Section 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.