§ 440 — New York state transportation energy conservation program

§ 440. New York state transportation energy conservation program. 1.\nAs used in this article, unless a different meaning clearly appears from\nthe context, the term:\n (a) "Applicant" shall mean any town, city, village, county and for any\nproject on the state highway/bridge system, the designated\ntransportation coordinating committee, if one exists, or the\nmetropolitan transportation planning organization, if no designated\ntransportation coordinating committee exists. In cases where no\nmetropolitan planning organization exists, the department may submit\napplications for projects on the state highway/bridge system.\n (b) "Transportation energy conservation project" shall mean an\nimprovement to or directly related to the use of a street, highway\nand/or bridge either on or off the state highway system provided such\nhighway or bridge is not owned by a state authority. Such projects shall\nbe designed to advance energy efficiency and conservation through\nimprovements, including, but not limited to, capacity/spot improvements,\nsigning, signalization and technical innovation, and training and\ntechnical assistance.\n (c) "Program" shall mean the New York state transportation energy\nconservation program.\n 2. (a) The department shall promulgate rules and regulations to\nprovide for the timely and effective implementation of the program.\n (b) Such rules and regulations shall provide for application\nprocedures, criteria for ranking and soliciting projects and standards\nto be used by the department in approving projects for funding.\n (c) In promulgating such rules and regulations the department shall\nensure that:\n (i) the total costs of implementing any project approved for funding\nunder the transportation energy conservation program will be returned in\nsavings in energy costs attributable to the project within a period of\nnot more than fifteen years, or the life of the project, whichever is\nless;\n (ii) any moneys used for projects from the transportation energy\nconservation program are in addition to any existing funding from either\nstate or local sources and such sources shall not be reduced due to the\navailability of moneys from such program;\n (iii) no project shall receive in excess of two hundred fifty thousand\ndollars from the transportation energy conservation program;\n (iv) an equitable distribution of moneys from the program is made\nstatewide; and\n (v) a report is issued, at least annually, detailing the commitment\nand use of such funds.\n