N.Y. Highway Law § 10-a: Special powers of the commissioner of transportation

§ 10-a. Special powers of the commissioner of transportation. 1. The

commissioner of transportation, subject to the approval of the director

of the budget, is hereby authorized to enter into a cooperative highway

contractual agreement or agreements with the New York state thruway

authority and municipalities for the financing by such authority of

expenditures made in advance by the state for design, acquisition,

construction, reconstruction or the reconditioning and preservation of

transportation facilities, including associated costs for planning,

engineering services and construction inspection, pursuant to the

provisions of section eighty-eight-b of the state finance law, state

highways, state parkways, state arterial highways in cities and related

facilities and structures thereon, including bridges and the

reconditioning, preservation of structures separating highways and

railroads, the traffic operations program to increase capacity and

safety on existing street and highway systems in urban areas, capacity

and infrastructure improvements to state, county, town, city or village

roads, highways, parkways and bridges, and buildings, equipment, and

facilities used or useful in connection with the maintenance, operation,

and repair of said transportation facilities, streets, highways,

parkways and related facilities and structures, in any case where the

expense thereof is paid in whole or in part by the state. Such advance

expenditures by the state shall be recorded on a project basis and

referred to as "cooperative highway contractual agreement expenditures".

2. Such cooperative highway contractual agreement or agreements shall

include but not be limited to: (a) description and location of each

project; (b) the projected dates of commencement and completion; (c) the

estimated total cost of each project, including the amount of federal

aid available therefore.

3. In addition to the requirements of subdivision two of this section,

each such cooperative highway contractual agreement or agreements shall

provide that: (a) each project upon completion shall be maintained and

operated under the supervision of the department of transportation or

the municipality without cost to the New York State thruway authority;

(b) upon completion of each project the New York State thruway authority

shall issue a use permit to the commissioner of transportation or the

municipal agency designated by him for such project or municipality,

which shall be made available to the commissioner of transportation or

the municipal agency designated by him or the municipality on a toll

free basis; and (c) no project shall be undertaken which will require

cooperative highway contractual agreement payments for a term in excess

of the probable life of such project, as defined in section sixty-one of

the state finance law, and, provided further, that at the expiration of

such term all rights and interest of the New York State thruway

authority in each such project shall without any additional payment by

the state to such authority be vested in the people of the state of New

York or the municipality.

4. The commissioner of transportation and, with respect to municipal

projects, the municipality having jurisdiction over the project is

hereby authorized to undertake design, acquisition, construction,

reconstruction or the reconditioning and preservation of transportation

facilities, pursuant to the provisions of section eighty-eight-b of the

state finance law, state highways, state parkways, state arterial

highways in cities and related facilities and structures thereon,

including bridges, reconditioning and preservation of structures

separating highways and railroads, and the traffic operations program to

increase capacity and safety on existing street and highway systems in

urban areas, and capacity and infrastructure improvements to state,

county, town, city or village roads, highways, parkways and bridges, in

any case where the expense thereof is paid in whole or in part by the

state, as financed by the New York State thruway authority of

expenditures made in advance by the State; and, provided that all such

projects and traffic operations program projects shall be performed in

accordance with the provisions of the highway law.

5. The commissioner of transportation is hereby authorized and

empowered to provide in each cooperative highway contractual agreement

or agreements during the term or terms of each such agreement or

agreements against loss or damage to any project caused by storm, flood,

fire, explosion or other catastrophe, whether by insurance or otherwise.

Each cooperative highway contractual agreement or agreements pursuant

to this section shall contain a clause that such agreement or agreements

of the state thereunder shall be deemed executory only to the extent of

the monies available to the state and no liability on account thereof

shall be incurred by the state beyond the monies available for the

purpose thereof.

6. The state comptroller shall at the commencement of each month,

certify to the director of the budget, the commissioner of

transportation, the chairman of the senate finance committee, the

chairman of the assembly ways and means committee, and the chairman of

the New York State thruway authority, the amounts expended from the

advance appropriation made by this act for design, acquisition,

construction, reconstruction or reconditioning and preservation projects

and traffic operations program projects for the month preceding such

certification and such certification shall not exceed in the aggregate

the amounts appropriated.

7. The commissioner of transportation may, subject to the approval of

the director of the budget, enter into a supplemental cooperative

highway contractual agreement or agreements with the New York State

thruway authority or municipalities pursuant to the provisions of this

section, provided that each such cooperative highway contractual

agreement or supplemental thereto is approved as to form by the attorney

general of the state of New York.

8. (a) Notwithstanding any other provisions of law, general or special

or local, the commissioner of transportation is hereby authorized for

and on behalf and in the name of the people of the state of New York to

execute and deliver to the New York State thruway authority, for such

consideration or upon such terms and conditions as may be determined by

the commissioner of transportation and the New York State thruway

authority, subject to the approval of the director of the budget, a

lease or mortgage for a term not exceeding the term authorized by

subdivision three of this section or a quitclaim deed conveying to the

New York State thruway authority all the right, title and interest of

the people of the state of New York in and to any of the lands and in

and to any of the design, acquisition, construction, reconstruction or

reconditioning and preservation improvements thereon or traffic

operations program improvements over which the commissioner of

transportation has possession, jurisdiction, supervision and control

pursuant to the provisions of the highway law or other law.

(b) Notwithstanding any other provision of law, general or special or

local, for capacity and infrastructure improvements to county, town,

city or village roads, highways, parkways and bridges, the municipality

with jurisdiction over the project shall enter into an agreement with

the department of transportation for the conveyance of all affected real

property including highways, roads, parkways and bridges to the thruway

authority, for the term of the bonds or notes issued by the thruway

authority, or its successor agency, for such project or for such lesser

period that such bonds or notes are outstanding. During the period of

such conveyance to the thruway authority, the department of

transportation or the municipality shall agree to maintain the facility

in a state of good repair, the responsibility for which shall be with

the state, or municipality, which had jurisdiction over said facility

prior to such agreement.

9. The attorney general shall pass upon the form and sufficiency and

manner of execution of any lease, mortgage or deed of conveyance

executed by the commissioner of transportation pursuant to the

provisions of subdivision eight of this section.

10. As used in this section "reconditioning and preservation" shall

mean resurfacing of existing pavements to correct structural

deficiencies or substandard riding characteristics; the sealing of

pavements; the treatment of highway pavements to improve skid

resistance; modification of roadway geometrics for improvement of

operational safety; the improvement of highway appurtenances including

but not limited to shoulders, guiderail systems, slopes, traffic control

devices, sidewalks, curbs, drainage systems; retaining and sustaining

walls; removal of hazards and/or their replacement or correction by the

use of recognized and approved safety or protective devices; bridge

painting and improvement including structural rehabilitation or

replacement.

11. As used in this section "traffic operations program" shall mean

the program authorized by subdivision thirty-four of section ten of the

highway law.

12. Subject to the approval of the director of the budget, the

commissioner is authorized to pledge and assign to the New York state

thruway authority federal moneys to be paid to the state as

reimbursement for the federal share of expenditures.

13. (a) The state shall defend any unit, entity, officer or employee

of the New York state thruway authority using the forces of the

department of law in any action, proceeding, claim, demand or the

prosecution of any appeal arising from or occasioned by the acts or

omissions to act in the performance of the functions of the department

pursuant to a shared services agreement.

(b) Defense pursuant to paragraph (a) of this subdivision shall be

conditioned upon the full cooperation of the New York state thruway

authority.

(c) The state shall indemnify and hold harmless any unit, entity,

officer or employee of the New York state thruway authority in the

amount of any judgment obtained against the New York state thruway

authority or in the amount of any settlement the New York state thruway

authority enters into with the consent of the state for any and all

claims, damages or liabilities arising from or occasioned by the acts or

omissions to act of the department pursuant to a shared services

agreement, provided, however, that the act or omission from which such

judgment or settlement arose occurred while the department was acting

within the scope of its functions pursuant to a shared services

agreement. Any such settlement shall be executed pursuant to section

twenty-a of the court of claims act.

(d) Any claim or proceeding commenced against any unit, entity,

officer or employee of the department pursuant to any shared services

agreement shall not be construed in any way to impair, alter, limit,

modify, abrogate or restrict any immunity available to or conferred upon

any unit, entity, officer or employee of the department, or to impair,

alter, limit, modify, abrogate or restrict any right to defense and

indemnification provided for any governmental officer or employee by, in

accordance with, or by reason of, any other provision of state or

federal statutory or common law.

(e) This subdivision shall not in any way affect the obligation of any

claimant to give notice to the state under sections ten and eleven of

the court of claims act or any other provision of law provided, however,

that notice served upon the state or the authority shall be valid notice

on both parties to the agreement, when such claim arises out of such

agreement. The state and authority shall notify each other when they

receive a notice of claim, notice of intention to make a claim or a

claim arising out of such agreement.

(f) The provisions of this subdivision shall not be construed to

impair, alter, limit or modify the rights and obligations of any insurer

under any insurance agreement.

(g) Notwithstanding any other provision of law, employees of the

thruway authority, its subsidiaries and the department shall be deemed

employees of all such entities and the state for purposes of the

workers' compensation law.

(h) Any payment made pursuant to this subdivision or any monies paid

for a claim against or settlement with the department or the New York

state thruway authority pursuant to this section and pursuant to a

shared services agreement shall be paid from appropriations for payment

by the state pursuant to the court of claims act.