NY Transp L § 223 (2021)
2021 New York Laws TRA - Transportation Article 10 - Grade Crossing Elimination 223 - 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.