NY Hwy L § 10-A (2021)
2021 New York Laws HAY - Highway Article 2 - Commissioner of Transportation 10-A - Special Powers of the Commissioner of Transportation.

§  10-a.  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 cooperative highway contractual agreement or agreements with  the  New  York  state  thruway authority  and  municipalities  for  the  financing by such authority of expenditures made in advance  by  the  state  for  design,  acquisition, construction,  reconstruction  or the reconditioning and preservation of transportation facilities,  including  associated  costs  for  planning, engineering  services  and  construction  inspection,  pursuant  to  the provisions of section eighty-eight-b of the  state  finance  law,  state highways,  state parkways, state arterial highways in cities and related facilities  and  structures   thereon,   including   bridges   and   the reconditioning,  preservation  of  structures  separating  highways  and railroads, the traffic  operations  program  to  increase  capacity  and safety  on  existing street and highway systems in urban areas, capacity and infrastructure improvements to state, county, town, city or  village roads,  highways,  parkways  and  bridges, and buildings, equipment, and facilities used or useful in connection with the maintenance, operation, and  repair  of  said  transportation  facilities,  streets,   highways, parkways  and  related  facilities and structures, in any case where the expense thereof is paid in whole or in part by the state.  Such  advance expenditures  by  the  state  shall  be  recorded on a project basis and referred to as "cooperative highway contractual agreement expenditures".   2. Such cooperative highway contractual agreement or agreements  shall include  but  not  be  limited  to: (a) description and location of each project; (b) the projected dates of commencement and completion; (c) the estimated total cost of each project, including the  amount  of  federal aid available therefore.   3. In addition to the requirements of subdivision two of this section, each  such cooperative highway contractual agreement or agreements shall provide that: (a) each project upon completion shall be  maintained  and operated  under  the  supervision of the department of transportation or the municipality without cost to the New York State  thruway  authority; (b) upon completion of each project the New York State thruway authority shall  issue  a  use permit to the commissioner of transportation or the municipal agency designated by him for  such  project  or  municipality, which  shall  be made available to the commissioner of transportation or the municipal agency designated by him or the  municipality  on  a  toll free  basis;  and  (c) no project shall be undertaken which will require cooperative highway contractual agreement payments for a term in  excess of the probable life of such project, as defined in section sixty-one of the  state finance law, and, provided further, that at the expiration of such term all  rights  and  interest  of  the  New  York  State  thruway authority  in  each such project shall without any additional payment by the state to such authority be vested in the people of the state of  New York or the municipality.   4.  The  commissioner of transportation and, with respect to municipal projects, the municipality  having  jurisdiction  over  the  project  is hereby   authorized  to  undertake  design,  acquisition,  construction, reconstruction or the reconditioning and preservation of  transportation facilities,  pursuant to the provisions of section eighty-eight-b of the state finance  law,  state  highways,  state  parkways,  state  arterial highways  in  cities  and  related  facilities  and  structures thereon, including  bridges,  reconditioning  and  preservation   of   structures separating highways and railroads, and the traffic operations program to increase  capacity  and safety on existing street and highway systems in urban areas, and capacity  and  infrastructure  improvements  to  state, county,  town, city or village roads, highways, parkways and bridges, 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 expenditures made in advance by the State; and, provided that  all  such projects  and  traffic operations program projects shall be performed in accordance with the provisions of the highway law.   5.  The  commissioner  of  transportation  is  hereby  authorized  and empowered  to  provide in each cooperative highway contractual 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  cooperative highway contractual agreement or agreements pursuant to this section shall contain a clause that such agreement or agreements of the state thereunder 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  state  comptroller  shall  at the commencement of each month, certify  to  the  director  of   the   budget,   the   commissioner   of transportation,  the  chairman  of  the  senate  finance  committee, the chairman of the assembly ways and means committee, and the  chairman  of the  New  York  State  thruway  authority, the amounts expended from the advance  appropriation  made  by  this  act  for  design,   acquisition, construction, reconstruction or reconditioning and preservation projects and  traffic  operations  program  projects for the month preceding such certification and such certification shall not exceed in  the  aggregate the amounts appropriated.   7.  The commissioner of transportation may, subject to the approval of the director of  the  budget,  enter  into  a  supplemental  cooperative highway  contractual  agreement  or  agreements  with the New York State thruway authority or municipalities pursuant to the provisions  of  this section,   provided  that  each  such  cooperative  highway  contractual agreement or supplemental thereto is approved as to form by the attorney general of the state of New York.   8. (a) 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,  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,  subject  to  the  approval  of the director of the budget, a lease or mortgage for a  term  not  exceeding  the  term  authorized  by subdivision  three  of this section or a quitclaim deed conveying to the New York State thruway authority all the right, title  and  interest  of the  people  of  the state of New York in and to any of the lands and in and to any of the design, acquisition, construction,  reconstruction  or reconditioning   and   preservation   improvements  thereon  or  traffic operations  program  improvements  over  which   the   commissioner   of transportation  has  possession,  jurisdiction,  supervision and control pursuant to the provisions of the highway law or other law.  (b) Notwithstanding any other provision of law, general or special  or local,  for  capacity  and  infrastructure improvements to county, town, city or village roads, highways, parkways and bridges, the  municipality with  jurisdiction  over  the project shall enter into an agreement with the department of transportation for the conveyance of all affected real property including highways, roads, parkways and bridges to the  thruway authority,  for  the  term  of  the bonds or notes issued by the thruway authority, or its successor agency, for such project or for such  lesser period  that  such  bonds or notes are outstanding. During the period of  such  conveyance  to  the   thruway   authority,   the   department   of transportation  or the municipality shall agree to maintain the facility in a state of good repair, the responsibility for which  shall  be  with the  state,  or  municipality, which had jurisdiction over said facility prior to such agreement.   9. The attorney general shall pass upon the form and  sufficiency  and manner  of  execution  of  any  lease,  mortgage  or  deed of conveyance executed  by  the  commissioner  of  transportation  pursuant   to   the provisions of subdivision eight of this section.   10.  As  used  in this section "reconditioning and preservation" shall mean  resurfacing  of   existing   pavements   to   correct   structural deficiencies  or  substandard  riding  characteristics;  the  sealing of pavements;  the  treatment  of  highway  pavements   to   improve   skid resistance;  modification  of  roadway  geometrics  for  improvement  of operational safety; the improvement of highway  appurtenances  including but not limited to shoulders, guiderail systems, slopes, traffic control devices,  sidewalks,  curbs,  drainage systems; retaining and sustaining walls; removal of hazards and/or their replacement or correction by  the use  of  recognized  and  approved  safety or protective devices; bridge painting  and  improvement  including   structural   rehabilitation   or replacement.   11.  As  used  in this section "traffic operations program" shall mean the program authorized by subdivision thirty-four of section ten of  the highway law.   12.  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.   13. (a) The state shall defend any unit, entity, officer  or  employee of  the  New  York  state  thruway  authority  using  the  forces of the department of law in  any  action,  proceeding,  claim,  demand  or  the prosecution  of  any  appeal  arising  from or occasioned by the acts or omissions to act in the performance of the functions of  the  department pursuant to a shared services agreement.  (b)  Defense  pursuant  to  paragraph (a) of this subdivision shall be conditioned upon the full cooperation of  the  New  York  state  thruway authority.  (c)  The  state  shall  indemnify  and hold harmless any unit, entity, officer or employee of the New  York  state  thruway  authority  in  the amount  of  any  judgment  obtained  against  the New York state thruway authority or in the amount of any settlement the New York state  thruway authority  enters  into  with  the  consent of the state for any and all claims, damages or liabilities arising from or occasioned by the acts or omissions to act  of  the  department  pursuant  to  a  shared  services agreement,  provided,  however, that the act or omission from which such judgment or settlement arose occurred while the  department  was  acting within  the  scope  of  its  functions  pursuant  to  a  shared services agreement. Any such settlement shall be  executed  pursuant  to  section twenty-a of the court of claims act.  (d)  Any  claim  or  proceeding  commenced  against  any unit, entity, officer or employee of the department pursuant to  any  shared  services agreement  shall  not  be  construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the department, or  to  impair, alter,  limit,  modify,  abrogate  or  restrict any right to defense and indemnification provided for any governmental officer or employee by, in accordance with, or by reason  of,  any  other  provision  of  state  or federal statutory or common law.  (e) This subdivision shall not in any way affect the obligation of any claimant  to  give  notice to the state under sections ten and eleven of the court of claims act or any other provision of law provided, however, that notice served upon the state or the authority shall be valid notice on  both  parties  to  the agreement, when such claim arises out of such agreement. The state and authority shall notify  each  other  when  they receive  a  notice  of  claim,  notice of intention to make a claim or a claim arising out of such agreement.  (f) The provisions of this  subdivision  shall  not  be  construed  to impair, alter, limit or modify the rights and obligations of any insurer under any insurance agreement.  (g)  Notwithstanding  any  other  provision  of  law, employees of the thruway authority, its subsidiaries and the department shall  be  deemed employees  of  all  such  entities  and  the  state  for purposes of the workers' compensation law.  (h) Any payment made pursuant to this subdivision or any  monies  paid for  a  claim  against or settlement with the department or the New York state thruway authority pursuant to  this  section  and  pursuant  to  a shared  services agreement shall be paid from appropriations for payment by the state pursuant to the court of claims act.