NY Hwy L § 10-E (2021)
2021 New York Laws HAY - Highway Article 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.