Section 14-K. Multi-modal program

1.  There  is  hereby established the
  "multi-modal program". The commissioner is hereby  authorized  to  enter
  into  a  contract,  lease  or  agreement with the New York state thruway
  authority for the financing by such authority of the multi-modal program
  as authorized by law.
    2. Program funds shall be provided pursuant to annual appropriation or
  pursuant to authorization by the legislature for capital projects.
    3.  The  commissioner  is  hereby  vested  with  the   authority   and
  responsibility to approve funding for projects authorized in subdivision
  four  of  this  section.  The  funding  of  projects  will  be made upon
  application, in a format prescribed by the commissioner, by the  project
  sponsor for funding of prior expenditures.
    4. Multi-modal projects shall be limited to:
    (a)  project  costs  for  construction,  reconstruction,  improvement,
  reconditioning and preservation of rail freight facilities and  for  the
  project costs of intercity rail passenger facilities and equipment where
  the  service  life  of  the  project  is  at least ten years. Funding of
  project expenditures for an approved project shall require certification
  by the project sponsor to the department that the project has a  service
  life  of  ten  or  more years. Such certification shall include any such
  information as may be necessary to maintain, if applicable, the  federal
  tax exempt status of bonds, notes or other obligations issued by the New
  York  state  thruway authority for such purposes. The commissioner shall
  request the project sponsors to furnish such information in  writing  as
  may be necessary;
    (b)  project  costs  for  construction,  reconstruction,  improvement,
  reconditioning and preservation of state, municipal, or privately  owned
  ports  where  the  service  life  of  the project is at least ten years.
  Funding of project expenditures for an approved  project  shall  require
  certification  by the project sponsor to the department that the project
  has a service life of  ten  or  more  years.  Such  certification  shall
  include  any  such  information  as  may  be  necessary  to maintain, if
  applicable, the federal tax exempt  status  of  bonds,  notes  or  other
  obligations  issued  by  the  New  York state thruway authority for such
  purposes. The commissioner shall request the project sponsors to furnish
  such information in writing as may be necessary;
    (c)  project  costs  of  construction,  reconstruction,   improvement,
  reconditioning  and  preservation of municipal airports, privately owned
  airports and aviation capital facilities, excluding airports operated by
  the state or operated by a bi-state municipal corporate instrumentality,
  for which federal funding is  not  available  provided  the  project  is
  consistent  with an approved airport layout plan, where the service life
  of the project is at least ten years. Funding  of  project  expenditures
  for an approved project shall require certification that the project has
  a  service  life  of ten or more years. Such certification shall include
  any such information as may be necessary to maintain, if applicable, the
  federal tax exempt status of bonds, notes or other obligations issued by
  the New York state thruway authority for such purposes. The commissioner
  shall request the  project  sponsors  to  furnish  such  information  in
  writing as may be necessary;
    (d)   project  costs  of  construction,  reconstruction,  enhancement,
  improvement, replacement,  reconditioning,  restoration,  rehabilitation
  and  preservation  of  state,  county,  town,  city  and  village roads,
  highways, parkways and bridges where the service life of the project  is
  at  least  ten  years.  Funding  of project expenditures for an approved
  project shall require certification from the project sponsor that:
    (i) the project has a service life of ten or more years;

    (ii) program funds are not to be used  for  the  mandated  non-federal
  share of federally funded projects;
    (iii)  the  amount  of  funds  requested  is  no  greater  than  prior
  unreimbursed  municipal  project  expenditures  for  work  completed  or
  materials incorporated in qualifying projects; and
    (iv)  the  amount  of  municipal funds appropriated for transportation
  capital projects by municipalities shall not be reduced because  of  the
  availability of these funds.
    The  commissioner  shall  request the project sponsors to furnish such
  information in writing as may be necessary. For  the  purposes  of  this
  section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
  extension railroad authority shall be an authorized project sponsor.
    By  written  agreement  between them, a county may act for one or more
  cities, towns or villages in the implementation of projects eligible for
  funding pursuant to this paragraph. A copy of such  agreement  shall  be
  filed with the commissioner; and
    (e)  project  costs  for  construction,  reconstruction,  improvement,
  reconditioning and preservation of fixed ferry facilities  of  municipal
  and  privately  owned ferry lines for transportation purposes, where the
  service life of the project is  at  least  ten  years.  Funding  of  the
  project expenditures for an approved project shall require certification
  by  the project sponsor to the department that the project has a service
  life of ten or more years. Such certification  shall  include  any  such
  information  as may be necessary to maintain, if applicable, the federal
  tax exempt status of bonds, notes or other obligations issued by the New
  York state thruway authority for such purposes. The  commissioner  shall
  request  the  project sponsors to furnish such information in writing as
  may be necessary.