N.Y. Transportation Law § 227: Federal aid; receipt and expenditure

§ 227. Federal aid; receipt and expenditure. The comptroller is hereby

authorized to accept from the federal government or any department or

agency thereof any moneys in any way granted, allocated or apportioned

for the purpose of highway-railroad grade crossing eliminations or the

reconstruction or repair of existing grade crossing separation

structures and deposit them in accordance with existing federal or state

law or rules or regulations applicable thereto and the same shall be

available for the purposes granted, allocated or apportioned. Such

moneys shall be available to reimburse the state for its expenses in

connection with a grade crossing elimination project including

incidental improvements rendered necessary or desirable by such project.

The expense of net benefit to be borne by the railroad company shall be

the lesser of (1) the amount of net benefit determined by the

commissioner in accordance with this act or (2) the difference between

the cost of the project exclusive of incidental improvements and the

amount of federal aid for the project exclusive of incidental

improvements. State moneys made available for federal aid grade crossing

elimination projects may be used in the first instance to pay the costs

of said projects.