Section 10-A - Special powers of the commissioner of transportation1. 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.13.(a) The state shall defend any unit, entity, officer or employee of the New York state thruway authority using the forces of the department of law in any action, proceeding, claim, demand or the prosecution of any appeal arising from or occasioned by the acts or omissions to act in the performance of the functions of the department pursuant to a shared services agreement.(b) Defense pursuant to paragraph (a) of this subdivision shall be conditioned upon the full cooperation of the New York state thruway authority.(c) The state shall indemnify and hold harmless any unit, entity, officer or employee of the New York state thruway authority in the amount of any judgment obtained against the New York state thruway authority or in the amount of any settlement the New York state thruway authority enters into with the consent of the state for any and all claims, damages or liabilities arising from or occasioned by the acts or omissions to act of the department pursuant to a shared services agreement, provided, however, that the act or omission from which such judgment or settlement arose occurred while the department was acting within the scope of its functions pursuant to a shared services agreement. Any such settlement shall be executed pursuant to section twenty-a of the court of claims act.(d) Any claim or proceeding commenced against any unit, entity, officer or employee of the department pursuant to any shared services agreement 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 department, or to impair, alter, limit, modify, abrogate or restrict 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.(e) This subdivision shall not in any way affect the obligation of any claimant to give notice to the state under sections ten and eleven of the court of claims act or any other provision of law provided, however, that notice served upon the state or the authority shall be valid notice on both parties to the agreement, when such claim arises out of such agreement. The state and authority shall notify each other when they receive a notice of claim, notice of intention to make a claim or a claim arising out of such agreement.(f) 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.(g) Notwithstanding any other provision of law, employees of the thruway authority, its subsidiaries and the department shall be deemed employees of all such entities and the state for purposes of the workers' compensation law.(h) Any payment made pursuant to this subdivision or any monies paid for a claim against or settlement with the department or the New York state thruway authority pursuant to this section and pursuant to a shared services agreement shall be paid from appropriations for payment by the state pursuant to the court of claims act.Amended by New York Laws 2015, ch. 58,Sec. G-3, eff. 4/13/2015.