N.Y. Transportation Law § 440: New York state transportation energy conservation program

§ 440. New York state transportation energy conservation program. 1.

As used in this article, unless a different meaning clearly appears from

the context, the term:

(a) "Applicant" shall mean any town, city, village, county and for any

project on the state highway/bridge system, the designated

transportation coordinating committee, if one exists, or the

metropolitan transportation planning organization, if no designated

transportation coordinating committee exists. In cases where no

metropolitan planning organization exists, the department may submit

applications for projects on the state highway/bridge system.

(b) "Transportation energy conservation project" shall mean an

improvement to or directly related to the use of a street, highway

and/or bridge either on or off the state highway system provided such

highway or bridge is not owned by a state authority. Such projects shall

be designed to advance energy efficiency and conservation through

improvements, including, but not limited to, capacity/spot improvements,

signing, signalization and technical innovation, and training and

technical assistance.

(c) "Program" shall mean the New York state transportation energy

conservation program.

2. (a) The department shall promulgate rules and regulations to

provide for the timely and effective implementation of the program.

(b) Such rules and regulations shall provide for application

procedures, criteria for ranking and soliciting projects and standards

to be used by the department in approving projects for funding.

(c) In promulgating such rules and regulations the department shall

ensure that:

(i) the total costs of implementing any project approved for funding

under the transportation energy conservation program will be returned in

savings in energy costs attributable to the project within a period of

not more than fifteen years, or the life of the project, whichever is

less;

(ii) any moneys used for projects from the transportation energy

conservation program are in addition to any existing funding from either

state or local sources and such sources shall not be reduced due to the

availability of moneys from such program;

(iii) no project shall receive in excess of two hundred fifty thousand

dollars from the transportation energy conservation program;

(iv) an equitable distribution of moneys from the program is made

statewide; and

(v) a report is issued, at least annually, detailing the commitment

and use of such funds.