NY Hwy L § 10-F (2021)
2021 New York Laws HAY - Highway Article 2 - Commissioner of Transportation 10-F - Long Island Suburban Highway Improvement Program.

§  10-f. Long Island suburban highway improvement program. 1. There is hereby  established  the  "Long  Island  suburban  highway   improvement program".   2.  The  program  shall  provide  fifty  million  dollars  to  be made available as follows:  State Fiscal Year 1993-1994                                $12.5 million State Fiscal Year 1994-1995                                $12.5 million State Fiscal Year 1995-1996                                $12.5 million State Fiscal Year 1996-1997                                $12.5 million    Such fifty million  dollars  shall  be  provided  pursuant  to  annual appropriations  from  the  dedicated  highway  and  bridge trust fund or pursuant to authorization by the legislature for capital projects.   3. Program funds shall be made available  for  financing  any  of  the following  types  of capital projects within Nassau and Suffolk counties where the service life of the project is at least ten years:  (a)   reconstruction,   replacement,   reconditioning,    restoration, rehabilitation,  and  preservation  of  state,  county,  town,  city and village  roads,  highways,  parkways,  and  bridges  to   restore   such facilities to their intended functions; and  (b)  construction,  reconstruction,  enhancement  and  improvement  of state, county, town, city and  village  roads,  highways,  parkways  and bridges to address current and projected capacity problems.   The  amount  of  state  funds  historically appropriated statewide for transportation capital purposes from other sources shall not be  reduced because  of  the availability of program moneys. Prior to the allocation of program funds for a county, town, city or  village  capital  project, the  municipality  responsible  for  the  project  shall  certify to the commissioner of transportation that the amount of funds appropriated for transportation capital  purposes  by  that  municipality  shall  not  be reduced because of the availability of such program funds.   4. It is the intention of the governor, the temporary president of the senate  and  the  speaker  of the assembly to enter into a memorandum of understanding with respect to the selection of capital projects and  the allocation  of  program  moneys  among  capital  projects.  The minority leaders of the senate and assembly may also enter into the memorandum of understanding.   5. (a) Funding of municipal projects will be made upon the application for funding  of  prior  expenditures  in  a  format  prescribed  by  the commissioner.  Such  funding  of  state  projects  may  be  pursuant  to agreements between the commissioner  and  the  New  York  state  thruway authority  and  may  be  from  the  proceeds  of  bonds,  notes or other obligations issued pursuant to section three hundred eighty-five of  the public authorities law.  (b)  Funding of municipal project expenditures for an approved project shall require the certification of the sponsoring  municipality  to  the department that:  (i)  the  amount  of  municipal  funds appropriated for transportation capital projects by municipalities shall not be reduced because  of  the availability  of  these  funds,  and  each  recipient municipality shall certify annually that its own level of funding of transportation capital projects, excluding funds expended for  those  capital  projects  funded pursuant to this section, was not diminished;  (ii) program funds will be used solely to fund actual expenditures for the    construction,    reconstruction,   replacement,   reconditioning, restoration, rehabilitation, preservation, enhancement  and  improvement of  state and local roads, highways, parkways and bridges, including but  not limited to right-of-way acquisition,  preliminary  engineering,  and construction supervision and inspection;  (iii) the project constructed with program funds has a service life of ten or more years;  (iv)   the  amount  of  funds  requested  is  no  greater  than  prior unreimbursed  municipal  project  expenditures  for  work  completed  or materials incorporated in qualifying projects; and  (v)  program  funds  are  not  to be used for the mandated non-federal share of federally funded projects.  (c) By written agreement between them, a county may  act  for  one  or more  cities,  towns  or  villages  in  the  implementation  of projects eligible for funding pursuant to this section. A copy of such  agreement shall be filed with the commissioner in connection with the program plan that includes such a project.