2012 New York Consolidated Laws
HAY - Highway
Article 2 - (10 - 23*2) COMMISSIONER OF TRANSPORTATION
10-E - Additional special powers of the commissioner of transportation.

 
    §   10-e.   Additional   special   powers   of   the  commissioner  of
  transportation. 1. The commissioner of transportation,  subject  to  the
  approval  of  the  director of the budget, is hereby authorized to enter
  into a dedicated highway and bridge trust fund cooperative agreement  or
  agreements  with  the New York state thruway authority for the financing
  by such authority of disbursements made by the  state  for  any  of  the
  activities   authorized   pursuant   to   the   provisions   of  section
  eighty-nine-b of the state finance law, in any case  where  the  expense
  thereof  is paid in whole or in part by the state. Such disbursements by
  the state shall be recorded on  a  project  basis  and  referred  to  as
  "dedicated   highway   and   bridge  trust  fund  cooperative  agreement
  disbursements". Copies  of  such  agreement  shall  be  filed  with  the
  chairpersons  of  the  assembly  ways and means committee and the senate
  finance committee.
    2. The dedicated highway and bridge trust fund  cooperative  agreement
  or  agreements shall provide for dedicated highway and bridge trust fund
  cooperative agreement payments to the New York state thruway  authority,
  and  may  further  provide  for  necessary  instruments  of  transfer by
  quitclaim deed or otherwise, to the New  York  state  thruway  authority
  pursuant  to  subdivision  eight  of this section, of such real property
  interests that are held by the department in the name of the  people  of
  the  state for any of the activities undertaken under this section. Such
  dedicated  highway  and  bridge  trust  fund  cooperative  agreement  or
  agreements shall also include but not be limited to: (a) description and
  location  of  each activity; (b) the projected dates of commencement and
  completion; (c) the  estimated  total  cost,  including  the  amount  of
  federal  aid available therefor. Nothing in such agreement shall provide
  for the transfer of any interests in  buildings  or  personal  property,
  including   equipment,  materials  and  facilities  used  or  useful  in
  connection with activities authorized in this section.
    3. In addition to the requirements of subdivision two of this section,
  each  such  dedicated  highway  and  bridge  trust  fund  agreement   or
  agreements  shall  provide that: (a) any real property interest transfer
  pursuant to subdivision eight of this section shall  be  maintained  and
  operated  under  the  supervision  of  the  department of transportation
  without cost to the New York State thruway authority; (b) simultaneously
  with the conveyance of any real property interest by the  department  by
  quitclaim  deed  or  otherwise  pursuant  to  subdivision  eight of this
  section the New York state thruway authority shall issue a use permit or
  lease to  the  department  of  transportation  for  such  real  property
  interest  on  a toll free basis; and, (c) no such activity shall require
  dedicated highway and bridge trust fund cooperative  agreement  payments
  for a term in excess of thirty years and, at the expiration of such term
  as the commissioner and the authority may agree, pursuant to subdivision
  eight  of  this  section  all  rights and interest of the New York state
  thruway authority in each such activity  shall  without  any  additional
  payment  by  the  state to such authority revert to and be vested in the
  people of the state  of  New  York.  In  no  event  shall  any  property
  transferred  to the thruway authority pursuant to this section be deemed
  part of the thruway for the purposes of any provision of the tax law.
    4.  The  commissioner  of  transportation  is  hereby  authorized   to
  undertake   any   of  the  authorized  activities  pursuant  to  section
  eighty-nine-b of the state finance law, in any case  where  the  expense
  thereof is paid in whole or in part by the state, as financed by the New
  York  state  thruway  authority of disbursements made by the state; and,
  provided that all such activities shall be performed in accordance  with
  the provisions of this chapter and other applicable laws.

    5.  The  commissioner  of  transportation  is  hereby  authorized  and
  empowered to provide, in each dedicated highway and  bridge  trust  fund
  cooperative  agreement  or  agreements  during the term or terms of each
  such agreement or agreements, against loss  or  damage  to  any  project
  caused by storm, flood, fire, explosion or other catastrophe, whether by
  insurance or otherwise.
    Each  dedicated highway and bridge trust fund cooperative agreement or
  agreements pursuant to this section shall contain  a  clause  that  such
  agreement  or  agreements  of the state thereunder are not a debt of the
  state and that such agreement or agreements shall  be  deemed  executory
  only to the extent of the monies available to the state and no liability
  on  account  thereof  shall  be  incurred by the state beyond the monies
  available for the purpose thereof.
    6. The comptroller shall at the commencement of each month certify  to
  the  director  of the budget, the chairpersons of the senate finance and
  assembly ways and means committees, the commissioner of  transportation,
  and  the chairman of the thruway authority the amount disbursed from the
  dedicated highway and bridge trust fund  in  the  preceding  month,  the
  amounts  reimbursed  by  the thruway authority, the revenues received in
  the  fund,  and  the  unreimbursed  disbursements.  The  department   of
  transportation shall report, not less than quarterly, to the director of
  the budget, the chairs of the senate finance committee and assembly ways
  and  means  committee,  the amounts disbursed from appropriations in the
  dedicated highway and bridge trust fund which may be  reimbursable  from
  bonds  authorized  by  this  section.  The  director of the budget shall
  review the report and certify to the comptroller the disbursements  that
  are not reimbursable from bonds.
    7.  The commissioner of transportation may, subject to the approval of
  the director of the budget, enter into a supplemental dedicated  highway
  and  bridge  trust fund cooperative agreement or agreements with the New
  York State thruway authority pursuant to the provisions of this section,
  provided  that  each  such  dedicated  highway  and  bridge  trust  fund
  agreement  or  supplement thereto is approved as to form by the attorney
  general of the state of New York.
    8. Notwithstanding any other provisions of law, general or special  or
  local,  the  commissioner of transportation is hereby authorized for and
  on behalf and in the name of the people of the  state  of  New  York  to
  execute  and  deliver  to  the  New York state thruway authority at such
  time, for such consideration or upon such terms and conditions as may be
  determined by the commissioner of transportation and the New York  state
  thruway  authority,  a  lease  or mortgage or a quitclaim deed in a form
  acceptable to the commissioner and the chairman which form  may  provide
  for  amendment  by  certificate  or  supplement  by  the parties for the
  addition of property, which upon delivery shall therewith be  deemed  to
  convey  to  the  New  York  state thruway authority such interest as the
  people of the state of New York may have in and to any of the lands over
  which the commissioner of transportation has  possession,  jurisdiction,
  supervision  and  control  pursuant to the provisions of this chapter or
  other law. Such lease, mortgage or quitclaim deed  shall  not  exceed  a
  term  authorized  by  subdivision  three  of  this  section.   Provided,
  however,  that  at  any  time  after  April  first,   nineteen   hundred
  ninety-five,  no  dedicated  highway  and  bridge trust fund cooperative
  agreement with the New York state thruway  authority  pursuant  to  this
  section,  nor  any  supplement  thereto, need provide any such foregoing
  conveyance of property to  the  New  York  state  thruway  authority  in
  connection  with  any  obligations  incurred  pursuant  to section three
  hundred  eighty-five  of  the  public  authorities  law,  and  any  such
  conveyance  evidenced  by  a  dedicated  highway  and  bridge trust fund

  cooperative agreement before such date shall, consistent with the rights
  of holders of any such obligations incurred pursuant  to  section  three
  hundred  eighty-five of the public authorities law, revert to the people
  of  the  state  of New York by appropriate instrument or instruments, by
  quitclaim deed or otherwise, in confirmation of such reversion.
    9. Subject to  the  approval  of  the  director  of  the  budget,  the
  commissioner  is  authorized  to pledge and assign to the New York state
  thruway  authority  federal  moneys  to  be  paid  to   the   state   as
  reimbursement  for  the  federal  share  of expenditures advanced by the
  state.