§ 14-K — Multi-modal program

§ 14-k. Multi-modal program. 1. There is hereby established the\n"multi-modal program". The commissioner is hereby authorized to enter\ninto a contract, lease or agreement with the New York state thruway\nauthority for the financing by such authority of the multi-modal program\nas authorized by law.\n 2. Program funds shall be provided pursuant to annual appropriation or\npursuant to authorization by the legislature for capital projects.\n 3. The commissioner is hereby vested with the authority and\nresponsibility to approve funding for projects authorized in subdivision\nfour of this section. The funding of projects will be made upon\napplication, in a format prescribed by the commissioner, by the project\nsponsor for funding of prior expenditures.\n 4. Multi-modal projects shall be limited to:\n (a) project costs for construction, reconstruction, improvement,\nreconditioning and preservation of rail freight facilities and for the\nproject costs of intercity rail passenger facilities and equipment where\nthe service life of the project is at least ten years. Funding of\nproject expenditures for an approved project shall require certification\nby the project sponsor to the department that the project has a service\nlife of ten or more years. Such certification shall include any such\ninformation as may be necessary to maintain, if applicable, the federal\ntax exempt status of bonds, notes or other obligations issued by the New\nYork state thruway authority for such purposes. The commissioner shall\nrequest the project sponsors to furnish such information in writing as\nmay be necessary;\n (b) project costs for construction, reconstruction, improvement,\nreconditioning and preservation of state, municipal, or privately owned\nports where the service life of the project is at least ten years.\nFunding of project expenditures for an approved project shall require\ncertification by the project sponsor to the department that the project\nhas a service life of ten or more years. Such certification shall\ninclude any such information as may be necessary to maintain, if\napplicable, the federal tax exempt status of bonds, notes or other\nobligations issued by the New York state thruway authority for such\npurposes. The commissioner shall request the project sponsors to furnish\nsuch information in writing as may be necessary;\n (c) project costs of construction, reconstruction, improvement,\nreconditioning and preservation of municipal airports, privately owned\nairports and aviation capital facilities, excluding airports operated by\nthe state or operated by a bi-state municipal corporate instrumentality,\nfor which federal funding is not available provided the project is\nconsistent with an approved airport layout plan, where the service life\nof the project is at least ten years. Funding of project expenditures\nfor an approved project shall require certification that the project has\na service life of ten or more years. Such certification shall include\nany such information as may be necessary to maintain, if applicable, the\nfederal tax exempt status of bonds, notes or other obligations issued by\nthe New York state thruway authority for such purposes. The commissioner\nshall request the project sponsors to furnish such information in\nwriting as may be necessary;\n (d) project costs of construction, reconstruction, enhancement,\nimprovement, replacement, reconditioning, restoration, rehabilitation\nand preservation of state, county, town, city and village roads,\nhighways, parkways and bridges where the service life of the project is\nat least ten years. Funding of project expenditures for an approved\nproject shall require certification from the project sponsor that:\n (i) the project has a service life of ten or more years;\n (ii) program funds are not to be used for the mandated non-federal\nshare of federally funded projects;\n (iii) the amount of funds requested is no greater than prior\nunreimbursed municipal project expenditures for work completed or\nmaterials incorporated in qualifying projects; and\n (iv) the amount of municipal funds appropriated for transportation\ncapital projects by municipalities shall not be reduced because of the\navailability of these funds.\n The commissioner shall request the project sponsors to furnish such\ninformation in writing as may be necessary. For the purposes of this\nsection, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier\nextension railroad authority shall be an authorized project sponsor.\n By written agreement between them, a county may act for one or more\ncities, towns or villages in the implementation of projects eligible for\nfunding pursuant to this paragraph. A copy of such agreement shall be\nfiled with the commissioner; and\n (e) project costs for construction, reconstruction, improvement,\nreconditioning and preservation of fixed ferry facilities of municipal\nand privately owned ferry lines for transportation purposes, where the\nservice life of the project is at least ten years. Funding of the\nproject expenditures for an approved project shall require certification\nby the project sponsor to the department that the project has a service\nlife of ten or more years. Such certification shall include any such\ninformation as may be necessary to maintain, if applicable, the federal\ntax exempt status of bonds, notes or other obligations issued by the New\nYork state thruway authority for such purposes. The commissioner shall\nrequest the project sponsors to furnish such information in writing as\nmay be necessary.\n