§ 10-E — Additional special powers of the commissioner of transportation

§ 10-e. Additional special powers of the commissioner of\ntransportation. 1. The commissioner of transportation, subject to the\napproval of the director of the budget, is hereby authorized to enter\ninto a dedicated highway and bridge trust fund cooperative agreement or\nagreements with the New York state thruway authority for the financing\nby such authority of disbursements made by the state for any of the\nactivities authorized pursuant to the provisions of section\neighty-nine-b of the state finance law, in any case where the expense\nthereof is paid in whole or in part by the state. Such disbursements by\nthe state shall be recorded on a project basis and referred to as\n"dedicated highway and bridge trust fund cooperative agreement\ndisbursements". Copies of such agreement shall be filed with the\nchairpersons of the assembly ways and means committee and the senate\nfinance committee.\n 2. The dedicated highway and bridge trust fund cooperative agreement\nor agreements shall provide for dedicated highway and bridge trust fund\ncooperative agreement payments to the New York state thruway authority,\nand may further provide for necessary instruments of transfer by\nquitclaim deed or otherwise, to the New York state thruway authority\npursuant to subdivision eight of this section, of such real property\ninterests that are held by the department in the name of the people of\nthe state for any of the activities undertaken under this section. Such\ndedicated highway and bridge trust fund cooperative agreement or\nagreements shall also include but not be limited to: (a) description and\nlocation of each activity; (b) the projected dates of commencement and\ncompletion; (c) the estimated total cost, including the amount of\nfederal aid available therefor. Nothing in such agreement shall provide\nfor the transfer of any interests in buildings or personal property,\nincluding equipment, materials and facilities used or useful in\nconnection with activities authorized in this section.\n 3. In addition to the requirements of subdivision two of this section,\neach such dedicated highway and bridge trust fund agreement or\nagreements shall provide that: (a) any real property interest transfer\npursuant to subdivision eight of this section shall be maintained and\noperated under the supervision of the department of transportation\nwithout cost to the New York State thruway authority; (b) simultaneously\nwith the conveyance of any real property interest by the department by\nquitclaim deed or otherwise pursuant to subdivision eight of this\nsection the New York state thruway authority shall issue a use permit or\nlease to the department of transportation for such real property\ninterest on a toll free basis; and, (c) no such activity shall require\ndedicated highway and bridge trust fund cooperative agreement payments\nfor a term in excess of thirty years and, at the expiration of such term\nas the commissioner and the authority may agree, pursuant to subdivision\neight of this section all rights and interest of the New York state\nthruway authority in each such activity shall without any additional\npayment by the state to such authority revert to and be vested in the\npeople of the state of New York. In no event shall any property\ntransferred to the thruway authority pursuant to this section be deemed\npart of the thruway for the purposes of any provision of the tax law.\n 4. The commissioner of transportation is hereby authorized to\nundertake any of the authorized activities pursuant to section\neighty-nine-b of the state finance law, in any case where the expense\nthereof is paid in whole or in part by the state, as financed by the New\nYork state thruway authority of disbursements made by the state; and,\nprovided that all such activities shall be performed in accordance with\nthe provisions of this chapter and other applicable laws.\n 5. The commissioner of transportation is hereby authorized and\nempowered to provide, in each dedicated highway and bridge trust fund\ncooperative agreement or agreements during the term or terms of each\nsuch agreement or agreements, against loss or damage to any project\ncaused by storm, flood, fire, explosion or other catastrophe, whether by\ninsurance or otherwise.\n Each dedicated highway and bridge trust fund cooperative agreement or\nagreements pursuant to this section shall contain a clause that such\nagreement or agreements of the state thereunder are not a debt of the\nstate and that such agreement or agreements shall be deemed executory\nonly to the extent of the monies available to the state and no liability\non account thereof shall be incurred by the state beyond the monies\navailable for the purpose thereof.\n 6. The comptroller shall at the commencement of each month certify to\nthe director of the budget, the chairpersons of the senate finance and\nassembly ways and means committees, the commissioner of transportation,\nand the chairman of the thruway authority the amount disbursed from the\ndedicated highway and bridge trust fund in the preceding month, the\namounts reimbursed by the thruway authority, the revenues received in\nthe fund, and the unreimbursed disbursements. The department of\ntransportation shall report, not less than quarterly, to the director of\nthe budget, the chairs of the senate finance committee and assembly ways\nand means committee, the amounts disbursed from appropriations in the\ndedicated highway and bridge trust fund which may be reimbursable from\nbonds authorized by this section. The director of the budget shall\nreview the report and certify to the comptroller the disbursements that\nare not reimbursable from bonds.\n 7. The commissioner of transportation may, subject to the approval of\nthe director of the budget, enter into a supplemental dedicated highway\nand bridge trust fund cooperative agreement or agreements with the New\nYork State thruway authority pursuant to the provisions of this section,\nprovided that each such dedicated highway and bridge trust fund\nagreement or supplement thereto is approved as to form by the attorney\ngeneral of the state of New York.\n 8. Notwithstanding any other provisions of law, general or special or\nlocal, the commissioner of transportation is hereby authorized for and\non 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 at such\ntime, for such consideration or upon such terms and conditions as may be\ndetermined by the commissioner of transportation and the New York state\nthruway authority, a lease or mortgage or a quitclaim deed in a form\nacceptable to the commissioner and the chairman which form may provide\nfor amendment by certificate or supplement by the parties for the\naddition of property, which upon delivery shall therewith be deemed to\nconvey to the New York state thruway authority such interest as the\npeople of the state of New York may have in and to any of the lands over\nwhich the commissioner of transportation has possession, jurisdiction,\nsupervision and control pursuant to the provisions of this chapter or\nother law. Such lease, mortgage or quitclaim deed shall not exceed a\nterm authorized by subdivision three of this section. Provided,\nhowever, that at any time after April first, nineteen hundred\nninety-five, no dedicated highway and bridge trust fund cooperative\nagreement with the New York state thruway authority pursuant to this\nsection, nor any supplement thereto, need provide any such foregoing\nconveyance of property to the New York state thruway authority in\nconnection with any obligations incurred pursuant to section three\nhundred eighty-five of the public authorities law, and any such\nconveyance evidenced by a dedicated highway and bridge trust fund\ncooperative agreement before such date shall, consistent with the rights\nof holders of any such obligations incurred pursuant to section three\nhundred eighty-five of the public authorities law, revert to the people\nof the state of New York by appropriate instrument or instruments, by\nquitclaim deed or otherwise, in confirmation of such reversion.\n 9. 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 advanced by the\nstate.\n