N.Y. General Municipal Law § 119-s: Participation in federal and state assistance programs for mass transportation and airport and aviation projects

§ 119-s. Participation in federal and state assistance programs for

mass transportation and airport and aviation projects. 1. Any municipal

corporation shall have power, either individually or jointly with one or

more other municipal corporations, to apply for, accept, and expend

financial assistance:

a. From the state of New York for one or more mass transportation

capital projects or for one or more airport or aviation capital projects

provided pursuant to the transportation capital facilities bond act and

the transportation capital facilities development act, whether by way of

direct financial assistance or by way of prefinancing of any financial

assistance from the United States.

b. From the United States, or any agency or instrumentality thereof,

for one or more mass transportation capital projects or one or more

airport or aviation capital projects provided pursuant to any act of the

Congress of the United States or any rule, regulation or order

promulgated pursuant thereto.

c. From the United States, or any agency or instrumentality thereof,

for operation or maintenance of one or more mass transportation capital

projects or one or more airport or aviation capital projects provided

pursuant to any act of the Congress of the United States or any rule,

regulation or order promulgated pursuant thereto.

d. From the United States, or any agency or instrumentality thereof,

for one or more grants for transportation demonstration projects

provided pursuant to any act of the Congress of the United States or any

rule, regulation or order promulgated pursuant thereto.

2. Any city, town, village or county not wholly contained within a

city shall have power (a) to finance or raise pursuant to law,

appropriate and expend such sums as are required to administer, conduct

or participate in such a project or projects and (b) to accept money

provided by any person, firm or corporation whatever, including the

private owner or operator of a mass transportation facility affected by

the specific project, for the administration or conduct of, or

participation in, a specific project and comply with the conditions of

the provider of such money.

3. No municipal corporation, whether acting individually or jointly

with one or more other municipal corporations, shall submit to the

United States, or any agency or instrumentality thereof, any project

application for one or more mass transportation capital projects or one

or more airport or aviation capital projects, any application for one or

more transportation demonstration projects or any federal mass

transportation operating assistance, unless the application or

applications therefor shall have been first approved by the state

commissioner of transportation as being a part of or consistent with a

statewide comprehensive master plan for transportation promulgated by

him and approved by the governor on the recommendation of the department

of state or, in the absence of any such statewide plan, any other

recognized long-range regional transportation plan approved by the

commissioner or, in the absence of any such regional plan, sound

transportation development policy and planning concepts.

4. The county shall have power to pledge its interest in any mass

commuting vehicles, the acquisition of which was not wholly financed

with the proceeds of bonds or bond anticipation notes under the

provisions of the local finance law, to secure or further secure the

payment of any bonds or bond anticipation notes issued for any object or

purpose of such county, if such pledge will have the effect, directly or

indirectly, of enabling such county to participate in any transaction

described in section ninety-nine-o of this chapter. As used in this

subdivision, the term "mass commuting vehicle" means any bus, subway

car, rail car, locomotive, or similar equipment used or to be used to

provide mass commuting services, whether or not operated by a private

operator under agreement with such county.