§ 10 — General powers and duties of the commissioner of transportation relating to highways

New York § 10

• Jurisdiction: New York
• Law HAY: Highway
• Art. 2: Commissioner of Transportation

Text

§ 10. General powers and duties of the commissioner of transportation\nrelating to highways. The commissioner of transportation shall:\n 1. Have general supervision of all highways and bridges which are\nconstructed, improved or maintained in whole or in part by the aid of\nstate moneys.\n 2. Cause surveys, maps, plans, specifications and estimates to be made\nfor the improvement, construction and maintenance of state highways.\n 2-a. In consultation with the commissioner of commerce and the\ncommissioner of parks and recreation, cause the preparation and\ndistribution of a highway map for the state, including but not limited\nto a representation of the state highway system, the thruway system, the\nprincipal bikeways and highway systems of the municipalities within the\nstate. Such map shall be intended to facilitate travel and promote\ntourism throughout the state, and shall not be admissible in any\nproceeding as proof of ownership, location or condition of the highways\nrepresented thereon.\n 3. Cause investigations and reconnaissance surveys to be made for the\npurpose of ascertaining and determining the practicability and\nfeasibility of extensions to the system of state highways by the\nconstruction of possible branches or cut-offs from state highways for\nthe purpose of affording by-passes around cities, villages and hamlets\nof the state to relieve traffic congestion therein, and also for the\nconstruction of additional routes to relieve traffic congestion on\npresent main routes. The expense of such investigations and\nreconnaissance surveys shall be a proper charge against funds available\nfor the construction, reconstruction or maintenance of state highways.\n 4. Approve and determine the final plans, specifications and estimates\nfor state highways and cause a contract to be let for the construction\nor improvement of same after due advertisement.\n 5. Direct and cause to be made such repairs of state highways as he\ndeems necessary, within the estimates and appropriations made therefor.\n 6. Cause an inspection and examination to be made of all work on state\nhighways.\n 7. Annually cause to be inspected all improved state highways, and\nshall require a complete report of such inspection which shall show the\ncondition of the highway inspected, the necessary work to be performed\nin the repair and maintenance of such highways, and the estimated cost\nthereof.\n 8. Approve and certify to the monthly estimates of allowances for work\nbeing performed under any contract let for the construction, improvement\nor maintenance of state highways.\n 9. Prescribe rules and regulations not inconsistent with law, fixing\nthe duties of county and town superintendents in respect to all highways\nand bridges and determining the method of the construction, improvement\nor maintenance of such highways and bridges. Such rules and regulations\nshall, before taking effect, be printed and transmitted to the highway\nofficers affected thereby.\n 9-a. Prescribe rules and regulations not inconsistent with law, fixing\nthe duties of county and town superintendents, in respect to oil spill\ncontrol, pursuant to authority given the commissioner in section one\nhundred seventy-seven of the navigation law.\n 10. Compel compliance with laws, rules and regulations relating to\nhighways and bridges by highway officers and see that the same are\ncarried into full force and effect.\n 11. Aid county and town superintendents in establishing grades,\npreparing suitable systems of drainage and advise with them as to the\nconstruction, improvement and maintenance of highways and bridges.\n 12. Investigate and determine upon the various methods of road\nconstruction adapted to different sections of the state, and as to the\nbest methods of construction and maintenance of highways and bridges.\n 13. Compile statistics relating to the public highways throughout the\nstate, and collect such information in regard thereto as he shall deem\nexpedient.\n 14. Cause public meetings to be held whenever he deems it advisable,\nin each district or county, for the purpose of furnishing such general\ninformation and instructions as may be necessary, regarding the\nconstruction, improvement or maintenance of the highways and bridges and\nthe application of the highway law, and the rules and regulations of the\ndepartment, and also for the purpose of hearing complaints. He shall\nnotify the county engineer or county superintendent of his intention to\nhold such meeting or meetings, specifying the date and the place\nthereof.\n 15. Prepare tables showing the total number of miles of highways in\nthe state, by town and county, and file a copy of the same in the office\nof the comptroller.\n 16. Aid at all times in promoting highway improvement throughout the\nstate, and perform such other duties and have such other powers in\nrespect to highways and bridges as may be imposed or conferred on him by\nlaw.\n 17. When the corners of the boundaries of counties, cities, villages\nand subdivision lots of towns shall have been located, as provided in\nsubdivision ten of section one hundred and two of this chapter, the\ncommissioner shall cause a monument to be accurately set at each such\ncorner, except in cases where the improvement of such highway or road\nhas been completed prior to the location of such corners as provided in\nsuch subdivision. Such monuments shall be of some durable material and\nshall be so set that the top thereof shall be on a level with the\nsurface of such improved highway or road. The cost and expense of such\nmonuments and the setting of the same shall be a state charge.\n 18. Include in his annual report to the legislature a statement of the\ncondition of the highways and bridges, the progress of the improvement\nand maintenance of state highways, county roads and town highways, the\namount of moneys received and expended during the year, upon highways\nand bridges and such matters, as in his judgment, should be brought to\nthe attention of the legislature, together with recommendations as to\nsuch measures in relation to highways as the public interests require.\n 18-a. Include, in addition to the requirements of subdivision eighteen\nof this section, in his or her annual report to the legislature a\nstatement of the number of motor vehicle collisions with bridges and\nelevated structures on or crossing highways under the jurisdiction of\nthe department during the previous year, the location of such\ncollisions, any repairs completed including any actions performed at or\naround such bridges and elevated structures to prevent the future\noccurrence of such collisions, any efforts of the department during the\nprevious year to prevent such collisions, and any recommendations in\nrelation to preventing such motor vehicle collisions with bridges and\nelevated structures. Nothing contained herein shall be deemed to\nsupersede any other reporting requirements otherwise imposed upon the\ndepartment by law, rule or regulation.\n 19. During the construction or improvement of a state highway, if such\nhighway be closed to the traveling public and another existing highway\nis caused to be used in lieu of the closed highway as provided in\nsection one hundred and four of this chapter, provide, erect and\nmaintain a sufficient number of detour signs so that the temporary route\nor detour shall be clearly indicated throughout its entire length, and\nupon the discontinuance of said temporary route or detour, shall cause\nsuch signs to be removed, and the cost of all thereof shall be paid out\nof any funds available for the construction, improvement or\nreconstruction of state highways.\n 20. Whenever the construction or improvement of a state highway or\nsection thereof under a contract shall be completed and the final\npayment therefor shall have been made, prepare a statement of the cost\nof such construction or improvement, including engineering expenses,\ninspection and all charges and expenses properly chargeable thereto,\nshowing in detail the date of each payment, and the purpose and amount\nof such payment. Such payments shall be grouped as far as practicable by\ndates and the total thus obtained shall be deemed the cost of such\nconstruction or improvement.\n 21. Provide for the separation of highway-railroad crossings at grade\nunder the act known by the short title of "grade crossing elimination\nact." He shall also provide for such work as he is authorized to perform\nunder the provisions of the railroad law, and the portion of the cost of\nsuch work which is payable by the state under section ninety-four of the\nrailroad law shall be paid out of any funds available for the\nconstruction, improvement or reconstruction of state highways.\n 22. Provide for the construction of sidewalks adjacent to state\nhighways outside of cities and incorporated villages, when he is of the\nopinion the same are necessary. He shall have full authority to\ndetermine the type, width, location with respect to the highway, and the\ngeneral construction details of such sidewalks. The expense of such\nconstruction shall be a proper charge against funds available for the\nconstruction, reconstruction or maintenance of state highways.\n 23. Provide for the installation and maintenance of lights on such\nstate highways as he is of the opinion are necessary. The expense of\nsuch installation and maintenance shall be a proper charge against funds\navailable for the construction, reconstruction or maintenance of state\nhighways.\n 24. Have power, whenever such commissioner of transportation deems it\nis necessary as a result of work of construction, reconstruction or\nmaintenance of state highways, to provide at the expense of the state\nfor the removal, relocation, replacement and reconstruction of water\nmains, sewer pipes, communication systems, fire alarm systems, street\nlighting, traffic control systems and any other similar facilities that\nare owned by any municipality and are maintained for public use and to\nparticipate in the expense of the removal, relocation, replacement and\nreconstruction of all other types of facilities or parts thereof that\nare owned by any municipality and are maintained for public use, the\nstate's share of such expense not to exceed the appraised value of such\nfacilities or parts thereof, as the case may be, as determined by the\ncommissioner of transportation. However, in connection with any\nfederally funded highway project, the commissioner of transportation may\nagree to pay an amount not to exceed the state's share, based on its\nproportionate share of the cost of the entire highway project, of the\nfunctional replacement cost of any of the aforesaid facilities owned by\nany municipal corporation, school district, board of cooperative\neducational services, public benefit corporation or any other state or\nmunicipal governmental agency where the federal government agrees to pay\nits share of such functional replacement cost, which shall be based on\nits proportionate share of the cost of the entire project. If such work\nrequires additional property or if it is necessary that the relocation\nof such facilities be made to other property, he may acquire such\nproperty as may be necessary for the purposes of this subdivision, in\nthe same manner as other property is acquired for state highway purposes\npursuant to this chapter, and he may enter into a written agreement with\nthe municipality involved to convey such property as deemed necessary\nfor the purposes of this subdivision to such municipality on terms\nbeneficial to the state. The expense of such removal, relocation,\nreplacement and reconstruction or the state's share thereof, as the case\nmay be, shall be a proper charge against funds available for the\nconstruction, reconstruction or maintenance of state highways, and such\nwork may be performed by contract in the same manner as provided for\nstate highways in article three of this chapter, or, by the use of\ndepartmental forces and equipment and of materials purchased therefor.\nHowever, if the commissioner of transportation deems it to be in the\ninterest of the public, he may contract with the municipality, upon such\nterms as he may deem advantageous to the state, to have such work\nperformed (a) by the employment of the forces and the use of the\nequipment of such municipality and by the use of any material on hand or\nnecessary to be purchased by such municipality or (b) by such other\nmethod as such commissioner of transportation shall approve or (c) by a\ncombination of the methods provided in this subdivision. Any such\nmunicipality is hereby authorized to enter into such contract for the\npurposes of this subdivision. In all cases pursuant to this section\nwhere the state is to pay part of the expense of removal, relocation,\nreplacement and reconstruction of any facilities that are municipally\nowned and that are maintained for public use, the commissioner of\ntransportation, if he deems it in the best interest of the state, may\noffer to remove, relocate, replace or reconstruct such facilities and\nmay prepare plans, specifications and estimates of cost of such\nprojects, together with an estimate of the share of the expense to be\nborne by the municipality, which shall be submitted to the governing\nboard of such municipality. If the municipality approves such plans,\nspecifications and estimates of cost and share of the expense, it shall\nby resolution appropriate the funds necessary to pay its share of the\nexpense. A certified copy of the resolution shall be filed with the\ncommissioner of transportation and with the state comptroller and the\nfunds shall, prior to the award of a contract, be deposited by the\nmunicipality with the state comptroller subject to the draft or\nrequisition of the commissioner of transportation. Upon the completion\nand acceptance of the work such facilities shall be maintained by the\nmunicipality. As used in this subdivision, the term "municipality" shall\ninclude a public water authority.\n 24-a. Have power, whenever such commissioner of transportation deems\nit is necessary as a result of work of construction, reconstruction or\nmaintenance of state highways to provide for the removal, relocation,\nreplacement and reconstruction of any facilities of the United States\ngovernment. The expense of such removal, relocation, replacement and\nreconstruction shall be a proper charge against funds available for the\nconstruction, reconstruction or maintenance of state highways, and such\nwork may be performed by contract in the same manner as provided for\nstate highways in article three of this chapter, or by the use of\ndepartmental forces and equipment and of materials purchased therefor.\nUpon the completion and acceptance of the work done pursuant to this\nsubdivision such facilities shall be maintained by the United States\ngovernment.\n 24-b. Have power, whenever such commissioner of transportation deems\nit is necessary as a result of work of construction, reconstruction or\nmaintenance of state highways, to provide for the removal, relocation,\nreplacement or reconstruction of privately, publicly or cooperatively\nowned water, storm and sewer lines and facilities, facilities for the\ntransmission and/or distribution of communications, power, electricity,\nlight, heat, gas, crude products, steam and other similar commodities,\nmunicipal utility facilities, or facilities of a corporation organized\npursuant to the transportation corporations law that are located on\nprivately owned property. If such work requires additional property or\nif it is necessary that the relocation of such facilities be made to\nother property, he may acquire such property as may be necessary for the\npurposes of this subdivision, in the same manner as other property is\nacquired for state highway purposes pursuant to this chapter, and he and\nthe owner of such facilities may enter into a written agreement to\nconvey such property as deemed necessary for the purposes of this\nsubdivision to such owner on terms beneficial to the state. The expense\nof such removal, relocation, replacement or reconstruction and cost of\nproperty acquisition shall be a proper charge against funds available\nfor the construction, reconstruction or maintenance of state highways.\nExcept when such facilities are owned by a corporation organized\npursuant to the transportation corporations law, the work of such\nremoval, relocation, replacement or reconstruction shall be performed by\ncontract in the same manner as provided for state highways in article\nthree of this chapter, or, by the use of departmental forces and\nequipment and of materials purchased therefor, unless the commissioner\nof transportation consents to having the owner of such facilities\nprovide for the work of such removal, relocation, replacement or\nreconstruction. In the case where such facilities are owned by a\ncorporation organized pursuant to the transportation corporations law,\nthe work of such removal, relocation, replacement or reconstruction\nshall be provided for by such corporation unless it consents to having\nthe commissioner of transportation provide for such work to be performed\nby contract, in accordance with specifications provided by such\ncorporation, in the same manner as provided for state highways in\narticle three of this chapter, or, by the use of departmental forces and\nequipment and of materials purchased therefor. Upon the completion of\nthe work, such facilities shall be maintained by the owners thereof.\n In the event that the commissioner of transportation, in connection\nwith the work of construction, reconstruction or maintenance of state\nhighways, encounters such facilities, other than facilities owned by a\ncorporation organized pursuant to the transportation corporations law or\noperating as a transportation corporation that are located within the\nhighway right-of-way, he may provide for the removal, relocation,\nreplacement or reconstruction of such facilities as he deems it\nnecessary. To the extent the commissioner determines it equitable, the\nexpense of such removal, relocation, replacement or reconstruction shall\nbe a proper charge against funds available for the construction,\nreconstruction or maintenance of state highways pursuant to the\nprovisions of this subdivision, and such work shall be performed by\ncontract in the same manner as provided for state highways in article\nthree of this chapter, or, by the use of departmental forces and\nequipment and of materials purchased therefor, unless the commissioner\nof transportation consents to having the owner of such facilities\nprovide for the work of such removal, relocation, replacement or\nreconstruction. In the event that the commissioner of transportation\ndetermines prior to undertaking such removal, relocation, replacement or\nreconstruction that the owner of such facilities is responsible for all\nor any portion of such expense he shall enter into a written agreement\nwith such owner, for the purpose of providing funding, and the deposit\nwith the state comptroller of such funds as are determined by the\ncommissioner to be sufficient to provide for such owner's share of the\nexpenses. The state comptroller is authorized to receive and accept such\nfunds subject to a draft or requisition from the commissioner of\ntransportation. If the funds deposited with the state comptroller are\nsubsequently determined by the commissioner to be insufficient to meet\nsuch owner's share, the owner shall in every case be responsible for any\nbalance due. When such work has been completed, the commissioner of\ntransportation shall render an accounting to the owner, and any surplus\nmoneys shall be paid to such owner, without interest, on the warrant of\nthe comptroller on vouchers therefor approved by the commissioner of\ntransportation. Upon completion of the work, such facilities shall be\nmaintained by the owners thereof.\n In the event that the commissioner of transportation, in connection\nwith the work of construction, reconstruction or maintenance of state\nhighways, encounters such facilities of a corporation organized pursuant\nto the transportation corporations law or operating as a transportation\ncorporation that are located within the highway right-of-way, he shall\nprovide compensation for the fair and reasonable cost of the removal,\nrelocation, replacement or reconstruction of such facilities provided\nthe following conditions are met:\n (a) the project for which such facilities are to be removed, relocated\nor replaced or reconstructed must be federally funded and the cost of\nsuch removal, relocation, replacement or reconstruction are a part of\nthe approved project cost by the appropriate federal authorities; and\n (b) such compensation shall be provided only: (i) for the interstate\ncategory of projects; and (ii) for the other categories of projects only\nwhen a specific appropriation has been made for such purpose; and\n (c) for those categories for which compensation is provided the\ncommissioner of transportation shall reimburse the corporation at a rate\nnot less than the rate of reimbursement as the state shall receive from\nthe federal government; and\n (d) such corporation enters into an agreement with the commissioner of\ntransportation in connection with undertaking the work of removal,\nrelocation, replacement or reconstruction which shall specify the amount\nor the basis of compensation that is to be provided toward the fair and\nreasonable cost of such removal, relocation, replacement or\nreconstruction.\n The fair and reasonable cost of such removal, relocation, replacement\nor reconstruction shall mean the amount paid by such a corporation\nproperly attributable to the work of such removal, relocation,\nreplacement or reconstruction of such facilities after deducting\ntherefrom any betterment incorporated into the new facilities plus the\nsalvage value and depreciation from the old facility determined by the\nestablished methods utilized by the state. Nothing in this subdivision\nshall be construed to grant to the owner of such private facilities\nwithin the highway right-of-way any greater or new rights, other than as\nprovided herein, to compensation for removals, relocations, replacements\nor reconstructions of such facilities in connection with work of\nconstruction, reconstruction or maintenance of state highways that\nexisted prior to the effective date of the amendment to this subdivision\nand compensation to be paid hereunder is strictly limited as provided\nherein.\n 24-c. Have power, whenever such commissioner of transportation deems\nit necessary as a result of work of construction, reconstruction,\nimprovement or maintenance of state highways, including the separation\nof highway-railroad crossings, pursuant to this chapter, and the\nconstruction or reconstruction of highway-railroad crossings at grade,\nto provide for the removal, relocation, replacement, alteration and\nreconstruction of railroad facilities normally used for the maintenance\nand operation of the railroad and including tracks, signals,\ncommunication lines, electrical lines, sewer lines, water lines,\nbuildings, structures and their appurtenances. Such removal, relocation,\nreplacement, alteration or reconstruction of facilities may be performed\non property of the railroad company. If such work requires additional\nproperty or if it is necessary that the consequential relocation of such\nfacilities be made to other property, he may acquire such property as\nmay be necessary for the purposes of this subdivision, in the same\nmanner as other property is acquired for state highway purposes pursuant\nto this chapter, and he may enter into a written agreement with the\nowner of the railroad lands to convey such property as deemed necessary\nfor the purposes of this subdivision to such owner on terms beneficial\nto the state. The expense of such removal, relocation, replacement,\nalteration or reconstruction and right of way acquisition shall be a\nproper charge against funds available for the construction,\nreconstruction, improvement or maintenance of state highways, and such\nwork may be performend by contract in the same manner as provided for\nstate highways in article three of this chapter, or, by the use of\ndepartmental forces and equipment and of materials purchased therefor.\nHowever, if the commissioner of transportation deems it to be in the\ninterest of the public, he may contract with the railroad, upon such\nterms as he may deem advantageous to the state, to have such work\nperformed (a) by the employment of the forces and the use of the\nequipment of such railroad and by the use of any material on hand or\nnecessary to be purchased by such railroad or (b) by such other method\nas such commissioner of transportation shall approve or (c) by a\ncombination of the methods provided in this subdivision. In the event\nthat the commissioner of transportation and the railroad are unable to\nagree upon the terms of such contract, the commissioner shall notify the\nrailroad, in writing, of his intent to issue an order directing the\nrailroad to have such work performed as required of its forces and to\npermit entry upon railroad lands of employees and agents of the\ndepartment of transportation in order to perform such work as the\ncommissioner of transportation shall deem necessary. The railroad shall\nhave thirty days after the receipt of such notification in which it may\nrequest a hearing before the commissioner of transportation. The\ncommissioner of transportation shall give the railroad notice of not\nless than ten days of the time and place scheduled for such hearing. If\na hearing is not requested or if, after such hearing is held, agreement\nbetween the parties is not reached, the commissioner of transportation\nmay issue such order directing the railroad to have such work performed.\nSuch order shall require the railroad to submit an estimate of the cost\nof work required of its forces including the material necessary to\nperform such work, which cost, subject to the approval of the\ncommissioner of transportation, shall be reimbursed by the state in\naccordance with the terms of such order. Such order shall also include\nterms protecting the railroad in the safe and uninterrupted maintenance\nand operation of said railroad during the performance of any work on\nrailroad lands by employees and agents of the department of\ntransportation, if their entry upon railraod lands for such work is\ndeemed necessary by the commissioner of transportation as hereinabove\nprovided. Upon the completion and acceptance of the work such facilities\nshall be owned and maintained by the railroad.\n 24-d. Have power, whenever such commissioner of transportation deems\nit is necessary as a result of work of construction, reconstruction or\nmaintenance of state highways, to provide for the re-establishment of\nprivate access to a public road where such access is destroyed by\nacquisition of right of way for the project. If such re-establishment of\nprivate access requires additional property or if it is necessary that\nsuch re-establishment of private access be made to other property, he\nmay acquire such property as may be necessary for the purposes of this\nsubdivision, in the same manner as other property is acquired for state\nhighway purposes pursuant to this chapter, and he may enter into a\nwritten agreement with the owner of such private access to convey such\nproperty as deemed necessary for the purposes of this subdivision to\nsuch owner on terms beneficial to the state. The expense of such\nre-establishment of private access shall be a proper charge against\nfunds available for the construction, reconstruction or maintenance of\nstate highways, and such work may be performed by contract in the same\nmanner as provided for state highways in article three of this chapter,\nor, by the use of departmental forces and equipment and of materials\npurchased therefor, or by a combination of such methods. Upon the\ncompletion of the work, such re-established private access shall be\nmaintained by the owners thereof.\n 25. Have power to combine, connect, alter, relocate, terminate, and\npave intersecting highways, roads or streets and to provide drainage\ntherefor; to divert traffic from an existing highway, road or street to\nan existing or a new highway, road or street, and to provide, when he\ndeems it to be in the interest of public safety, for a suitable\nstructure or structures across highways to accommodate at an adjusted\ngrade the continuity of such highways, roads or streets by an under-pass\nor over-pass, and to adjust grades and traffic to such structures; to\nplan, designate, construct, alter, improve and vacate frontage, marginal\nand service roads, in connection with the development of any controlled\naccess facility; and to acquire such property as may be necessary for\nthe purposes of this subdivision, in the same manner as other property\nis acquired for state highway purposes pursuant to this chapter. The\ncost of the work and of the acquisition of property as provided in this\nsubdivision shall be a proper charge against funds available for the\nconstruction, reconstruction or improvement of state highways. Any such\nfrontage, marginal or service road or portion of intersecting highway,\nroad or street upon which such work is completed shall, if not\ndetermined by the commissioner of transportation to be a part of the\nstate highway system, be maintained by the municipality or the\nmunicipalities in which such frontage, marginal or service road or such\nportion of intersecting highway, road or street is located, except that\nif the intersecting highway, road or street or the frontage, marginal or\nservice road is under the jurisdiction of an authority, commission or\nother public agency, said portion thereof shall, if not determined by\nthe commissioner of transportation to be a part of the state highway\nsystem, be maintained as determined jointly by the commissioner of\ntransportation and the chairman or chief executive officer of the\nauthority, commission or other public agency.\n 26. Provide for the separation of highway-railroad crossings and\nconstruction of highway-railroad crossings at grade where in the\nconstruction or reconstruction of any part of the state highway system,\nor county roads with federal-aid, or where highways, roads or streets\nare combined, connected, altered or relocated pursuant to this section,\nan additional crossing of a railroad is made at a place where no highway\ngrade crossing exists. In the discretion of the commissioner of\ntransportation, and in connection with the construction or\nreconstruction of any part of the state highway system, a structure may\nbe constructed to eliminate an existing crossing at grade of a railroad\nand a state highway or of a railroad and a highway which intersects or\nclosely parallels a state highway. The commissioner of transportation\nmay also, in connection with the construction or reconstruction of any\npart of the state highway system, or county roads with federal-aid,\nprovide for the reconstruction of existing highway-railroad separation\nstructures or highway-railroad crossings at grade on any part of the\nstate highway system, or on county roads with federal-aid, or on\nhighways, roads or streets combined, connected, altered, or relocated\npursuant to this section.\n The cost of construction or reconstruction of such separation\nfacilities or grade crossings, including the cost of such crossing\nprotection as is ordered by the commissioner of transportation, shall be\na proper charge against funds available for the construction or\nreconstruction of state highways or county roads.\n Notwithstanding the provisions of section ninety-three of the railroad\nlaw, structures hereafter constructed or reconstructed pursuant to this\nsubdivision to separate the grade of railroads and any part of the state\nhighway system shall be maintained upon completion as follows: (a) A\nstructure and its supports which carries railroad tracks over the state\nhighway shall be maintained and repaired by the operating railroad\ncorporation or corporations. (b) A structure and its supports which\ncarries a state highway over railroad tracks shall be maintained and\nrepaired by the state. This maintenance provision shall not apply to\nstructures constructed or reconstructed pursuant to section three\nhundred forty-b, three hundred forty-d and three hundred forty-nine-c of\nthis chapter.\n 26-a. Have power, whenever such commissioner of transportation deems\nit to be in the best interest of the state, in connection with work upon\ncertain bridges for which the maintenance responsibility is divided\nbetween the state and a railroad corporation, where such work is\nauthorized pursuant to this chapter or the transportation law and upon\nthe request of the railroad corporation, to provide for the\nreconstruction, repair or alteration of bridge structures, bridge\nsupports, bridge approaches or any other bridge parts which are the\nmaintenance responsibility of such railroad corporation. The expense of\nsuch reconstruction, repair or alteration shall be borne entirely by the\nrailroad corporation except so much thereof as would constitute\ncompensable damages under any provision of law. Whenever the\ncommissioner of transportation shall approve such a request of a\nrailroad corporation, he shall, with the assistance of such railroad\ncorporation, make an estimate of the cost of the work which he is\nrequested to perform in accordance with plans and specifications\nsubmitted to him by the railroad corporation. Such railroad corporation\nshall thereupon deposit with the state comptroller, who is authorized to\nreceive and accept the same for the purposes of this subdivision, a sum\nequal to such estimate and subject to the draft or requisition of the\ncommissioner of transportation. If at any time during the course of the\nwork the commissioner of transportation deems the sum submitted by the\nrailroad corporation to be insufficient to meet anticipated costs of the\nwork, he shall notify the railroad corporation of such anticipated\ndeficiency, whereupon the railroad corporation shall deposit with the\nstate comptroller, who is authorized to receive and accept the same\nsubject to the draft or requisition of the commissioner of\ntransportation, such additional sum as is deemed necessary by the\ncommissioner of transportation to meet anticipated costs. When the work\nauthorized by this subdivision has been completed the commissioner of\ntransportation shall render to the railroad corporation an itemized\nstatement showing in full (a) the amount of money that has been\ndeposited by such railroad corporation with the state comptroller as\nhereinbefore provided, and (b) all disbursements made pursuant to this\nsubdivision including a proportionate charge for engineering. Any\nsurplus money shall be paid to such railroad corporation, without\ninterest, on the warrant of the comptroller on vouchers therefor\napproved by the commissioner of transportation.\n 26-b. Have power, whenever the commissioner of transportation deems it\nin the best interests of the state to do so and with the written\npermission of the railroad corporation charged with the responsibility\nfor maintaining such structure, in connection with construction,\nreconstruction or maintenance of state highways, to provide for the\nremoval and disposition, on terms beneficial to the state, of\nhighway-railroad grade separation structures which are no longer used or\nuseful for railroad purposes.\n 27. Have power, upon the request of a municipality, to perform for and\nat the expense of such municipality, any work of construction or\nreconstruction, including the removal and relocation of facilities,\nprovided the commissioner of transportation deems it practicable to\nperform such work for such municipality in connection with the\nperformance of any work of construction, reconstruction or improvement\nunder the provisions of this chapter. Whenever the commissioner of\ntransportation shall approve such a request of a municipality, he shall\nmake an estimate of the cost of the work which he is requested by such\nmunicipality to perform in accordance with plans and specifications\nsubmitted to him by such municipality, which cost estimates, plans and\nspecifications shall be approved by the municipality in writing before\nthe commissioner of transportation shall proceed with any such municipal\nwork. Such municipality shall thereupon deposit with the state\ncomptroller, who is authorized to receive and accept the same for the\npurposes of this subdivision, a sum equal to such estimate and subject\nto the draft or requisition of the commissioner of transportation.\nProvided, however, that nothing contained in this subdivision shall be\nconstrued to prevent the commissioner of transportation from proceeding\nwith the state work, incorporating the work requested by the\nmunicipality in accordance with cost estimates, plans and specifications\napproved by such municipality, if he determines it to be necessary and\nin the best interest of the state to do so. When the work authorized by\nthis subdivision has been completed and the cost thereof shall have been\npaid by the state, the commissioner of transportation shall render to\nthe governing body of such municipality an itemized statement showing in\nfull (a) the amount of money that has been deposited by such\nmunicipality with the state comptroller as hereinbefore provided, and\n(b) all disbursements made pursuant to this subdivision. Any surplus\nmoney shall be paid to such municipality on the warrant of the\ncomptroller on vouchers therefor approved by the commissioner of\ntransportation. In the event, upon the completion of the work authorized\nby this subdivision, it is determined by the commissioner of\ntransportation that the amount of the cost to be borne by a municipality\nis in excess of the amount deposited by such municipality with the state\ncomptroller, then, in such event, such municipality shall within ninety\ndays of the receipt of the notice from the commissioner of\ntransportation of the amount of the deficiency required to fully\ncompensate the state for the municipality's cost of such work, pay such\namount to the state comptroller. As used in this subdivision, the term\n"municipality" shall include a public benefit corporation.\n 28. Notwithstanding any other provisions of this chapter or any other\nlaw, the commissioner of transportation is authorized to use either\nexclusively for, or in conjunction with, for state purposes as set forth\nin this chapter any state owned property under his jurisdiction acquired\nfor other public purposes. Transfer of such use shall be effected by an\nofficial order of the commissioner of transportation to be filed in the\noffices of the department of transportation and of the department of\nstate, accompanied by a description and map of such property as\nprescribed by an applicable section of this chapter. When the use is to\nbe exclusively for the state purposes as set forth in this chapter then\nupon such filing of the description, map and official order of transfer\nof use, the property shall be used and maintained for the state purposes\nas set forth in this chapter and be governed as though the said property\nwas acquired pursuant to the provisions of this chapter. When dual use\nis to be made of such property for the state purposes as set forth in\nthis chapter and other public purposes by the state, the official order\nof transfer shall so certify, and upon such filing of the description,\nmap and official order of transfer, the property shall be used and\nmaintained for such dual purposes, and shall be governed either by this\nchapter or the law under which jurisdiction was acquired by the\ncommissioner of transportation or both as determined by the commissioner\nof transportation and as will best effectuate the said dual use of such\nproperty. The provisions of this subdivision shall not apply to any\nproperty, the use of which is restricted by the state constitution.\n 29. The commissioner of transportation, subject to the approval of the\ndivision of the budget, is hereby authorized to enter into cooperative\nagreements with municipalities or municipal urban renewal agencies\nestablished and organized pursuant to article fifteen-a of the general\nmunicipal law relating to the acquisition and clearance of property\ndeemed necessary for the effectuation of any of the purposes of this\nchapter which lies within or immediately adjacent to an urban renewal\narea, as defined in the general municipal law, in such municipalities\nand to the equitable sharing of the costs of such acquisition and\nclearance. When the acquisition of such property as is deemed necessary\nfor highway purposes would result in consequential damages to the\nowner's remaining property and all or a portion of such remaining\nproperty lies within an urban renewal area in a municipality, the\ncommissioner of transportation may acquire such remaining property and\ntransfer the same to the municipality or municipal urban renewal agency\nupon payment by the municipality or such municipal urban renewal agency\nto the state, pursuant to the terms of a cooperative agreement as here\nin authorized, of an equitable share of the cost of the acquisition of\nsuch property and the clearance thereof where such clearance is deemed\nnecessary or appropriate by the commissioner. Such cooperative\nagreements may also provide for the acquisition and clearance of such\nproperty, necessary for highway purposes, by the municipality or\nmunicipal urban renewal agency and the transfer thereof to the state\nupon payment by the state to the municipality or municipal urban renewal\nagency of an equitable share of the cost of such acquisition, and\nclearance if any.\n 29-a. The commissioner of transportation, subject to the approval of\nthe division of the budget, is hereby authorized to enter into\nagreements with the Kingston urban renewal agency as defined in article\nfifteen-a of the general municipal law relating to the clearance and\ntransfer of property owned by the Kingston urban renewal agency deemed\nnecessary for the effectuation of any of the purposes of this chapter\nwhich lies within the Kingston urban renewal area. When the acquisition\nof such property owned by the Kingston urban renewal agency, deemed\nnecessary for highway purposes, would result in consequential damages to\nthe remaining property owned by the Kingston urban renewal agency, the\ncommissioner of transportation may acquire such remaining property from\nthe Kingston urban renewal agency and transfer the same to the\nmunicipality upon payment by the municipality to the state. Such\nagreements may also provide for the clearance of such property,\nnecessary for highway purposes, by the Kingston urban renewal agency and\nthe transfer thereof to the state upon payment by the state to the\nKingston urban renewal agency of an equitable share of the cost of such\nclearance.\n 29-b. The commissioner of transportation, subject to the approval of\nthe division of the budget, is hereby authorized to enter into\ncooperative agreements with the official authorized by the governing\nbody of the city of Yonkers, relating to the acquisition and clearance\nof property deemed necessary for the effectuation of any of the purposes\nof this chapter which lies within or immediately adjacent to a\ndevelopment area, as defined herein, within the city of Yonkers and the\nequitable sharing of the costs of such acquisition and clearance. When\nthe acquisition of such property as is deemed necessary for highway\npurposes would result in consequential damages to the owner's remaining\nproperty and all or a portion of such remaining property lies within a\ndevelopment area in the city of Yonkers, the commissioner of\ntransportation may acquire such remaining property and transfer the same\nto the city of Yonkers upon payment by such city to the state, pursuant\nto the terms of a cooperative agreement as herein authorized, of an\nequitable share of the cost of the acquisition of such property and the\nclearance thereof where such clearance is deemed necessary or\nappropriate by the commissioner. Such cooperative agreements may also\nprovide for the acquisition and clearance of such property, necessary\nfor highway purposes, by the city of Yonkers and the transfer thereof to\nthe state upon payment by the state to such city of an equitable share\nof the cost of such acquisition, and clearance if any. As used in this\nsubdivision the term "development area" shall mean an area adjacent to a\nstate highway facility in the city of Yonkers which has been designated\nas such by the governing body of the city of Yonkers, on its own\ninitiative, upon a finding that such area is appropriate for development\nand that it is in the public interest for the city to control\ndevelopment thereof in conjunction with the state highway facility.\n 30. Have power, on behalf and in the name of the state, whenever he\ndeems it to be necessary and in the best interests of the state, to\nenter into cooperative contracts with any adjoining state, commonwealth,\nnation, province, or any agency of the government of the United States\nfor data collection, studies, design, construction, reconstruction and\nmaintenance of state highway connections, including, but not limited to,\nborder crossing facilities, within any such adjoining state,\ncommonwealth, nation or province notwithstanding the provisions of any\ngeneral, special or local law to the contrary; provided, however, that\nbefore any such contract shall take effect, it shall be approved by the\ngovernor and attorney general and thereafter approved by the state\ncomptroller and filed in his or her office; and further provided, that\nsuch contract shall provide for the manner in which the costs are to be\nborne, including, but not limited to, the cost of data collection,\nstudies, design, surveys, the preparation of plans and specifications,\nthe acquisition of real property required for rights of way,\nconstruction, reconstruction and maintenance of such highway connections\nand bridges thereon and of approaches thereto, and border crossing\nfacilities, and such other costs incidental thereto. In no event,\nhowever, shall such contract require any fixed annual payment or subsidy\nby the state of New York to any adjoining state, commonwealth, nation or\nprovince for the maintenance or repair of any such highway connection\nlying outside of the state of New York. The costs incurred by the state\npursuant to any such cooperative contracts as authorized herein shall be\npayable from appropriations made to the department for the planning,\nconstruction, reconstruction and improvement of state highways, with or\nwithout federal aid.\n 31. Cause signs to be erected and maintained designating the point of\nintersection of each state highway with the "Appalachian Trail".\n 32. Have power, upon the request of a county, city, town or village,\nwhenever such commissioner deems an existing state highway or portion\nthereof lying within such municipality to be no longer needed or useful\nto the state highway system, to enter into an agreement with the\nappropriate authorities of such municipality to abandon by an official\norder to such municipality such highway or portion thereof. Upon the\nfiling of certified copies of such official order with the county clerk,\nthe county board of supervisors or county legislative body and the\ncounty finance officer of the county in which such municipality lies,\nthe clerk of such municipality, the appropriate officer of such\nmunicipality having general direction and supervision of the public\nhighways thereof and the state comptroller, the state shall cease to\nmaintain such highway or portion thereof and all the rights and\nobligations of the state therein shall be turned over and surrendered to\nsuch municipality and such highway or portion thereof shall thereafter\nbe maintained as a part of the highway or road system of such\nmunicipality.\n 33. Have power, whenever such commissioner of transportation deems it\nto be in the best interest of the state and necessary, as a result of\nwork authorized pursuant to this chapter, the transportation law or\nchapter six hundred seventy-eight of the laws of nineteen hundred\ntwenty-eight, as amended, constituting the grade crossing elimination\nact, and upon the request of a public utility corporation, to provide\nfor the removal, relocation, replacement or reconstruction of pipes,\nmains, wires, poles, lights, and other similar facilities of such\nutility corporation. The expense of such removal, relocation,\nreplacement or reconstruction shall be borne entirely by the utility\ncorporation except so much thereof as would constitute compensable\ndamages under any provision of law. Whenever the commissioner of\ntransportation shall approve such a request of a public utility\ncorporation, he shall, with the assistance of such utility corporation,\nmake an estimate of the cost of the work which he is requested to\nperform in accordance with plans and specifications submitted to him by\nsuch utility corporation. Such utility corporation shall thereupon\ndeposit with the state comptroller, who is authorized to receive and\naccept the same for the purposes of this subdivision, a sum equal to\nsuch estimate and subject to the draft or requisition of the\ncommissioner of transportation. If at any time during the course of the\nwork the commissioner of transportation deems the sum submitted by the\nutility corporation to be insufficient to meet anticipated costs of the\nwork, he shall notify the utility corporation of such anticipated\ndeficiency, whereupon the utility company shall deposit with the state\ncomptroller, who is authorized to receive and accept the same subject to\nthe draft or requisition of the commissioner of transportation, such\nadditional sum as is deemed necessary by the commissioner of\ntransportation to meet anticipated costs. When the work authorized by\nthis subdivision has been completed the commissioner of transportation\nshall render to the utility corporation an itemized statement showing in\nfull (a) the amount of money that has been deposited by such utility\ncompany with the state comptroller as hereinbefore provided, and (b) all\ndisbursements made pursuant to this subdivision including a\nproportionate charge for engineering. Any surplus money shall be paid to\nsuch utility company, without interest, on the warrant of the\ncomptroller on vouchers therefor approved by the commissioner of\ntransportation.\n 34. Have power to utilize federal aid to undertake the federal traffic\noperations program to increase capacity and safety on existing street\nand highway systems in urban areas. Before any project under such\nprogram is commenced, the city or municipality in which the improvement\nis to be made shall consent to and approve of the project. If such\nproject requires additional property, the commissioner of transportation\nmay acquire such property as may be necessary for the purposes of this\nsubdivision, in the same manner as other property is acquired for state\nhighway purposes pursuant to this chapter, and he may enter into a\nwritten agreement with the municipality involved to convey such property\nas deemed necessary for the purposes of this subdivision to such\nmunicipality on terms beneficial to the state. The cost of the\nacquisition of additional property as provided in this subdivision shall\nbe a proper charge against funds available for the project. If such\nproject requires the removal, relocation, replacement, alteration or\nreconstruction of railroad facilities normally used for the maintenance\nand operation of the railroad, and including tracks, signals,\ncommunication lines, electrical lines, sewer lines, water lines,\nbuildings, structures and their appurtenances, he may arrange through\nthe railroad for the performance of such removal, relocation,\nreplacement, alteration or reconstruction of such facilities as he may\ndeem necessary. Such removal, relocation, replacement, alteration or\nreconstruction of facilities may be performed on property of the\nrailroad company. If such work requires additional property or if it is\nnecessary that the consequential relocation of such facilities be made\nto other property, he may acquire such property as may be necessary for\nthe purposes of this subdivision, in the same manner as other property\nis acquired for state highway purposes pursuant to this chapter, and he\nmay enter into a written agreement with the owner of the railroad lands\nto convey such property as deemed necessary for the purposes of this\nsubdivision to such owner on terms beneficial to the state. The expense\nof such removal, relocation, replacement, alteration or reconstruction\nof the railroad facilities and any right of way acquisition therefor\nshall be a proper charge against funds available for the project and\nsuch work may be performed by contract in the same manner as provided\nfor state highways in article three of this chapter, or, by the use of\ndepartmental forces and equipment and of materials purchased therefor.\nHowever, if the commissioner of transportation deems it to be in the\ninterest of the public, he may contract with the railroad, upon such\nterms as he may deem advantageous to the state, to have such work\nperformed (a) by the employment of the forces and the use of the\nequipment of such railroad and by the use of any material on hand or\nnecessary to be purchased by such railroad or (b) by such other method\nas the commissioner of transportation shall approve or (c) by a\ncombination of the methods provided in this subdivision, and upon\ncompletion and acceptance of the work, such facilities shall be owned\nand maintained by the railroad. The commissioner and the city or\nmunicipality in which the improvement is to be made are authorized to\nenter into any necessary agreements to carry out such projects in\naccordance with the federal standards and criteria.\n 34-a. Have power to utilize federal aid to undertake federal aid\nprograms available for highways and bridges not on the state highway\nsystem. Before any project under any such program is commenced, the\ngoverning body of the county, city, town or village which has\njurisdiction of the highway or bridge and in which the project is to be\nundertaken shall consent to and approve of such project. If any project\nunder any such program requires additional property, the commissioner\nmay, at the request of the governing body of the municipality having\njurisdiction of the highway or bridge acquire such property as may be\nnecessary for the purposes of this subdivision, in the same manner as\nother property is acquired for state highway purposes pursuant to this\nchapter and the eminent domain procedure law. Whenever the commissioner\ndetermines that such project requires additional property, he shall make\nan estimate of the cost of the property acquisition, in addition to an\nestimate of the cost of constructing the project, and submit such\nestimate to the municipality. The cost estimates shall be approved by\nthe municipality in writing in the form of a resolution of the\nlegislative body of the municipality authorizing participation in the\ncost of such acquisition and such construction to the extent of the\namount of the estimated cost to be borne by the municipality. Such\nresolution shall also authorize the municipality to deposit a sum equal\nto the municipal share of the estimated costs with the state\ncomptroller. The commissioner shall not proceed with any such\nacquisition until the municipality has deposited with the state\ncomptroller, who is authorized to receive and accept the same for the\npurposes of this subdivision, a sum equal to the amount of such estimate\nof the cost of acquisition to be borne by the municipality and subject\nto the draft or requisition of the commissioner. Before the commissioner\nshall proceed with the construction of such project, such municipality\nshall deposit with the state comptroller, who is authorized to receive\nand accept the same for the purposes of this subdivision, a sum equal to\nthe remainder of the amount of the estimated cost to be borne by the\nmunicipality. When the work authorized by this subdivision has been\ncompleted and the cost thereof has been paid by the state, the\ncommissioner shall render to the governing body of such municipality an\nitemized statement in accordance with section eighty-b of this chapter.\nThe commissioner may enter into a written agreement with the\nmunicipality involved to convey such property as deemed necessary for\nthe purposes of this subdivision to such municipality on terms\nbeneficial to the state. The cost of the acquisition of additional\nproperty as provided in this subdivision shall be a proper charge\nagainst funds available for the project. The commissioner and the\nmunicipality in which any such project is to be undertaken are\nauthorized to enter into any necessary agreements to carry out such\nprojects in accordance with federal standards and criteria.\n 34-b. Have power, on behalf and in the name of the state, whenever he\ndeems it necessary and in the best interests of the state, to enter into\ncooperative agreements with any one or several municipalities within the\nstate for the operation and maintenance of computerized traffic control\nsignal systems extending through, among or between such municipalities,\nportions of which systems may be on local roads and portions of which\nsystems may be on the state highway system, notwithstanding the\nprovisions of any general, special or local law to the contrary. Such\nagreements shall provide for the manner in which the work of the\noperation and maintenance of such computerized traffic control signal\nsystems shall be performed, including but not limited to, the\nauthorization for the forces or agents of a municipality to perform such\nwork on the state highway system for the best overall efficient\noperation and maintenance of the entire system. Such agreements shall\nalso provide for the manner in which the costs of the operation and\nmaintenance of such computerized traffic control signal systems shall be\nborne including but not limited to, the cost of materials, equipment and\nlabor necessary for the operation and maintenance of such systems and\nsuch other costs incidental thereto. The costs incurred by the state\npursuant to any such cooperative agreements as authorized herein shall\nbe payable from appropriations made to the department of transportation\nfor the operation, and/or maintenance of state highways, with or without\nfederal aid. Such operation and maintenance work to be performed in\naccordance with the agreements contemplated herein may be performed (a)\nby contract pursuant to state law applicable to the state or to the\nmunicipality letting the contract, or (b) by the use of department\nforces with equipment and materials purchased therefor, or (c) by the\nuse of the forces of any one or several of the municipalities through\nwhich such computerized traffic signal systems extend, with the use of\nthe equipment of such municipality and by the use of any material on\nhand or necessary to be purchased by any such municipality therefor, or\n(d) by such other method as the commissioner of transportation shall\napprove or (e) by a combination of such methods. Any such municipality\nis hereby authorized to enter into all necessary agreements and\ncontracts for the purposes of this subdivision, in accordance with state\nand/or federal standards and criteria.\n 35. Have power, subject to the approval of the director of the budget,\nwhenever the commissioner deems it to be in the best interest of the\nstate in connection with an authorized or anticipated state highway\nconstruction, reconstruction or maintenance project and in conjunction\nwith an authorized or anticipated city, county, town, village or public\nauthority public work project, and ancillary thereto, to enter into\nagreements with cities, counties, towns, villages or public authorities\nfor the performance by or on behalf of any such city, county, town,\nvillage or public authority of any work connected with or necessitated\nby such authorized or anticipated construction, reconstruction or\nmaintenance of any part of the state highway system located within the\njurisdiction of such city, county, town, village or public authority and\nto make payments to any such city, county, town, village or public\nauthority on account of such work notwithstanding the provisions of any\ngeneral, special or local law to the contrary. The costs incurred by the\nstate pursuant to any such agreements with cities, counties, towns,\nvillages, or public authorities as authorized herein shall be payable\nfrom appropriations made to the department of transportation for the\nconstruction, reconstruction and maintenance of state highways with or\nwithout federal aid, and the work authorized herein may be performed by\ncontract in the same manner as provided in article five-A of the general\nmunicipal law or in the case of public authorities, as provided in the\npublic authorities law. Any such city, county, town, village or public\nauthority is hereby authorized to enter into agreements with the\ncommissioner of transportation for the purposes of this subdivision.\n 36. Have power to acquire property, in the same manner as other\nproperty is acquired for state highway purposes pursuant to this\nchapter, for the purpose of parking facilities and appurtenances thereto\nat or adjacent to transportation interfaces and connections to such\nfacilities.\n 37. Have power, whenever such commissioner of transportation deems it\nfeasible and in the best interests of the state upon the request of the\nhead of a state department, agency, institution or public benefit\ncorporation to construct access or branch connections from any state\nhighway to any highway or roadway system of any facility of such state\ndepartment, agency, institution or public benefit corporation. Before\nundertaking such construction, the commissioner and the head of the\nstate department, agency, institution or public benefit corporation\nshall enter into a written agreement, subject to the approval of the\ndirector of the budget, providing the funds therefor, or reimbursement\nby such state department, agency, institution or public benefit\ncorporation of the funds therefor, including all costs incurred by the\ndepartment in connection with such construction. Where such access or\nbranch connections are to be made to a highway or roadway system of any\nfacility of either the state university of New York or the state\nuniversity construction fund, both the state university of New York and\nthe state university construction fund shall be parties to such\nagreement. If such access or branch connection is not determined by the\ncommissioner of transportation to be a part of the state highway system,\nit shall be maintained as determined jointly by the commissioner and the\nhead of such state department, agency, institution or public benefit\ncorporation.\n 38. Have power, whenever such commissioner of transportation deems it\nto be in the best interests of the state, to sell or lease to the\nhighest responsible bidder furnishing the required security after\nadvertisement for sealed bids has been published in a newspaper or\nnewspapers designated for such purpose, for a term not to exceed\nninety-nine years, property rights in air space, unused surface or\nsubsurface space in connection with any state-owned property under his\njurisdiction or other property acquired for state highway purposes. The\nterms of said sale or lease shall be determined by the commissioner and\nshall be subject to approval by the director of the budget. In order to\ncarry any such sale or lease into effect, the commissioner is hereby\nauthorized to execute and deliver, in the name of the people of the\nstate, a quitclaim of or lease to such property rights in the air space\nand/or subsurface space. Each such instrument of conveyance or lease\nshall be prepared by the attorney general and prior to delivery of\npossession of the subject property rights in air space, unused surface\nand/or subsurface space shall be approved by him as to form and manner\nof execution. No such sale or lease by the commissioner shall deprive an\nabutting landowner of his right of access. The development of any\nproperty interest granted pursuant to this subdivision shall be subject\nto the zoning regulations and ordinances of the municipality in which\nsaid property is located and to the support, protection or relocation of\nany public utility facilities within the right of way of any highways\nwithin said property at the sole cost and expense of the grantee, lessee\nor developer. The provisions of this subdivision shall not apply to any\nproperty, the use of which is restricted by the state constitution.\n 39. Have power to acquire property, in the same manner as other\nproperty is acquired for state highway purposes pursuant to this\nchapter, adjacent to or in the vicinity of the right of way on any state\nor federal-aid highway system, or public transportation system or\ninstallation outside a central business district, and to construct\npublicly owned parking facilities and appurtenances thereon or within\nsuch right of way, including connections to such facilities, and,\nsubject to the rights of utility companies to install and maintain their\nfacilities within the highway right of way, provide for the use of the\nair space above and below the established grade line of the highway\npavement, to serve an urban area. Such parking facility and\nappurtenances shall be located and designed to permit their use in\nconjunction with existing or planned public transportation systems or\ninstallations. Before undertaking any such facility the commissioner\nshall first obtain the approval of the governing body of the\nmunicipality in which such facility is to be constructed. In cities\nhaving a population of a million or more, the approval of the city\ncouncil must also be obtained. The commissioner of transportation may\nprovide for the operation and maintenance in whole or in part of any\nsuch parking facility and appurtenances by any person, firm,\ncorporation, public authority, municipality, or state department or\nagency, and may enter into any agreement or contract and establish the\nterms and conditions of such agreement or contract as he deems necessary\nto facilitate such operation and maintenance. In the event fees are\ncharged for the use of any such facility, the rate thereof, or the\nmanner of establishing the rate thereof, shall be set forth in such\nagreement or contract. The municipality in which the improvement is\nconstructed is authorized to enter into any such agreement or contract\nwith the commissioner of transportation to carry out such projects in\naccordance with state and/or federal standards and criteria. The\nproportion of the total cost of work performed on any project pursuant\nto this subdivision, in addition to any or all elements thereof that are\nnot subject to federal aid, which shall be borne by the state of New\nYork and charged against funds available for the construction,\nreconstruction or maintenance of state highways shall be the difference\nbetween the funds contributed for such work by the federal government\nand the actual cost thereof less any amount which may be provided by any\nmunicipality, person, firm, corporation or public benefit corporation in\naccordance with any provision of law.\n 40. Have power whenever the commissioner of transportation determines\nthat it is in the best interest of the state, considering safety,\nover-all economy of providing transportation services, and effect on the\nflow of vehicular traffic along a state highway traversing a\nmunicipality to eliminate parking within the right of way of such\nhighway, and upon the determination of the commissioner to acquire\nproperty and to construct thereon any parking facilities and\nappurtenances, including connections thereto, which he may deem\nnecessary in order to facilitate the purposes of this subdivision. He\nmay provide for state maintenance of facilities and appurtenances if he\ndetermines such maintenance to be desirable. If the commissioner\ndetermines that parking facilities and appurtenances are justified and\nnecessary and in the best interest of the state he may submit to the\ngoverning body of the appropriate municipality a proposal to provide\nsuch facilities. Before undertaking any such facility he shall first\nobtain the approval of the governing body of the municipality involved.\nIn cities having a population of a million or more, the approval of the\ncity council must also be obtained. The commissioner may as a condition\nto undertaking any such facility and prior to the acquisition of any\nproperty or the commencement of any work for same by the commissioner,\nrequire the municipality to assume all the rights and obligations for\nthe operation, maintenance and control of said parking facility and\nappurtenances. Acquisition of the property for the purposes of this\nsubdivision shall be in the same manner as other property is acquired\nfor state highway purposes pursuant to this chapter. The expense of such\nproperty acquisition, construction and any state maintenance of such\nparking facilities and appurtenances, including connections to such\nfacilities, shall be a proper charge against funds available for the\nconstruction, reconstruction or maintenance of state highways. The\ncommissioner of transportation is authorized, with the approval of the\ndirector of the budget, to sell, lease or otherwise dispose of any real\nproperty acquired or improved pursuant to this subdivision upon terms\nwhich he has determined to be in the best interest of the state. Any\nsuch disposition, however, shall provide for the assumption by the\ngrantee of all the rights and obligations for the operation, maintenance\nand control of said parking facilities and appurtenances.\n 41. Have power, in connection with a department construction project\nundertaken with federal aid, whenever the commissioner determines that\nit is in the best interest of the state considering among other factors\nthe cost and feasibility of other alternatives, to provide for the noise\ninsulation of publicly owned school buildings which are off the highway\nright-of-way. The commissioner may provide for the noise insulation by\nentering into an agreement with the appropriate board of education or\nschool district to provide the capital funds necessary for the design\nand construction of such noise insulation to abate highway generated\nnoise within the school building. The expenses of such noise insulation\nshall be charged against funds available to the department for highway\nconstruction.\n 42. (a) Within ninety days after the effective date of this\nsubdivision establish a local road classification task force which shall\nwithin two years recommend:\n (i) alternative guidelines for classifying town or county roads in\nrural areas according to principal uses, traffic volume and such other\ncriteria as it may deem appropriate;\n (ii) for each class of road, the width of driving surfaces and the\nguidelines that are necessary to construct or reconstruct such roads and\nbridges;\n (iii) for each class of road, the guidelines for maintenance that may\nbe required;\n (iv) signs that may be erected to designate each class of road along\nwith designated speed limits and other applicable guidelines;\n (v) guidelines by which local legislative bodies would apply\nclassifications to specific roads within their jurisdiction; and\n (vi) undertake all other acts which are consistent with the purposes\nof this subdivision and which, in the opinion of the task force, will\npromote the most effective use of the town and county road system in\nrural areas.\n (b) Members of the task force. The task force shall consist of the\ncommissioner or his designee, who shall serve as chairman, eleven\npersons appointed by the governor, the commissioner of the department of\nagriculture and markets or his designee and the Dean of the College of\nAgriculture and Life Sciences at Cornell University or his designee. Of\nthose appointed by the governor, there shall be four town highway\nsuperintendents then in office in rural areas, three county highway\nsuperintendents then in office in rural areas, one official from the\ndepartment, and three persons who own or operate a business in rural\nareas of this state. In addition, a representative from the federal\nhighway administration may be invited to serve in an ex-officio\ncapacity. The commissioner may also invite representatives of town and\ncounty governments to consult with the task force on a regular basis.\nVacancies shall be filled in the same manner as the original\nappointments.\n (c) Compensation of members. Members of the task force shall receive\nno compensation for their services, but shall be reimbursed for their\nnecessary expenses of up to seventy-five dollars per diem, not to exceed\nseven hundred fifty dollars in a given year.\n (d) Staff support. The department shall provide staff support to the\ntask force for organizational support including background research and\nreport development.\n (e) As used in this subdivision the term "rural areas" shall mean any\ncounty of less than two hundred thousand population or any town which\nhas a population of less than one hundred fifty persons per square mile.\n 43. Have power, whenever the commissioner finds it is necessary for\nthe construction or reconstruction of state highways, or transportation\nprojects under the transportation law, to acquire property to replace\npublicly owned park, recreation area, wildlife and waterfowl refuge,\nwetland or historic site lands acquired or to be acquired for state\nhighway or transportation purposes. The commissioner, after consultation\nwith the public owner of the property to be replaced, the commissioner\nof the department of environmental conservation and the commissioner of\nthe office of parks, recreation and historic preservation, is authorized\nto acquire such replacement land of approximate equality in fair market\nvalue, and of reasonably equivalent resource value, usefulness and\nlocation to those lands acquired for highway or transportation purposes.\nThe commissioner may enter into written agreements to convey property to\nthe owners of such public lands for the purposes of this subdivision on\nterms beneficial to the state. Acquisition of property deemed necessary\nfor the replacement of such land shall be in the same manner as other\nproperty is acquired for state highway purposes pursuant to this chapter\nand the expense of such acquisition shall be a proper charge against\nfunds available for the construction or reconstruction of state highways\nor the transportation project as the case may be.\n * 44. On or before December thirty-first, two thousand four, and on or\nbefore December thirty-first of every fifth year thereafter, the\ncommissioner shall submit to the governor, the temporary president and\nmajority leader of the senate and the speaker of the assembly a special\nadditional assessment report of the condition of the state highway and\nbridge system and the goals for the five year period following the date\nof such report. Such report shall describe the condition of the state\nhighway and bridge system, the department's procedures for the\nmanagement of pavements and bridges, and measurements for and an\nevaluation of system performance. Such report shall also recognize the\nimportance of addressing the most urgent regional needs as determined by\nsuch measurements and evaluation. Nothing contained herein shall be\ndeemed to supersede any other reporting requirements otherwise imposed\nupon the department by law, rule or regulation.\n * NB Not effective due to defeat of the Transportation Bond Act of\n2000\n 45. On or before December thirty-first, two thousand nine, and on or\nbefore December thirty-first of every fifth year thereafter, the\ncommissioner shall submit to the governor, the temporary president and\nmajority leader of the senate and the speaker of the assembly a special\nadditional assessment report of the condition of the state highway and\nbridge system and the goals for the five year period following the date\nof such report. Such report shall describe the condition of the state\nhighway and bridge system, the department's procedures for the\nmanagement of pavements and bridges, and measurements for and an\nevaluation of system performance. Such report shall also recognize the\nimportance of addressing the most urgent regional needs as determined by\nsuch measurements and evaluation. Nothing contained herein shall be\ndeemed to supersede any other reporting requirements otherwise imposed\nupon the department by law, rule or regulation.\n 46. Have the authority to enter into agreements and/or contracts to\nprovide or receive services pursuant to section ninety-nine-r of the\ngeneral municipal law upon such terms and conditions as deemed\nappropriate by the commissioner or commissioner's designee.\n