New York Highway Code § 10-A

Special powers of the commissioner of transportation
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§ 10-a. Special powers of the commissioner of transportation. 1. The\ncommissioner of transportation, subject to the approval of the director\nof the budget, is hereby authorized to enter into a cooperative highway\ncontractual agreement or agreements with the New York state thruway\nauthority and municipalities for the financing by such authority of\nexpenditures made in advance by the state for design, acquisition,\nconstruction, reconstruction or the reconditioning and preservation of\ntransportation facilities, including associated costs for planning,\nengineering services and construction inspection, pursuant to the\nprovisions of section eighty-eight-b of the state finance law, state\nhighways, state parkways, state arterial highways in cities and related\nfacilities and structures thereon, including bridges and the\nreconditioning, preservation of structures separating highways and\nrailroads, the traffic operations program to increase capacity and\nsafety on existing street and highway systems in urban areas, capacity\nand infrastructure improvements to state, county, town, city or village\nroads, highways, parkways and bridges, and buildings, equipment, and\nfacilities used or useful in connection with the maintenance, operation,\nand repair of said transportation facilities, streets, highways,\nparkways and related facilities and structures, in any case where the\nexpense thereof is paid in whole or in part by the state. Such advance\nexpenditures by the state shall be recorded on a project basis and\nreferred to as "cooperative highway contractual agreement expenditures".\n  2. Such cooperative highway contractual agreement or agreements shall\ninclude but not be limited to: (a) description and location of each\nproject; (b) the projected dates of commencement and completion; (c) the\nestimated total cost of each project, including the amount of federal\naid available therefore.\n  3. In addition to the requirements of subdivision two of this section,\neach such cooperative highway contractual agreement or agreements shall\nprovide that: (a) each project upon completion shall be maintained and\noperated under the supervision of the department of transportation or\nthe municipality without cost to the New York State thruway authority;\n(b) upon completion of each project the New York State thruway authority\nshall issue a use permit to the commissioner of transportation or the\nmunicipal agency designated by him for such project or municipality,\nwhich shall be made available to the commissioner of transportation or\nthe municipal agency designated by him or the municipality on a toll\nfree basis; and (c) no project shall be undertaken which will require\ncooperative highway contractual agreement payments for a term in excess\nof the probable life of such project, as defined in section sixty-one of\nthe state finance law, and, provided further, that at the expiration of\nsuch term all rights and interest of the New York State thruway\nauthority in each such project shall without any additional payment by\nthe state to such authority be vested in the people of the state of New\nYork or the municipality.\n  4. The commissioner of transportation and, with respect to municipal\nprojects, the municipality having jurisdiction over the project is\nhereby authorized to undertake design, acquisition, construction,\nreconstruction or the reconditioning and preservation of transportation\nfacilities, pursuant to the provisions of section eighty-eight-b of the\nstate finance law, state highways, state parkways, state arterial\nhighways in cities and related facilities and structures thereon,\nincluding bridges, reconditioning and preservation of structures\nseparating highways and railroads, and the traffic operations program to\nincrease capacity and safety on existing street and highway systems in\nurban areas, and capacity and infrastructure improvements to state,\ncounty, town, city or village roads, highways, parkways and b

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