2023 New York Laws › HAY - Highway › Article 2 - Commissioner of Transportation › 10-F - Long Island Suburban Highway Improvement Program.

§  10-f. Long Island suburban highway improvement program. 1. There is
hereby  established  the  "Long  Island  suburban  highway   improvement
program".
2.  The  program  shall  provide  fifty  million  dollars  to  be made
available as follows:
 
State Fiscal Year 1993-1994                                $12.5 million
State Fiscal Year 1994-1995                                $12.5 million
State Fiscal Year 1995-1996                                $12.5 million
State Fiscal Year 1996-1997                                $12.5 million
Such fifty million  dollars  shall  be  provided  pursuant  to  annual
appropriations  from  the  dedicated  highway  and  bridge trust fund or
pursuant to authorization by the legislature for capital projects.
3. Program funds shall be made available  for  financing  any  of  the
following  types  of capital projects within Nassau and Suffolk counties
where the service life of the project is at least ten years:
(a)   reconstruction,   replacement,   reconditioning,    restoration,
rehabilitation,  and  preservation  of  state,  county,  town,  city and
village  roads,  highways,  parkways,  and  bridges  to   restore   such
facilities to their intended functions; and
(b)  construction,  reconstruction,  enhancement  and  improvement  of
state, county, town, city and  village  roads,  highways,  parkways  and
bridges to address current and projected capacity problems.
The  amount  of  state  funds  historically appropriated statewide for
transportation capital purposes from other sources shall not be  reduced
because  of  the availability of program moneys. Prior to the allocation
of program funds for a county, town, city or  village  capital  project,
the  municipality  responsible  for  the  project  shall  certify to the
commissioner of transportation that the amount of funds appropriated for
transportation capital  purposes  by  that  municipality  shall  not  be
reduced because of the availability of such program funds.
4. It is the intention of the governor, the temporary president of the
senate  and  the  speaker  of the assembly to enter into a memorandum of
understanding with respect to the selection of capital projects and  the
allocation  of  program  moneys  among  capital  projects.  The minority
leaders of the senate and assembly may also enter into the memorandum of
understanding.
5. (a) Funding of municipal projects will be made upon the application
for funding  of  prior  expenditures  in  a  format  prescribed  by  the
commissioner.  Such  funding  of  state  projects  may  be  pursuant  to
agreements between the commissioner  and  the  New  York  state  thruway
authority  and  may  be  from  the  proceeds  of  bonds,  notes or other
obligations issued pursuant to section three hundred eighty-five of  the
public authorities law.
(b)  Funding of municipal project expenditures for an approved project
shall require the certification of the sponsoring  municipality  to  the
department that:
(i)  the  amount  of  municipal  funds appropriated for transportation
capital projects by municipalities shall not be reduced because  of  the
availability  of  these  funds,  and  each  recipient municipality shall
certify annually that its own level of funding of transportation capital
projects, excluding funds expended for  those  capital  projects  funded
pursuant to this section, was not diminished;
(ii) program funds will be used solely to fund actual expenditures for
the    construction,    reconstruction,   replacement,   reconditioning,
restoration, rehabilitation, preservation, enhancement  and  improvement
of  state and local roads, highways, parkways and bridges, including but

not limited to right-of-way acquisition,  preliminary  engineering,  and
construction supervision and inspection;
(iii) the project constructed with program funds has a service life of
ten or more years;
(iv)   the  amount  of  funds  requested  is  no  greater  than  prior
unreimbursed  municipal  project  expenditures  for  work  completed  or
materials incorporated in qualifying projects; and
(v)  program  funds  are  not  to be used for the mandated non-federal
share of federally funded projects.
(c) By written agreement between them, a county may  act  for  one  or
more  cities,  towns  or  villages  in  the  implementation  of projects
eligible for funding pursuant to this section. A copy of such  agreement
shall be filed with the commissioner in connection with the program plan
that includes such a project.