New York Highway Code § 10-E

Additional special powers of the commissioner of transportation
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§ 10-e. Additional special powers of the commissioner of\ntransportation. 1. The commissioner of transportation, subject to the\napproval of the director of the budget, is hereby authorized to enter\ninto a dedicated highway and bridge trust fund cooperative agreement or\nagreements with the New York state thruway authority for the financing\nby such authority of disbursements made by the state for any of the\nactivities authorized pursuant to the provisions of section\neighty-nine-b of the state finance law, in any case where the expense\nthereof is paid in whole or in part by the state. Such disbursements by\nthe state shall be recorded on a project basis and referred to as\n"dedicated highway and bridge trust fund cooperative agreement\ndisbursements". Copies of such agreement shall be filed with the\nchairpersons of the assembly ways and means committee and the senate\nfinance committee.\n  2. The dedicated highway and bridge trust fund cooperative agreement\nor agreements shall provide for dedicated highway and bridge trust fund\ncooperative agreement payments to the New York state thruway authority,\nand may further provide for necessary instruments of transfer by\nquitclaim deed or otherwise, to the New York state thruway authority\npursuant to subdivision eight of this section, of such real property\ninterests that are held by the department in the name of the people of\nthe state for any of the activities undertaken under this section. Such\ndedicated highway and bridge trust fund cooperative agreement or\nagreements shall also include but not be limited to: (a) description and\nlocation of each activity; (b) the projected dates of commencement and\ncompletion; (c) the estimated total cost, including the amount of\nfederal aid available therefor. Nothing in such agreement shall provide\nfor the transfer of any interests in buildings or personal property,\nincluding equipment, materials and facilities used or useful in\nconnection with activities authorized in this section.\n  3. In addition to the requirements of subdivision two of this section,\neach such dedicated highway and bridge trust fund agreement or\nagreements shall provide that: (a) any real property interest transfer\npursuant to subdivision eight of this section shall be maintained and\noperated under the supervision of the department of transportation\nwithout cost to the New York State thruway authority; (b) simultaneously\nwith the conveyance of any real property interest by the department by\nquitclaim deed or otherwise pursuant to subdivision eight of this\nsection the New York state thruway authority shall issue a use permit or\nlease to the department of transportation for such real property\ninterest on a toll free basis; and, (c) no such activity shall require\ndedicated highway and bridge trust fund cooperative agreement payments\nfor a term in excess of thirty years and, at the expiration of such term\nas the commissioner and the authority may agree, pursuant to subdivision\neight of this section all rights and interest of the New York state\nthruway authority in each such activity shall without any additional\npayment by the state to such authority revert to and be vested in the\npeople of the state of New York. In no event shall any property\ntransferred to the thruway authority pursuant to this section be deemed\npart of the thruway for the purposes of any provision of the tax law.\n  4. The commissioner of transportation is hereby authorized to\nundertake any of the authorized activities pursuant to section\neighty-nine-b of the state finance law, in any case where the expense\nthereof is paid in whole or in part by the state, as financed by the New\nYork state thruway authority of disbursements made by the state; and,\nprovided that all such activities shall be performed in accordance with\nthe provisions of this chapter and other applicable laws.\n  5. The commissioner of transportation is hereby authorized and\nempowered to provide, in e

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