2023 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.
* 18-a. Include,  in  addition  to  the  requirements  of  subdivision
eighteen of this section, in his or her annual report to the legislature
a  statement  of the number of motor vehicle collisions with bridges and
elevated structures on or crossing highways under  the  jurisdiction  of
the   department   during  the  previous  year,  the  location  of  such
collisions, any repairs completed including any actions performed at  or
around  such  bridges  and  elevated  structures  to  prevent the future
occurrence of such collisions, any efforts of the department during  the
previous  year  to  prevent  such collisions, and any recommendations in
relation to preventing such motor vehicle collisions  with  bridges  and
elevated  structures.  Nothing  contained  herein  shall  be  deemed  to
supersede any other reporting requirements otherwise  imposed  upon  the
department by law, rule or regulation.
* NB Effective October 25, 2024
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.
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.