§ 304. Project grant procedure. State moneys may be expended for any\nmunicipal project pursuant to a contract entered into by the\ncommissioner, in the name of the state, and the municipal corporation\nundertaking such project. Any such contract may include such provisions\nas may be agreed upon by the parties thereto, and shall include, in\nsubstance, the following provisions:\n a. An estimate of the reasonable cost of the project as determined by\nthe commissioner.\n b. An agreement by the commissioner to pay to or on behalf of the\nmunicipal corporation, following completion of the project, or during\nthe undertaking thereof, in the form of progress payments, as may be\nagreed upon by the parties and subject to the rules and regulations of\nthe commissioner, the state share of the project cost as he may\ndetermine in accordance with section three hundred of this article.\n c. An agreement by the municipal corporation:\n (1) To proceed expeditiously with, and complete, the project in\naccordance with plans approved by the commissioner;\n (2) To commence and continue operation of the project on completion of\nthe project, and not to discontinue operation or dispose of the project\nwithout the approval of the commissioner;\n (3) To provide for the payment of the municipal corporation's share of\nthe cost of the project, and\n (4) To include in its planning for the project, to the extent mutually\ndeemed appropriate, consideration and planning for joint development as\ndefined in section fourteen-d of the transportation law relating to the\nenvironment of the area in which the project is to be constructed.\n d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment pursuant to section\nthree hundred of this article becomes available to the municipal\ncorporation, the amount of the state payment shall be recalculated with\nthe inclusion of such additional federal assistance and the municipal\ncorporation shall either (1) pay to the state the amount by which the\nstate payment actually made exceeds the state payment determined by the\nrecalculation or, (2) if such additional federal assistance has not been\nreceived by the municipal corporation, authorize the state to receive\nsuch amount from the federal government and to retain an appropriate\namount thereof. The commissioner may adopt rules and regulations\ngoverning the making and enforcing of contracts pursuant to this\nsubdivision. Contracts entered into pursuant to this subdivision shall\nbe subject to approval by the state comptroller, the director of the\nbudget and by the attorney general as to form. All payments by the state\npursuant to such contracts shall be made after audit by and upon the\nwarrant of the comptroller on vouchers approved by the commissioner.\n
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