N.Y. Highway Law § 10-f: Long Island suburban highway improvement program

§ 10-f. Long Island suburban highway improvement program. 1. There is

hereby established the "Long Island suburban highway improvement

program".

2. The program shall provide fifty million dollars to be made

available as follows:

State Fiscal Year 1993-1994 $12.5 million

State Fiscal Year 1994-1995 $12.5 million

State Fiscal Year 1995-1996 $12.5 million

State Fiscal Year 1996-1997 $12.5 million

Such fifty million dollars shall be provided pursuant to annual

appropriations from the dedicated highway and bridge trust fund or

pursuant to authorization by the legislature for capital projects.

3. Program funds shall be made available for financing any of the

following types of capital projects within Nassau and Suffolk counties

where the service life of the project is at least ten years:

(a) reconstruction, replacement, reconditioning, restoration,

rehabilitation, and preservation of state, county, town, city and

village roads, highways, parkways, and bridges to restore such

facilities to their intended functions; and

(b) construction, reconstruction, enhancement and improvement of

state, county, town, city and village roads, highways, parkways and

bridges to address current and projected capacity problems.

The amount of state funds historically appropriated statewide for

transportation capital purposes from other sources shall not be reduced

because of the availability of program moneys. Prior to the allocation

of program funds for a county, town, city or village capital project,

the municipality responsible for the project shall certify to the

commissioner of transportation that the amount of funds appropriated for

transportation capital purposes by that municipality shall not be

reduced because of the availability of such program funds.

4. It is the intention of the governor, the temporary president of the

senate and the speaker of the assembly to enter into a memorandum of

understanding with respect to the selection of capital projects and the

allocation of program moneys among capital projects. The minority

leaders of the senate and assembly may also enter into the memorandum of

understanding.

5. (a) Funding of municipal projects will be made upon the application

for funding of prior expenditures in a format prescribed by the

commissioner. Such funding of state projects may be pursuant to

agreements between the commissioner and the New York state thruway

authority and may be from the proceeds of bonds, notes or other

obligations issued pursuant to section three hundred eighty-five of the

public authorities law.

(b) Funding of municipal project expenditures for an approved project

shall require the certification of the sponsoring municipality to the

department that:

(i) the amount of municipal funds appropriated for transportation

capital projects by municipalities shall not be reduced because of the

availability of these funds, and each recipient municipality shall

certify annually that its own level of funding of transportation capital

projects, excluding funds expended for those capital projects funded

pursuant to this section, was not diminished;

(ii) program funds will be used solely to fund actual expenditures for

the construction, reconstruction, replacement, reconditioning,

restoration, rehabilitation, preservation, enhancement and improvement

of state and local roads, highways, parkways and bridges, including but

not limited to right-of-way acquisition, preliminary engineering, and

construction supervision and inspection;

(iii) the project constructed with program funds has a service life of

ten or more years;

(iv) the amount of funds requested is no greater than prior

unreimbursed municipal project expenditures for work completed or

materials incorporated in qualifying projects; and

(v) program funds are not to be used for the mandated non-federal

share of federally funded projects.

(c) By written agreement between them, a county may act for one or

more cities, towns or villages in the implementation of projects

eligible for funding pursuant to this section. A copy of such agreement

shall be filed with the commissioner in connection with the program plan

that includes such a project.