N.Y. Transportation Law § 235: Approval of projects

§ 235. Approval of projects. 1. Rail preservation or local street or

highway projects shall be undertaken pursuant to this article only with

the approval of the commissioner, and in the case of municipal projects

for rail preservation, or local street or highway projects, pursuant to

an approved contract for state assistance.

2. In reviewing rail preservation projects, the commissioner shall

give due consideration to:

a. the urgency of the need for preserving or improving commuter and

intercity rail passenger and rail freight services;

b. the age and condition of the railroad capital facilities to be

acquired, reconstructed or improved by the project;

c. the economic feasibility of maintaining or improving commuter and

intercity rail passenger or rail freight services in relation to the

project; and

d. whether the project is part of, or consistent with, the statewide

comprehensive master plan for transportation.

3. In reviewing local street or highway projects, the commissioner

shall give due consideration to:

a. the urgency of the need for preservation and improving the local

street, highway or bridge in order to make it more energy efficient,

safer and economical to maintain and operate; and

b. whether the project is part of, or consistent with, the statewide

comprehensive master plan for transportation.

4. With respect to any municipal rail preservation project, or a local

street or highway project, the state may finance the total cost thereof

or such lesser amount as may be set forth in the appropriation or as may

be established by the legislature by legislative act or by the the

commissioner pursuant to contract. In the event no local share is

specified in the appropriation of funds for the local street or highway

projects or by another act of the legislature, then the local share

shall be determined by the commissioner on the same basis and criteria

utilized for the safer off system road program.