NY Transp L § 26 (2021)
2021 New York Laws TRA - Transportation Article 2-A - The Interstate Bridge Commission 26 - Expense of Maintenance a Joint Charge; Reconstruction of Bridges.

§ 26. Expense   of  maintenance  a  joint  charge;  reconstruction  of   bridges. Upon the acquisition as aforesaid by this  state  jointly  with   the  commonwealth  of  Pennsylvania of the bridge properties, rights and   franchises, as hereinbefore provided, such bridge or bridges, except  in   the  case of railroad or railway bridges as hereinbefore provided, shall   be and remain in the charge and custody of the  said  joint  commission,   and   such  bridges  and  the  immediate  approaches  thereto  shall  be   maintained jointly by this state and the commonwealth of Pennsylvania in   equal proportions, and shall be kept in constant repair so long  as  the   said  joint  commission  deems  it  feasible  so  to do, and the expense   thereof and therefor shall be paid as are other expenses incident to the   maintenance of property in the charge and custody  of  the  said  state;   however,  and  notwithstanding  the  aforesaid provision as to the joint   maintenance  of  the  approaches  to  such  bridges,  if  and  when  the   department  of  highways of the commonwealth of Pennsylvania shall, with   the approval of the said joint commission, maintain at its sole  expense   said  approaches  lying  in  Pennsylvania as a part of its state highway   system or  otherwise,  then,  and  in  that  event,  the  department  of   transportation  of  New  York  state,  with  the  approval of said joint   commission, shall take over and maintain all of  such  approaches,  with   the  exception  of the approach in Port Jervis, lying in New York state,   such approaches in New York state to be  considered  as  the  length  of   existing roads between the bridge head of the respective bridges and the   nearest  intersecting  public  road  or  street,  and  the  cost of such   maintenance by said department of transportation shall be  payable  from   any  moneys  available  for  the maintenance of state highways; provided   that appropriate concurrent legislation for the same purpose be  enacted   by the commonwealth of Pennsylvania.If  in  the  discretion  of  said  joint commission it shall be deemed   infeasible to continue the repairing of any such  bridge  and  the  said   joint commission shall therefore determine to discontinue the public use   thereof  then  the  interstate  bridge  commission  may  enter  into  an   agreement with  the  department  of  highways  of  the  commonwealth  of   Pennsylvania  for  the  removal  of  such bridge and the expense of such   removal shall be paid  one-half  by  this  state  and  one-half  by  the   commonwealth of Pennsylvania.The   said  interstate  bridge  commission  is  hereby  empowered  and   authorized to enter into an agreement or agreements with the  department   of  highways  of the commonwealth of Pennsylvania for the reconstruction   of the existing free bridges  across  the  Delaware  river  between  the   commonwealth  of  Pennsylvania  and the state of New York at or near the   present location of such bridges as may be fixed and  determined  in  an   agreement or agreements entered into pursuant to the provisions hereof.Said  agreement  or  agreements  shall  provide  for  the  making  and   preparation of the necessary surveys, plans and  specifications  by  the   state  of  New York and the commonwealth of Pennsylvania, either jointly   or by either, in such manner as may be agreed upon; and the  letting  of   the  contract  and  the  supervision  and  inspection of the work may be   handled in the same manner; provided, however, that  said  agreement  or   agreements  shall make an equal division of the expense involved between   the state of New York and the commonwealth of Pennsylvania, and provided   further that each said state shall secure at its own  cost  and  expense   the necessary right of way within its respective limits required for the   reconstruction  of  said  bridges and approaches thereto, and each state   shall bear the cost of said approaches within its respective limits.In carrying out the terms of any agreement or agreements entered  into   pursuant  to  the  provisions  of  this  act  for  the reconstruction or   maintenance of any bridge or bridges, as well as in connection with  the    reconstruction  or  maintenance  of the necessary approaches in New York   state, the said interstate bridge commission, acting by and through  the   commissioner  of  transportation  shall  have  and exercise all the same   rights  and  powers  as  are  vested  by  law  in  the  commissioner  of   transportation relating  to  the  construction  of  state  highways  and   bridges thereon.The  portion  of the cost and expense to the state of New York for its   share of the engineering  and  the  reconstruction  of  said  bridge  or   bridges,  as  well as the approaches thereto within said state, shall be   payable from any moneys available for the construction or reconstruction   of state highways and bridges thereon  to  be  paid  out  of  the  state   treasury  on  the  audit  and  warrant  of  the state comptroller on the   certificate of the commissioner of transportation countersigned  by  the   interstate bridge commission of this state.Upon  the  completion of any such bridge or bridges they shall be free   from toll and shall be in the charge  and  custody  of  the  said  joint   commission,  and  such  bridge  or  bridges and the immediate approaches   thereto shall be maintained jointly by this state and  the  commonwealth   of  Pennsylvania  in  the  same way as other bridges across the Delaware   river under the charge and custody of the joint commission.The share  of  New  York  state  of  the  cost  and  expense  of  such   maintenance  and  repair  shall  be payable from any moneys of the state   available for the maintenance and repair of state highways  and  bridges   thereon  upon  vouchers  audited  by  the  interstate bridge commission;   provided that appropriate concurrent legislation for the same purpose be   enacted by the commonwealth of Pennsylvania.