N.Y. Transportation Law § 14-k: Multi-modal program

§ 14-k. Multi-modal program. 1. There is hereby established the

"multi-modal program". The commissioner is hereby authorized to enter

into a contract, lease or agreement with the New York state thruway

authority for the financing by such authority of the multi-modal program

as authorized by law.

2. Program funds shall be provided pursuant to annual appropriation or

pursuant to authorization by the legislature for capital projects.

3. The commissioner is hereby vested with the authority and

responsibility to approve funding for projects authorized in subdivision

four of this section. The funding of projects will be made upon

application, in a format prescribed by the commissioner, by the project

sponsor for funding of prior expenditures.

4. Multi-modal projects shall be limited to:

(a) project costs for construction, reconstruction, improvement,

reconditioning and preservation of rail freight facilities and for the

project costs of intercity rail passenger facilities and equipment where

the service life of the project is at least ten years. Funding of

project expenditures for an approved project shall require certification

by the project sponsor to the department that the project has a service

life of ten or more years. Such certification shall include any such

information as may be necessary to maintain, if applicable, the federal

tax exempt status of bonds, notes or other obligations issued by the New

York state thruway authority for such purposes. The commissioner shall

request the project sponsors to furnish such information in writing as

may be necessary;

(b) project costs for construction, reconstruction, improvement,

reconditioning and preservation of state, municipal, or privately owned

ports where the service life of the project is at least ten years.

Funding of project expenditures for an approved project shall require

certification by the project sponsor to the department that the project

has a service life of ten or more years. Such certification shall

include any such information as may be necessary to maintain, if

applicable, the federal tax exempt status of bonds, notes or other

obligations issued by the New York state thruway authority for such

purposes. The commissioner shall request the project sponsors to furnish

such information in writing as may be necessary;

(c) project costs of construction, reconstruction, improvement,

reconditioning and preservation of municipal airports, privately owned

airports and aviation capital facilities, excluding airports operated by

the state or operated by a bi-state municipal corporate instrumentality,

for which federal funding is not available provided the project is

consistent with an approved airport layout plan, where the service life

of the project is at least ten years. Funding of project expenditures

for an approved project shall require certification that the project has

a service life of ten or more years. Such certification shall include

any such information as may be necessary to maintain, if applicable, the

federal tax exempt status of bonds, notes or other obligations issued by

the New York state thruway authority for such purposes. The commissioner

shall request the project sponsors to furnish such information in

writing as may be necessary;

(d) project costs of construction, reconstruction, enhancement,

improvement, replacement, reconditioning, restoration, rehabilitation

and preservation of state, county, town, city and village roads,

highways, parkways and bridges where the service life of the project is

at least ten years. Funding of project expenditures for an approved

project shall require certification from the project sponsor that:

(i) the project has a service life of ten or more years;

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

share of federally funded projects;

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

unreimbursed municipal project expenditures for work completed or

materials incorporated in qualifying projects; and

(iv) the amount of municipal funds appropriated for transportation

capital projects by municipalities shall not be reduced because of the

availability of these funds.

The commissioner shall request the project sponsors to furnish such

information in writing as may be necessary. For the purposes of this

section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier

extension railroad authority shall be an authorized project sponsor.

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 paragraph. A copy of such agreement shall be

filed with the commissioner; and

(e) project costs for construction, reconstruction, improvement,

reconditioning and preservation of fixed ferry facilities of municipal

and privately owned ferry lines for transportation purposes, where the

service life of the project is at least ten years. Funding of the

project expenditures for an approved project shall require certification

by the project sponsor to the department that the project has a service

life of ten or more years. Such certification shall include any such

information as may be necessary to maintain, if applicable, the federal

tax exempt status of bonds, notes or other obligations issued by the New

York state thruway authority for such purposes. The commissioner shall

request the project sponsors to furnish such information in writing as

may be necessary.