10-E - Additional special powers of the commissioner of transportation.
§ 10-e. Additional special powers of the commissioner of transportation. 1. The commissioner of transportation, subject to the approval of the director of the budget, is hereby authorized to enter into a dedicated highway and bridge trust fund cooperative agreement or agreements with the New York state thruway authority for the financing by such authority of disbursements made by the state for any of the activities authorized pursuant to the provisions of section eighty-nine-b of the state finance law, in any case where the expense thereof is paid in whole or in part by the state. Such disbursements by the state shall be recorded on a project basis and referred to as "dedicated highway and bridge trust fund cooperative agreement disbursements". Copies of such agreement shall be filed with the chairpersons of the assembly ways and means committee and the senate finance committee. 2. The dedicated highway and bridge trust fund cooperative agreement or agreements shall provide for dedicated highway and bridge trust fund cooperative agreement payments to the New York state thruway authority, and may further provide for necessary instruments of transfer by quitclaim deed or otherwise, to the New York state thruway authority pursuant to subdivision eight of this section, of such real property interests that are held by the department in the name of the people of the state for any of the activities undertaken under this section. Such dedicated highway and bridge trust fund cooperative agreement or agreements shall also include but not be limited to: (a) description and location of each activity; (b) the projected dates of commencement and completion; (c) the estimated total cost, including the amount of federal aid available therefor. Nothing in such agreement shall provide for the transfer of any interests in buildings or personal property, including equipment, materials and facilities used or useful in connection with activities authorized in this section. 3. In addition to the requirements of subdivision two of this section, each such dedicated highway and bridge trust fund agreement or agreements shall provide that: (a) any real property interest transfer pursuant to subdivision eight of this section shall be maintained and operated under the supervision of the department of transportation without cost to the New York State thruway authority; (b) simultaneously with the conveyance of any real property interest by the department by quitclaim deed or otherwise pursuant to subdivision eight of this section the New York state thruway authority shall issue a use permit or lease to the department of transportation for such real property interest on a toll free basis; and, (c) no such activity shall require dedicated highway and bridge trust fund cooperative agreement payments for a term in excess of thirty years and, at the expiration of such term as the commissioner and the authority may agree, pursuant to subdivision eight of this section all rights and interest of the New York state thruway authority in each such activity shall without any additional payment by the state to such authority revert to and be vested in the people of the state of New York. In no event shall any property transferred to the thruway authority pursuant to this section be deemed part of the thruway for the purposes of any provision of the tax law. 4. The commissioner of transportation is hereby authorized to undertake any of the authorized activities pursuant to section eighty-nine-b of the state finance law, in any case where the expense thereof is paid in whole or in part by the state, as financed by the New York state thruway authority of disbursements made by the state; and, provided that all such activities shall be performed in accordance with the provisions of this chapter and other applicable laws.5. The commissioner of transportation is hereby authorized and empowered to provide, in each dedicated highway and bridge trust fund cooperative agreement or agreements during the term or terms of each such agreement or agreements, against loss or damage to any project caused by storm, flood, fire, explosion or other catastrophe, whether by insurance or otherwise. Each dedicated highway and bridge trust fund cooperative agreement or agreements pursuant to this section shall contain a clause that such agreement or agreements of the state thereunder are not a debt of the state and that such agreement or agreements shall be deemed executory only to the extent of the monies available to the state and no liability on account thereof shall be incurred by the state beyond the monies available for the purpose thereof. 6. The comptroller shall at the commencement of each month certify to the director of the budget, the chairpersons of the senate finance and assembly ways and means committees, the commissioner of transportation, and the chairman of the thruway authority the amount disbursed from the dedicated highway and bridge trust fund in the preceding month, the amounts reimbursed by the thruway authority, the revenues received in the fund, and the unreimbursed disbursements. The department of transportation shall report, not less than quarterly, to the director of the budget, the chairs of the senate finance committee and assembly ways and means committee, the amounts disbursed from appropriations in the dedicated highway and bridge trust fund which may be reimbursable from bonds authorized by this section. The director of the budget shall review the report and certify to the comptroller the disbursements that are not reimbursable from bonds. 7. The commissioner of transportation may, subject to the approval of the director of the budget, enter into a supplemental dedicated highway and bridge trust fund cooperative agreement or agreements with the New York State thruway authority pursuant to the provisions of this section, provided that each such dedicated highway and bridge trust fund agreement or supplement thereto is approved as to form by the attorney general of the state of New York. 8. Notwithstanding any other provisions of law, general or special or local, the commissioner of transportation is hereby authorized for and on behalf and in the name of the people of the state of New York to execute and deliver to the New York state thruway authority at such time, for such consideration or upon such terms and conditions as may be determined by the commissioner of transportation and the New York state thruway authority, a lease or mortgage or a quitclaim deed in a form acceptable to the commissioner and the chairman which form may provide for amendment by certificate or supplement by the parties for the addition of property, which upon delivery shall therewith be deemed to convey to the New York state thruway authority such interest as the people of the state of New York may have in and to any of the lands over which the commissioner of transportation has possession, jurisdiction, supervision and control pursuant to the provisions of this chapter or other law. Such lease, mortgage or quitclaim deed shall not exceed a term authorized by subdivision three of this section. Provided, however, that at any time after April first, nineteen hundred ninety-five, no dedicated highway and bridge trust fund cooperative agreement with the New York state thruway authority pursuant to this section, nor any supplement thereto, need provide any such foregoing conveyance of property to the New York state thruway authority in connection with any obligations incurred pursuant to section three hundred eighty-five of the public authorities law, and any such conveyance evidenced by a dedicated highway and bridge trust fundcooperative agreement before such date shall, consistent with the rights of holders of any such obligations incurred pursuant to section three hundred eighty-five of the public authorities law, revert to the people of the state of New York by appropriate instrument or instruments, by quitclaim deed or otherwise, in confirmation of such reversion. 9. Subject to the approval of the director of the budget, the commissioner is authorized to pledge and assign to the New York state thruway authority federal moneys to be paid to the state as reimbursement for the federal share of expenditures advanced by the state.