2006 New York Code - Approval Of Projects.

 
    § 235. Approval  of  projects. 1. Rail preservation or local street or
  highway projects shall be undertaken pursuant to this article only  with
  the  approval of the commissioner, and in the case of municipal projects
  for rail preservation, or local street or highway projects, pursuant  to
  an approved contract for state assistance.
    2.  In  reviewing  rail  preservation projects, the commissioner shall
  give due consideration to:
    a. the urgency of the need for preserving or  improving  commuter  and
  intercity rail passenger and rail freight services;
    b.  the  age  and  condition  of the railroad capital facilities to be
  acquired, reconstructed or improved by the project;
    c. the economic feasibility of maintaining or improving  commuter  and
  intercity  rail  passenger  or  rail freight services in relation to the
  project; and
    d. whether the project is part of, or consistent with,  the  statewide
  comprehensive master plan for transportation.
    3.  In  reviewing  local  street or highway projects, the commissioner
  shall give due consideration to:
    a. the urgency of the need for preservation and  improving  the  local
  street,  highway  or  bridge  in order to make it more energy efficient,
  safer and economical to maintain and operate; and
    b. whether the project is part of, or consistent with,  the  statewide
  comprehensive master plan for transportation.
    4. With respect to any municipal rail preservation project, or a local
  street  or highway project, the state may finance the total cost thereof
  or such lesser amount as may be set forth in the appropriation or as may
  be established by the legislature by  legislative  act  or  by  the  the
  commissioner  pursuant  to  contract.  In  the  event  no local share is
  specified in the appropriation of funds for the local street or  highway
  projects  or  by  another  act  of the legislature, then the local share
  shall be determined by the commissioner on the same basis  and  criteria
  utilized for the safer off system road program.