§ 10-A — Special powers of the commissioner of transportation

§ 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 bridges, in\nany case where the expense thereof is paid in whole or in part by the\nstate, as financed by the New York State thruway authority of\nexpenditures made in advance by the State; and, provided that all such\nprojects and traffic operations program projects shall be performed in\naccordance with the provisions of the highway law.\n 5. The commissioner of transportation is hereby authorized and\nempowered to provide in each cooperative highway contractual agreement\nor agreements during the term or terms of each such agreement or\nagreements against loss or damage to any project caused by storm, flood,\nfire, explosion or other catastrophe, whether by insurance or otherwise.\n Each cooperative highway contractual agreement or agreements pursuant\nto this section shall contain a clause that such agreement or agreements\nof the state thereunder shall be deemed executory only to the extent of\nthe monies available to the state and no liability on account thereof\nshall be incurred by the state beyond the monies available for the\npurpose thereof.\n 6. The state comptroller shall at the commencement of each month,\ncertify to the director of the budget, the commissioner of\ntransportation, the chairman of the senate finance committee, the\nchairman of the assembly ways and means committee, and the chairman of\nthe New York State thruway authority, the amounts expended from the\nadvance appropriation made by this act for design, acquisition,\nconstruction, reconstruction or reconditioning and preservation projects\nand traffic operations program projects for the month preceding such\ncertification and such certification shall not exceed in the aggregate\nthe amounts appropriated.\n 7. The commissioner of transportation may, subject to the approval of\nthe director of the budget, enter into a supplemental cooperative\nhighway contractual agreement or agreements with the New York State\nthruway authority or municipalities pursuant to the provisions of this\nsection, provided that each such cooperative highway contractual\nagreement or supplemental thereto is approved as to form by the attorney\ngeneral of the state of New York.\n 8. (a) Notwithstanding any other provisions of law, general or special\nor local, the commissioner of transportation is hereby authorized for\nand on behalf and in the name of the people of the state of New York to\nexecute and deliver to the New York State thruway authority, for such\nconsideration or upon such terms and conditions as may be determined by\nthe commissioner of transportation and the New York State thruway\nauthority, subject to the approval of the director of the budget, a\nlease or mortgage for a term not exceeding the term authorized by\nsubdivision three of this section or a quitclaim deed conveying to the\nNew York State thruway authority all the right, title and interest of\nthe people of the state of New York in and to any of the lands and in\nand to any of the design, acquisition, construction, reconstruction or\nreconditioning and preservation improvements thereon or traffic\noperations program improvements over which the commissioner of\ntransportation has possession, jurisdiction, supervision and control\npursuant to the provisions of the highway law or other law.\n (b) Notwithstanding any other provision of law, general or special or\nlocal, for capacity and infrastructure improvements to county, town,\ncity or village roads, highways, parkways and bridges, the municipality\nwith jurisdiction over the project shall enter into an agreement with\nthe department of transportation for the conveyance of all affected real\nproperty including highways, roads, parkways and bridges to the thruway\nauthority, for the term of the bonds or notes issued by the thruway\nauthority, or its successor agency, for such project or for such lesser\nperiod that such bonds or notes are outstanding. During the period of\nsuch conveyance to the thruway authority, the department of\ntransportation or the municipality shall agree to maintain the facility\nin a state of good repair, the responsibility for which shall be with\nthe state, or municipality, which had jurisdiction over said facility\nprior to such agreement.\n 9. The attorney general shall pass upon the form and sufficiency and\nmanner of execution of any lease, mortgage or deed of conveyance\nexecuted by the commissioner of transportation pursuant to the\nprovisions of subdivision eight of this section.\n 10. As used in this section "reconditioning and preservation" shall\nmean resurfacing of existing pavements to correct structural\ndeficiencies or substandard riding characteristics; the sealing of\npavements; the treatment of highway pavements to improve skid\nresistance; modification of roadway geometrics for improvement of\noperational safety; the improvement of highway appurtenances including\nbut not limited to shoulders, guiderail systems, slopes, traffic control\ndevices, sidewalks, curbs, drainage systems; retaining and sustaining\nwalls; removal of hazards and/or their replacement or correction by the\nuse of recognized and approved safety or protective devices; bridge\npainting and improvement including structural rehabilitation or\nreplacement.\n 11. As used in this section "traffic operations program" shall mean\nthe program authorized by subdivision thirty-four of section ten of the\nhighway law.\n 12. Subject to the approval of the director of the budget, the\ncommissioner is authorized to pledge and assign to the New York state\nthruway authority federal moneys to be paid to the state as\nreimbursement for the federal share of expenditures.\n 13. (a) The state shall defend any unit, entity, officer or employee\nof the New York state thruway authority using the forces of the\ndepartment of law in any action, proceeding, claim, demand or the\nprosecution of any appeal arising from or occasioned by the acts or\nomissions to act in the performance of the functions of the department\npursuant to a shared services agreement.\n (b) Defense pursuant to paragraph (a) of this subdivision shall be\nconditioned upon the full cooperation of the New York state thruway\nauthority.\n (c) The state shall indemnify and hold harmless any unit, entity,\nofficer or employee of the New York state thruway authority in the\namount of any judgment obtained against the New York state thruway\nauthority or in the amount of any settlement the New York state thruway\nauthority enters into with the consent of the state for any and all\nclaims, damages or liabilities arising from or occasioned by the acts or\nomissions to act of the department pursuant to a shared services\nagreement, provided, however, that the act or omission from which such\njudgment or settlement arose occurred while the department was acting\nwithin the scope of its functions pursuant to a shared services\nagreement. Any such settlement shall be executed pursuant to section\ntwenty-a of the court of claims act.\n (d) Any claim or proceeding commenced against any unit, entity,\nofficer or employee of the department pursuant to any shared services\nagreement shall not be construed in any way to impair, alter, limit,\nmodify, abrogate or restrict any immunity available to or conferred upon\nany unit, entity, officer or employee of the department, or to impair,\nalter, limit, modify, abrogate or restrict any right to defense and\nindemnification provided for any governmental officer or employee by, in\naccordance with, or by reason of, any other provision of state or\nfederal statutory or common law.\n (e) This subdivision shall not in any way affect the obligation of any\nclaimant to give notice to the state under sections ten and eleven of\nthe court of claims act or any other provision of law provided, however,\nthat notice served upon the state or the authority shall be valid notice\non both parties to the agreement, when such claim arises out of such\nagreement. The state and authority shall notify each other when they\nreceive a notice of claim, notice of intention to make a claim or a\nclaim arising out of such agreement.\n (f) The provisions of this subdivision shall not be construed to\nimpair, alter, limit or modify the rights and obligations of any insurer\nunder any insurance agreement.\n (g) Notwithstanding any other provision of law, employees of the\nthruway authority, its subsidiaries and the department shall be deemed\nemployees of all such entities and the state for purposes of the\nworkers' compensation law.\n (h) Any payment made pursuant to this subdivision or any monies paid\nfor a claim against or settlement with the department or the New York\nstate thruway authority pursuant to this section and pursuant to a\nshared services agreement shall be paid from appropriations for payment\nby the state pursuant to the court of claims act.\n