2023 New York Laws › TRA - Transportation › Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation › 14-K - Multi-Modal Program.

§  14-k.  Multi-modal  program.  1.  There  is  hereby established the
"multi-modal program". The commissioner is hereby  authorized  to  enter
into  a  contract,  lease  or  agreement with the New York state thruway
authority for the financing by such authority of the multi-modal program
as authorized by law.
2. Program funds shall be provided pursuant to annual appropriation or
pursuant to authorization by the legislature for capital projects.
3.  The  commissioner  is  hereby  vested  with  the   authority   and
responsibility to approve funding for projects authorized in subdivision
four  of  this  section.  The  funding  of  projects  will  be made upon
application, in a format prescribed by the commissioner, by the  project
sponsor for funding of prior expenditures.
4. Multi-modal projects shall be limited to:
(a)  project  costs  for  construction,  reconstruction,  improvement,
reconditioning and preservation of rail freight facilities and  for  the
project costs of intercity rail passenger facilities and equipment where
the  service  life  of  the  project  is  at least ten years. Funding of
project expenditures for an approved project shall require certification
by the project sponsor to the department that the project has a  service
life  of  ten  or  more years. Such certification shall include any such
information as may be necessary to maintain, if applicable, the  federal
tax exempt status of bonds, notes or other obligations issued by the New
York  state  thruway authority for such purposes. The commissioner shall
request the project sponsors to furnish such information in  writing  as
may be necessary;
(b)  project  costs  for  construction,  reconstruction,  improvement,
reconditioning and preservation of state, municipal, or privately  owned
ports  where  the  service  life  of  the project is at least ten years.
Funding of project expenditures for an approved  project  shall  require
certification  by the project sponsor to the department that the project
has a service life of  ten  or  more  years.  Such  certification  shall
include  any  such  information  as  may  be  necessary  to maintain, if
applicable, the federal tax exempt  status  of  bonds,  notes  or  other
obligations  issued  by  the  New  York state thruway authority for such
purposes. The commissioner shall request the project sponsors to furnish
such information in writing as may be necessary;
(c)  project  costs  of  construction,  reconstruction,   improvement,
reconditioning  and  preservation of municipal airports, privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality,
for which federal funding is  not  available  provided  the  project  is
consistent  with an approved airport layout plan, where the service life
of the project is at least ten years. Funding  of  project  expenditures
for an approved project shall require certification that the project has
a  service  life  of ten or more years. Such certification shall include
any such information as may be necessary to maintain, if applicable, the
federal tax exempt status of bonds, notes or other obligations issued by
the New York state thruway authority for such purposes. The commissioner
shall request the  project  sponsors  to  furnish  such  information  in
writing as may be necessary;
(d)   project  costs  of  construction,  reconstruction,  enhancement,
improvement, replacement,  reconditioning,  restoration,  rehabilitation
and  preservation  of  state,  county,  town,  city  and  village roads,
highways, parkways and bridges where the service life of the project  is
at  least  ten  years.  Funding  of project expenditures for an approved
project shall require certification from the project sponsor that:
(i) the project has a service life of ten or more years;
(ii) program funds are not to be used  for  the  mandated  non-federal
share of federally funded projects;
(iii)  the  amount  of  funds  requested  is  no  greater  than  prior
unreimbursed  municipal  project  expenditures  for  work  completed  or
materials incorporated in qualifying projects; and
(iv)  the  amount  of  municipal funds appropriated for transportation
capital projects by municipalities shall not be reduced because  of  the
availability of these funds.
The  commissioner  shall  request the project sponsors to furnish such
information in writing as may be necessary. For  the  purposes  of  this
section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
extension railroad authority shall be an authorized project sponsor.
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 paragraph. A copy of such  agreement  shall  be
filed with the commissioner; and
(e)  project  costs  for  construction,  reconstruction,  improvement,
reconditioning and preservation of fixed ferry facilities  of  municipal
and  privately  owned ferry lines for transportation purposes, where the
service life of the project is  at  least  ten  years.  Funding  of  the
project expenditures for an approved project shall require certification
by  the project sponsor to the department that the project has a service
life of ten or more years. Such certification  shall  include  any  such
information  as may be necessary to maintain, if applicable, the federal
tax exempt status of bonds, notes or other obligations issued by the New
York state thruway authority for such purposes. The  commissioner  shall
request  the  project sponsors to furnish such information in writing as
may be necessary.