N.Y. Highway Law § 10-e: Additional special powers of the commissioner of transportation

§ 10-e. Additional 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 dedicated highway and bridge trust fund cooperative agreement or

agreements with the New York state thruway authority for the financing

by such authority of disbursements made by the state for any of the

activities authorized pursuant to the provisions of section

eighty-nine-b of the state finance law, in any case where the expense

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

the state shall be recorded on a project basis and referred to as

"dedicated highway and bridge trust fund cooperative agreement

disbursements". Copies of such agreement shall be filed with the

chairpersons of the assembly ways and means committee and the senate

finance committee.

2. The dedicated highway and bridge trust fund cooperative agreement

or agreements shall provide for dedicated highway and bridge trust fund

cooperative agreement payments to the New York state thruway authority,

and may further provide for necessary instruments of transfer by

quitclaim deed or otherwise, to the New York state thruway authority

pursuant to subdivision eight of this section, of such real property

interests that are held by the department in the name of the people of

the state for any of the activities undertaken under this section. Such

dedicated highway and bridge trust fund cooperative agreement or

agreements shall also include but not be limited to: (a) description and

location of each activity; (b) the projected dates of commencement and

completion; (c) the estimated total cost, including the amount of

federal aid available therefor. Nothing in such agreement shall provide

for the transfer of any interests in buildings or personal property,

including equipment, materials and facilities used or useful in

connection with activities authorized in this section.

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

each such dedicated highway and bridge trust fund agreement or

agreements shall provide that: (a) any real property interest transfer

pursuant to subdivision eight of this section shall be maintained and

operated under the supervision of the department of transportation

without cost to the New York State thruway authority; (b) simultaneously

with the conveyance of any real property interest by the department by

quitclaim deed or otherwise pursuant to subdivision eight of this

section the New York state thruway authority shall issue a use permit or

lease to the department of transportation for such real property

interest on a toll free basis; and, (c) no such activity shall require

dedicated highway and bridge trust fund cooperative agreement payments

for a term in excess of thirty years and, at the expiration of such term

as the commissioner and the authority may agree, pursuant to subdivision

eight of this section all rights and interest of the New York state

thruway authority in each such activity shall without any additional

payment by the state to such authority revert to and be vested in the

people of the state of New York. In no event shall any property

transferred to the thruway authority pursuant to this section be deemed

part of the thruway for the purposes of any provision of the tax law.

4. The commissioner of transportation is hereby authorized to

undertake any of the authorized activities pursuant to section

eighty-nine-b of the state finance law, 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 disbursements made by the state; and,

provided that all such activities shall be performed in accordance with

the provisions of this chapter and other applicable laws.

5. The commissioner of transportation is hereby authorized and

empowered to provide, in each dedicated highway and bridge trust fund

cooperative 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 dedicated highway and bridge trust fund cooperative agreement or

agreements pursuant to this section shall contain a clause that such

agreement or agreements of the state thereunder are not a debt of the

state and that such agreement or agreements 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 comptroller shall at the commencement of each month certify to

the director of the budget, the chairpersons of the senate finance and

assembly ways and means committees, the commissioner of transportation,

and the chairman of the thruway authority the amount disbursed from the

dedicated highway and bridge trust fund in the preceding month, the

amounts reimbursed by the thruway authority, the revenues received in

the fund, and the unreimbursed disbursements. The department of

transportation shall report, not less than quarterly, to the director of

the budget, the chairs of the senate finance committee and assembly ways

and means committee, the amounts disbursed from appropriations in the

dedicated highway and bridge trust fund which may be reimbursable from

bonds authorized by this section. The director of the budget shall

review the report and certify to the comptroller the disbursements that

are not reimbursable from bonds.

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

the director of the budget, enter into a supplemental dedicated highway

and bridge trust fund cooperative agreement or agreements with the New

York State thruway authority pursuant to the provisions of this section,

provided that each such dedicated highway and bridge trust fund

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

general of the state of New York.

8. 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 at such

time, 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, a lease or mortgage or a quitclaim deed in a form

acceptable to the commissioner and the chairman which form may provide

for amendment by certificate or supplement by the parties for the

addition of property, which upon delivery shall therewith be deemed to

convey to the New York state thruway authority such interest as the

people of the state of New York may have in and to any of the lands over

which the commissioner of transportation has possession, jurisdiction,

supervision and control pursuant to the provisions of this chapter or

other law. Such lease, mortgage or quitclaim deed shall not exceed a

term authorized by subdivision three of this section. Provided,

however, that at any time after April first, nineteen hundred

ninety-five, no dedicated highway and bridge trust fund cooperative

agreement with the New York state thruway authority pursuant to this

section, nor any supplement thereto, need provide any such foregoing

conveyance of property to the New York state thruway authority in

connection with any obligations incurred pursuant to section three

hundred eighty-five of the public authorities law, and any such

conveyance evidenced by a dedicated highway and bridge trust fund

cooperative agreement before such date shall, consistent with the rights

of holders of any such obligations incurred pursuant to section three

hundred eighty-five of the public authorities law, revert to the people

of the state of New York by appropriate instrument or instruments, by

quitclaim deed or otherwise, in confirmation of such reversion.

9. 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 advanced by the

state.