  to  carry out the program so that an
  equitable distribution of  aid  shall  be  made  for  the  construction,
  operation  and/or  maintenance  of  any  county,  city, town and village
  highways, bridges and highway-railroad crossings.
    2. On or before the twenty-fifth day of  April,  June,  September  and
  November of each state fiscal year commencing with the state fiscal year
  beginning  on  April  first, nineteen hundred eighty-four there shall be
  distributed and paid to counties, cities, towns and villages  an  amount
  equal  to  the  moneys  appropriated  for  the  purposes of this section
  divided by the number of payment dates in that state fiscal  year.  Such
  amounts  shall  be distributed and paid pursuant to subdivision three of
  this section.
    3. Amounts shall  be  distributed  for  local  highways,  bridges  and
  highway-railroad  crossings  in accordance with the following three step
  process:
    (a) First, 41.40 percent of moneys so appropriated  or  authorized  by
  the  legislature  for  distribution  pursuant to this subdivision in any
  fiscal year shall be distributed to New York city and  to  the  counties
  outside  of  New York city, fifty percent on the basis of their relative
  shares of motor vehicle registration and fifty percent on the  basis  of
  the  relative  shares  of center line highway mileage, except interstate
  and state highways, under the maintenance jurisdiction of  the  city  of
  New York and the several counties.
    (b) Second, the balance of the moneys so appropriated or authorized by
  the  legislature  for  distribution  pursuant to this subdivision in any
  fiscal year shall be distributed among four jurisdictional systems based
  on relative vehicle miles of travel as follows:
 
    JURISDICTIONAL                                             PERCENT OF
    SYSTEM                                         VEHICLE MILES OF TRAVEL
    Cities                                                        42.7
    Counties                                                      18.5
    Villages                                                      10.7
    Towns                                                         28.1
                                                                 -----
      Total                                                      100.0
 
    Within each jurisdictional  system,  the  distribution  made  to  each
  municipality  shall  be  based  on the ratio of the number of lane miles
  under  the  maintenance  jurisdiction,  except  interstate   and   state
  highways,  of  each  municipality  that  is  devoted  to the movement of
  traffic, excluding lanes devoted to the  parking  of  vehicles,  to  the
  total  number  of  such  lane  miles under the operational jurisdiction,

  except interstate and state highways, of all municipalities in the state
  within each jurisdictional system.
    (c)  Third, the amounts distributed to each municipality in accordance
  with paragraphs (a) and (b) of this subdivision  shall  be  adjusted  so
  that  such  amounts will not be less than the "funding level" as defined
  in subdivision five of this section for each such municipality. In order
  to achieve the objectives of this paragraph, to the extent necessary the
  amounts in excess of the  funding  levels  to  be  distributed  to  each
  municipality  under  paragraphs  (a)  and (b) hereof shall be reduced in
  equal proportion.
    4. (a) For each fiscal year  commencing  on  and  after  April  first,
  nineteen  hundred  eighty-two and prior to April first, nineteen hundred
  eighty-seven,  amounts  shall  be  distributed  pursuant  to  an  annual
  appropriation  from  the local assistance account of the general fund of
  thirty-four  million  dollars  in   accordance   with   the   percentums
  established in subdivision five of section two hundred thirty-two of the
  transportation law.
    (b)  For  each fiscal year set out in the schedule hereinbelow amounts
  shall be distributed pursuant to an annual appropriation from the  local
  assistance  account  of  the  general  fund in an amount set out in such
  schedule for the corresponding  state  fiscal  year.  Each  fiscal  year
  distribution   shall   be  made  in  accordance  with  the  per  centums
  established in subdivision five of section two hundred thirty-two of the
  transportation law:
 
      State Fiscal Year                                  Appropriation
          1987-88                                         $65,000,000
          1988-89                                         $70,000,000
          1989-90                                         $75,000,000
          1990-91                                         $80,000,000
          1991-92                                         $85,000,000
          1992-93                                         $87,000,000
 
    (c) Sub-allocations within each percentum shall be made in  accordance
  with the allocations established by the commissioner pursuant to chapter
  three hundred sixty-nine of the laws of nineteen hundred seventy-nine.
    (d) The amounts distributed pursuant to this subdivision shall be paid
  in four equal payments on or before the twenty-fifth day of April, June,
  September and November.
    (e)  Funds  allocated  for local street or highway projects under this
  subdivision shall be used to undertake work on a project either with the
  municipality's  own  forces  or  by  contract,  provided  however,  that
  whenever  the  estimate  for  the construction contract work exceeds one
  hundred thousand dollars such work must be performed by contract let  by
  competitive bid in accordance with the provisions of section one hundred
  three of the general municipal law.
    5.  For  amounts  to be distributed pursuant to this section above the
  funding  level,  as  defined  in  this  subdivision,  received  by   any
  municipality,  such municipality shall use at least seventy-five percent
  of such apportioned  moneys  for  the  construction,  reconstruction  or
  improvement   of   local   highways,   bridges  and/or  highway-railroad
  crossings, including right of way acquisition, preliminary  engineering,
  and  construction  supervision and inspection, where the service life of
  the project is at least ten years. Such moneys  made  available  may  be
  used  to  match  other  state  and federal funds made available for such
  projects  under  federal-aid  highway  acts.  The   remainder   of   the
  apportionment,  may  be  used  for  any  highway  purposes,  except debt
  service, including but not limited to, the acquisition of materials  and

  equipment  devoted  to  operation  and  maintenance  of  local highways,
  bridges and/or highway-railroad crossings and the payment of  any  costs
  directly  attributable  to  operation and maintenance of local highways,
  bridges  and/or  highway-railroad  crossings.  At  the discretion of the
  commissioner, the requirement  specified  in  this  subdivision  may  be
  waived  for  assistance  payments  in amounts of less than five thousand
  dollars. For purposes of this section "funding  level"  shall  mean  the
  average  amounts,  calculated  for  each municipality, received over two
  years ending March thirty-first, nineteen hundred  eighty-two  from  the
  provisions  of  the  town  highway improvement program, the distribution
  made by former section one hundred twelve of this chapter,  as  repealed
  by  section  twenty-one  of  the  transportation  systems assistance and
  financing act of 1981 of amounts collected  from  taxes  on  motor  fuel
  imposed   by   sections   two   hundred   eighty-four  and  two  hundred
  eighty-four-a of the tax  law  and  on  Diesel  motor  fuel  imposed  by
  sections  two  hundred  eighty-two-a and two hundred eighty-two-b of the
  tax law, and from motor vehicle fees collected from  residents  pursuant
  to  the  vehicle  and  traffic  law, and the distribution made by former
  section two hundred seventy-nine of this chapter, as repealed by section
  twenty-one of the transportation systems assistance and financing act of
  1981.
    6. On the first day of the third month following the end of its fiscal
  year ending in nineteen hundred eighty-three and each succeeding  fiscal
  year, each municipality which has received five thousand dollars or more
  in  total funds paid pursuant to subdivision two or four of this section
  during the preceding fiscal year  shall  certify  to  the  commissioner,
  pursuant  to  rules  and  regulations promulgated by the commissioner in
  relation thereto, that the expenditure  by  such  municipality  in  such
  fiscal  year  of  nonstate  funds  raised  by  the  municipality for the
  operation and maintenance (exclusive of  capital  construction)  of  its
  highways,  bridges  and/or  highway-railroad  crossings  was not reduced
  below the level of the average of  the  previous  two  years.  Provided,
  however,  that  in  calculating  the  expenditures  and  revenues of the
  municipality to determine the local maintenance of effort for the fiscal
  year being certified and the expenditure level of  the  average  of  the
  previous  two years, municipalities shall not be required to include the
  amount of revenues and expenditures for operation and maintenance of its
  highways, bridges, and/or highway-railroad crossings necessitated by any
  unforeseen event for which the municipality was  officially  declared  a
  disaster  area.  Where  a  reduction  in  such  spending  or non-use has
  occurred, the distributions above the funding level to such municipality
  in the then-current state fiscal year shall  be  reduced  by  an  amount
  equivalent  to  the  amount of such reduction or non-use, except that no
  reduction to the funding level shall be taken for an  amount  caused  by
  any  unforeseen event for which the municipality was officially declared
  a disaster area. Municipalities  not  required  to  certify  under  this
  section  may  continue  such non-certifying status, with the approval of
  the commissioner, if the apportionment to such municipality is increased
  to more than five thousand dollars but less than seven thousand  dollars
  in  any  local  fiscal  year.  For  the  purposes  of  this  section,  a
  municipality shall mean a county, city, town or village or two  or  more
  such jurisdictions acting jointly.
    7.  For  any  city, town, or village which consolidates or merges with
  another municipality, the resulting successor government shall file with
  the  office  of  the  state  comptroller  a  certificate  of  any   such
  consolidation,  merger  and  any  accompanying dissolution. In the event
  that the amount which would otherwise be apportioned to  the  individual
  governments  exceeds  the  amount  which  is  payable  to  the successor

  government pursuant to this section,  such  successor  government  shall
  receive  no  less  in consolidated local highway apportionments than the
  predecessor governments would have received in  the  aggregate  had  the
  merger or consolidation not occurred.
    8.  (a)  For  each  fiscal  year  set  out in the schedule hereinbelow
  amounts shall be distributed pursuant to annual appropriation  from  the
  local  assistance  account  of  the general fund in an amount set out in
  such schedule for the corresponding state fiscal year:
 
      State Fiscal Year                                  Appropriation
          1993-94                                         $72,652,000
          1994-95                                         $72,652,000
          1995-96                                         $72,652,000
          1996-97                                         $72,652,000
 
    (b) 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
  capital  projects  in  an  amount  set  out  in  such  schedule  for the
  corresponding state fiscal year:
 
      State Fiscal Year                                  Appropriation
          1993-94                                         $170,000,000
          1994-95                                         $175,000,000
          1995-96                                         $180,000,000
          1996-97                                         $185,000,000
 
    (c) The moneys appropriated or authorized in each fiscal year pursuant
  to the schedules in paragraphs (a) and (b) of this subdivision shall  be
  distributed  in accordance with the procedures contained in subdivisions
  three and four of this  section.  The  total  of  funds  distributed  in
  accordance  with  the  procedures  in  subdivision three of this section
  shall equal one hundred forty-five million dollars in each fiscal  year.
  The  balance  of  funds  shall  be  distributed  in  accordance with the
  procedures  in  subdivision  four  of  this  section.  For  purposes  of
  calculating  distributions  in accordance with subdivision three of this
  section, the "funding  level"  shall  be  proportioned  between  amounts
  distributed pursuant to paragraphs (a) and (b) of this subdivision.