Section 10-A. 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 cooperative highway
  contractual agreement or agreements with  the  New  York  state  thruway
  authority  and  municipalities  for  the  financing by such authority of
  expenditures made in advance  by  the  state  for  design,  acquisition,
  construction,  reconstruction  or the reconditioning and preservation of
  transportation facilities,  including  associated  costs  for  planning,
  engineering  services  and  construction  inspection,  pursuant  to  the
  provisions of section eighty-eight-b of the  state  finance  law,  state
  highways,  state parkways, state arterial highways in cities and related
  facilities  and  structures   thereon,   including   bridges   and   the
  reconditioning,  preservation  of  structures  separating  highways  and
  railroads, the traffic  operations  program  to  increase  capacity  and
  safety  on  existing street and highway systems in urban areas, capacity
  and infrastructure improvements to state, county, town, city or  village
  roads,  highways,  parkways  and  bridges, and buildings, equipment, and
  facilities used or useful in connection with the maintenance, operation,
  and  repair  of  said  transportation  facilities,  streets,   highways,
  parkways  and  related  facilities and structures, in any case where the
  expense thereof is paid in whole or in part by the state.  Such  advance
  expenditures  by  the  state  shall  be  recorded on a project basis and
  referred to as "cooperative highway contractual agreement expenditures".
    2. Such cooperative highway contractual agreement or agreements  shall
  include  but  not  be  limited  to: (a) description and location of each
  project; (b) the projected dates of commencement and completion; (c) the
  estimated total cost of each project, including the  amount  of  federal
  aid available therefore.
    3. In addition to the requirements of subdivision two of this section,
  each  such cooperative highway contractual agreement or agreements shall
  provide that:  (a) each project upon completion shall be maintained  and
  operated  under  the  supervision of the department of transportation or
  the municipality without cost to the New York State  thruway  authority;
  (b) upon completion of each project the New York State thruway authority
  shall  issue  a  use permit to the commissioner of transportation or the
  municipal agency designated by him for  such  project  or  municipality,
  which  shall  be made available to the commissioner of transportation or
  the municipal agency designated by him or the  municipality  on  a  toll
  free  basis;  and  (c) no project shall be undertaken which will require
  cooperative highway contractual agreement payments for a term in  excess
  of the probable life of such project, as defined in section sixty-one of
  the  state finance law, and, provided further, that at the expiration of
  such term all  rights  and  interest  of  the  New  York  State  thruway
  authority  in  each such project shall without any additional payment by
  the state to such authority be vested in the people of the state of  New
  York or the municipality.
    4.  The  commissioner of transportation and, with respect to municipal
  projects, the municipality  having  jurisdiction  over  the  project  is
  hereby   authorized  to  undertake  design,  acquisition,  construction,
  reconstruction or the reconditioning and preservation of  transportation
  facilities,  pursuant to the provisions of section eighty-eight-b of the
  state finance  law,  state  highways,  state  parkways,  state  arterial
  highways  in  cities  and  related  facilities  and  structures thereon,
  including  bridges,  reconditioning  and  preservation   of   structures
  separating highways and railroads, and the traffic operations program to
  increase  capacity  and safety on existing street and highway systems in
  urban areas, and capacity  and  infrastructure  improvements  to  state,
  county,  town, city or village roads, highways, parkways and bridges, 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
  expenditures made in advance by the State; and, provided that  all  such
  projects  and  traffic operations program projects shall be performed in
  accordance with the provisions of the highway law.
    5.  The  commissioner  of  transportation  is  hereby  authorized  and
  empowered  to  provide in each cooperative highway contractual 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  cooperative highway contractual agreement or agreements pursuant
  to this section shall contain a clause that such agreement or agreements
  of the state thereunder 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  state  comptroller  shall  at the commencement of each month,
  certify  to  the  director  of   the   budget,   the   commissioner   of
  transportation,  the  chairman  of  the  senate  finance  committee, the
  chairman of the assembly ways and means committee, and the  chairman  of
  the  New  York  State  thruway  authority, the amounts expended from the
  advance appropriation  made  by  this  act  for    design,  acquisition,
  construction, reconstruction or reconditioning and preservation projects
  and  traffic  operations  program  projects for the month preceding such
  certification and such certification shall not exceed in  the  aggregate
  the amounts appropriated.
    7.  The commissioner of transportation may, subject to the approval of
  the director of  the  budget,  enter  into  a  supplemental  cooperative
  highway  contractual  agreement  or  agreements  with the New York State
  thruway authority or municipalities pursuant to the provisions  of  this
  section,   provided  that  each  such  cooperative  highway  contractual
  agreement or supplemental thereto is approved as to form by the attorney
  general of the state of New York.
    8. (a) 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,  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,  subject  to  the  approval  of the director of the budget, a
  lease or mortgage for a  term  not  exceeding  the  term  authorized  by
  subdivision  three  of this section or a quitclaim deed conveying to the
  New York State thruway authority all the right, title  and  interest  of
  the  people  of  the state of New York in and to any of the lands and in
  and to any of the design, acquisition, construction,  reconstruction  or
  reconditioning   and   preservation   improvements  thereon  or  traffic
  operations  program  improvements  over  which   the   commissioner   of
  transportation  has  possession,  jurisdiction,  supervision and control
  pursuant to the provisions of the highway law or other law.
    (b) Notwithstanding any other provision of law, general or special  or
  local,  for  capacity  and  infrastructure improvements to county, town,
  city or village roads, highways, parkways and bridges, the  municipality
  with  jurisdiction  over  the project shall enter into an agreement with
  the department of transportation for the conveyance of all affected real
  property including highways, roads, parkways and bridges to the  thruway
  authority,  for  the  term  of  the bonds or notes issued by the thruway
  authority, or its successor agency, for such project or for such  lesser
  period  that  such bonds or notes are outstanding.  During the period of

  such  conveyance  to  the   thruway   authority,   the   department   of
  transportation  or the municipality shall agree to maintain the facility
  in a state of good repair, the responsibility for which  shall  be  with
  the  state,  or  municipality, which had jurisdiction over said facility
  prior to such agreement.
    9. The attorney general shall pass upon the form and  sufficiency  and
  manner  of  execution  of  any  lease,  mortgage  or  deed of conveyance
  executed  by  the  commissioner  of  transportation  pursuant   to   the
  provisions of subdivision eight of this section.
    10.  As  used  in this section "reconditioning and preservation" shall
  mean  resurfacing  of   existing   pavements   to   correct   structural
  deficiencies  or  substandard  riding  characteristics;  the  sealing of
  pavements;  the  treatment  of  highway  pavements   to   improve   skid
  resistance;  modification  of  roadway  geometrics  for  improvement  of
  operational safety; the improvement of highway  appurtenances  including
  but not limited to shoulders, guiderail systems, slopes, traffic control
  devices,  sidewalks,  curbs,  drainage systems; retaining and sustaining
  walls; removal of hazards and/or their replacement or correction by  the
  use  of  recognized  and  approved  safety or protective devices; bridge
  painting  and  improvement  including   structural   rehabilitation   or
  replacement.
    11.  As  used  in this section "traffic operations program" shall mean
  the program authorized by subdivision thirty-four of section ten of  the
  highway law.
    12.  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.