2006 New York Code - Expenses Of Elimination; Approval And Payment; Costs Of Railroad Improvements.

 
    § 223. Expenses   of  elimination;  approval  and  payment;  costs  of
  railroad improvements.  The  expense  of  every  highway-railroad  grade
  crossing  elimination  project constructed pursuant to the provisions of
  this article, including incidental improvements connected therewith,  as
  determined  by  the commissioner to be necessary or desirable because of
  the  elimination  and  reasonably  included  in  the  plans   for   such
  elimination  and  railroad  improvements  not  an  essential part of the
  elimination but desired by the railroad company, shall be  paid  in  the
  first instance out of the state treasury to the persons and corporations
  entitled thereto from time to time on accountings and vouchers, approved
  by  the  commissioner,  upon  audit and warrant of the comptroller. Such
  expense  shall  be  deemed  to  include  any  reasonable  and  necessary
  expenditures   by  a  railroad  company,  state  department,  agency  or
  commission,  public  authority  or  municipality  and   found   by   the
  commissioner  to  have been made in contemplation of the commencement of
  construction of an elimination project under  the  provisions  of  grade
  crossing  elimination  acts  in  effect on the date of enactment of this
  article.  Where  a  railroad  company,  state  department,   agency   or
  commission,  public  authority  or  municipality  has been authorized to
  incur and has incurred any expense in connection with a highway-railroad
  grade crossing elimination, it shall file a statement thereof  with  the
  commissioner.  The  commissioner  shall  determine  if such expenses are
  reasonable  and  necessary  for  the  elimination  or   for   incidental
  improvements  made  necessary or desirable thereby and, to the extent so
  determined, they shall be paid by the state  to  the  party  or  parties
  entitled thereto and included in the cost of the project.
    There  shall  also be included in the cost of the project all expenses
  incurred by  the  commissioner  in  determining  the  cost  of  railroad
  improvements  not an essential part of an elimination and in determining
  the  amount  of  the  net  benefits  to  a  railroad  company  from  the
  elimination.  Such expenses of the commissioner shall be paid out of the
  state  treasury  to  the  persons  entitled thereto from time to time in
  accordance with a schedule approved by the director of the budget and on
  accountings and vouchers, approved by the commissioner, upon  audit  and
  warrant  of the comptroller, and any moneys available for the payment of
  the cost of the elimination in connection with which such  expenses  are
  incurred shall be available for the payment of such expenses.
    Upon  the completion and acceptance of the work of the elimination the
  commissioner shall hold a public hearing upon due notice to the railroad
  company affected by the project and all  other  interested  parties  and
  thereupon  shall  determine  (1)  the cost of such elimination including
  incidental improvements  connected  therewith;  (2)  the  cost  of  such
  elimination  exclusive  of such incidental improvements; (3) the cost of
  the railroad improvements not an essential part of the elimination;  (4)
  the  amount  of  the  net  benefit  to  the  railroad  company  from the
  elimination exclusive of such railroad improvements; and (5) if  two  or
  more railroad companies be affected, the proportionate share of such net
  benefit to be borne by each.
    The  liability  of  any  railroad company to the state for the cost of
  railroad improvements not an essential part of the elimination  and  for
  the  amount  of the net benefit to such company from the elimination may
  be compromised and settled by an agreement in writing with such company,
  entered into, on behalf of the  state,  by  the  commissioner  with  the
  written  approval  of  the comptroller and the attorney-general. Such an
  agreement  shall  have  the  same  effect  as  a  determination  by  the
  commissioner hereinbefore provided for.
    The  comptroller  may  require the accounts of the railroad companies,
  state  departments,  agencies  or  commissions,  public  authorities  or
  municipalities  having  to  do  with  expenditures  made  on  account of
  highway-railroad grade crossing elimination projects be kept in a manner
  to be prescribed by him.