N.Y. Highway Law § 10: General powers and duties of the commissioner of transportation relating to highways

§ 10. General powers and duties of the commissioner of transportation

relating to highways. The commissioner of transportation shall:

1. Have general supervision of all highways and bridges which are

constructed, improved or maintained in whole or in part by the aid of

state moneys.

2. Cause surveys, maps, plans, specifications and estimates to be made

for the improvement, construction and maintenance of state highways.

2-a. In consultation with the commissioner of commerce and the

commissioner of parks and recreation, cause the preparation and

distribution of a highway map for the state, including but not limited

to a representation of the state highway system, the thruway system, the

principal bikeways and highway systems of the municipalities within the

state. Such map shall be intended to facilitate travel and promote

tourism throughout the state, and shall not be admissible in any

proceeding as proof of ownership, location or condition of the highways

represented thereon.

3. Cause investigations and reconnaissance surveys to be made for the

purpose of ascertaining and determining the practicability and

feasibility of extensions to the system of state highways by the

construction of possible branches or cut-offs from state highways for

the purpose of affording by-passes around cities, villages and hamlets

of the state to relieve traffic congestion therein, and also for the

construction of additional routes to relieve traffic congestion on

present main routes. The expense of such investigations and

reconnaissance surveys shall be a proper charge against funds available

for the construction, reconstruction or maintenance of state highways.

4. Approve and determine the final plans, specifications and estimates

for state highways and cause a contract to be let for the construction

or improvement of same after due advertisement.

5. Direct and cause to be made such repairs of state highways as he

deems necessary, within the estimates and appropriations made therefor.

6. Cause an inspection and examination to be made of all work on state

highways.

7. Annually cause to be inspected all improved state highways, and

shall require a complete report of such inspection which shall show the

condition of the highway inspected, the necessary work to be performed

in the repair and maintenance of such highways, and the estimated cost

thereof.

8. Approve and certify to the monthly estimates of allowances for work

being performed under any contract let for the construction, improvement

or maintenance of state highways.

9. Prescribe rules and regulations not inconsistent with law, fixing

the duties of county and town superintendents in respect to all highways

and bridges and determining the method of the construction, improvement

or maintenance of such highways and bridges. Such rules and regulations

shall, before taking effect, be printed and transmitted to the highway

officers affected thereby.

9-a. Prescribe rules and regulations not inconsistent with law, fixing

the duties of county and town superintendents, in respect to oil spill

control, pursuant to authority given the commissioner in section one

hundred seventy-seven of the navigation law.

10. Compel compliance with laws, rules and regulations relating to

highways and bridges by highway officers and see that the same are

carried into full force and effect.

11. Aid county and town superintendents in establishing grades,

preparing suitable systems of drainage and advise with them as to the

construction, improvement and maintenance of highways and bridges.

12. Investigate and determine upon the various methods of road

construction adapted to different sections of the state, and as to the

best methods of construction and maintenance of highways and bridges.

13. Compile statistics relating to the public highways throughout the

state, and collect such information in regard thereto as he shall deem

expedient.

14. Cause public meetings to be held whenever he deems it advisable,

in each district or county, for the purpose of furnishing such general

information and instructions as may be necessary, regarding the

construction, improvement or maintenance of the highways and bridges and

the application of the highway law, and the rules and regulations of the

department, and also for the purpose of hearing complaints. He shall

notify the county engineer or county superintendent of his intention to

hold such meeting or meetings, specifying the date and the place

thereof.

15. Prepare tables showing the total number of miles of highways in

the state, by town and county, and file a copy of the same in the office

of the comptroller.

16. Aid at all times in promoting highway improvement throughout the

state, and perform such other duties and have such other powers in

respect to highways and bridges as may be imposed or conferred on him by

law.

17. When the corners of the boundaries of counties, cities, villages

and subdivision lots of towns shall have been located, as provided in

subdivision ten of section one hundred and two of this chapter, the

commissioner shall cause a monument to be accurately set at each such

corner, except in cases where the improvement of such highway or road

has been completed prior to the location of such corners as provided in

such subdivision. Such monuments shall be of some durable material and

shall be so set that the top thereof shall be on a level with the

surface of such improved highway or road. The cost and expense of such

monuments and the setting of the same shall be a state charge.

18. Include in his annual report to the legislature a statement of the

condition of the highways and bridges, the progress of the improvement

and maintenance of state highways, county roads and town highways, the

amount of moneys received and expended during the year, upon highways

and bridges and such matters, as in his judgment, should be brought to

the attention of the legislature, together with recommendations as to

such measures in relation to highways as the public interests require.

18-a. Include, in addition to the requirements of subdivision eighteen

of this section, in his or her annual report to the legislature a

statement of the number of motor vehicle collisions with bridges and

elevated structures on or crossing highways under the jurisdiction of

the department during the previous year, the location of such

collisions, any repairs completed including any actions performed at or

around such bridges and elevated structures to prevent the future

occurrence of such collisions, any efforts of the department during the

previous year to prevent such collisions, and any recommendations in

relation to preventing such motor vehicle collisions with bridges and

elevated structures. Nothing contained herein shall be deemed to

supersede any other reporting requirements otherwise imposed upon the

department by law, rule or regulation.

19. During the construction or improvement of a state highway, if such

highway be closed to the traveling public and another existing highway

is caused to be used in lieu of the closed highway as provided in

section one hundred and four of this chapter, provide, erect and

maintain a sufficient number of detour signs so that the temporary route

or detour shall be clearly indicated throughout its entire length, and

upon the discontinuance of said temporary route or detour, shall cause

such signs to be removed, and the cost of all thereof shall be paid out

of any funds available for the construction, improvement or

reconstruction of state highways.

20. Whenever the construction or improvement of a state highway or

section thereof under a contract shall be completed and the final

payment therefor shall have been made, prepare a statement of the cost

of such construction or improvement, including engineering expenses,

inspection and all charges and expenses properly chargeable thereto,

showing in detail the date of each payment, and the purpose and amount

of such payment. Such payments shall be grouped as far as practicable by

dates and the total thus obtained shall be deemed the cost of such

construction or improvement.

21. Provide for the separation of highway-railroad crossings at grade

under the act known by the short title of "grade crossing elimination

act." He shall also provide for such work as he is authorized to perform

under the provisions of the railroad law, and the portion of the cost of

such work which is payable by the state under section ninety-four of the

railroad law shall be paid out of any funds available for the

construction, improvement or reconstruction of state highways.

22. Provide for the construction of sidewalks adjacent to state

highways outside of cities and incorporated villages, when he is of the

opinion the same are necessary. He shall have full authority to

determine the type, width, location with respect to the highway, and the

general construction details of such sidewalks. The expense of such

construction shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways.

23. Provide for the installation and maintenance of lights on such

state highways as he is of the opinion are necessary. The expense of

such installation and maintenance shall be a proper charge against funds

available for the construction, reconstruction or maintenance of state

highways.

24. Have power, whenever such commissioner of transportation deems it

is necessary as a result of work of construction, reconstruction or

maintenance of state highways, to provide at the expense of the state

for the removal, relocation, replacement and reconstruction of water

mains, sewer pipes, communication systems, fire alarm systems, street

lighting, traffic control systems and any other similar facilities that

are owned by any municipality and are maintained for public use and to

participate in the expense of the removal, relocation, replacement and

reconstruction of all other types of facilities or parts thereof that

are owned by any municipality and are maintained for public use, the

state's share of such expense not to exceed the appraised value of such

facilities or parts thereof, as the case may be, as determined by the

commissioner of transportation. However, in connection with any

federally funded highway project, the commissioner of transportation may

agree to pay an amount not to exceed the state's share, based on its

proportionate share of the cost of the entire highway project, of the

functional replacement cost of any of the aforesaid facilities owned by

any municipal corporation, school district, board of cooperative

educational services, public benefit corporation or any other state or

municipal governmental agency where the federal government agrees to pay

its share of such functional replacement cost, which shall be based on

its proportionate share of the cost of the entire project. If such work

requires additional property or if it is necessary that the relocation

of such facilities be made to other property, he may acquire such

property as may be necessary for the purposes of this subdivision, in

the same manner as other property is acquired for state highway purposes

pursuant to this chapter, and he may enter into a written agreement with

the municipality involved to convey such property as deemed necessary

for the purposes of this subdivision to such municipality on terms

beneficial to the state. The expense of such removal, relocation,

replacement and reconstruction or the state's share thereof, as the case

may be, shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways, and such

work may be performed by contract in the same manner as provided for

state highways in article three of this chapter, or, by the use of

departmental forces and equipment and of materials purchased therefor.

However, if the commissioner of transportation deems it to be in the

interest of the public, he may contract with the municipality, upon such

terms as he may deem advantageous to the state, to have such work

performed (a) by the employment of the forces and the use of the

equipment of such municipality and by the use of any material on hand or

necessary to be purchased by such municipality or (b) by such other

method as such commissioner of transportation shall approve or (c) by a

combination of the methods provided in this subdivision. Any such

municipality is hereby authorized to enter into such contract for the

purposes of this subdivision. In all cases pursuant to this section

where the state is to pay part of the expense of removal, relocation,

replacement and reconstruction of any facilities that are municipally

owned and that are maintained for public use, the commissioner of

transportation, if he deems it in the best interest of the state, may

offer to remove, relocate, replace or reconstruct such facilities and

may prepare plans, specifications and estimates of cost of such

projects, together with an estimate of the share of the expense to be

borne by the municipality, which shall be submitted to the governing

board of such municipality. If the municipality approves such plans,

specifications and estimates of cost and share of the expense, it shall

by resolution appropriate the funds necessary to pay its share of the

expense. A certified copy of the resolution shall be filed with the

commissioner of transportation and with the state comptroller and the

funds shall, prior to the award of a contract, be deposited by the

municipality with the state comptroller subject to the draft or

requisition of the commissioner of transportation. Upon the completion

and acceptance of the work such facilities shall be maintained by the

municipality. As used in this subdivision, the term "municipality" shall

include a public water authority.

24-a. Have power, whenever such commissioner of transportation deems

it is necessary as a result of work of construction, reconstruction or

maintenance of state highways to provide for the removal, relocation,

replacement and reconstruction of any facilities of the United States

government. The expense of such removal, relocation, replacement and

reconstruction shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways, and such

work may be performed by contract in the same manner as provided for

state highways in article three of this chapter, or by the use of

departmental forces and equipment and of materials purchased therefor.

Upon the completion and acceptance of the work done pursuant to this

subdivision such facilities shall be maintained by the United States

government.

24-b. Have power, whenever such commissioner of transportation deems

it is necessary as a result of work of construction, reconstruction or

maintenance of state highways, to provide for the removal, relocation,

replacement or reconstruction of privately, publicly or cooperatively

owned water, storm and sewer lines and facilities, facilities for the

transmission and/or distribution of communications, power, electricity,

light, heat, gas, crude products, steam and other similar commodities,

municipal utility facilities, or facilities of a corporation organized

pursuant to the transportation corporations law that are located on

privately owned property. If such work requires additional property or

if it is necessary that the relocation of such facilities be made to

other property, he may acquire such property as may be necessary for the

purposes of this subdivision, in the same manner as other property is

acquired for state highway purposes pursuant to this chapter, and he and

the owner of such facilities may enter into a written agreement to

convey such property as deemed necessary for the purposes of this

subdivision to such owner on terms beneficial to the state. The expense

of such removal, relocation, replacement or reconstruction and cost of

property acquisition shall be a proper charge against funds available

for the construction, reconstruction or maintenance of state highways.

Except when such facilities are owned by a corporation organized

pursuant to the transportation corporations law, the work of such

removal, relocation, replacement or reconstruction shall be performed by

contract in the same manner as provided for state highways in article

three of this chapter, or, by the use of departmental forces and

equipment and of materials purchased therefor, unless the commissioner

of transportation consents to having the owner of such facilities

provide for the work of such removal, relocation, replacement or

reconstruction. In the case where such facilities are owned by a

corporation organized pursuant to the transportation corporations law,

the work of such removal, relocation, replacement or reconstruction

shall be provided for by such corporation unless it consents to having

the commissioner of transportation provide for such work to be performed

by contract, in accordance with specifications provided by such

corporation, in the same manner as provided for state highways in

article three of this chapter, or, by the use of departmental forces and

equipment and of materials purchased therefor. Upon the completion of

the work, such facilities shall be maintained by the owners thereof.

In the event that the commissioner of transportation, in connection

with the work of construction, reconstruction or maintenance of state

highways, encounters such facilities, other than facilities owned by a

corporation organized pursuant to the transportation corporations law or

operating as a transportation corporation that are located within the

highway right-of-way, he may provide for the removal, relocation,

replacement or reconstruction of such facilities as he deems it

necessary. To the extent the commissioner determines it equitable, the

expense of such removal, relocation, replacement or reconstruction shall

be a proper charge against funds available for the construction,

reconstruction or maintenance of state highways pursuant to the

provisions of this subdivision, and such work shall be performed by

contract in the same manner as provided for state highways in article

three of this chapter, or, by the use of departmental forces and

equipment and of materials purchased therefor, unless the commissioner

of transportation consents to having the owner of such facilities

provide for the work of such removal, relocation, replacement or

reconstruction. In the event that the commissioner of transportation

determines prior to undertaking such removal, relocation, replacement or

reconstruction that the owner of such facilities is responsible for all

or any portion of such expense he shall enter into a written agreement

with such owner, for the purpose of providing funding, and the deposit

with the state comptroller of such funds as are determined by the

commissioner to be sufficient to provide for such owner's share of the

expenses. The state comptroller is authorized to receive and accept such

funds subject to a draft or requisition from the commissioner of

transportation. If the funds deposited with the state comptroller are

subsequently determined by the commissioner to be insufficient to meet

such owner's share, the owner shall in every case be responsible for any

balance due. When such work has been completed, the commissioner of

transportation shall render an accounting to the owner, and any surplus

moneys shall be paid to such owner, without interest, on the warrant of

the comptroller on vouchers therefor approved by the commissioner of

transportation. Upon completion of the work, such facilities shall be

maintained by the owners thereof.

In the event that the commissioner of transportation, in connection

with the work of construction, reconstruction or maintenance of state

highways, encounters such facilities of a corporation organized pursuant

to the transportation corporations law or operating as a transportation

corporation that are located within the highway right-of-way, he shall

provide compensation for the fair and reasonable cost of the removal,

relocation, replacement or reconstruction of such facilities provided

the following conditions are met:

(a) the project for which such facilities are to be removed, relocated

or replaced or reconstructed must be federally funded and the cost of

such removal, relocation, replacement or reconstruction are a part of

the approved project cost by the appropriate federal authorities; and

(b) such compensation shall be provided only: (i) for the interstate

category of projects; and (ii) for the other categories of projects only

when a specific appropriation has been made for such purpose; and

(c) for those categories for which compensation is provided the

commissioner of transportation shall reimburse the corporation at a rate

not less than the rate of reimbursement as the state shall receive from

the federal government; and

(d) such corporation enters into an agreement with the commissioner of

transportation in connection with undertaking the work of removal,

relocation, replacement or reconstruction which shall specify the amount

or the basis of compensation that is to be provided toward the fair and

reasonable cost of such removal, relocation, replacement or

reconstruction.

The fair and reasonable cost of such removal, relocation, replacement

or reconstruction shall mean the amount paid by such a corporation

properly attributable to the work of such removal, relocation,

replacement or reconstruction of such facilities after deducting

therefrom any betterment incorporated into the new facilities plus the

salvage value and depreciation from the old facility determined by the

established methods utilized by the state. Nothing in this subdivision

shall be construed to grant to the owner of such private facilities

within the highway right-of-way any greater or new rights, other than as

provided herein, to compensation for removals, relocations, replacements

or reconstructions of such facilities in connection with work of

construction, reconstruction or maintenance of state highways that

existed prior to the effective date of the amendment to this subdivision

and compensation to be paid hereunder is strictly limited as provided

herein.

24-c. Have power, whenever such commissioner of transportation deems

it necessary as a result of work of construction, reconstruction,

improvement or maintenance of state highways, including the separation

of highway-railroad crossings, pursuant to this chapter, and the

construction or reconstruction of highway-railroad crossings at grade,

to provide for the removal, relocation, replacement, alteration and

reconstruction of railroad facilities normally used for the maintenance

and operation of the railroad and including tracks, signals,

communication lines, electrical lines, sewer lines, water lines,

buildings, structures and their appurtenances. Such removal, relocation,

replacement, alteration or reconstruction of facilities may be performed

on property of the railroad company. If such work requires additional

property or if it is necessary that the consequential relocation of such

facilities be made to other property, he may acquire such property as

may be necessary for the purposes of this subdivision, in the same

manner as other property is acquired for state highway purposes pursuant

to this chapter, and he may enter into a written agreement with the

owner of the railroad lands to convey such property as deemed necessary

for the purposes of this subdivision to such owner on terms beneficial

to the state. The expense of such removal, relocation, replacement,

alteration or reconstruction and right of way acquisition shall be a

proper charge against funds available for the construction,

reconstruction, improvement or maintenance of state highways, and such

work may be performend by contract in the same manner as provided for

state highways in article three of this chapter, or, by the use of

departmental forces and equipment and of materials purchased therefor.

However, if the commissioner of transportation deems it to be in the

interest of the public, he may contract with the railroad, upon such

terms as he may deem advantageous to the state, to have such work

performed (a) by the employment of the forces and the use of the

equipment of such railroad and by the use of any material on hand or

necessary to be purchased by such railroad or (b) by such other method

as such commissioner of transportation shall approve or (c) by a

combination of the methods provided in this subdivision. In the event

that the commissioner of transportation and the railroad are unable to

agree upon the terms of such contract, the commissioner shall notify the

railroad, in writing, of his intent to issue an order directing the

railroad to have such work performed as required of its forces and to

permit entry upon railroad lands of employees and agents of the

department of transportation in order to perform such work as the

commissioner of transportation shall deem necessary. The railroad shall

have thirty days after the receipt of such notification in which it may

request a hearing before the commissioner of transportation. The

commissioner of transportation shall give the railroad notice of not

less than ten days of the time and place scheduled for such hearing. If

a hearing is not requested or if, after such hearing is held, agreement

between the parties is not reached, the commissioner of transportation

may issue such order directing the railroad to have such work performed.

Such order shall require the railroad to submit an estimate of the cost

of work required of its forces including the material necessary to

perform such work, which cost, subject to the approval of the

commissioner of transportation, shall be reimbursed by the state in

accordance with the terms of such order. Such order shall also include

terms protecting the railroad in the safe and uninterrupted maintenance

and operation of said railroad during the performance of any work on

railroad lands by employees and agents of the department of

transportation, if their entry upon railraod lands for such work is

deemed necessary by the commissioner of transportation as hereinabove

provided. Upon the completion and acceptance of the work such facilities

shall be owned and maintained by the railroad.

24-d. Have power, whenever such commissioner of transportation deems

it is necessary as a result of work of construction, reconstruction or

maintenance of state highways, to provide for the re-establishment of

private access to a public road where such access is destroyed by

acquisition of right of way for the project. If such re-establishment of

private access requires additional property or if it is necessary that

such re-establishment of private access be made to other property, he

may acquire such property as may be necessary for the purposes of this

subdivision, in the same manner as other property is acquired for state

highway purposes pursuant to this chapter, and he may enter into a

written agreement with the owner of such private access to convey such

property as deemed necessary for the purposes of this subdivision to

such owner on terms beneficial to the state. The expense of such

re-establishment of private access shall be a proper charge against

funds available for the construction, reconstruction or maintenance of

state highways, and such work may be performed by contract in the same

manner as provided for state highways in article three of this chapter,

or, by the use of departmental forces and equipment and of materials

purchased therefor, or by a combination of such methods. Upon the

completion of the work, such re-established private access shall be

maintained by the owners thereof.

25. Have power to combine, connect, alter, relocate, terminate, and

pave intersecting highways, roads or streets and to provide drainage

therefor; to divert traffic from an existing highway, road or street to

an existing or a new highway, road or street, and to provide, when he

deems it to be in the interest of public safety, for a suitable

structure or structures across highways to accommodate at an adjusted

grade the continuity of such highways, roads or streets by an under-pass

or over-pass, and to adjust grades and traffic to such structures; to

plan, designate, construct, alter, improve and vacate frontage, marginal

and service roads, in connection with the development of any controlled

access facility; and to acquire such property as may be necessary for

the purposes of this subdivision, in the same manner as other property

is acquired for state highway purposes pursuant to this chapter. The

cost of the work and of the acquisition of property as provided in this

subdivision shall be a proper charge against funds available for the

construction, reconstruction or improvement of state highways. Any such

frontage, marginal or service road or portion of intersecting highway,

road or street upon which such work is completed shall, if not

determined by the commissioner of transportation to be a part of the

state highway system, be maintained by the municipality or the

municipalities in which such frontage, marginal or service road or such

portion of intersecting highway, road or street is located, except that

if the intersecting highway, road or street or the frontage, marginal or

service road is under the jurisdiction of an authority, commission or

other public agency, said portion thereof shall, if not determined by

the commissioner of transportation to be a part of the state highway

system, be maintained as determined jointly by the commissioner of

transportation and the chairman or chief executive officer of the

authority, commission or other public agency.

26. Provide for the separation of highway-railroad crossings and

construction of highway-railroad crossings at grade where in the

construction or reconstruction of any part of the state highway system,

or county roads with federal-aid, or where highways, roads or streets

are combined, connected, altered or relocated pursuant to this section,

an additional crossing of a railroad is made at a place where no highway

grade crossing exists. In the discretion of the commissioner of

transportation, and in connection with the construction or

reconstruction of any part of the state highway system, a structure may

be constructed to eliminate an existing crossing at grade of a railroad

and a state highway or of a railroad and a highway which intersects or

closely parallels a state highway. The commissioner of transportation

may also, in connection with the construction or reconstruction of any

part of the state highway system, or county roads with federal-aid,

provide for the reconstruction of existing highway-railroad separation

structures or highway-railroad crossings at grade on any part of the

state highway system, or on county roads with federal-aid, or on

highways, roads or streets combined, connected, altered, or relocated

pursuant to this section.

The cost of construction or reconstruction of such separation

facilities or grade crossings, including the cost of such crossing

protection as is ordered by the commissioner of transportation, shall be

a proper charge against funds available for the construction or

reconstruction of state highways or county roads.

Notwithstanding the provisions of section ninety-three of the railroad

law, structures hereafter constructed or reconstructed pursuant to this

subdivision to separate the grade of railroads and any part of the state

highway system shall be maintained upon completion as follows: (a) A

structure and its supports which carries railroad tracks over the state

highway shall be maintained and repaired by the operating railroad

corporation or corporations. (b) A structure and its supports which

carries a state highway over railroad tracks shall be maintained and

repaired by the state. This maintenance provision shall not apply to

structures constructed or reconstructed pursuant to section three

hundred forty-b, three hundred forty-d and three hundred forty-nine-c of

this chapter.

26-a. Have power, whenever such commissioner of transportation deems

it to be in the best interest of the state, in connection with work upon

certain bridges for which the maintenance responsibility is divided

between the state and a railroad corporation, where such work is

authorized pursuant to this chapter or the transportation law and upon

the request of the railroad corporation, to provide for the

reconstruction, repair or alteration of bridge structures, bridge

supports, bridge approaches or any other bridge parts which are the

maintenance responsibility of such railroad corporation. The expense of

such reconstruction, repair or alteration shall be borne entirely by the

railroad corporation except so much thereof as would constitute

compensable damages under any provision of law. Whenever the

commissioner of transportation shall approve such a request of a

railroad corporation, he shall, with the assistance of such railroad

corporation, make an estimate of the cost of the work which he is

requested to perform in accordance with plans and specifications

submitted to him by the railroad corporation. Such railroad corporation

shall thereupon deposit with the state comptroller, who is authorized to

receive and accept the same for the purposes of this subdivision, a sum

equal to such estimate and subject to the draft or requisition of the

commissioner of transportation. If at any time during the course of the

work the commissioner of transportation deems the sum submitted by the

railroad corporation to be insufficient to meet anticipated costs of the

work, he shall notify the railroad corporation of such anticipated

deficiency, whereupon the railroad corporation shall deposit with the

state comptroller, who is authorized to receive and accept the same

subject to the draft or requisition of the commissioner of

transportation, such additional sum as is deemed necessary by the

commissioner of transportation to meet anticipated costs. When the work

authorized by this subdivision has been completed the commissioner of

transportation shall render to the railroad corporation an itemized

statement showing in full (a) the amount of money that has been

deposited by such railroad corporation with the state comptroller as

hereinbefore provided, and (b) all disbursements made pursuant to this

subdivision including a proportionate charge for engineering. Any

surplus money shall be paid to such railroad corporation, without

interest, on the warrant of the comptroller on vouchers therefor

approved by the commissioner of transportation.

26-b. Have power, whenever the commissioner of transportation deems it

in the best interests of the state to do so and with the written

permission of the railroad corporation charged with the responsibility

for maintaining such structure, in connection with construction,

reconstruction or maintenance of state highways, to provide for the

removal and disposition, on terms beneficial to the state, of

highway-railroad grade separation structures which are no longer used or

useful for railroad purposes.

27. Have power, upon the request of a municipality, to perform for and

at the expense of such municipality, any work of construction or

reconstruction, including the removal and relocation of facilities,

provided the commissioner of transportation deems it practicable to

perform such work for such municipality in connection with the

performance of any work of construction, reconstruction or improvement

under the provisions of this chapter. Whenever the commissioner of

transportation shall approve such a request of a municipality, he shall

make an estimate of the cost of the work which he is requested by such

municipality to perform in accordance with plans and specifications

submitted to him by such municipality, which cost estimates, plans and

specifications shall be approved by the municipality in writing before

the commissioner of transportation shall proceed with any such municipal

work. Such municipality shall thereupon deposit with the state

comptroller, who is authorized to receive and accept the same for the

purposes of this subdivision, a sum equal to such estimate and subject

to the draft or requisition of the commissioner of transportation.

Provided, however, that nothing contained in this subdivision shall be

construed to prevent the commissioner of transportation from proceeding

with the state work, incorporating the work requested by the

municipality in accordance with cost estimates, plans and specifications

approved by such municipality, if he determines it to be necessary and

in the best interest of the state to do so. When the work authorized by

this subdivision has been completed and the cost thereof shall have been

paid by the state, the commissioner of transportation shall render to

the governing body of such municipality an itemized statement showing in

full (a) the amount of money that has been deposited by such

municipality with the state comptroller as hereinbefore provided, and

(b) all disbursements made pursuant to this subdivision. Any surplus

money shall be paid to such municipality on the warrant of the

comptroller on vouchers therefor approved by the commissioner of

transportation. In the event, upon the completion of the work authorized

by this subdivision, it is determined by the commissioner of

transportation that the amount of the cost to be borne by a municipality

is in excess of the amount deposited by such municipality with the state

comptroller, then, in such event, such municipality shall within ninety

days of the receipt of the notice from the commissioner of

transportation of the amount of the deficiency required to fully

compensate the state for the municipality's cost of such work, pay such

amount to the state comptroller. As used in this subdivision, the term

"municipality" shall include a public benefit corporation.

28. Notwithstanding any other provisions of this chapter or any other

law, the commissioner of transportation is authorized to use either

exclusively for, or in conjunction with, for state purposes as set forth

in this chapter any state owned property under his jurisdiction acquired

for other public purposes. Transfer of such use shall be effected by an

official order of the commissioner of transportation to be filed in the

offices of the department of transportation and of the department of

state, accompanied by a description and map of such property as

prescribed by an applicable section of this chapter. When the use is to

be exclusively for the state purposes as set forth in this chapter then

upon such filing of the description, map and official order of transfer

of use, the property shall be used and maintained for the state purposes

as set forth in this chapter and be governed as though the said property

was acquired pursuant to the provisions of this chapter. When dual use

is to be made of such property for the state purposes as set forth in

this chapter and other public purposes by the state, the official order

of transfer shall so certify, and upon such filing of the description,

map and official order of transfer, the property shall be used and

maintained for such dual purposes, and shall be governed either by this

chapter or the law under which jurisdiction was acquired by the

commissioner of transportation or both as determined by the commissioner

of transportation and as will best effectuate the said dual use of such

property. The provisions of this subdivision shall not apply to any

property, the use of which is restricted by the state constitution.

29. The commissioner of transportation, subject to the approval of the

division of the budget, is hereby authorized to enter into cooperative

agreements with municipalities or municipal urban renewal agencies

established and organized pursuant to article fifteen-a of the general

municipal law relating to the acquisition and clearance of property

deemed necessary for the effectuation of any of the purposes of this

chapter which lies within or immediately adjacent to an urban renewal

area, as defined in the general municipal law, in such municipalities

and to the equitable sharing of the costs of such acquisition and

clearance. When the acquisition of such property as is deemed necessary

for highway purposes would result in consequential damages to the

owner's remaining property and all or a portion of such remaining

property lies within an urban renewal area in a municipality, the

commissioner of transportation may acquire such remaining property and

transfer the same to the municipality or municipal urban renewal agency

upon payment by the municipality or such municipal urban renewal agency

to the state, pursuant to the terms of a cooperative agreement as here

in authorized, of an equitable share of the cost of the acquisition of

such property and the clearance thereof where such clearance is deemed

necessary or appropriate by the commissioner. Such cooperative

agreements may also provide for the acquisition and clearance of such

property, necessary for highway purposes, by the municipality or

municipal urban renewal agency and the transfer thereof to the state

upon payment by the state to the municipality or municipal urban renewal

agency of an equitable share of the cost of such acquisition, and

clearance if any.

29-a. The commissioner of transportation, subject to the approval of

the division of the budget, is hereby authorized to enter into

agreements with the Kingston urban renewal agency as defined in article

fifteen-a of the general municipal law relating to the clearance and

transfer of property owned by the Kingston urban renewal agency deemed

necessary for the effectuation of any of the purposes of this chapter

which lies within the Kingston urban renewal area. When the acquisition

of such property owned by the Kingston urban renewal agency, deemed

necessary for highway purposes, would result in consequential damages to

the remaining property owned by the Kingston urban renewal agency, the

commissioner of transportation may acquire such remaining property from

the Kingston urban renewal agency and transfer the same to the

municipality upon payment by the municipality to the state. Such

agreements may also provide for the clearance of such property,

necessary for highway purposes, by the Kingston urban renewal agency and

the transfer thereof to the state upon payment by the state to the

Kingston urban renewal agency of an equitable share of the cost of such

clearance.

29-b. The commissioner of transportation, subject to the approval of

the division of the budget, is hereby authorized to enter into

cooperative agreements with the official authorized by the governing

body of the city of Yonkers, relating to the acquisition and clearance

of property deemed necessary for the effectuation of any of the purposes

of this chapter which lies within or immediately adjacent to a

development area, as defined herein, within the city of Yonkers and the

equitable sharing of the costs of such acquisition and clearance. When

the acquisition of such property as is deemed necessary for highway

purposes would result in consequential damages to the owner's remaining

property and all or a portion of such remaining property lies within a

development area in the city of Yonkers, the commissioner of

transportation may acquire such remaining property and transfer the same

to the city of Yonkers upon payment by such city to the state, pursuant

to the terms of a cooperative agreement as herein authorized, of an

equitable share of the cost of the acquisition of such property and the

clearance thereof where such clearance is deemed necessary or

appropriate by the commissioner. Such cooperative agreements may also

provide for the acquisition and clearance of such property, necessary

for highway purposes, by the city of Yonkers and the transfer thereof to

the state upon payment by the state to such city of an equitable share

of the cost of such acquisition, and clearance if any. As used in this

subdivision the term "development area" shall mean an area adjacent to a

state highway facility in the city of Yonkers which has been designated

as such by the governing body of the city of Yonkers, on its own

initiative, upon a finding that such area is appropriate for development

and that it is in the public interest for the city to control

development thereof in conjunction with the state highway facility.

30. Have power, on behalf and in the name of the state, whenever he

deems it to be necessary and in the best interests of the state, to

enter into cooperative contracts with any adjoining state, commonwealth,

nation, province, or any agency of the government of the United States

for data collection, studies, design, construction, reconstruction and

maintenance of state highway connections, including, but not limited to,

border crossing facilities, within any such adjoining state,

commonwealth, nation or province notwithstanding the provisions of any

general, special or local law to the contrary; provided, however, that

before any such contract shall take effect, it shall be approved by the

governor and attorney general and thereafter approved by the state

comptroller and filed in his or her office; and further provided, that

such contract shall provide for the manner in which the costs are to be

borne, including, but not limited to, the cost of data collection,

studies, design, surveys, the preparation of plans and specifications,

the acquisition of real property required for rights of way,

construction, reconstruction and maintenance of such highway connections

and bridges thereon and of approaches thereto, and border crossing

facilities, and such other costs incidental thereto. In no event,

however, shall such contract require any fixed annual payment or subsidy

by the state of New York to any adjoining state, commonwealth, nation or

province for the maintenance or repair of any such highway connection

lying outside of the state of New York. The costs incurred by the state

pursuant to any such cooperative contracts as authorized herein shall be

payable from appropriations made to the department for the planning,

construction, reconstruction and improvement of state highways, with or

without federal aid.

31. Cause signs to be erected and maintained designating the point of

intersection of each state highway with the "Appalachian Trail".

32. Have power, upon the request of a county, city, town or village,

whenever such commissioner deems an existing state highway or portion

thereof lying within such municipality to be no longer needed or useful

to the state highway system, to enter into an agreement with the

appropriate authorities of such municipality to abandon by an official

order to such municipality such highway or portion thereof. Upon the

filing of certified copies of such official order with the county clerk,

the county board of supervisors or county legislative body and the

county finance officer of the county in which such municipality lies,

the clerk of such municipality, the appropriate officer of such

municipality having general direction and supervision of the public

highways thereof and the state comptroller, the state shall cease to

maintain such highway or portion thereof and all the rights and

obligations of the state therein shall be turned over and surrendered to

such municipality and such highway or portion thereof shall thereafter

be maintained as a part of the highway or road system of such

municipality.

33. Have power, whenever such commissioner of transportation deems it

to be in the best interest of the state and necessary, as a result of

work authorized pursuant to this chapter, the transportation law or

chapter six hundred seventy-eight of the laws of nineteen hundred

twenty-eight, as amended, constituting the grade crossing elimination

act, and upon the request of a public utility corporation, to provide

for the removal, relocation, replacement or reconstruction of pipes,

mains, wires, poles, lights, and other similar facilities of such

utility corporation. The expense of such removal, relocation,

replacement or reconstruction shall be borne entirely by the utility

corporation except so much thereof as would constitute compensable

damages under any provision of law. Whenever the commissioner of

transportation shall approve such a request of a public utility

corporation, he shall, with the assistance of such utility corporation,

make an estimate of the cost of the work which he is requested to

perform in accordance with plans and specifications submitted to him by

such utility corporation. Such utility corporation shall thereupon

deposit with the state comptroller, who is authorized to receive and

accept the same for the purposes of this subdivision, a sum equal to

such estimate and subject to the draft or requisition of the

commissioner of transportation. If at any time during the course of the

work the commissioner of transportation deems the sum submitted by the

utility corporation to be insufficient to meet anticipated costs of the

work, he shall notify the utility corporation of such anticipated

deficiency, whereupon the utility company shall deposit with the state

comptroller, who is authorized to receive and accept the same subject to

the draft or requisition of the commissioner of transportation, such

additional sum as is deemed necessary by the commissioner of

transportation to meet anticipated costs. When the work authorized by

this subdivision has been completed the commissioner of transportation

shall render to the utility corporation an itemized statement showing in

full (a) the amount of money that has been deposited by such utility

company with the state comptroller as hereinbefore provided, and (b) all

disbursements made pursuant to this subdivision including a

proportionate charge for engineering. Any surplus money shall be paid to

such utility company, without interest, on the warrant of the

comptroller on vouchers therefor approved by the commissioner of

transportation.

34. Have power to utilize federal aid to undertake the federal traffic

operations program to increase capacity and safety on existing street

and highway systems in urban areas. Before any project under such

program is commenced, the city or municipality in which the improvement

is to be made shall consent to and approve of the project. If such

project requires additional property, the commissioner of transportation

may acquire such property as may be necessary for the purposes of this

subdivision, in the same manner as other property is acquired for state

highway purposes pursuant to this chapter, and he may enter into a

written agreement with the municipality involved to convey such property

as deemed necessary for the purposes of this subdivision to such

municipality on terms beneficial to the state. The cost of the

acquisition of additional property as provided in this subdivision shall

be a proper charge against funds available for the project. If such

project requires the removal, relocation, replacement, alteration or

reconstruction of railroad facilities normally used for the maintenance

and operation of the railroad, and including tracks, signals,

communication lines, electrical lines, sewer lines, water lines,

buildings, structures and their appurtenances, he may arrange through

the railroad for the performance of such removal, relocation,

replacement, alteration or reconstruction of such facilities as he may

deem necessary. Such removal, relocation, replacement, alteration or

reconstruction of facilities may be performed on property of the

railroad company. If such work requires additional property or if it is

necessary that the consequential relocation of such facilities be made

to other property, he may acquire such property as may be necessary for

the purposes of this subdivision, in the same manner as other property

is acquired for state highway purposes pursuant to this chapter, and he

may enter into a written agreement with the owner of the railroad lands

to convey such property as deemed necessary for the purposes of this

subdivision to such owner on terms beneficial to the state. The expense

of such removal, relocation, replacement, alteration or reconstruction

of the railroad facilities and any right of way acquisition therefor

shall be a proper charge against funds available for the project and

such work may be performed by contract in the same manner as provided

for state highways in article three of this chapter, or, by the use of

departmental forces and equipment and of materials purchased therefor.

However, if the commissioner of transportation deems it to be in the

interest of the public, he may contract with the railroad, upon such

terms as he may deem advantageous to the state, to have such work

performed (a) by the employment of the forces and the use of the

equipment of such railroad and by the use of any material on hand or

necessary to be purchased by such railroad or (b) by such other method

as the commissioner of transportation shall approve or (c) by a

combination of the methods provided in this subdivision, and upon

completion and acceptance of the work, such facilities shall be owned

and maintained by the railroad. The commissioner and the city or

municipality in which the improvement is to be made are authorized to

enter into any necessary agreements to carry out such projects in

accordance with the federal standards and criteria.

34-a. Have power to utilize federal aid to undertake federal aid

programs available for highways and bridges not on the state highway

system. Before any project under any such program is commenced, the

governing body of the county, city, town or village which has

jurisdiction of the highway or bridge and in which the project is to be

undertaken shall consent to and approve of such project. If any project

under any such program requires additional property, the commissioner

may, at the request of the governing body of the municipality having

jurisdiction of the highway or bridge acquire such property as may be

necessary for the purposes of this subdivision, in the same manner as

other property is acquired for state highway purposes pursuant to this

chapter and the eminent domain procedure law. Whenever the commissioner

determines that such project requires additional property, he shall make

an estimate of the cost of the property acquisition, in addition to an

estimate of the cost of constructing the project, and submit such

estimate to the municipality. The cost estimates shall be approved by

the municipality in writing in the form of a resolution of the

legislative body of the municipality authorizing participation in the

cost of such acquisition and such construction to the extent of the

amount of the estimated cost to be borne by the municipality. Such

resolution shall also authorize the municipality to deposit a sum equal

to the municipal share of the estimated costs with the state

comptroller. The commissioner shall not proceed with any such

acquisition until the municipality has deposited with the state

comptroller, who is authorized to receive and accept the same for the

purposes of this subdivision, a sum equal to the amount of such estimate

of the cost of acquisition to be borne by the municipality and subject

to the draft or requisition of the commissioner. Before the commissioner

shall proceed with the construction of such project, such municipality

shall deposit with the state comptroller, who is authorized to receive

and accept the same for the purposes of this subdivision, a sum equal to

the remainder of the amount of the estimated cost to be borne by the

municipality. When the work authorized by this subdivision has been

completed and the cost thereof has been paid by the state, the

commissioner shall render to the governing body of such municipality an

itemized statement in accordance with section eighty-b of this chapter.

The commissioner may enter into a written agreement with the

municipality involved to convey such property as deemed necessary for

the purposes of this subdivision to such municipality on terms

beneficial to the state. The cost of the acquisition of additional

property as provided in this subdivision shall be a proper charge

against funds available for the project. The commissioner and the

municipality in which any such project is to be undertaken are

authorized to enter into any necessary agreements to carry out such

projects in accordance with federal standards and criteria.

34-b. Have power, on behalf and in the name of the state, whenever he

deems it necessary and in the best interests of the state, to enter into

cooperative agreements with any one or several municipalities within the

state for the operation and maintenance of computerized traffic control

signal systems extending through, among or between such municipalities,

portions of which systems may be on local roads and portions of which

systems may be on the state highway system, notwithstanding the

provisions of any general, special or local law to the contrary. Such

agreements shall provide for the manner in which the work of the

operation and maintenance of such computerized traffic control signal

systems shall be performed, including but not limited to, the

authorization for the forces or agents of a municipality to perform such

work on the state highway system for the best overall efficient

operation and maintenance of the entire system. Such agreements shall

also provide for the manner in which the costs of the operation and

maintenance of such computerized traffic control signal systems shall be

borne including but not limited to, the cost of materials, equipment and

labor necessary for the operation and maintenance of such systems and

such other costs incidental thereto. The costs incurred by the state

pursuant to any such cooperative agreements as authorized herein shall

be payable from appropriations made to the department of transportation

for the operation, and/or maintenance of state highways, with or without

federal aid. Such operation and maintenance work to be performed in

accordance with the agreements contemplated herein may be performed (a)

by contract pursuant to state law applicable to the state or to the

municipality letting the contract, or (b) by the use of department

forces with equipment and materials purchased therefor, or (c) by the

use of the forces of any one or several of the municipalities through

which such computerized traffic signal systems extend, with the use of

the equipment of such municipality and by the use of any material on

hand or necessary to be purchased by any such municipality therefor, or

(d) by such other method as the commissioner of transportation shall

approve or (e) by a combination of such methods. Any such municipality

is hereby authorized to enter into all necessary agreements and

contracts for the purposes of this subdivision, in accordance with state

and/or federal standards and criteria.

35. Have power, subject to the approval of the director of the budget,

whenever the commissioner deems it to be in the best interest of the

state in connection with an authorized or anticipated state highway

construction, reconstruction or maintenance project and in conjunction

with an authorized or anticipated city, county, town, village or public

authority public work project, and ancillary thereto, to enter into

agreements with cities, counties, towns, villages or public authorities

for the performance by or on behalf of any such city, county, town,

village or public authority of any work connected with or necessitated

by such authorized or anticipated construction, reconstruction or

maintenance of any part of the state highway system located within the

jurisdiction of such city, county, town, village or public authority and

to make payments to any such city, county, town, village or public

authority on account of such work notwithstanding the provisions of any

general, special or local law to the contrary. The costs incurred by the

state pursuant to any such agreements with cities, counties, towns,

villages, or public authorities as authorized herein shall be payable

from appropriations made to the department of transportation for the

construction, reconstruction and maintenance of state highways with or

without federal aid, and the work authorized herein may be performed by

contract in the same manner as provided in article five-A of the general

municipal law or in the case of public authorities, as provided in the

public authorities law. Any such city, county, town, village or public

authority is hereby authorized to enter into agreements with the

commissioner of transportation for the purposes of this subdivision.

36. Have power to acquire property, in the same manner as other

property is acquired for state highway purposes pursuant to this

chapter, for the purpose of parking facilities and appurtenances thereto

at or adjacent to transportation interfaces and connections to such

facilities.

37. Have power, whenever such commissioner of transportation deems it

feasible and in the best interests of the state upon the request of the

head of a state department, agency, institution or public benefit

corporation to construct access or branch connections from any state

highway to any highway or roadway system of any facility of such state

department, agency, institution or public benefit corporation. Before

undertaking such construction, the commissioner and the head of the

state department, agency, institution or public benefit corporation

shall enter into a written agreement, subject to the approval of the

director of the budget, providing the funds therefor, or reimbursement

by such state department, agency, institution or public benefit

corporation of the funds therefor, including all costs incurred by the

department in connection with such construction. Where such access or

branch connections are to be made to a highway or roadway system of any

facility of either the state university of New York or the state

university construction fund, both the state university of New York and

the state university construction fund shall be parties to such

agreement. If such access or branch connection is not determined by the

commissioner of transportation to be a part of the state highway system,

it shall be maintained as determined jointly by the commissioner and the

head of such state department, agency, institution or public benefit

corporation.

38. Have power, whenever such commissioner of transportation deems it

to be in the best interests of the state, to sell or lease to the

highest responsible bidder furnishing the required security after

advertisement for sealed bids has been published in a newspaper or

newspapers designated for such purpose, for a term not to exceed

ninety-nine years, property rights in air space, unused surface or

subsurface space in connection with any state-owned property under his

jurisdiction or other property acquired for state highway purposes. The

terms of said sale or lease shall be determined by the commissioner and

shall be subject to approval by the director of the budget. In order to

carry any such sale or lease into effect, the commissioner is hereby

authorized to execute and deliver, in the name of the people of the

state, a quitclaim of or lease to such property rights in the air space

and/or subsurface space. Each such instrument of conveyance or lease

shall be prepared by the attorney general and prior to delivery of

possession of the subject property rights in air space, unused surface

and/or subsurface space shall be approved by him as to form and manner

of execution. No such sale or lease by the commissioner shall deprive an

abutting landowner of his right of access. The development of any

property interest granted pursuant to this subdivision shall be subject

to the zoning regulations and ordinances of the municipality in which

said property is located and to the support, protection or relocation of

any public utility facilities within the right of way of any highways

within said property at the sole cost and expense of the grantee, lessee

or developer. The provisions of this subdivision shall not apply to any

property, the use of which is restricted by the state constitution.

39. Have power to acquire property, in the same manner as other

property is acquired for state highway purposes pursuant to this

chapter, adjacent to or in the vicinity of the right of way on any state

or federal-aid highway system, or public transportation system or

installation outside a central business district, and to construct

publicly owned parking facilities and appurtenances thereon or within

such right of way, including connections to such facilities, and,

subject to the rights of utility companies to install and maintain their

facilities within the highway right of way, provide for the use of the

air space above and below the established grade line of the highway

pavement, to serve an urban area. Such parking facility and

appurtenances shall be located and designed to permit their use in

conjunction with existing or planned public transportation systems or

installations. Before undertaking any such facility the commissioner

shall first obtain the approval of the governing body of the

municipality in which such facility is to be constructed. In cities

having a population of a million or more, the approval of the city

council must also be obtained. The commissioner of transportation may

provide for the operation and maintenance in whole or in part of any

such parking facility and appurtenances by any person, firm,

corporation, public authority, municipality, or state department or

agency, and may enter into any agreement or contract and establish the

terms and conditions of such agreement or contract as he deems necessary

to facilitate such operation and maintenance. In the event fees are

charged for the use of any such facility, the rate thereof, or the

manner of establishing the rate thereof, shall be set forth in such

agreement or contract. The municipality in which the improvement is

constructed is authorized to enter into any such agreement or contract

with the commissioner of transportation to carry out such projects in

accordance with state and/or federal standards and criteria. The

proportion of the total cost of work performed on any project pursuant

to this subdivision, in addition to any or all elements thereof that are

not subject to federal aid, which shall be borne by the state of New

York and charged against funds available for the construction,

reconstruction or maintenance of state highways shall be the difference

between the funds contributed for such work by the federal government

and the actual cost thereof less any amount which may be provided by any

municipality, person, firm, corporation or public benefit corporation in

accordance with any provision of law.

40. Have power whenever the commissioner of transportation determines

that it is in the best interest of the state, considering safety,

over-all economy of providing transportation services, and effect on the

flow of vehicular traffic along a state highway traversing a

municipality to eliminate parking within the right of way of such

highway, and upon the determination of the commissioner to acquire

property and to construct thereon any parking facilities and

appurtenances, including connections thereto, which he may deem

necessary in order to facilitate the purposes of this subdivision. He

may provide for state maintenance of facilities and appurtenances if he

determines such maintenance to be desirable. If the commissioner

determines that parking facilities and appurtenances are justified and

necessary and in the best interest of the state he may submit to the

governing body of the appropriate municipality a proposal to provide

such facilities. Before undertaking any such facility he shall first

obtain the approval of the governing body of the municipality involved.

In cities having a population of a million or more, the approval of the

city council must also be obtained. The commissioner may as a condition

to undertaking any such facility and prior to the acquisition of any

property or the commencement of any work for same by the commissioner,

require the municipality to assume all the rights and obligations for

the operation, maintenance and control of said parking facility and

appurtenances. Acquisition of the property for the purposes of this

subdivision shall be in the same manner as other property is acquired

for state highway purposes pursuant to this chapter. The expense of such

property acquisition, construction and any state maintenance of such

parking facilities and appurtenances, including connections to such

facilities, shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways. The

commissioner of transportation is authorized, with the approval of the

director of the budget, to sell, lease or otherwise dispose of any real

property acquired or improved pursuant to this subdivision upon terms

which he has determined to be in the best interest of the state. Any

such disposition, however, shall provide for the assumption by the

grantee of all the rights and obligations for the operation, maintenance

and control of said parking facilities and appurtenances.

41. Have power, in connection with a department construction project

undertaken with federal aid, whenever the commissioner determines that

it is in the best interest of the state considering among other factors

the cost and feasibility of other alternatives, to provide for the noise

insulation of publicly owned school buildings which are off the highway

right-of-way. The commissioner may provide for the noise insulation by

entering into an agreement with the appropriate board of education or

school district to provide the capital funds necessary for the design

and construction of such noise insulation to abate highway generated

noise within the school building. The expenses of such noise insulation

shall be charged against funds available to the department for highway

construction.

42. (a) Within ninety days after the effective date of this

subdivision establish a local road classification task force which shall

within two years recommend:

(i) alternative guidelines for classifying town or county roads in

rural areas according to principal uses, traffic volume and such other

criteria as it may deem appropriate;

(ii) for each class of road, the width of driving surfaces and the

guidelines that are necessary to construct or reconstruct such roads and

bridges;

(iii) for each class of road, the guidelines for maintenance that may

be required;

(iv) signs that may be erected to designate each class of road along

with designated speed limits and other applicable guidelines;

(v) guidelines by which local legislative bodies would apply

classifications to specific roads within their jurisdiction; and

(vi) undertake all other acts which are consistent with the purposes

of this subdivision and which, in the opinion of the task force, will

promote the most effective use of the town and county road system in

rural areas.

(b) Members of the task force. The task force shall consist of the

commissioner or his designee, who shall serve as chairman, eleven

persons appointed by the governor, the commissioner of the department of

agriculture and markets or his designee and the Dean of the College of

Agriculture and Life Sciences at Cornell University or his designee. Of

those appointed by the governor, there shall be four town highway

superintendents then in office in rural areas, three county highway

superintendents then in office in rural areas, one official from the

department, and three persons who own or operate a business in rural

areas of this state. In addition, a representative from the federal

highway administration may be invited to serve in an ex-officio

capacity. The commissioner may also invite representatives of town and

county governments to consult with the task force on a regular basis.

Vacancies shall be filled in the same manner as the original

appointments.

(c) Compensation of members. Members of the task force shall receive

no compensation for their services, but shall be reimbursed for their

necessary expenses of up to seventy-five dollars per diem, not to exceed

seven hundred fifty dollars in a given year.

(d) Staff support. The department shall provide staff support to the

task force for organizational support including background research and

report development.

(e) As used in this subdivision the term "rural areas" shall mean any

county of less than two hundred thousand population or any town which

has a population of less than one hundred fifty persons per square mile.

43. Have power, whenever the commissioner finds it is necessary for

the construction or reconstruction of state highways, or transportation

projects under the transportation law, to acquire property to replace

publicly owned park, recreation area, wildlife and waterfowl refuge,

wetland or historic site lands acquired or to be acquired for state

highway or transportation purposes. The commissioner, after consultation

with the public owner of the property to be replaced, the commissioner

of the department of environmental conservation and the commissioner of

the office of parks, recreation and historic preservation, is authorized

to acquire such replacement land of approximate equality in fair market

value, and of reasonably equivalent resource value, usefulness and

location to those lands acquired for highway or transportation purposes.

The commissioner may enter into written agreements to convey property to

the owners of such public lands for the purposes of this subdivision on

terms beneficial to the state. Acquisition of property deemed necessary

for the replacement of such land shall be in the same manner as other

property is acquired for state highway purposes pursuant to this chapter

and the expense of such acquisition shall be a proper charge against

funds available for the construction or reconstruction of state highways

or the transportation project as the case may be.

* 44. On or before December thirty-first, two thousand four, and on or

before December thirty-first of every fifth year thereafter, the

commissioner shall submit to the governor, the temporary president and

majority leader of the senate and the speaker of the assembly a special

additional assessment report of the condition of the state highway and

bridge system and the goals for the five year period following the date

of such report. Such report shall describe the condition of the state

highway and bridge system, the department's procedures for the

management of pavements and bridges, and measurements for and an

evaluation of system performance. Such report shall also recognize the

importance of addressing the most urgent regional needs as determined by

such measurements and evaluation. Nothing contained herein shall be

deemed to supersede any other reporting requirements otherwise imposed

upon the department by law, rule or regulation.

* NB Not effective due to defeat of the Transportation Bond Act of

2000

45. On or before December thirty-first, two thousand nine, and on or

before December thirty-first of every fifth year thereafter, the

commissioner shall submit to the governor, the temporary president and

majority leader of the senate and the speaker of the assembly a special

additional assessment report of the condition of the state highway and

bridge system and the goals for the five year period following the date

of such report. Such report shall describe the condition of the state

highway and bridge system, the department's procedures for the

management of pavements and bridges, and measurements for and an

evaluation of system performance. Such report shall also recognize the

importance of addressing the most urgent regional needs as determined by

such measurements and evaluation. Nothing contained herein shall be

deemed to supersede any other reporting requirements otherwise imposed

upon the department by law, rule or regulation.

46. Have the authority to enter into agreements and/or contracts to

provide or receive services pursuant to section ninety-nine-r of the

general municipal law upon such terms and conditions as deemed

appropriate by the commissioner or commissioner's designee.