NY Hwy L § 10 (2021)
2021 New York Laws HAY - Highway Article 2 - Commissioner of Transportation 10 - General Powers and Duties of the Commissioner of Transportation Relating to Highways.

§  10. General powers and duties of the commissioner of transportation relating to highways. The commissioner of transportation shall:   1. Have general supervision of all  highways  and  bridges  which  are constructed,  improved  or  maintained in whole or in part by the aid of state moneys.   2. Cause surveys, maps, plans, specifications and estimates to be made for the improvement, construction and maintenance of state highways.   2-a. In  consultation  with  the  commissioner  of  commerce  and  the commissioner   of  parks  and  recreation,  cause  the  preparation  and distribution of a highway map for the state, including but  not  limited to a representation of the state highway system, the thruway system, the principal  bikeways and highway systems of the municipalities within the state. Such map shall be  intended  to  facilitate  travel  and  promote tourism  throughout  the  state,  and  shall  not  be  admissible in any proceeding as proof of ownership, location or condition of the  highways represented thereon.   3.  Cause investigations and reconnaissance surveys to be made for the purpose  of  ascertaining  and  determining   the   practicability   and feasibility  of  extensions  to  the  system  of  state  highways by the construction of possible branches or cut-offs from  state  highways  for the  purpose  of affording by-passes around cities, villages and hamlets of the state to relieve traffic congestion therein,  and  also  for  the construction  of  additional  routes  to  relieve  traffic congestion on present  main  routes.  The   expense   of   such   investigations   and reconnaissance  surveys shall be a proper charge against funds available for the construction, reconstruction or maintenance of state highways.   4. Approve and determine the final plans, specifications and estimates for state highways and cause a contract to be let for  the  construction or improvement of same after due advertisement.   5.  Direct  and  cause to be made such repairs of state highways as he deems necessary, within the estimates and appropriations made therefor.   6. Cause an inspection and examination to be made of all work on state highways.   7. Annually cause to be inspected all  improved  state  highways,  and shall  require a complete report of such inspection which shall show the condition of the highway inspected, the necessary work to  be  performed in  the  repair and maintenance of such highways, and the estimated cost thereof.   8. Approve and certify to the monthly estimates of allowances for work being performed under any contract let for the construction, improvement or maintenance of state highways.   9. Prescribe rules and regulations not inconsistent with  law,  fixing the duties of county and town superintendents in respect to all highways and  bridges and determining the method of the construction, improvement or maintenance of such highways and bridges. Such rules and  regulations shall,  before  taking effect, be printed and transmitted to the highway officers affected thereby.   9-a. Prescribe rules and regulations not inconsistent with law, fixing the duties of county and town superintendents, in respect to  oil  spill control,  pursuant  to  authority  given the commissioner in section one hundred seventy-seven of the navigation law.   10. Compel compliance with laws, rules  and  regulations  relating  to highways  and  bridges  by  highway  officers  and see that the same are carried into full force and effect.   11. Aid  county  and  town  superintendents  in  establishing  grades, preparing  suitable  systems  of drainage and advise with them as to the construction, improvement and maintenance of highways and bridges.    12. Investigate  and  determine  upon  the  various  methods  of  road construction  adapted  to different sections of the state, and as to the best methods of construction and maintenance of highways and bridges.   13.  Compile statistics relating to the public highways throughout the state, and collect such information in regard thereto as he  shall  deem expedient.   14.  Cause  public meetings to be held whenever he deems it advisable, in each district or county, for the purpose of furnishing  such  general information   and  instructions  as  may  be  necessary,  regarding  the construction, improvement or maintenance of the highways and bridges and the application of the highway law, and the rules and regulations of the department, and also for the purpose of  hearing  complaints.  He  shall notify  the county engineer or county superintendent of his intention to hold such meeting  or  meetings,  specifying  the  date  and  the  place thereof.   15.  Prepare  tables  showing the total number of miles of highways in the state, by town and county, and file a copy of the same in the office of the comptroller.   16. Aid at all times in promoting highway improvement  throughout  the state,  and  perform  such  other  duties  and have such other powers in respect to highways and bridges as may be imposed or conferred on him by law.   17. When the corners of the boundaries of counties,  cities,  villages and  subdivision  lots  of towns shall have been located, as provided in subdivision ten of section one hundred and  two  of  this  chapter,  the commissioner  shall  cause  a monument to be accurately set at each such corner, except in cases where the improvement of such  highway  or  road has  been completed prior to the location of such corners as provided in such subdivision. Such monuments shall be of some durable  material  and shall  be  so  set  that  the  top  thereof shall be on a level with the surface of such improved highway or road. The cost and expense  of  such monuments and the setting of the same shall be a state charge.   18. Include in his annual report to the legislature a statement of the condition  of  the highways and bridges, the progress of the improvement and maintenance of state highways, county roads and town  highways,  the amount  of  moneys  received and expended during the year, upon highways and bridges and such matters, as in his judgment, should be  brought  to the  attention  of  the legislature, together with recommendations as to such measures in relation to highways as the public interests require.   19. During the construction or improvement of a state highway, if such highway be closed to the traveling public and another  existing  highway is  caused  to  be  used  in  lieu  of the closed highway as provided in section one hundred  and  four  of  this  chapter,  provide,  erect  and maintain a sufficient number of detour signs so that the temporary route or  detour  shall be clearly indicated throughout its entire length, and upon the discontinuance of said temporary route or detour,  shall  cause such  signs to be removed, and the cost of all thereof shall be paid out of  any  funds  available   for   the   construction,   improvement   or reconstruction of state highways.   20.  Whenever  the  construction  or improvement of a state highway or section thereof under a  contract  shall  be  completed  and  the  final payment  therefor  shall have been made, prepare a statement of the cost of such construction or  improvement,  including  engineering  expenses, inspection  and  all  charges  and expenses properly chargeable thereto, showing in detail the date of each payment, and the purpose  and  amount of such payment. Such payments shall be grouped as far as practicable by dates  and  the  total  thus  obtained  shall be deemed the cost of such construction or improvement.    21. Provide for the separation of highway-railroad crossings at  grade under  the  act  known by the short title of "grade crossing elimination act." He shall also provide for such work as he is authorized to perform under the provisions of the railroad law, and the portion of the cost of such work which is payable by the state under section ninety-four of the railroad  law  shall  be  paid  out  of  any  funds  available  for  the construction, improvement or reconstruction of state highways.   22. Provide for  the  construction  of  sidewalks  adjacent  to  state highways  outside of cities and incorporated villages, when he is of the opinion the  same  are  necessary.  He  shall  have  full  authority  to determine the type, width, location with respect to the highway, and the general  construction  details  of  such  sidewalks. The expense of such construction shall be a proper charge against funds  available  for  the construction, reconstruction or maintenance of state highways.   23.  Provide  for  the  installation and maintenance of lights on such state highways as he is of the opinion are  necessary.  The  expense  of such installation and maintenance shall be a proper charge against funds available  for  the construction, reconstruction or maintenance of state highways.   24. Have power, whenever such commissioner of transportation deems  it is  necessary  as  a  result  of work of construction, reconstruction or maintenance of state highways, to provide at the expense  of  the  state for  the  removal,  relocation,  replacement and reconstruction of water mains, sewer pipes, communication systems, fire  alarm  systems,  street lighting,  traffic control systems and any other similar facilities that are owned by any municipality and are maintained for public use  and  to participate  in  the expense of the removal, relocation, replacement and reconstruction of all other types of facilities or  parts  thereof  that are  owned  by  any  municipality and are maintained for public use, the state's share of such expense not to exceed the appraised value of  such facilities  or  parts  thereof, as the case may be, as determined by the commissioner  of  transportation.  However,  in  connection   with   any federally funded highway project, the commissioner of transportation may agree  to  pay  an  amount not to exceed the state's share, based on its proportionate share of the cost of the entire highway  project,  of  the functional  replacement cost of any of the aforesaid facilities owned by any  municipal  corporation,  school  district,  board  of   cooperative educational  services,  public benefit corporation or any other state or municipal governmental agency where the federal government agrees to pay its share of such functional replacement cost, which shall be  based  on its  proportionate share of the cost of the entire project. If such work requires additional property or if it is necessary that  the  relocation of  such  facilities  be  made  to  other  property, he may acquire such property as may be necessary for the purposes of  this  subdivision,  in the same manner as other property is acquired for state highway purposes pursuant to this chapter, and he may enter into a written agreement with the  municipality  involved  to convey such property as deemed necessary for the purposes of this  subdivision  to  such  municipality  on  terms beneficial  to  the  state.  The  expense  of  such removal, relocation, replacement and reconstruction or the state's share thereof, as the case may be, shall be  a  proper  charge  against  funds  available  for  the construction,  reconstruction or maintenance of state highways, and such work may be performed by contract in the same  manner  as  provided  for state  highways  in  article  three  of  this chapter, or, by the use of departmental forces and equipment and of materials  purchased  therefor. However,  if  the  commissioner  of transportation deems it to be in the interest of the public, he may contract with the municipality, upon such terms as he may deem advantageous  to  the  state,  to  have  such  work  performed  (a)  by  the  employment  of  the  forces  and the use of the equipment of such municipality and by the use of any material on hand or necessary to be purchased by such municipality  or  (b)  by  such  other method  as such commissioner of transportation shall approve or (c) by a combination of the  methods  provided  in  this  subdivision.  Any  such municipality  is  hereby  authorized to enter into such contract for the purposes of this subdivision. In all  cases  pursuant  to  this  section where  the  state  is to pay part of the expense of removal, relocation, replacement and reconstruction of any facilities  that  are  municipally owned  and  that  are  maintained  for  public  use, the commissioner of transportation, if he deems it in the best interest of  the  state,  may offer  to  remove,  relocate, replace or reconstruct such facilities and may  prepare  plans,  specifications  and  estimates  of  cost  of  such projects,  together  with  an estimate of the share of the expense to be borne by the municipality, which shall be  submitted  to  the  governing board  of  such  municipality.  If the municipality approves such plans, specifications and estimates of cost and share of the expense, it  shall by  resolution  appropriate  the funds necessary to pay its share of the expense. A certified copy of the resolution  shall  be  filed  with  the commissioner  of  transportation  and with the state comptroller and the funds shall, prior to the award of  a  contract,  be  deposited  by  the municipality  with  the  state  comptroller  subject  to  the  draft  or requisition of the commissioner of transportation. Upon  the  completion and  acceptance  of  the work such facilities shall be maintained by the municipality. As used in this subdivision, the term "municipality" shall include a public water authority.   24-a. Have power, whenever such commissioner of  transportation  deems it  is  necessary as a result of work of construction, reconstruction or maintenance of state highways to provide for  the  removal,  relocation, replacement  and  reconstruction  of any facilities of the United States government. The expense of such  removal,  relocation,  replacement  and reconstruction  shall be a proper charge against funds available for the construction, reconstruction or maintenance of state highways, and  such work  may  be  performed  by contract in the same manner as provided for state highways in article three of  this  chapter,  or  by  the  use  of departmental  forces  and equipment and of materials purchased therefor. Upon the completion and acceptance of the work  done  pursuant  to  this subdivision  such  facilities  shall  be maintained by the United States government.   24-b. Have power, whenever such commissioner of  transportation  deems it  is  necessary as a result of work of construction, reconstruction or maintenance of state highways, to provide for the  removal,  relocation, replacement  or  reconstruction  of privately, publicly or cooperatively owned water, storm and sewer lines and facilities,  facilities  for  the transmission  and/or distribution of communications, power, electricity, light, heat, gas, crude products, steam and other  similar  commodities, municipal  utility  facilities, or facilities of a corporation organized pursuant to the transportation corporations  law  that  are  located  on privately  owned  property. If such work requires additional property or if it is necessary that the relocation of such  facilities  be  made  to other property, he may acquire such property as may be necessary for the purposes  of  this  subdivision, in the same manner as other property is acquired for state highway purposes pursuant to this chapter, and he and the owner of such facilities may  enter  into  a  written  agreement  to convey  such  property  as  deemed  necessary  for  the purposes of this subdivision to such owner on terms beneficial to the state. The  expense of  such  removal, relocation, replacement or reconstruction and cost of property acquisition shall be a proper charge  against  funds  available  for  the  construction, reconstruction or maintenance of state highways. Except when  such  facilities  are  owned  by  a  corporation  organized pursuant  to  the  transportation  corporations  law,  the  work of such removal, relocation, replacement or reconstruction shall be performed by contract  in  the  same manner as provided for state highways in article three of this chapter,  or,  by  the  use  of  departmental  forces  and equipment  and  of materials purchased therefor, unless the commissioner of transportation consents  to  having  the  owner  of  such  facilities provide  for  the  work  of  such  removal,  relocation,  replacement or reconstruction. In the  case  where  such  facilities  are  owned  by  a corporation  organized  pursuant to the transportation corporations law, the work of such  removal,  relocation,  replacement  or  reconstruction shall  be  provided for by such corporation unless it consents to having the commissioner of transportation provide for such work to be performed by  contract,  in  accordance  with  specifications  provided  by   such corporation,  in  the  same  manner  as  provided  for state highways in article three of this chapter, or, by the use of departmental forces and equipment and of materials purchased therefor. Upon  the  completion  of the work, such facilities shall be maintained by the owners thereof.   In  the  event  that the commissioner of transportation, in connection with the work of construction, reconstruction or  maintenance  of  state highways,  encounters  such facilities, other than facilities owned by a corporation organized pursuant to the transportation corporations law or operating as a transportation corporation that are  located  within  the highway  right-of-way,  he  may  provide  for  the  removal, relocation, replacement  or  reconstruction  of  such  facilities  as  he  deems  it necessary.  To  the extent the commissioner determines it equitable, the expense of such removal, relocation, replacement or reconstruction shall be a  proper  charge  against  funds  available  for  the  construction, reconstruction   or  maintenance  of  state  highways  pursuant  to  the provisions of this subdivision, and such  work  shall  be  performed  by contract  in  the  same manner as provided for state highways in article three of this chapter,  or,  by  the  use  of  departmental  forces  and equipment  and  of materials purchased therefor, unless the commissioner of transportation consents  to  having  the  owner  of  such  facilities provide  for  the  work  of  such  removal,  relocation,  replacement or reconstruction. In the event that  the  commissioner  of  transportation determines prior to undertaking such removal, relocation, replacement or reconstruction  that the owner of such facilities is responsible for all or any portion of such expense he shall enter into a  written  agreement with  such  owner, for the purpose of providing funding, and the deposit with the state comptroller of  such  funds  as  are  determined  by  the commissioner  to  be sufficient to provide for such owner's share of the expenses. The state comptroller is authorized to receive and accept such funds subject to  a  draft  or  requisition  from  the  commissioner  of transportation.  If  the  funds deposited with the state comptroller are subsequently determined by the commissioner to be insufficient  to  meet such owner's share, the owner shall in every case be responsible for any balance  due.  When  such  work  has been completed, the commissioner of transportation shall render an accounting to the owner, and any  surplus moneys  shall be paid to such owner, without interest, on the warrant of the comptroller on vouchers therefor approved  by  the  commissioner  of transportation.  Upon  completion  of the work, such facilities shall be maintained by the owners thereof.   In the event that the commissioner of  transportation,  in  connection with  the  work  of construction, reconstruction or maintenance of state highways, encounters such facilities of a corporation organized pursuant to the transportation corporations law or operating as a  transportation  corporation  that  are located within the highway right-of-way, he shall provide compensation for the fair and reasonable cost  of  the  removal, relocation,  replacement  or  reconstruction of such facilities provided the following conditions are met:  (a) the project for which such facilities are to be removed, relocated or  replaced  or  reconstructed must be federally funded and the cost of such removal, relocation, replacement or reconstruction are  a  part  of the approved project cost by the appropriate federal authorities; and  (b)  such  compensation shall be provided only: (i) for the interstate category of projects; and (ii) for the other categories of projects only when a specific appropriation has been made for such purpose; and  (c) for those  categories  for  which  compensation  is  provided  the commissioner of transportation shall reimburse the corporation at a rate not  less than the rate of reimbursement as the state shall receive from the federal government; and  (d) such corporation enters into an agreement with the commissioner of transportation in connection  with  undertaking  the  work  of  removal, relocation, replacement or reconstruction which shall specify the amount or  the basis of compensation that is to be provided toward the fair and reasonable  cost   of   such   removal,   relocation,   replacement   or reconstruction.   The  fair and reasonable cost of such removal, relocation, replacement or reconstruction shall mean the  amount  paid  by  such  a  corporation properly   attributable   to  the  work  of  such  removal,  relocation, replacement  or  reconstruction  of  such  facilities  after   deducting therefrom  any  betterment incorporated into the new facilities plus the salvage value and depreciation from the old facility determined  by  the established  methods  utilized by the state. Nothing in this subdivision shall be construed to grant to the  owner  of  such  private  facilities within the highway right-of-way any greater or new rights, other than as provided herein, to compensation for removals, relocations, replacements or  reconstructions  of  such  facilities  in  connection  with  work of construction, reconstruction  or  maintenance  of  state  highways  that existed prior to the effective date of the amendment to this subdivision and  compensation  to  be paid hereunder is strictly limited as provided herein.   24-c. Have power, whenever such commissioner of  transportation  deems it  necessary  as  a  result  of  work  of construction, reconstruction, improvement or maintenance of state highways, including  the  separation of  highway-railroad  crossings,  pursuant  to  this  chapter,  and  the construction or reconstruction of highway-railroad crossings  at  grade, to  provide  for  the  removal,  relocation, replacement, alteration and reconstruction of railroad facilities normally used for the  maintenance and   operation   of   the   railroad  and  including  tracks,  signals, communication  lines,  electrical  lines,  sewer  lines,  water   lines, buildings, structures and their appurtenances. Such removal, relocation, replacement, alteration or reconstruction of facilities may be performed on  property  of  the railroad company. If such work requires additional property or if it is necessary that the consequential relocation of such facilities be made to other property, he may acquire  such  property  as may  be  necessary  for  the  purposes  of this subdivision, in the same manner as other property is acquired for state highway purposes pursuant to this chapter, and he may enter into  a  written  agreement  with  the owner  of the railroad lands to convey such property as deemed necessary for the purposes of this subdivision to such owner on  terms  beneficial to  the  state.  The  expense  of such removal, relocation, replacement, alteration or reconstruction and right of way  acquisition  shall  be  a proper   charge   against   funds   available   for   the  construction,  reconstruction, improvement or maintenance of state highways,  and  such work  may  be  performend by contract in the same manner as provided for state highways in article three of this  chapter,  or,  by  the  use  of departmental  forces  and equipment and of materials purchased therefor. However, if the commissioner of transportation deems it  to  be  in  the interest  of  the  public,  he may contract with the railroad, upon such terms as he may deem advantageous  to  the  state,  to  have  such  work performed  (a)  by  the  employment  of  the  forces  and the use of the equipment of such railroad and by the use of any  material  on  hand  or necessary  to  be purchased by such railroad or (b) by such other method as such commissioner  of  transportation  shall  approve  or  (c)  by  a combination  of  the  methods provided in this subdivision. In the event that the commissioner of transportation and the railroad are  unable  to agree upon the terms of such contract, the commissioner shall notify the railroad,  in  writing,  of  his  intent to issue an order directing the railroad to have such work performed as required of its  forces  and  to permit  entry  upon  railroad  lands  of  employees  and  agents  of the department of transportation in  order  to  perform  such  work  as  the commissioner  of transportation shall deem necessary. The railroad shall have thirty days after the receipt of such notification in which it  may request  a  hearing  before  the  commissioner  of  transportation.  The commissioner of transportation shall give the  railroad  notice  of  not less  than ten days of the time and place scheduled for such hearing. If a hearing is not requested or if, after such hearing is held,  agreement between  the  parties is not reached, the commissioner of transportation may issue such order directing the railroad to have such work performed. Such order shall require the railroad to submit an estimate of the  cost of  work  required  of  its  forces  including the material necessary to perform  such  work,  which  cost,  subject  to  the  approval  of   the commissioner  of  transportation,  shall  be  reimbursed by the state in accordance with the terms of such order. Such order shall  also  include terms  protecting the railroad in the safe and uninterrupted maintenance and operation of said railroad during the performance  of  any  work  on railroad   lands   by   employees   and  agents  of  the  department  of transportation, if their entry upon railraod  lands  for  such  work  is deemed  necessary  by  the commissioner of transportation as hereinabove provided. Upon the completion and acceptance of the work such facilities shall be owned and maintained by the railroad.   24-d. Have power, whenever such commissioner of  transportation  deems it  is  necessary as a result of work of construction, reconstruction or maintenance of state highways, to provide for  the  re-establishment  of private  access  to  a  public  road  where  such access is destroyed by acquisition of right of way for the project. If such re-establishment of private access requires additional property or if it is  necessary  that such  re-establishment  of  private access be made to other property, he may acquire such property as may be necessary for the purposes  of  this subdivision,  in the same manner as other property is acquired for state highway purposes pursuant to this chapter,  and  he  may  enter  into  a written  agreement  with the owner of such private access to convey such property as deemed necessary for the purposes  of  this  subdivision  to such  owner  on  terms  beneficial  to  the  state.  The expense of such re-establishment of private access shall  be  a  proper  charge  against funds  available  for the construction, reconstruction or maintenance of state highways, and such work may be performed by contract in  the  same manner  as provided for state highways in article three of this chapter, or, by the use of departmental forces and  equipment  and  of  materials purchased  therefor,  or  by  a  combination  of  such methods. Upon the  completion of the work, such  re-established  private  access  shall  be maintained by the owners thereof.   * 24-e.  The  commissioner  of  transportation is hereby authorized to enter into an agreement  with  any  fiber  optic  utility  for  use  and occupancy  of  the  state  right  of way for the purposes of installing, modifying, relocating, repairing, operating, or maintaining fiber  optic facilities.    Such agreement may include a fee for use and occupancy of the right of way, provided, however, such fee shall not be greater  than fair  market  value.  Any  provider using or occupying a right of way in fulfillment of a state grant award through the New NY Broadband  Program shall not be subject to a fee for such use or occupancy. Any fee for use or  occupancy  charged  to  a  fiber  optic  utility shall not be passed through in whole or in part as a fee, charge, increased service cost, or by any other means by a fiber optic utility to any person or entity that contracts with such fiber optic utility for  service.  Any  compensation received  by  the state pursuant to such agreement shall be deposited by the comptroller into the special obligation reserve and payment  account of  the  dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance  law.  Nothing  herein  shall impair,  inhibit, or otherwise affect the ability of any municipality to regulate zoning, land use, or any other power or authority granted under the law.  For purposes of this subdivision, "municipality" shall include a county, city, village, or town.   * NB Repealed April 12, 2024   25. Have power to combine, connect, alter,  relocate,  terminate,  and pave  intersecting  highways,  roads  or streets and to provide drainage therefor; to divert traffic from an existing highway, road or street  to an  existing  or  a new highway, road or street, and to provide, when he deems it to be  in  the  interest  of  public  safety,  for  a  suitable structure  or  structures  across highways to accommodate at an adjusted grade the continuity of such highways, roads or streets by an under-pass or over-pass, and to adjust grades and traffic to  such  structures;  to plan, designate, construct, alter, improve and vacate frontage, marginal and  service roads, in connection with the development of any controlled access facility; and to acquire such property as may  be  necessary  for the  purposes  of this subdivision, in the same manner as other property is acquired for state highway purposes pursuant  to  this  chapter.  The cost  of the work and of the acquisition of property as provided in this subdivision shall be a proper charge against  funds  available  for  the construction,  reconstruction or improvement of state highways. Any such frontage, marginal or service road or portion of  intersecting  highway, road  or  street  upon  which  such  work  is  completed  shall,  if not determined by the commissioner of transportation to be  a  part  of  the state   highway  system,  be  maintained  by  the  municipality  or  the municipalities in which such frontage, marginal or service road or  such portion  of intersecting highway, road or street is located, except that if the intersecting highway, road or street or the frontage, marginal or service road is under the jurisdiction of an  authority,  commission  or other  public  agency,  said portion thereof shall, if not determined by the commissioner of transportation to be a part  of  the  state  highway system,  be  maintained  as  determined  jointly  by the commissioner of transportation and the  chairman  or  chief  executive  officer  of  the authority, commission or other public agency.   26.  Provide  for  the  separation  of  highway-railroad crossings and construction  of  highway-railroad  crossings  at  grade  where  in  the construction  or reconstruction of any part of the state highway system, or county roads with federal-aid, or where highways,  roads  or  streets are  combined, connected, altered or relocated pursuant to this section,  an additional crossing of a railroad is made at a place where no highway grade  crossing  exists.  In  the  discretion  of  the  commissioner  of transportation,   and   in   connection   with   the   construction   or reconstruction  of any part of the state highway system, a structure may be constructed to eliminate an existing crossing at grade of a  railroad and  a  state highway or of a railroad and a highway which intersects or closely parallels a state highway. The  commissioner  of  transportation may  also,  in connection with the construction or reconstruction of any part of the state highway system,  or  county  roads  with  federal-aid, provide  for  the reconstruction of existing highway-railroad separation structures or highway-railroad crossings at grade on  any  part  of  the state  highway  system,  or  on  county  roads  with  federal-aid, or on highways, roads or streets combined, connected,  altered,  or  relocated pursuant to this section.   The   cost  of  construction  or  reconstruction  of  such  separation facilities or grade crossings,  including  the  cost  of  such  crossing protection as is ordered by the commissioner of transportation, shall be a  proper  charge  against  funds  available  for  the  construction  or reconstruction of state highways or county roads.   Notwithstanding the provisions of section ninety-three of the railroad law, structures hereafter constructed or reconstructed pursuant to  this subdivision to separate the grade of railroads and any part of the state highway  system  shall  be  maintained upon completion as follows: (a) A structure and its supports which carries railroad tracks over the  state highway  shall  be  maintained  and  repaired  by the operating railroad corporation or corporations. (b) A  structure  and  its  supports  which carries  a  state  highway  over railroad tracks shall be maintained and repaired by the state. This maintenance provision  shall  not  apply  to structures  constructed  or  reconstructed  pursuant  to  section  three hundred forty-b, three hundred forty-d and three hundred forty-nine-c of this chapter.   26-a. Have power, whenever such commissioner of  transportation  deems it to be in the best interest of the state, in connection with work upon certain  bridges  for  which  the  maintenance responsibility is divided between the state  and  a  railroad  corporation,  where  such  work  is authorized  pursuant  to this chapter or the transportation law and upon the  request  of  the  railroad  corporation,   to   provide   for   the reconstruction,  repair  or  alteration  of  bridge  structures,  bridge supports, bridge approaches or any other  bridge  parts  which  are  the maintenance  responsibility of such railroad corporation. The expense of such reconstruction, repair or alteration shall be borne entirely by the railroad  corporation  except  so  much  thereof  as  would   constitute compensable   damages   under   any   provision  of  law.  Whenever  the commissioner of  transportation  shall  approve  such  a  request  of  a railroad  corporation,  he  shall,  with the assistance of such railroad corporation, make an estimate of the  cost  of  the  work  which  he  is requested  to  perform  in  accordance  with  plans  and  specifications submitted to him by the railroad corporation. Such railroad  corporation shall thereupon deposit with the state comptroller, who is authorized to receive  and accept the same for the purposes of this subdivision, a sum equal to such estimate and subject to the draft or  requisition  of  the commissioner  of transportation. If at any time during the course of the work the commissioner of transportation deems the sum submitted  by  the railroad corporation to be insufficient to meet anticipated costs of the work,  he  shall  notify  the  railroad  corporation of such anticipated deficiency, whereupon the railroad corporation shall  deposit  with  the state  comptroller,  who  is  authorized  to receive and accept the same subject  to  the  draft  or   requisition   of   the   commissioner   of  transportation,  such  additional  sum  as  is  deemed  necessary by the commissioner of transportation to meet anticipated costs. When the  work authorized  by  this  subdivision has been completed the commissioner of transportation  shall  render  to  the  railroad corporation an itemized statement showing in  full  (a)  the  amount  of  money  that  has  been deposited  by  such  railroad  corporation with the state comptroller as hereinbefore provided, and (b) all disbursements made pursuant  to  this subdivision  including  a  proportionate  charge  for  engineering.  Any surplus money shall  be  paid  to  such  railroad  corporation,  without interest,  on  the  warrant  of  the  comptroller  on  vouchers therefor approved by the commissioner of transportation.   26-b. Have power, whenever the commissioner of transportation deems it in the best interests of the  state  to  do  so  and  with  the  written permission  of  the railroad corporation charged with the responsibility for  maintaining  such  structure,  in  connection  with   construction, reconstruction  or  maintenance  of  state  highways, to provide for the removal  and  disposition,  on  terms  beneficial  to  the   state,   of highway-railroad grade separation structures which are no longer used or useful for railroad purposes.   27. Have power, upon the request of a municipality, to perform for and at  the  expense  of  such  municipality,  any  work  of construction or reconstruction, including the  removal  and  relocation  of  facilities, provided  the  commissioner  of  transportation  deems it practicable to perform  such  work  for  such  municipality  in  connection  with   the performance  of  any work of construction, reconstruction or improvement under the provisions of  this  chapter.  Whenever  the  commissioner  of transportation  shall approve such a request of a municipality, he shall make an estimate of the cost of the work which he is requested  by  such municipality  to  perform  in  accordance  with plans and specifications submitted to him by such municipality, which cost estimates,  plans  and specifications  shall  be approved by the municipality in writing before the commissioner of transportation shall proceed with any such municipal work.  Such  municipality  shall  thereupon  deposit  with   the   state comptroller,  who  is  authorized to receive and accept the same for the purposes of this subdivision, a sum equal to such estimate  and  subject to  the  draft  or  requisition  of  the commissioner of transportation. Provided, however, that nothing contained in this subdivision  shall  be construed  to prevent the commissioner of transportation from proceeding with  the  state  work,  incorporating  the  work   requested   by   the municipality in accordance with cost estimates, plans and specifications approved  by  such municipality, if he determines it to be necessary and in the best interest of the state to do so. When the work authorized  by this subdivision has been completed and the cost thereof shall have been paid  by  the  state, the commissioner of transportation shall render to the governing body of such municipality an itemized statement showing in full  (a)  the  amount  of  money  that  has  been  deposited  by   such municipality  with  the  state comptroller as hereinbefore provided, and (b) all disbursements made pursuant to  this  subdivision.  Any  surplus money  shall  be  paid  to  such  municipality  on  the  warrant  of the comptroller  on  vouchers  therefor  approved  by  the  commissioner  of transportation. In the event, upon the completion of the work authorized by   this   subdivision,   it  is  determined  by  the  commissioner  of transportation that the amount of the cost to be borne by a municipality is in excess of the amount deposited by such municipality with the state comptroller, then, in such event, such municipality shall within  ninety days   of   the   receipt   of  the  notice  from  the  commissioner  of transportation of  the  amount  of  the  deficiency  required  to  fully compensate  the state for the municipality's cost of such work, pay such  amount to the state comptroller. As used in this subdivision,  the  term "municipality" shall include a public benefit corporation.   28.  Notwithstanding any other provisions of this chapter or any other law, the commissioner of transportation  is  authorized  to  use  either exclusively for, or in conjunction with, for state purposes as set forth in this chapter any state owned property under his jurisdiction acquired for  other public purposes. Transfer of such use shall be effected by an official order of the commissioner of transportation to be filed in  the offices  of  the  department  of transportation and of the department of state, accompanied  by  a  description  and  map  of  such  property  as prescribed  by an applicable section of this chapter. When the use is to be exclusively for the state purposes as set forth in this chapter  then upon  such filing of the description, map and official order of transfer of use, the property shall be used and maintained for the state purposes as set forth in this chapter and be governed as though the said property was acquired pursuant to the provisions of this chapter. When  dual  use is  to  be  made of such property for the state purposes as set forth in this chapter and other public purposes by the state, the official  order of  transfer  shall so certify, and upon such filing of the description, map and official order of transfer,  the  property  shall  be  used  and maintained  for such dual purposes, and shall be governed either by this chapter or  the  law  under  which  jurisdiction  was  acquired  by  the commissioner of transportation or both as determined by the commissioner of  transportation and as will best effectuate the said dual use of such property. The provisions of this subdivision  shall  not  apply  to  any property, the use of which is restricted by the state constitution.   29. The commissioner of transportation, subject to the approval of the division  of  the budget, is hereby authorized to enter into cooperative agreements with  municipalities  or  municipal  urban  renewal  agencies established  and  organized pursuant to article fifteen-a of the general municipal law relating to the  acquisition  and  clearance  of  property deemed  necessary  for  the  effectuation of any of the purposes of this chapter which lies within or immediately adjacent to  an  urban  renewal area,  as  defined  in the general municipal law, in such municipalities and to the equitable sharing  of  the  costs  of  such  acquisition  and clearance.  When the acquisition of such property as is deemed necessary for highway purposes  would  result  in  consequential  damages  to  the owner's  remaining  property  and  all  or  a  portion of such remaining property lies within an  urban  renewal  area  in  a  municipality,  the commissioner  of  transportation may acquire such remaining property and transfer the same to the municipality or municipal urban renewal  agency upon  payment by the municipality or such municipal urban renewal agency to the state, pursuant to the terms of a cooperative agreement  as  here in  authorized,  of an equitable share of the cost of the acquisition of such property and the clearance thereof where such clearance  is  deemed necessary   or   appropriate   by  the  commissioner.  Such  cooperative agreements may also provide for the acquisition and  clearance  of  such property,  necessary  for  highway  purposes,  by  the  municipality  or municipal urban renewal agency and the transfer  thereof  to  the  state upon payment by the state to the municipality or municipal urban renewal agency  of  an  equitable  share  of  the  cost of such acquisition, and clearance if any.   29-a. The commissioner of transportation, subject to the  approval  of the  division  of  the  budget,  is  hereby  authorized  to  enter  into agreements with the Kingston urban renewal agency as defined in  article fifteen-a  of  the  general  municipal law relating to the clearance and transfer of property owned by the Kingston urban renewal  agency  deemed necessary  for  the  effectuation of any of the purposes of this chapter  which lies within the Kingston urban renewal area. When the  acquisition of  such  property  owned  by  the Kingston urban renewal agency, deemed necessary for highway purposes, would result in consequential damages to the  remaining  property owned by the Kingston urban renewal agency, the commissioner of transportation may acquire such remaining property  from the  Kingston  urban  renewal  agency  and  transfer  the  same  to  the municipality upon  payment  by  the  municipality  to  the  state.  Such agreements  may  also  provide  for  the  clearance  of  such  property, necessary for highway purposes, by the Kingston urban renewal agency and the transfer thereof to the state upon  payment  by  the  state  to  the Kingston  urban renewal agency of an equitable share of the cost of such clearance.   29-b. The commissioner of transportation, subject to the  approval  of the  division  of  the  budget,  is  hereby  authorized  to  enter  into cooperative agreements with the official  authorized  by  the  governing body  of  the city of Yonkers, relating to the acquisition and clearance of property deemed necessary for the effectuation of any of the purposes of  this  chapter  which  lies  within  or  immediately  adjacent  to  a development  area, as defined herein, within the city of Yonkers and the equitable sharing of the costs of such acquisition and  clearance.  When the  acquisition  of  such  property  as is deemed necessary for highway purposes would result in consequential damages to the owner's  remaining property  and  all or a portion of such remaining property lies within a development  area  in  the  city  of  Yonkers,   the   commissioner   of transportation may acquire such remaining property and transfer the same to  the city of Yonkers upon payment by such city to the state, pursuant to the terms of a cooperative agreement  as  herein  authorized,  of  an equitable  share of the cost of the acquisition of such property and the clearance  thereof  where  such  clearance  is   deemed   necessary   or appropriate  by  the commissioner.  Such cooperative agreements may also provide for the acquisition and clearance of  such  property,  necessary for highway purposes, by the city of Yonkers and the transfer thereof to the  state  upon payment by the state to such city of an equitable share of the cost of such acquisition, and clearance if any. As used  in  this subdivision the term "development area" shall mean an area adjacent to a state  highway facility in the city of Yonkers which has been designated as such by the governing body  of  the  city  of  Yonkers,  on  its  own initiative, upon a finding that such area is appropriate for development and  that  it  is  in  the  public  interest  for  the  city  to control development thereof in conjunction with the state highway facility.   30. Have power, on behalf and in the name of the  state,  whenever  he deems  it  to  be  necessary  and in the best interests of the state, to enter into cooperative contracts with any adjoining state, commonwealth, nation, province, or any agency of the government of the  United  States for  data  collection, studies, design, construction, reconstruction and maintenance of state highway connections, including, but not limited to, border  crossing  facilities,   within   any   such   adjoining   state, commonwealth,  nation  or province notwithstanding the provisions of any general, special or local law to the contrary; provided,  however,  that before  any such contract shall take effect, it shall be approved by the governor and attorney general  and  thereafter  approved  by  the  state comptroller  and  filed in his or her office; and further provided, that such contract shall provide for the manner in which the costs are to  be borne,  including,  but  not  limited  to,  the cost of data collection, studies, design, surveys, the preparation of plans  and  specifications, the   acquisition   of   real  property  required  for  rights  of  way, construction, reconstruction and maintenance of such highway connections and bridges thereon and  of  approaches  thereto,  and  border  crossing  facilities,  and  such  other  costs  incidental  thereto.  In no event, however, shall such contract require any fixed annual payment or subsidy by the state of New York to any adjoining state, commonwealth, nation or province  for  the  maintenance or repair of any such highway connection lying outside of the state of New York. The costs incurred by the  state pursuant to any such cooperative contracts as authorized herein shall be payable  from  appropriations  made  to the department for the planning, construction, reconstruction and improvement of state highways, with  or without federal aid.   31.  Cause signs to be erected and maintained designating the point of intersection of each state highway with the "Appalachian Trail".   32. Have power, upon the request of a county, city, town  or  village, whenever  such  commissioner  deems an existing state highway or portion thereof lying within such municipality to be no longer needed or  useful to  the  state  highway  system,  to  enter  into  an agreement with the appropriate authorities of such municipality to abandon by  an  official order  to  such  municipality  such highway or portion thereof. Upon the filing of certified copies of such official order with the county clerk, the county board of supervisors  or  county  legislative  body  and  the county  finance  officer  of the county in which such municipality lies, the  clerk  of  such  municipality,  the  appropriate  officer  of  such municipality  having  general  direction  and  supervision of the public highways thereof and the state comptroller, the  state  shall  cease  to maintain  such  highway  or  portion  thereof  and  all  the  rights and obligations of the state therein shall be turned over and surrendered to such municipality and such highway or portion thereof  shall  thereafter be  maintained  as  a  part  of  the  highway  or  road  system  of such municipality.   33. Have power, whenever such commissioner of transportation deems  it to  be  in  the best interest of the state and necessary, as a result of work authorized pursuant to this  chapter,  the  transportation  law  or chapter  six  hundred  seventy-eight  of  the  laws  of nineteen hundred twenty-eight, as amended, constituting the  grade  crossing  elimination act,  and  upon  the request of a public utility corporation, to provide for the removal, relocation, replacement  or  reconstruction  of  pipes, mains,  wires,  poles,  lights,  and  other  similar  facilities of such utility  corporation.  The  expense   of   such   removal,   relocation, replacement  or  reconstruction  shall  be borne entirely by the utility corporation except so  much  thereof  as  would  constitute  compensable damages  under  any  provision  of  law.    Whenever the commissioner of transportation  shall  approve  such  a  request  of  a  public  utility corporation,  he shall, with the assistance of such utility corporation, make an estimate of the cost of  the  work  which  he  is  requested  to perform  in accordance with plans and specifications submitted to him by such utility  corporation.  Such  utility  corporation  shall  thereupon deposit  with  the  state  comptroller, who is authorized to receive and accept the same for the purposes of this subdivision,  a  sum  equal  to such   estimate   and  subject  to  the  draft  or  requisition  of  the commissioner of transportation. If at any time during the course of  the work  the  commissioner of transportation deems the sum submitted by the utility corporation to be insufficient to meet anticipated costs of  the work,  he  shall  notify  the  utility  corporation  of such anticipated deficiency, whereupon the utility company shall deposit with  the  state comptroller, who is authorized to receive and accept the same subject to the  draft  or  requisition  of the commissioner of transportation, such additional  sum  as  is  deemed  necessary  by   the   commissioner   of transportation  to  meet  anticipated costs. When the work authorized by this subdivision has been completed the commissioner  of  transportation  shall render to the utility corporation an itemized statement showing in full  (a)  the  amount  of money that has been deposited by such utility company with the state comptroller as hereinbefore provided, and (b) all disbursements   made   pursuant   to   this   subdivision   including  a proportionate charge for engineering. Any surplus money shall be paid to such  utility  company,  without  interest,  on  the  warrant   of   the comptroller  on  vouchers  therefor  approved  by  the  commissioner  of transportation.   34. Have power to utilize federal aid to undertake the federal traffic operations program to increase capacity and safety  on  existing  street and  highway  systems  in  urban  areas.  Before  any project under such program is commenced, the city or municipality in which the  improvement is  to  be  made  shall  consent  to and approve of the project. If such project requires additional property, the commissioner of transportation may acquire such property as may be necessary for the purposes  of  this subdivision,  in the same manner as other property is acquired for state highway purposes pursuant to this chapter,  and  he  may  enter  into  a written agreement with the municipality involved to convey such property as  deemed  necessary  for  the  purposes  of  this  subdivision to such municipality  on  terms  beneficial  to  the  state.  The  cost  of  the acquisition of additional property as provided in this subdivision shall be  a  proper  charge  against  funds available for the project. If such project requires the removal,  relocation,  replacement,  alteration  or reconstruction  of railroad facilities normally used for the maintenance and  operation  of  the  railroad,  and   including   tracks,   signals, communication   lines,  electrical  lines,  sewer  lines,  water  lines, buildings, structures and their appurtenances, he  may  arrange  through the   railroad   for   the  performance  of  such  removal,  relocation, replacement, alteration or reconstruction of such facilities as  he  may deem  necessary.  Such  removal,  relocation, replacement, alteration or reconstruction of  facilities  may  be  performed  on  property  of  the railroad  company. If such work requires additional property or if it is necessary that the consequential relocation of such facilities  be  made to  other property, he may acquire such property as may be necessary for the purposes of this subdivision, in the same manner as  other  property is  acquired for state highway purposes pursuant to this chapter, and he may enter into a written agreement with the owner of the railroad  lands to  convey  such  property  as deemed necessary for the purposes of this subdivision to such owner on terms beneficial to the state. The  expense of  such  removal, relocation, replacement, alteration or reconstruction of the railroad facilities and any right  of  way  acquisition  therefor shall  be  a  proper  charge against funds available for the project and such work may be performed by contract in the same  manner  as  provided for  state  highways in article three of this chapter, or, by the use of departmental forces and equipment and of materials  purchased  therefor. However,  if  the  commissioner  of transportation deems it to be in the interest of the public, he may contract with  the  railroad,  upon  such terms  as  he  may  deem  advantageous  to  the state, to have such work performed (a) by the employment  of  the  forces  and  the  use  of  the equipment  of  such  railroad  and by the use of any material on hand or necessary to be purchased by such railroad or (b) by such  other  method as  the  commissioner  of  transportation  shall  approve  or  (c)  by a combination of the  methods  provided  in  this  subdivision,  and  upon completion  and  acceptance  of the work, such facilities shall be owned and maintained by  the  railroad.  The  commissioner  and  the  city  or municipality  in  which  the improvement is to be made are authorized to enter into any necessary  agreements  to  carry  out  such  projects  in accordance with the federal standards and criteria.    34-a.  Have  power  to  utilize  federal  aid to undertake federal aid programs available for highways and bridges not  on  the  state  highway system.  Before  any  project  under  any such program is commenced, the governing  body  of  the  county,  city,  town  or  village  which   has jurisdiction  of the highway or bridge and in which the project is to be undertaken shall consent to and approve of such project. If any  project under  any  such  program requires additional property, the commissioner may, at the request of the governing body  of  the  municipality  having jurisdiction  of  the  highway or bridge acquire such property as may be necessary for the purposes of this subdivision, in the  same  manner  as other  property  is acquired for state highway purposes pursuant to this chapter and the eminent domain procedure law. Whenever the  commissioner determines that such project requires additional property, he shall make an  estimate  of the cost of the property acquisition, in addition to an estimate of the cost  of  constructing  the  project,  and  submit  such estimate  to  the  municipality. The cost estimates shall be approved by the municipality  in  writing  in  the  form  of  a  resolution  of  the legislative  body  of  the municipality authorizing participation in the cost of such acquisition and such construction  to  the  extent  of  the amount  of  the  estimated  cost  to  be borne by the municipality. Such resolution shall also authorize the municipality to deposit a sum  equal to   the   municipal  share  of  the  estimated  costs  with  the  state comptroller.  The  commissioner  shall  not  proceed   with   any   such acquisition   until  the  municipality  has  deposited  with  the  state comptroller, who is authorized to receive and accept the  same  for  the purposes of this subdivision, a sum equal to the amount of such estimate of  the  cost of acquisition to be borne by the municipality and subject to the draft or requisition of the commissioner. Before the commissioner shall proceed with the construction of such project,  such  municipality shall  deposit  with the state comptroller, who is authorized to receive and accept the same for the purposes of this subdivision, a sum equal to the remainder of the amount of the estimated cost to  be  borne  by  the municipality.  When  the  work  authorized  by this subdivision has been completed and  the  cost  thereof  has  been  paid  by  the  state,  the commissioner  shall render to the governing body of such municipality an itemized statement in accordance with section eighty-b of this  chapter. The   commissioner   may   enter  into  a  written  agreement  with  the municipality involved to convey such property as  deemed  necessary  for the   purposes  of  this  subdivision  to  such  municipality  on  terms beneficial to the state. The  cost  of  the  acquisition  of  additional property  as  provided  in  this  subdivision  shall  be a proper charge against funds available  for  the  project.  The  commissioner  and  the municipality  in  which  any  such  project  is  to  be  undertaken  are authorized to enter into any necessary  agreements  to  carry  out  such projects in accordance with federal standards and criteria.   34-b.  Have power, on behalf and in the name of the state, whenever he deems it necessary and in the best interests of the state, to enter into cooperative agreements with any one or several municipalities within the state for the operation and maintenance of computerized traffic  control signal  systems extending through, among or between such municipalities, portions of which systems may be on local roads and  portions  of  which systems  may  be  on  the  state  highway  system,  notwithstanding  the provisions of any general, special or local law to  the  contrary.  Such agreements  shall  provide  for  the  manner  in  which  the work of the operation and maintenance of such computerized  traffic  control  signal systems   shall   be  performed,  including  but  not  limited  to,  the authorization for the forces or agents of a municipality to perform such work on  the  state  highway  system  for  the  best  overall  efficient  operation  and  maintenance  of the entire system. Such agreements shall also provide for the manner in which the  costs  of  the  operation  and maintenance of such computerized traffic control signal systems shall be borne including but not limited to, the cost of materials, equipment and labor  necessary  for  the operation and maintenance of such systems and such other costs incidental thereto. The costs  incurred  by  the  state pursuant  to  any such cooperative agreements as authorized herein shall be payable from appropriations made to the department of  transportation for the operation, and/or maintenance of state highways, with or without federal  aid.  Such  operation  and  maintenance work to be performed in accordance with the agreements contemplated herein may be performed  (a) by  contract  pursuant  to  state  law applicable to the state or to the municipality letting the contract, or  (b)  by  the  use  of  department forces  with  equipment  and materials purchased therefor, or (c) by the use of the forces of any one or several of  the  municipalities  through which  such  computerized traffic signal systems extend, with the use of the equipment of such municipality and by the use  of  any  material  on hand  or necessary to be purchased by any such municipality therefor, or (d) by such other method as the  commissioner  of  transportation  shall approve  or  (e) by a combination of such methods. Any such municipality is  hereby  authorized  to  enter  into  all  necessary  agreements  and contracts for the purposes of this subdivision, in accordance with state and/or federal standards and criteria.   35. Have power, subject to the approval of the director of the budget, whenever  the  commissioner  deems  it to be in the best interest of the state in connection with an  authorized  or  anticipated  state  highway construction,  reconstruction  or maintenance project and in conjunction with an authorized or anticipated city, county, town, village or  public authority  public  work  project,  and  ancillary thereto, to enter into agreements with cities, counties, towns, villages or public  authorities for  the  performance  by  or  on behalf of any such city, county, town, village or public authority of any work connected with  or  necessitated by  such  authorized  or  anticipated  construction,  reconstruction  or maintenance of any part of the state highway system located  within  the jurisdiction of such city, county, town, village or public authority and to  make  payments  to  any  such  city, county, town, village or public authority on account of such work notwithstanding the provisions of  any general, special or local law to the contrary. The costs incurred by the state  pursuant  to  any  such  agreements with cities, counties, towns, villages, or public authorities as authorized herein  shall  be  payable from  appropriations  made  to  the department of transportation for the construction, reconstruction and maintenance of state highways  with  or without  federal aid, and the work authorized herein may be performed by contract in the same manner as provided in article five-A of the general municipal law or in the case of public authorities, as provided  in  the public  authorities  law. Any such city, county, town, village or public authority is  hereby  authorized  to  enter  into  agreements  with  the commissioner of transportation for the purposes of this subdivision.   36.  Have  power  to  acquire  property,  in  the same manner as other property is  acquired  for  state  highway  purposes  pursuant  to  this chapter, for the purpose of parking facilities and appurtenances thereto at  or  adjacent  to  transportation  interfaces and connections to such facilities.   37. Have power, whenever such commissioner of transportation deems  it feasible  and in the best interests of the state upon the request of the head of a  state  department,  agency,  institution  or  public  benefit corporation  to  construct  access  or branch connections from any state highway to any highway or roadway system of any facility of  such  state  department,  agency,  institution  or public benefit corporation. Before undertaking such construction, the commissioner  and  the  head  of  the state  department,  agency,  institution  or  public benefit corporation shall  enter  into  a  written agreement, subject to the approval of the director of the budget, providing the funds therefor,  or  reimbursement by   such  state  department,  agency,  institution  or  public  benefit corporation of the funds therefor, including all costs incurred  by  the department  in  connection  with such construction. Where such access or branch connections are to be made to a highway or roadway system of  any facility  of  either  the  state  university  of  New  York or the state university construction fund, both the state university of New York  and the  state  university  construction  fund  shall  be  parties  to  such agreement. If such access or branch connection is not determined by  the commissioner of transportation to be a part of the state highway system, it shall be maintained as determined jointly by the commissioner and the head  of  such  state  department, agency, institution or public benefit corporation.   38. Have power, whenever such commissioner of transportation deems  it to  be  in  the  best  interests  of  the state, to sell or lease to the highest  responsible  bidder  furnishing  the  required  security  after advertisement  for  sealed  bids  has  been  published in a newspaper or newspapers designated for  such  purpose,  for  a  term  not  to  exceed ninety-nine  years,  property  rights  in  air  space, unused surface or subsurface space in connection with any state-owned property  under  his jurisdiction  or other property acquired for state highway purposes. The terms of said sale or lease shall be determined by the commissioner  and shall  be subject to approval by the director of the budget. In order to carry any such sale or lease into effect,  the  commissioner  is  hereby authorized  to  execute  and  deliver,  in the name of the people of the state, a quitclaim of or lease to such property rights in the air  space and/or  subsurface  space.   Each such instrument of conveyance or lease shall be prepared by the attorney  general  and  prior  to  delivery  of possession  of  the subject property rights in air space, unused surface and/or subsurface space shall be approved by him as to form  and  manner of execution. No such sale or lease by the commissioner shall deprive an abutting  landowner  of  his  right  of  access.  The development of any property interest granted pursuant to this subdivision shall be  subject to  the  zoning  regulations and ordinances of the municipality in which said property is located and to the support, protection or relocation of any public utility facilities within the right of way  of  any  highways within said property at the sole cost and expense of the grantee, lessee or  developer. The provisions of this subdivision shall not apply to any property, the use of which is restricted by the state constitution.   39. Have power to acquire  property,  in  the  same  manner  as  other property  is  acquired  for  state  highway  purposes  pursuant  to this chapter, adjacent to or in the vicinity of the right of way on any state or federal-aid  highway  system,  or  public  transportation  system  or installation  outside  a  central  business  district,  and to construct publicly owned parking facilities and appurtenances  thereon  or  within such  right  of  way,  including  connections  to  such facilities, and, subject to the rights of utility companies to install and maintain their facilities within the highway right of way, provide for the use  of  the air  space  above  and  below  the established grade line of the highway pavement,  to  serve  an  urban  area.   Such   parking   facility   and appurtenances  shall  be  located  and  designed  to permit their use in conjunction with existing or planned public  transportation  systems  or installations.  Before  undertaking  any  such facility the commissioner shall  first  obtain  the  approval  of  the  governing  body   of   the  municipality  in  which  such  facility  is to be constructed. In cities having a population of a million or  more,  the  approval  of  the  city council  must  also  be obtained. The commissioner of transportation may provide  for  the  operation  and maintenance in whole or in part of any such  parking  facility  and  appurtenances   by   any   person,   firm, corporation,  public  authority,  municipality,  or  state department or agency, and may enter into any agreement or contract and  establish  the terms and conditions of such agreement or contract as he deems necessary to  facilitate  such  operation  and  maintenance. In the event fees are charged for the use of any such  facility,  the  rate  thereof,  or  the manner  of  establishing  the  rate  thereof, shall be set forth in such agreement or contract. The municipality  in  which  the  improvement  is constructed  is  authorized to enter into any such agreement or contract with the commissioner of transportation to carry out  such  projects  in accordance  with  state  and/or  federal  standards  and  criteria.  The proportion of the total cost of work performed on any  project  pursuant to this subdivision, in addition to any or all elements thereof that are not  subject  to  federal  aid, which shall be borne by the state of New York  and  charged  against  funds  available  for   the   construction, reconstruction  or maintenance of state highways shall be the difference between the funds contributed for such work by  the  federal  government and the actual cost thereof less any amount which may be provided by any municipality, person, firm, corporation or public benefit corporation in accordance with any provision of law.   40.  Have power whenever the commissioner of transportation determines that it is in the  best  interest  of  the  state,  considering  safety, over-all economy of providing transportation services, and effect on the flow   of   vehicular   traffic  along  a  state  highway  traversing  a municipality to eliminate parking  within  the  right  of  way  of  such highway,  and  upon  the  determination  of  the commissioner to acquire property  and  to  construct  thereon   any   parking   facilities   and appurtenances,   including   connections  thereto,  which  he  may  deem necessary in order to facilitate the purposes of  this  subdivision.  He may  provide for state maintenance of facilities and appurtenances if he determines  such  maintenance  to  be  desirable.  If  the  commissioner determines  that  parking facilities and appurtenances are justified and necessary and in the best interest of the state he  may  submit  to  the governing  body  of  the  appropriate municipality a proposal to provide such facilities. Before undertaking any such  facility  he  shall  first obtain  the approval of the governing body of the municipality involved. In cities having a population of a million or more, the approval of  the city  council must also be obtained. The commissioner may as a condition to undertaking any such facility and prior to  the  acquisition  of  any property  or  the commencement of any work for same by the commissioner, require the municipality to assume all the rights  and  obligations  for the  operation,  maintenance  and  control  of said parking facility and appurtenances. Acquisition of the property  for  the  purposes  of  this subdivision  shall  be  in the same manner as other property is acquired for state highway purposes pursuant to this chapter. The expense of such property acquisition, construction and any  state  maintenance  of  such parking  facilities  and  appurtenances,  including  connections to such facilities, shall be a proper charge against  funds  available  for  the construction,  reconstruction  or  maintenance  of  state  highways. The commissioner of transportation is authorized, with the approval  of  the director  of the budget, to sell, lease or otherwise dispose of any real property acquired or improved pursuant to this  subdivision  upon  terms which  he  has  determined  to be in the best interest of the state. Any such disposition, however, shall  provide  for  the  assumption  by  the  grantee of all the rights and obligations for the operation, maintenance and control of said parking facilities and appurtenances.   41.  Have  power, in connection with a department construction project undertaken with federal aid, whenever the commissioner  determines  that it  is in the best interest of the state considering among other factors the cost and feasibility of other alternatives, to provide for the noise insulation of publicly owned school buildings which are off the  highway right-of-way.  The  commissioner may provide for the noise insulation by entering into an agreement with the appropriate board  of  education  or school  district  to  provide the capital funds necessary for the design and construction of such noise insulation  to  abate  highway  generated noise  within the school building. The expenses of such noise insulation shall be charged against funds available to the department  for  highway construction.   42.   (a)  Within  ninety  days  after  the  effective  date  of  this subdivision establish a local road classification task force which shall within two years recommend:  (i) alternative guidelines for classifying town  or  county  roads  in rural  areas  according to principal uses, traffic volume and such other criteria as it may deem appropriate;  (ii) for each class of road, the width of  driving  surfaces  and  the guidelines that are necessary to construct or reconstruct such roads and bridges;  (iii)  for each class of road, the guidelines for maintenance that may be required;  (iv) signs that may be erected to designate each class of  road  along with designated speed limits and other applicable guidelines;  (v)   guidelines   by  which  local  legislative  bodies  would  apply classifications to specific roads within their jurisdiction; and  (vi) undertake all other acts which are consistent with  the  purposes of  this  subdivision  and which, in the opinion of the task force, will promote the most effective use of the town and  county  road  system  in rural areas.  (b)  Members  of  the  task force. The task force shall consist of the commissioner or his  designee,  who  shall  serve  as  chairman,  eleven persons appointed by the governor, the commissioner of the department of agriculture  and  markets or his designee and the Dean of the College of Agriculture and Life Sciences at Cornell University or his designee.  Of those  appointed  by  the  governor,  there  shall  be four town highway superintendents then in office in  rural  areas,  three  county  highway superintendents  then  in  office  in rural areas, one official from the department, and three persons who own or operate  a  business  in  rural areas  of  this  state.  In  addition, a representative from the federal highway  administration  may  be  invited  to  serve  in  an  ex-officio capacity.  The  commissioner may also invite representatives of town and county governments to consult with the task force on  a  regular  basis. Vacancies   shall   be  filled  in  the  same  manner  as  the  original appointments.  (c) Compensation of members. Members of the task force  shall  receive no  compensation  for  their services, but shall be reimbursed for their necessary expenses of up to seventy-five dollars per diem, not to exceed seven hundred fifty dollars in a given year.  (d) Staff support. The department shall provide staff support  to  the task  force for organizational support including background research and report development.  (e) As used in this subdivision the term "rural areas" shall mean  any county  of  less  than two hundred thousand population or any town which has a population of less than one hundred fifty persons per square mile.    43. Have power, whenever the commissioner finds it  is  necessary  for the  construction or reconstruction of state highways, or transportation projects under the transportation law, to acquire  property  to  replace publicly  owned  park,  recreation  area, wildlife and waterfowl refuge, wetland  or  historic  site  lands  acquired or to be acquired for state highway or transportation purposes. The commissioner, after consultation with the public owner of the property to be replaced,  the  commissioner of  the department of environmental conservation and the commissioner of the office of parks, recreation and historic preservation, is authorized to acquire such replacement land of approximate equality in fair  market value,  and  of  reasonably  equivalent  resource  value, usefulness and location to those lands acquired for highway or transportation purposes. The commissioner may enter into written agreements to convey property to the owners of such public lands for the purposes of this subdivision  on terms  beneficial to the state. Acquisition of property deemed necessary for the replacement of such land shall be in the same  manner  as  other property is acquired for state highway purposes pursuant to this chapter and  the  expense  of  such acquisition shall be a proper charge against funds available for the construction or reconstruction of state highways or the transportation project as the case may be.   * 44. On or before December thirty-first, two thousand four, and on or before  December  thirty-first  of  every  fifth  year  thereafter,  the commissioner  shall  submit to the governor, the temporary president and majority leader of the senate and the speaker of the assembly a  special additional  assessment  report of the condition of the state highway and bridge system and the goals for the five year period following the  date of  such  report.  Such report shall describe the condition of the state highway  and  bridge  system,  the  department's  procedures   for   the management  of  pavements  and  bridges,  and  measurements  for  and an evaluation of system performance. Such report shall also  recognize  the importance of addressing the most urgent regional needs as determined by such  measurements  and  evaluation.  Nothing  contained herein shall be deemed to supersede any other reporting requirements  otherwise  imposed upon the department by law, rule or regulation.   * NB  Not  effective  due  to defeat of the Transportation Bond Act of 2000   45. On or before December thirty-first, two thousand nine, and  on  or before  December  thirty-first  of  every  fifth  year  thereafter,  the commissioner shall submit to the governor, the temporary  president  and majority  leader of the senate and the speaker of the assembly a special additional assessment report of the condition of the state  highway  and bridge  system and the goals for the five year period following the date of such report. Such report shall describe the condition  of  the  state highway   and   bridge  system,  the  department's  procedures  for  the management of  pavements  and  bridges,  and  measurements  for  and  an evaluation  of  system performance. Such report shall also recognize the importance of addressing the most urgent regional needs as determined by such measurements and evaluation.  Nothing  contained  herein  shall  be deemed  to  supersede any other reporting requirements otherwise imposed upon the department by law, rule or regulation.   46. Have the authority to enter into agreements  and/or  contracts  to provide  or  receive  services  pursuant to section ninety-nine-r of the general  municipal  law  upon  such  terms  and  conditions  as   deemed appropriate by the commissioner or commissioner's designee.