2023 New York Laws › HAY - Highway › Article 2 - Commissioner of Transportation › 10-A - Special Powers of the Commissioner of Transportation.

§  10-a.  Special powers of the commissioner of transportation. 1. The
commissioner of transportation, subject to the approval of the  director
of  the budget, is hereby authorized to enter into a cooperative highway
contractual agreement or agreements with  the  New  York  state  thruway
authority  and  municipalities  for  the  financing by such authority of
expenditures made in advance  by  the  state  for  design,  acquisition,
construction,  reconstruction  or the reconditioning and preservation of
transportation facilities,  including  associated  costs  for  planning,
engineering  services  and  construction  inspection,  pursuant  to  the
provisions of section eighty-eight-b of the  state  finance  law,  state
highways,  state parkways, state arterial highways in cities and related
facilities  and  structures   thereon,   including   bridges   and   the
reconditioning,  preservation  of  structures  separating  highways  and
railroads, the traffic  operations  program  to  increase  capacity  and
safety  on  existing street and highway systems in urban areas, capacity
and infrastructure improvements to state, county, town, city or  village
roads,  highways,  parkways  and  bridges, and buildings, equipment, and
facilities used or useful in connection with the maintenance, operation,
and  repair  of  said  transportation  facilities,  streets,   highways,
parkways  and  related  facilities and structures, in any case where the
expense thereof is paid in whole or in part by the state.  Such  advance
expenditures  by  the  state  shall  be  recorded on a project basis and
referred to as "cooperative highway contractual agreement expenditures".
2. Such cooperative highway contractual agreement or agreements  shall
include  but  not  be  limited  to: (a) description and location of each
project; (b) the projected dates of commencement and completion; (c) the
estimated total cost of each project, including the  amount  of  federal
aid available therefore.
3. In addition to the requirements of subdivision two of this section,
each  such cooperative highway contractual agreement or agreements shall
provide that: (a) each project upon completion shall be  maintained  and
operated  under  the  supervision of the department of transportation or
the municipality without cost to the New York State  thruway  authority;
(b) upon completion of each project the New York State thruway authority
shall  issue  a  use permit to the commissioner of transportation or the
municipal agency designated by him for  such  project  or  municipality,
which  shall  be made available to the commissioner of transportation or
the municipal agency designated by him or the  municipality  on  a  toll
free  basis;  and  (c) no project shall be undertaken which will require
cooperative highway contractual agreement payments for a term in  excess
of the probable life of such project, as defined in section sixty-one of
the  state finance law, and, provided further, that at the expiration of
such term all  rights  and  interest  of  the  New  York  State  thruway
authority  in  each such project shall without any additional payment by
the state to such authority be vested in the people of the state of  New
York or the municipality.
4.  The  commissioner of transportation and, with respect to municipal
projects, the municipality  having  jurisdiction  over  the  project  is
hereby   authorized  to  undertake  design,  acquisition,  construction,
reconstruction or the reconditioning and preservation of  transportation
facilities,  pursuant to the provisions of section eighty-eight-b of the
state finance  law,  state  highways,  state  parkways,  state  arterial
highways  in  cities  and  related  facilities  and  structures thereon,
including  bridges,  reconditioning  and  preservation   of   structures
separating highways and railroads, and the traffic operations program to
increase  capacity  and safety on existing street and highway systems in
urban areas, and capacity  and  infrastructure  improvements  to  state,
county,  town, city or village roads, highways, parkways and bridges, in

any case where the expense thereof is paid in whole or in  part  by  the
state,   as  financed  by  the  New  York  State  thruway  authority  of
expenditures made in advance by the State; and, provided that  all  such
projects  and  traffic operations program projects shall be performed in
accordance with the provisions of the highway law.
5.  The  commissioner  of  transportation  is  hereby  authorized  and
empowered  to  provide in each cooperative highway contractual agreement
or agreements during the  term  or  terms  of  each  such  agreement  or
agreements against loss or damage to any project caused by storm, flood,
fire, explosion or other catastrophe, whether by insurance or otherwise.
Each  cooperative highway contractual agreement or agreements pursuant
to this section shall contain a clause that such agreement or agreements
of the state thereunder shall be deemed executory only to the extent  of
the  monies  available  to the state and no liability on account thereof
shall be incurred by the state  beyond  the  monies  available  for  the
purpose thereof.
6.  The  state  comptroller  shall  at the commencement of each month,
certify  to  the  director  of   the   budget,   the   commissioner   of
transportation,  the  chairman  of  the  senate  finance  committee, the
chairman of the assembly ways and means committee, and the  chairman  of
the  New  York  State  thruway  authority, the amounts expended from the
advance  appropriation  made  by  this  act  for  design,   acquisition,
construction, reconstruction or reconditioning and preservation projects
and  traffic  operations  program  projects for the month preceding such
certification and such certification shall not exceed in  the  aggregate
the amounts appropriated.
7.  The commissioner of transportation may, subject to the approval of
the director of  the  budget,  enter  into  a  supplemental  cooperative
highway  contractual  agreement  or  agreements  with the New York State
thruway authority or municipalities pursuant to the provisions  of  this
section,   provided  that  each  such  cooperative  highway  contractual
agreement or supplemental thereto is approved as to form by the attorney
general of the state of New York.
8. (a) Notwithstanding any other provisions of law, general or special
or local, the commissioner of transportation is  hereby  authorized  for
and  on behalf and in the name of the people of the state of New York to
execute and deliver to the New York State thruway  authority,  for  such
consideration  or upon such terms and conditions as may be determined by
the commissioner of  transportation  and  the  New  York  State  thruway
authority,  subject  to  the  approval  of the director of the budget, a
lease or mortgage for a  term  not  exceeding  the  term  authorized  by
subdivision  three  of this section or a quitclaim deed conveying to the
New York State thruway authority all the right, title  and  interest  of
the  people  of  the state of New York in and to any of the lands and in
and to any of the design, acquisition, construction,  reconstruction  or
reconditioning   and   preservation   improvements  thereon  or  traffic
operations  program  improvements  over  which   the   commissioner   of
transportation  has  possession,  jurisdiction,  supervision and control
pursuant to the provisions of the highway law or other law.
(b) Notwithstanding any other provision of law, general or special  or
local,  for  capacity  and  infrastructure improvements to county, town,
city or village roads, highways, parkways and bridges, the  municipality
with  jurisdiction  over  the project shall enter into an agreement with
the department of transportation for the conveyance of all affected real
property including highways, roads, parkways and bridges to the  thruway
authority,  for  the  term  of  the bonds or notes issued by the thruway
authority, or its successor agency, for such project or for such  lesser
period  that  such  bonds or notes are outstanding. During the period of

such  conveyance  to  the   thruway   authority,   the   department   of
transportation  or the municipality shall agree to maintain the facility
in a state of good repair, the responsibility for which  shall  be  with
the  state,  or  municipality, which had jurisdiction over said facility
prior to such agreement.
9. The attorney general shall pass upon the form and  sufficiency  and
manner  of  execution  of  any  lease,  mortgage  or  deed of conveyance
executed  by  the  commissioner  of  transportation  pursuant   to   the
provisions of subdivision eight of this section.
10.  As  used  in this section "reconditioning and preservation" shall
mean  resurfacing  of   existing   pavements   to   correct   structural
deficiencies  or  substandard  riding  characteristics;  the  sealing of
pavements;  the  treatment  of  highway  pavements   to   improve   skid
resistance;  modification  of  roadway  geometrics  for  improvement  of
operational safety; the improvement of highway  appurtenances  including
but not limited to shoulders, guiderail systems, slopes, traffic control
devices,  sidewalks,  curbs,  drainage systems; retaining and sustaining
walls; removal of hazards and/or their replacement or correction by  the
use  of  recognized  and  approved  safety or protective devices; bridge
painting  and  improvement  including   structural   rehabilitation   or
replacement.
11.  As  used  in this section "traffic operations program" shall mean
the program authorized by subdivision thirty-four of section ten of  the
highway law.
12.  Subject  to  the  approval  of  the  director  of the budget, the
commissioner is authorized to pledge and assign to the  New  York  state
thruway   authority   federal   moneys  to  be  paid  to  the  state  as
reimbursement for the federal share of expenditures.
13. (a) The state shall defend any unit, entity, officer  or  employee
of  the  New  York  state  thruway  authority  using  the  forces of the
department of law in  any  action,  proceeding,  claim,  demand  or  the
prosecution  of  any  appeal  arising  from or occasioned by the acts or
omissions to act in the performance of the functions of  the  department
pursuant to a shared services agreement.
(b)  Defense  pursuant  to  paragraph (a) of this subdivision shall be
conditioned upon the full cooperation of  the  New  York  state  thruway
authority.
(c)  The  state  shall  indemnify  and hold harmless any unit, entity,
officer or employee of the New  York  state  thruway  authority  in  the
amount  of  any  judgment  obtained  against  the New York state thruway
authority or in the amount of any settlement the New York state  thruway
authority  enters  into  with  the  consent of the state for any and all
claims, damages or liabilities arising from or occasioned by the acts or
omissions to act  of  the  department  pursuant  to  a  shared  services
agreement,  provided,  however, that the act or omission from which such
judgment or settlement arose occurred while the  department  was  acting
within  the  scope  of  its  functions  pursuant  to  a  shared services
agreement. Any such settlement shall be  executed  pursuant  to  section
twenty-a of the court of claims act.
(d)  Any  claim  or  proceeding  commenced  against  any unit, entity,
officer or employee of the department pursuant to  any  shared  services
agreement  shall  not  be  construed in any way to impair, alter, limit,
modify, abrogate or restrict any immunity available to or conferred upon
any unit, entity, officer or employee of the department, or  to  impair,
alter,  limit,  modify,  abrogate  or  restrict any right to defense and
indemnification provided for any governmental officer or employee by, in
accordance with, or by reason  of,  any  other  provision  of  state  or
federal statutory or common law.
(e) This subdivision shall not in any way affect the obligation of any
claimant  to  give  notice to the state under sections ten and eleven of
the court of claims act or any other provision of law provided, however,
that notice served upon the state or the authority shall be valid notice
on  both  parties  to  the agreement, when such claim arises out of such
agreement. The state and authority shall notify  each  other  when  they
receive  a  notice  of  claim,  notice of intention to make a claim or a
claim arising out of such agreement.
(f) The provisions of this  subdivision  shall  not  be  construed  to
impair, alter, limit or modify the rights and obligations of any insurer
under any insurance agreement.
(g)  Notwithstanding  any  other  provision  of  law, employees of the
thruway authority, its subsidiaries and the department shall  be  deemed
employees  of  all  such  entities  and  the  state  for purposes of the
workers' compensation law.
(h) Any payment made pursuant to this subdivision or any  monies  paid
for  a  claim  against or settlement with the department or the New York
state thruway authority pursuant to  this  section  and  pursuant  to  a
shared  services agreement shall be paid from appropriations for payment
by the state pursuant to the court of claims act.