Section 12. Commissioner of transportation to provide for maintenance, repair, and for control of snow and ice; roads and driveways on state lands

1. The maintenance and repair of improved state highways in towns  and   incorporated   villages,   exclusive,  however,  of  the  cost  of
  maintaining and repairing bridges having a span in excess of twenty feet
  shall be under the direct supervision and control of the commissioner of
  transportation and he shall be responsible therefor. The  cost  of  such
  maintenance  and  repair  shall be borne wholly by the state and be paid
  from moneys appropriated therefor by the legislature.  Such  maintenance
  and  repair  may  be  done  in the discretion of the commissioner either
  directly by the department of transportation or by contract  awarded  to
  the   lowest   responsible   bidder   at  a  public  letting  after  due
  advertisement, and under such rules and regulations as the  commissioner
  of  transportation  may  prescribe.  The  commissioner of transportation
  shall also have the power to adopt such system as may seem expedient  so
  that each section of such highways shall be effectively and economically
  preserved, maintained and repaired.
    2.    The  maintenance  of state highways shall include the control of
  snow and ice on such highways or any parts thereof, as the  commissioner
  of transportation may deem to be necessary to provide reasonable passage
  and  movement  of  vehicles  over  such  highways.  The  commissioner of
  transportation is authorized also  to  erect  snow  fences  at  suitable
  locations.  The  work of such control of snow and ice may be done by any
  municipality which for the purposes of this section shall include only a
  county, city, town or village. The governing board or body of  any  such
  municipality   and   the   commissioner  of  transportation  are  hereby
  authorized to enter into an agreement for the performance of the work of
  such control of snow and ice upon such terms, rules and  regulations  as
  may  be  deemed by the commissioner of transportation to be for the best
  interest of the public. Such agreement may provide for periodic payments
  based upon a percentage of  the  estimated  total  cost.  Any  agreement
  authorized by this subdivision shall be for a term of three years and at
  the  expiration  of each year of the term specified in the agreement, as
  such term may be extended as herein  provided,  the  municipality  shall
  notify  the  commissioner either (a) that it requests, with the approval
  of the commissioner, that the term of the agreement be extended for  one
  year  or  (b)  it intends not to extend the agreement and such agreement
  shall expire at the end of the term. If the municipality fails to notify
  the commissioner as  herein  provided,  it  shall  be  deemed  that  the
  municipality  intends not to extend the agreement. If any such agreement
  expires, a new agreement between the commissioner and a municipality may
  be entered into for a term of three years, with extended term  or  terms
  upon  notification  as  above  provided. Whenever the commissioner shall
  deem the work of control of snow and  ice  by  any  municipality  to  be
  inadequate  or  unsatisfactory  according  to  the  terms  of  any  such
  agreement, he may, by official order to be filed in his office,  and  by
  filing  a  certified  copy  thereof  in  the office of the department of
  state, cancel said agreement, and the payments  thereunder  provided  by
  the state shall cease; whereupon the commissioner may carry out the work
  of  control  of  snow  and  ice.    The  official order provided in this
  subdivision shall become effective at the expiration of five days  after
  the  commissioner  shall  mail  a certified copy thereof to the clerk or
  other official who performs related duties in such  municipality.    The
  governing  board  or  body  of  any  such  municipality is authorized to
  appropriate such sum as it deems necessary to enable  such  municipality
  to perform the terms of such agreement. The work of such control of snow
  and ice may be done by any of the methods provided in subdivision one of
  this section for the work of maintenance and repair, or by a combination

  of  such  methods.  Any  county  is  hereby  authorized  to enter into a
  contract with another municipality located within the  same  county  for
  the  performance  of  the  work  of  such  control  of snow and ice as a
  subcontractor   under   any   agreement   with   the   commissioner   of
  transportation  as  such  agreement  is  hereinbefore  provided.  Moneys
  received by a county under the terms of any agreement authorized by this
  subdivision  shall  be  credited  to  the  fund  from  which moneys were
  appropriated  to  enable  the  county  to  perform  the  terms  of  such
  agreement. Moneys so received by a town shall be credited to the highway
  fund.  Moneys  so received by a city or village shall be credited to the
  general fund.
    2-a. (a) Except as provided hereafter the state  shall  indemnify  and
  hold  harmless such municipalities for any and all liability for damages
  for personal injury, injury to property or  wrongful  death  for  losses
  arising from or occasioned by the manner of performance of the functions
  under  any agreement with a municipality for the control of snow and ice
  pursuant to this section.
    (b) In no event shall the state be obligated to  defend  or  indemnify
  such  municipality,  in  any action, proceeding, claim or demand arising
  out of the actual operation of an insured vehicle or vehicle subject  to
  self-insurance  while  engaged  in the operation of snow and ice control
  functions under such agreement.
    (c) The municipality  shall  be  entitled  to  representation  by  the
  attorney  general  in  any  claim  described  in  paragraph  (a) of this
  subdivision, provided, however, that the municipality shall be  entitled
  to  itself  defend any such action, proceeding, claim or demand whenever
  the attorney general determines, based upon his investigation and review
  of the facts and circumstances of the case that  representation  by  the
  attorney  general  would  be  inappropriate,  or  whenever  a  court  of
  competent jurisdiction determines that a conflict of interest exists and
  that the municipality is entitled to be separately represented. Whenever
  the municipality is entitled to defend  the  action  itself,  the  state
  shall  reimburse  the  municipality  for any and all costs and expenses,
  including, but not limited to, counsel fees and disbursements.
    (d) The state shall indemnify and save harmless such  municipality  in
  the  amount  of  any  judgment obtained against such municipality in any
  state or federal court on any claim described in paragraph (a)  of  this
  subdivision,  or in the amount of any settlement of such claim, or shall
  pay such judgment or settlement; provided,  however,  that  the  act  or
  omission from which such judgment or settlement arose occurred while the
  municipality was acting within the scope of its functions for control of
  snow  and  ice;  provided, further, that no stipulation of settlement of
  any such action, proceeding, claim or demand shall be made  or  executed
  without  approval  of  the  attorney  general and of the commissioner of
  transportation or his designee. Payment of any claim  made  pursuant  to
  settlement  shall  not exceed the sum of fifty thousand dollars. Nothing
  herein shall authorize the state to  indemnify  or  save  harmless  with
  respect to punitive or exemplary damages.
    (e)  The  duty  to defend or indemnify and save harmless prescribed by
  this subdivision shall be conditioned upon (i) delivery to the  attorney
  general or an assistant attorney general at the office of the department
  of  law  located  in  Albany  or  New  York  city and by delivery to the
  commissioner of transportation or his designee  a  copy  of  any  claim,
  summons, complaint, process, notice, demand or other pleading within ten
  days  after  such municipality is served with such document and (ii) the
  full cooperation of the municipality in  the  defense  of  such  action,
  proceeding,   claim  or  demand  and  in  the  defense  of  any  action,

  proceeding, claim or demand against the state based upon the same act or
  omission, and in the prosecution of any appeal.
    (f)  The  benefits  of  this  subdivision  shall  inure  only  to such
  municipalities and shall not enlarge or diminish the rights of any other
  party nor shall any  provision  of  this  subdivision  be  construed  to
  effect, alter or repeal any provision of the workers' compensation law.
    (g) This subdivision shall not in any way affect the obligation of any
  claimant  to  give notice to the state under section ten of the court of
  claims act or any other provision of law.
    (h) The provisions of this  subdivision  shall  not  be  construed  to
  impair, alter, limit or modify the rights and obligations of any insurer
  under any insurance agreement.
    (i) Except as otherwise specifically provided in this subdivision, the
  provisions  of  this  subdivision  shall  not be construed in any way to
  impair,  alter,  limit,  modify,  abrogate  or  restrict  any   immunity
  available  to or conferred upon any unit, entity, officer or employee of
  the state or municipality or any other level of government, or any right
  to defense and indemnification provided for any governmental officer  or
  employee by, in accordance with, or by reason of, any other provision of
  state or federal statutory or common law.
    3. The commissioner of transportation shall have the power to purchase
  (a) materials for such maintenance and repair, except where such work is
  done by contract, and to contract for the delivery thereof at convenient
  intervals  along such highways, and (b) equipment and appliances that he
  may deem necessary to carry out the  provisions  of  this  section.  Any
  municipality,  acting  by and through its authorized official, is hereby
  empowered to rent its machinery, tools, equipment, and storage space, to
  the state, acting by and through the commissioner of transportation, for
  the purpose of such control of snow and ice upon such terms and at  such
  rate  as  may be agreed between the municipality and the commissioner of
  transportation. Notwithstanding the provisions of any  general,  special
  or  local law or of any charter, the governing board or body of any such
  municipality is hereby authorized to  sell  such  machinery,  tools  and
  equipment  to  the  state,  acting  by  and  through the commissioner of
  transportation, for the purposes of this section and without competitive
  bidding or other limitation or  restriction  provided  in  any  general,
  special  or  local  law  or  of  any  charter,  and  the commissioner of
  transportation, may, upon approval by  the  state  comptroller  and  the
  state  commissioner  of general services, purchase such machinery, tools
  and equipment from any such municipality as herein provided.
    4. Whenever funds therefor are made  available,  the  commissioner  of
  transportation  shall  have power to acquire for the state, by purchase,
  or by appropriation through the procedure described in section thirty of
  this chapter, property  for  the  purpose  of  storing,  maintaining  or
  processing  construction and maintenance supplies, material or equipment
  and for the purpose of providing, erecting and maintaining  offices  for
  department   personnel   and  structures  for  storing,  maintaining  or
  processing construction and maintenance materials or equipment.
    5. Whenever a state highway has been constructed at  a  greater  width
  than that provided in the original plans, upon petition of a village, as
  provided  in  sections  forty-six and forty-seven, or upon petition of a
  town or county, as provided  in  sections  forty-eight,  forty-nine,  or
  fifty-nine,  or  whenever  such  highway  has  been widened by a town or
  county under a permit granted as provided in, or  under  conditions  and
  regulations  prescribed  pursuant  to  section fifty-two, the additional
  width of pavement shall be deemed to be a part of the highway and  shall
  be  maintained by the commissioner of transportation as provided herein,
  but in no case where any such  highway  has  been  widened  as  provided

  above, shall the state be responsible for the maintenance of any curb or
  of  any  paved  gutter or paved shoulder, provided, however, that on any
  highway maintained by the state the commissioner shall have authority to
  clean  any  pavement  or  paved gutter or repair any unpaved shoulder or
  unpaved gutter outside of the pavement maintained by  the  state,  where
  necessary for the protection of such pavement.
    6.  Whenever  the  head of any state department having jurisdiction or
  control over lands  owned  and  occupied  by  the  state,  requests  the
  commissioner  of  transportation  to maintain and to repair any road and
  driveway  which  is  located  on,  over  and  across  such  lands,   the
  commissioner of transportation is, notwithstanding the provisions of any
  general,  special  or local law, authorized to grant such request by his
  official order therefor. Such official order  shall  contain  a  general
  description  of  any  such  road  and driveway. A certified copy of such
  official order shall be filed by the commissioner of  transportation  in
  the  office  of  (a) the state department having jurisdiction or control
  over such lands, and (b) the department of audit and control.  Thereupon
  any such road and driveway shall be maintained and  repaired  under  the
  direct  supervision and control of the commissioner of transportation in
  the same manner as is provided in this section for the  maintenance  and
  repair of improved state highways in towns and in incorporated villages.
    7.  Whenever  the head of any state department, agency, institution or
  public benefit corporation having jurisdiction or control over the lands
  owned and occupied by the state or such department, agency,  institution
  or  public  benefit  corporation requests the commissioner to construct,
  reconstruct, and/or maintain any loop or peripheral roadway which is  or
  is to be located on, around, over, or across such lands, notwithstanding
  the provisions of any general, special or local law, the commissioner is
  authorized  to  grant  such  request  and  undertake  such construction,
  reconstruction and/or maintenance.    Before  undertaking  the  work  of
  construction,  reconstruction  and/or  maintenance of such roadways, the
  commissioner and the head of the state department,  agency,  institution
  or  public  benefit  corporation  shall  enter into a written agreement,
  subject to the approval of the director of  the  budget,  providing  the
  funds  therefor,  or  reimbursement  by  such  state department, agency,
  institution  or  public  benefit  corporation  of  the  funds  therefor,
  including  all  costs incurred by the department in connection with such
  construction, reconstruction and/or  maintenance.  Where  such  loop  or
  peripheral roadway is to be constructed, reconstructed and/or maintained
  on  lands  occupied  by  either  the state university of New York or the
  state university construction fund, both the  state  university  of  New
  York and the state university construction fund shall be parties to such
  agreement.    Such  roadway  shall  be constructed, or reconstructed, to
  mutually agreeable standards, in the same manner as state  highways  are
  constructed  or  reconstructed pursuant to this chapter. The maintenance
  of such roadway shall be in  the  same  manner  as  provided  for  state
  highways  in this chapter. If such a maintenance agreement extends for a
  period greater than one year, the funds shall be made available for,  or
  reimbursed,  on  an  annual  basis.  The  head of such state department,
  agency, institution or public benefit  corporation  may  terminate  such
  maintenance agreement upon six months written notice to the commissioner
  making  provision  for the department of transportation to be reimbursed
  for all costs incurred by such department up to such  termination  date.
  In  connection  with  the maintenance of such a roadway the commissioner
  shall cause an official order to be issued therefor. Such official order
  shall contain a general description of such roadway. A certified copy of
  such official order shall be filed by the commissioner in the office  of
  the  head of the state department, agency, institution or public benefit

  corporation making such request for maintenance and with the  department
  of audit and control.