NY-HAY Highway Law NY

Short title. This chapter shall be known as the "Highway Law."

Definitions. 1. When used in this chapter, unless the context or

subject matter otherwise requires, the terms "state department of

transportation," "state transportation department," "department of

transportation," "transportation department," "department," "state

commissioner of transportation," "commissioner of transportation,"

"commissioner," and "state engineer," shall each be deemed to refer to

and to mean the state department of transportation and the state

commissioner of transportation, respectively.

2. The term "county engineer" or "county superintendent," when so

used, shall mean the county engineer of highways or county

superintendent of highways respectively.

3. The term "town superintendent," when so used, shall mean the town

superintendent of highways.

4. A highway within the meaning of this chapter shall be deemed to

include necessary sluices, drains, ditches, waterways, embankments,

retaining walls and culverts having a width of opening of twenty feet or

less except as provided in section two hundred and thirty, and also the

approaches of any bridge or culvert beginning at the back of the

abutments. The pavement over any such bridge or culvert may also be

included as a part of the highway provided such pavement is separated

from such structure by an earth fill.

5. An "infant", as used in this chapter, shall mean any person who has

not attained the age of eighteen years.

Classification of highways. Highways are hereby divided into five

classes.

1. State highways are those constructed or improved under this chapter

at the sole expense of the state, including the highways specified and

described in sections three hundred and forty and three hundred and

forty-one of this chapter and acts amendatory thereof, including the

highways heretofore classified or referred to as county highways

elsewhere in this chapter and heretofore constructed or improved at the

joint expense of state, county and town, or state and county as

heretofore provided by law.

2. Controlled access highways are those state highways which are

entirely or partly constructed, reconstructed or improved at a location

where no public highway theretofore existed and to and from which the

owners or occupants of abutting property or of any other persons shall

have no right of access either as pedestrians, as operators of vehicles

or in any other capacity, excepting at junctions of such highways with

other public highways, and also excepting as such access may be reserved

pursuant to the description and map of the property which has been or

which hereafter shall be acquired in accordance with this chapter for

the purpose of such controlled access highways.

3. State thruways are those highways specified and described in

section three hundred forty-nine-a of this chapter, constructed,

improved or reconstructed as provided in such section.

4. County roads are those roads constructed, improved, maintained and

repaired under article six of this chapter and roads constructed or

improved under a general or special law, which are maintained by the

county.

5. Town highways are those constructed, improved or maintained by the

town with the aid of the state or county, under the provisions of this

chapter, including all highways in towns, outside of incorporated

villages constituting separate road districts which do not belong to

either of the two preceding classes.

General powers and duties of the commissioner of transportation

relating to highways. The commissioner of transportation shall:

1. Have general supervision of all highways and bridges which are

constructed, improved or maintained in whole or in part by the aid of

state moneys.

2. Cause surveys, maps, plans, specifications and estimates to be made

for the improvement, construction and maintenance of state highways.

2-a. In consultation with the commissioner of commerce and the

commissioner of parks and recreation, cause the preparation and

distribution of a highway map for the state, including but not limited

to a representation of the state highway system, the thruway system, the

principal bikeways and highway systems of the municipalities within the

state. Such map shall be intended to facilitate travel and promote

tourism throughout the state, and shall not be admissible in any

proceeding as proof of ownership, location or condition of the highways

represented thereon.

3. Cause investigations and reconnaissance surveys to be made for the

purpose of ascertaining and determining the practicability and

feasibility of extensions to the system of state highways by the

construction of possible branches or cut-offs from state highways for

the purpose of affording by-passes around cities, villages and hamlets

of the state to relieve traffic congestion therein, and also for the

construction of additional routes to relieve traffic congestion on

present main routes. The expense of such investigations and

reconnaissance surveys shall be a proper charge against funds available

for the construction, reconstruction or maintenance of state highways.

4. Approve and determine the final plans, specifications and estimates

for state highways and cause a contract to be let for the construction

or improvement of same after due advertisement.

5. Direct and cause to be made such repairs of state highways as he

deems necessary, within the estimates and appropriations made therefor.

6. Cause an inspection and examination to be made of all work on state

highways.

7. Annually cause to be inspected all improved state highways, and

shall require a complete report of such inspection which shall show the

condition of the highway inspected, the necessary work to be performed

in the repair and maintenance of such highways, and the estimated cost

thereof.

8. Approve and certify to the monthly estimates of allowances for work

being performed under any contract let for the construction, improvement

or maintenance of state highways.

9. Prescribe rules and regulations not inconsistent with law, fixing

the duties of county and town superintendents in respect to all highways

and bridges and determining the method of the construction, improvement

or maintenance of such highways and bridges. Such rules and regulations

shall, before taking effect, be printed and transmitted to the highway

officers affected thereby.

9-a. Prescribe rules and regulations not inconsistent with law, fixing

the duties of county and town superintendents, in respect to oil spill

control, pursuant to authority given the commissioner in section one

hundred seventy-seven of the navigation law.

10. Compel compliance with laws, rules and regulations relating to

highways and bridges by highway officers and see that the same are

carried into full force and effect.

11. Aid county and town superintendents in establishing grades,

preparing suitable systems of drainage and advise with them as to the

construction, improvement and maintenance of highways and bridges.

12. Investigate and determine upon the various methods of road

construction adapted to different sections of the state, and as to the

best methods of construction and maintenance of highways and bridges.

13. Compile statistics relating to the public highways throughout the

state, and collect such information in regard thereto as he shall deem

expedient.

14. Cause public meetings to be held whenever he deems it advisable,

in each district or county, for the purpose of furnishing such general

information and instructions as may be necessary, regarding the

construction, improvement or maintenance of the highways and bridges and

the application of the highway law, and the rules and regulations of the

department, and also for the purpose of hearing complaints. He shall

notify the county engineer or county superintendent of his intention to

hold such meeting or meetings, specifying the date and the place

thereof.

15. Prepare tables showing the total number of miles of highways in

the state, by town and county, and file a copy of the same in the office

of the comptroller.

16. Aid at all times in promoting highway improvement throughout the

state, and perform such other duties and have such other powers in

respect to highways and bridges as may be imposed or conferred on him by

law.

17. When the corners of the boundaries of counties, cities, villages

and subdivision lots of towns shall have been located, as provided in

subdivision ten of section one hundred and two of this chapter, the

commissioner shall cause a monument to be accurately set at each such

corner, except in cases where the improvement of such highway or road

has been completed prior to the location of such corners as provided in

such subdivision. Such monuments shall be of some durable material and

shall be so set that the top thereof shall be on a level with the

surface of such improved highway or road. The cost and expense of such

monuments and the setting of the same shall be a state charge.

18. Include in his annual report to the legislature a statement of the

condition of the highways and bridges, the progress of the improvement

and maintenance of state highways, county roads and town highways, the

amount of moneys received and expended during the year, upon highways

and bridges and such matters, as in his judgment, should be brought to

the attention of the legislature, together with recommendations as to

such measures in relation to highways as the public interests require.

18-a. Include, in addition to the requirements of subdivision eighteen

of this section, in his or her annual report to the legislature a

statement of the number of motor vehicle collisions with bridges and

elevated structures on or crossing highways under the jurisdiction of

the department during the previous year, the location of such

collisions, any repairs completed including any actions performed at or

around such bridges and elevated structures to prevent the future

occurrence of such collisions, any efforts of the department during the

previous year to prevent such collisions, and any recommendations in

relation to preventing such motor vehicle collisions with bridges and

elevated structures. Nothing contained herein shall be deemed to

supersede any other reporting requirements otherwise imposed upon the

department by law, rule or regulation.

19. During the construction or improvement of a state highway, if such

highway be closed to the traveling public and another existing highway

is caused to be used in lieu of the closed highway as provided in

section one hundred and four of this chapter, provide, erect and

maintain a sufficient number of detour signs so that the temporary route

or detour shall be clearly indicated throughout its entire length, and

upon the discontinuance of said temporary route or detour, shall cause

such signs to be removed, and the cost of all thereof shall be paid out

of any funds available for the construction, improvement or

reconstruction of state highways.

20. Whenever the construction or improvement of a state highway or

section thereof under a contract shall be completed and the final

payment therefor shall have been made, prepare a statement of the cost

of such construction or improvement, including engineering expenses,

inspection and all charges and expenses properly chargeable thereto,

showing in detail the date of each payment, and the purpose and amount

of such payment. Such payments shall be grouped as far as practicable by

dates and the total thus obtained shall be deemed the cost of such

construction or improvement.

21. Provide for the separation of highway-railroad crossings at grade

under the act known by the short title of "grade crossing elimination

act." He shall also provide for such work as he is authorized to perform

under the provisions of the railroad law, and the portion of the cost of

such work which is payable by the state under section ninety-four of the

railroad law shall be paid out of any funds available for the

construction, improvement or reconstruction of state highways.

22. Provide for the construction of sidewalks adjacent to state

highways outside of cities and incorporated villages, when he is of the

opinion the same are necessary. He shall have full authority to

determine the type, width, location with respect to the highway, and the

general construction details of such sidewalks. The expense of such

construction shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways.

23. Provide for the installation and maintenance of lights on such

state highways as he is of the opinion are necessary. The expense of

such installation and maintenance shall be a proper charge against funds

available for the construction, reconstruction or maintenance of state

highways.

24. Have power, whenever such commissioner of transportation deems it

is necessary as a result of work of construction, reconstruction or

maintenance of state highways, to provide at the expense of the state

for the removal, relocation, replacement and reconstruction of water

mains, sewer pipes, communication systems, fire alarm systems, street

lighting, traffic control systems and any other similar facilities that

are owned by any municipality and are maintained for public use and to

participate in the expense of the removal, relocation, replacement and

reconstruction of all other types of facilities or parts thereof that

are owned by any municipality and are maintained for public use, the

state's share of such expense not to exceed the appraised value of such

facilities or parts thereof, as the case may be, as determined by the

commissioner of transportation. However, in connection with any

federally funded highway project, the commissioner of transportation may

agree to pay an amount not to exceed the state's share, based on its

proportionate share of the cost of the entire highway project, of the

functional replacement cost of any of the aforesaid facilities owned by

any municipal corporation, school district, board of cooperative

educational services, public benefit corporation or any other state or

municipal governmental agency where the federal government agrees to pay

its share of such functional replacement cost, which shall be based on

its proportionate share of the cost of the entire project. If such work

requires additional property or if it is necessary that the relocation

of such facilities be made to other property, he may acquire such

property as may be necessary for the purposes of this subdivision, in

the same manner as other property is acquired for state highway purposes

pursuant to this chapter, and he may enter into a written agreement with

the municipality involved to convey such property as deemed necessary

for the purposes of this subdivision to such municipality on terms

beneficial to the state. The expense of such removal, relocation,

replacement and reconstruction or the state's share thereof, as the case

may be, shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways, and such

work may be performed by contract in the same manner as provided for

state highways in article three of this chapter, or, by the use of

departmental forces and equipment and of materials purchased therefor.

However, if the commissioner of transportation deems it to be in the

interest of the public, he may contract with the municipality, upon such

terms as he may deem advantageous to the state, to have such work

performed (a) by the employment of the forces and the use of the

equipment of such municipality and by the use of any material on hand or

necessary to be purchased by such municipality or (b) by such other

method as such commissioner of transportation shall approve or (c) by a

combination of the methods provided in this subdivision. Any such

municipality is hereby authorized to enter into such contract for the

purposes of this subdivision. In all cases pursuant to this section

where the state is to pay part of the expense of removal, relocation,

replacement and reconstruction of any facilities that are municipally

owned and that are maintained for public use, the commissioner of

transportation, if he deems it in the best interest of the state, may

offer to remove, relocate, replace or reconstruct such facilities and

may prepare plans, specifications and estimates of cost of such

projects, together with an estimate of the share of the expense to be

borne by the municipality, which shall be submitted to the governing

board of such municipality. If the municipality approves such plans,

specifications and estimates of cost and share of the expense, it shall

by resolution appropriate the funds necessary to pay its share of the

expense. A certified copy of the resolution shall be filed with the

commissioner of transportation and with the state comptroller and the

funds shall, prior to the award of a contract, be deposited by the

municipality with the state comptroller subject to the draft or

requisition of the commissioner of transportation. Upon the completion

and acceptance of the work such facilities shall be maintained by the

municipality. As used in this subdivision, the term "municipality" shall

include a public water authority.

24-a. Have power, whenever such commissioner of transportation deems

it is necessary as a result of work of construction, reconstruction or

maintenance of state highways to provide for the removal, relocation,

replacement and reconstruction of any facilities of the United States

government. The expense of such removal, relocation, replacement and

reconstruction shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways, and such

work may be performed by contract in the same manner as provided for

state highways in article three of this chapter, or by the use of

departmental forces and equipment and of materials purchased therefor.

Upon the completion and acceptance of the work done pursuant to this

subdivision such facilities shall be maintained by the United States

government.

24-b. Have power, whenever such commissioner of transportation deems

it is necessary as a result of work of construction, reconstruction or

maintenance of state highways, to provide for the removal, relocation,

replacement or reconstruction of privately, publicly or cooperatively

owned water, storm and sewer lines and facilities, facilities for the

transmission and/or distribution of communications, power, electricity,

light, heat, gas, crude products, steam and other similar commodities,

municipal utility facilities, or facilities of a corporation organized

pursuant to the transportation corporations law that are located on

privately owned property. If such work requires additional property or

if it is necessary that the relocation of such facilities be made to

other property, he may acquire such property as may be necessary for the

purposes of this subdivision, in the same manner as other property is

acquired for state highway purposes pursuant to this chapter, and he and

the owner of such facilities may enter into a written agreement to

convey such property as deemed necessary for the purposes of this

subdivision to such owner on terms beneficial to the state. The expense

of such removal, relocation, replacement or reconstruction and cost of

property acquisition shall be a proper charge against funds available

for the construction, reconstruction or maintenance of state highways.

Except when such facilities are owned by a corporation organized

pursuant to the transportation corporations law, the work of such

removal, relocation, replacement or reconstruction shall be performed by

contract in the same manner as provided for state highways in article

three of this chapter, or, by the use of departmental forces and

equipment and of materials purchased therefor, unless the commissioner

of transportation consents to having the owner of such facilities

provide for the work of such removal, relocation, replacement or

reconstruction. In the case where such facilities are owned by a

corporation organized pursuant to the transportation corporations law,

the work of such removal, relocation, replacement or reconstruction

shall be provided for by such corporation unless it consents to having

the commissioner of transportation provide for such work to be performed

by contract, in accordance with specifications provided by such

corporation, in the same manner as provided for state highways in

article three of this chapter, or, by the use of departmental forces and

equipment and of materials purchased therefor. Upon the completion of

the work, such facilities shall be maintained by the owners thereof.

In the event that the commissioner of transportation, in connection

with the work of construction, reconstruction or maintenance of state

highways, encounters such facilities, other than facilities owned by a

corporation organized pursuant to the transportation corporations law or

operating as a transportation corporation that are located within the

highway right-of-way, he may provide for the removal, relocation,

replacement or reconstruction of such facilities as he deems it

necessary. To the extent the commissioner determines it equitable, the

expense of such removal, relocation, replacement or reconstruction shall

be a proper charge against funds available for the construction,

reconstruction or maintenance of state highways pursuant to the

provisions of this subdivision, and such work shall be performed by

contract in the same manner as provided for state highways in article

three of this chapter, or, by the use of departmental forces and

equipment and of materials purchased therefor, unless the commissioner

of transportation consents to having the owner of such facilities

provide for the work of such removal, relocation, replacement or

reconstruction. In the event that the commissioner of transportation

determines prior to undertaking such removal, relocation, replacement or

reconstruction that the owner of such facilities is responsible for all

or any portion of such expense he shall enter into a written agreement

with such owner, for the purpose of providing funding, and the deposit

with the state comptroller of such funds as are determined by the

commissioner to be sufficient to provide for such owner's share of the

expenses. The state comptroller is authorized to receive and accept such

funds subject to a draft or requisition from the commissioner of

transportation. If the funds deposited with the state comptroller are

subsequently determined by the commissioner to be insufficient to meet

such owner's share, the owner shall in every case be responsible for any

balance due. When such work has been completed, the commissioner of

transportation shall render an accounting to the owner, and any surplus

moneys shall be paid to such owner, without interest, on the warrant of

the comptroller on vouchers therefor approved by the commissioner of

transportation. Upon completion of the work, such facilities shall be

maintained by the owners thereof.

In the event that the commissioner of transportation, in connection

with the work of construction, reconstruction or maintenance of state

highways, encounters such facilities of a corporation organized pursuant

to the transportation corporations law or operating as a transportation

corporation that are located within the highway right-of-way, he shall

provide compensation for the fair and reasonable cost of the removal,

relocation, replacement or reconstruction of such facilities provided

the following conditions are met:

(a) the project for which such facilities are to be removed, relocated

or replaced or reconstructed must be federally funded and the cost of

such removal, relocation, replacement or reconstruction are a part of

the approved project cost by the appropriate federal authorities; and

(b) such compensation shall be provided only: (i) for the interstate

category of projects; and (ii) for the other categories of projects only

when a specific appropriation has been made for such purpose; and

(c) for those categories for which compensation is provided the

commissioner of transportation shall reimburse the corporation at a rate

not less than the rate of reimbursement as the state shall receive from

the federal government; and

(d) such corporation enters into an agreement with the commissioner of

transportation in connection with undertaking the work of removal,

relocation, replacement or reconstruction which shall specify the amount

or the basis of compensation that is to be provided toward the fair and

reasonable cost of such removal, relocation, replacement or

reconstruction.

The fair and reasonable cost of such removal, relocation, replacement

or reconstruction shall mean the amount paid by such a corporation

properly attributable to the work of such removal, relocation,

replacement or reconstruction of such facilities after deducting

therefrom any betterment incorporated into the new facilities plus the

salvage value and depreciation from the old facility determined by the

established methods utilized by the state. Nothing in this subdivision

shall be construed to grant to the owner of such private facilities

within the highway right-of-way any greater or new rights, other than as

provided herein, to compensation for removals, relocations, replacements

or reconstructions of such facilities in connection with work of

construction, reconstruction or maintenance of state highways that

existed prior to the effective date of the amendment to this subdivision

and compensation to be paid hereunder is strictly limited as provided

herein.

24-c. Have power, whenever such commissioner of transportation deems

it necessary as a result of work of construction, reconstruction,

improvement or maintenance of state highways, including the separation

of highway-railroad crossings, pursuant to this chapter, and the

construction or reconstruction of highway-railroad crossings at grade,

to provide for the removal, relocation, replacement, alteration and

reconstruction of railroad facilities normally used for the maintenance

and operation of the railroad and including tracks, signals,

communication lines, electrical lines, sewer lines, water lines,

buildings, structures and their appurtenances. Such removal, relocation,

replacement, alteration or reconstruction of facilities may be performed

on property of the railroad company. If such work requires additional

property or if it is necessary that the consequential relocation of such

facilities be made to other property, he may acquire such property as

may be necessary for the purposes of this subdivision, in the same

manner as other property is acquired for state highway purposes pursuant

to this chapter, and he may enter into a written agreement with the

owner of the railroad lands to convey such property as deemed necessary

for the purposes of this subdivision to such owner on terms beneficial

to the state. The expense of such removal, relocation, replacement,

alteration or reconstruction and right of way acquisition shall be a

proper charge against funds available for the construction,

reconstruction, improvement or maintenance of state highways, and such

work may be performend by contract in the same manner as provided for

state highways in article three of this chapter, or, by the use of

departmental forces and equipment and of materials purchased therefor.

However, if the commissioner of transportation deems it to be in the

interest of the public, he may contract with the railroad, upon such

terms as he may deem advantageous to the state, to have such work

performed (a) by the employment of the forces and the use of the

equipment of such railroad and by the use of any material on hand or

necessary to be purchased by such railroad or (b) by such other method

as such commissioner of transportation shall approve or (c) by a

combination of the methods provided in this subdivision. In the event

that the commissioner of transportation and the railroad are unable to

agree upon the terms of such contract, the commissioner shall notify the

railroad, in writing, of his intent to issue an order directing the

railroad to have such work performed as required of its forces and to

permit entry upon railroad lands of employees and agents of the

department of transportation in order to perform such work as the

commissioner of transportation shall deem necessary. The railroad shall

have thirty days after the receipt of such notification in which it may

request a hearing before the commissioner of transportation. The

commissioner of transportation shall give the railroad notice of not

less than ten days of the time and place scheduled for such hearing. If

a hearing is not requested or if, after such hearing is held, agreement

between the parties is not reached, the commissioner of transportation

may issue such order directing the railroad to have such work performed.

Such order shall require the railroad to submit an estimate of the cost

of work required of its forces including the material necessary to

perform such work, which cost, subject to the approval of the

commissioner of transportation, shall be reimbursed by the state in

accordance with the terms of such order. Such order shall also include

terms protecting the railroad in the safe and uninterrupted maintenance

and operation of said railroad during the performance of any work on

railroad lands by employees and agents of the department of

transportation, if their entry upon railraod lands for such work is

deemed necessary by the commissioner of transportation as hereinabove

provided. Upon the completion and acceptance of the work such facilities

shall be owned and maintained by the railroad.

24-d. Have power, whenever such commissioner of transportation deems

it is necessary as a result of work of construction, reconstruction or

maintenance of state highways, to provide for the re-establishment of

private access to a public road where such access is destroyed by

acquisition of right of way for the project. If such re-establishment of

private access requires additional property or if it is necessary that

such re-establishment of private access be made to other property, he

may acquire such property as may be necessary for the purposes of this

subdivision, in the same manner as other property is acquired for state

highway purposes pursuant to this chapter, and he may enter into a

written agreement with the owner of such private access to convey such

property as deemed necessary for the purposes of this subdivision to

such owner on terms beneficial to the state. The expense of such

re-establishment of private access shall be a proper charge against

funds available for the construction, reconstruction or maintenance of

state highways, and such work may be performed by contract in the same

manner as provided for state highways in article three of this chapter,

or, by the use of departmental forces and equipment and of materials

purchased therefor, or by a combination of such methods. Upon the

completion of the work, such re-established private access shall be

maintained by the owners thereof.

25. Have power to combine, connect, alter, relocate, terminate, and

pave intersecting highways, roads or streets and to provide drainage

therefor; to divert traffic from an existing highway, road or street to

an existing or a new highway, road or street, and to provide, when he

deems it to be in the interest of public safety, for a suitable

structure or structures across highways to accommodate at an adjusted

grade the continuity of such highways, roads or streets by an under-pass

or over-pass, and to adjust grades and traffic to such structures; to

plan, designate, construct, alter, improve and vacate frontage, marginal

and service roads, in connection with the development of any controlled

access facility; and to acquire such property as may be necessary for

the purposes of this subdivision, in the same manner as other property

is acquired for state highway purposes pursuant to this chapter. The

cost of the work and of the acquisition of property as provided in this

subdivision shall be a proper charge against funds available for the

construction, reconstruction or improvement of state highways. Any such

frontage, marginal or service road or portion of intersecting highway,

road or street upon which such work is completed shall, if not

determined by the commissioner of transportation to be a part of the

state highway system, be maintained by the municipality or the

municipalities in which such frontage, marginal or service road or such

portion of intersecting highway, road or street is located, except that

if the intersecting highway, road or street or the frontage, marginal or

service road is under the jurisdiction of an authority, commission or

other public agency, said portion thereof shall, if not determined by

the commissioner of transportation to be a part of the state highway

system, be maintained as determined jointly by the commissioner of

transportation and the chairman or chief executive officer of the

authority, commission or other public agency.

26. Provide for the separation of highway-railroad crossings and

construction of highway-railroad crossings at grade where in the

construction or reconstruction of any part of the state highway system,

or county roads with federal-aid, or where highways, roads or streets

are combined, connected, altered or relocated pursuant to this section,

an additional crossing of a railroad is made at a place where no highway

grade crossing exists. In the discretion of the commissioner of

transportation, and in connection with the construction or

reconstruction of any part of the state highway system, a structure may

be constructed to eliminate an existing crossing at grade of a railroad

and a state highway or of a railroad and a highway which intersects or

closely parallels a state highway. The commissioner of transportation

may also, in connection with the construction or reconstruction of any

part of the state highway system, or county roads with federal-aid,

provide for the reconstruction of existing highway-railroad separation

structures or highway-railroad crossings at grade on any part of the

state highway system, or on county roads with federal-aid, or on

highways, roads or streets combined, connected, altered, or relocated

pursuant to this section.

The cost of construction or reconstruction of such separation

facilities or grade crossings, including the cost of such crossing

protection as is ordered by the commissioner of transportation, shall be

a proper charge against funds available for the construction or

reconstruction of state highways or county roads.

Notwithstanding the provisions of section ninety-three of the railroad

law, structures hereafter constructed or reconstructed pursuant to this

subdivision to separate the grade of railroads and any part of the state

highway system shall be maintained upon completion as follows: (a) A

structure and its supports which carries railroad tracks over the state

highway shall be maintained and repaired by the operating railroad

corporation or corporations. (b) A structure and its supports which

carries a state highway over railroad tracks shall be maintained and

repaired by the state. This maintenance provision shall not apply to

structures constructed or reconstructed pursuant to section three

hundred forty-b, three hundred forty-d and three hundred forty-nine-c of

this chapter.

26-a. Have power, whenever such commissioner of transportation deems

it to be in the best interest of the state, in connection with work upon

certain bridges for which the maintenance responsibility is divided

between the state and a railroad corporation, where such work is

authorized pursuant to this chapter or the transportation law and upon

the request of the railroad corporation, to provide for the

reconstruction, repair or alteration of bridge structures, bridge

supports, bridge approaches or any other bridge parts which are the

maintenance responsibility of such railroad corporation. The expense of

such reconstruction, repair or alteration shall be borne entirely by the

railroad corporation except so much thereof as would constitute

compensable damages under any provision of law. Whenever the

commissioner of transportation shall approve such a request of a

railroad corporation, he shall, with the assistance of such railroad

corporation, make an estimate of the cost of the work which he is

requested to perform in accordance with plans and specifications

submitted to him by the railroad corporation. Such railroad corporation

shall thereupon deposit with the state comptroller, who is authorized to

receive and accept the same for the purposes of this subdivision, a sum

equal to such estimate and subject to the draft or requisition of the

commissioner of transportation. If at any time during the course of the

work the commissioner of transportation deems the sum submitted by the

railroad corporation to be insufficient to meet anticipated costs of the

work, he shall notify the railroad corporation of such anticipated

deficiency, whereupon the railroad corporation shall deposit with the

state comptroller, who is authorized to receive and accept the same

subject to the draft or requisition of the commissioner of

transportation, such additional sum as is deemed necessary by the

commissioner of transportation to meet anticipated costs. When the work

authorized by this subdivision has been completed the commissioner of

transportation shall render to the railroad corporation an itemized

statement showing in full (a) the amount of money that has been

deposited by such railroad corporation with the state comptroller as

hereinbefore provided, and (b) all disbursements made pursuant to this

subdivision including a proportionate charge for engineering. Any

surplus money shall be paid to such railroad corporation, without

interest, on the warrant of the comptroller on vouchers therefor

approved by the commissioner of transportation.

26-b. Have power, whenever the commissioner of transportation deems it

in the best interests of the state to do so and with the written

permission of the railroad corporation charged with the responsibility

for maintaining such structure, in connection with construction,

reconstruction or maintenance of state highways, to provide for the

removal and disposition, on terms beneficial to the state, of

highway-railroad grade separation structures which are no longer used or

useful for railroad purposes.

27. Have power, upon the request of a municipality, to perform for and

at the expense of such municipality, any work of construction or

reconstruction, including the removal and relocation of facilities,

provided the commissioner of transportation deems it practicable to

perform such work for such municipality in connection with the

performance of any work of construction, reconstruction or improvement

under the provisions of this chapter. Whenever the commissioner of

transportation shall approve such a request of a municipality, he shall

make an estimate of the cost of the work which he is requested by such

municipality to perform in accordance with plans and specifications

submitted to him by such municipality, which cost estimates, plans and

specifications shall be approved by the municipality in writing before

the commissioner of transportation shall proceed with any such municipal

work. Such municipality shall thereupon deposit with the state

comptroller, who is authorized to receive and accept the same for the

purposes of this subdivision, a sum equal to such estimate and subject

to the draft or requisition of the commissioner of transportation.

Provided, however, that nothing contained in this subdivision shall be

construed to prevent the commissioner of transportation from proceeding

with the state work, incorporating the work requested by the

municipality in accordance with cost estimates, plans and specifications

approved by such municipality, if he determines it to be necessary and

in the best interest of the state to do so. When the work authorized by

this subdivision has been completed and the cost thereof shall have been

paid by the state, the commissioner of transportation shall render to

the governing body of such municipality an itemized statement showing in

full (a) the amount of money that has been deposited by such

municipality with the state comptroller as hereinbefore provided, and

(b) all disbursements made pursuant to this subdivision. Any surplus

money shall be paid to such municipality on the warrant of the

comptroller on vouchers therefor approved by the commissioner of

transportation. In the event, upon the completion of the work authorized

by this subdivision, it is determined by the commissioner of

transportation that the amount of the cost to be borne by a municipality

is in excess of the amount deposited by such municipality with the state

comptroller, then, in such event, such municipality shall within ninety

days of the receipt of the notice from the commissioner of

transportation of the amount of the deficiency required to fully

compensate the state for the municipality's cost of such work, pay such

amount to the state comptroller. As used in this subdivision, the term

"municipality" shall include a public benefit corporation.

28. Notwithstanding any other provisions of this chapter or any other

law, the commissioner of transportation is authorized to use either

exclusively for, or in conjunction with, for state purposes as set forth

in this chapter any state owned property under his jurisdiction acquired

for other public purposes. Transfer of such use shall be effected by an

official order of the commissioner of transportation to be filed in the

offices of the department of transportation and of the department of

state, accompanied by a description and map of such property as

prescribed by an applicable section of this chapter. When the use is to

be exclusively for the state purposes as set forth in this chapter then

upon such filing of the description, map and official order of transfer

of use, the property shall be used and maintained for the state purposes

as set forth in this chapter and be governed as though the said property

was acquired pursuant to the provisions of this chapter. When dual use

is to be made of such property for the state purposes as set forth in

this chapter and other public purposes by the state, the official order

of transfer shall so certify, and upon such filing of the description,

map and official order of transfer, the property shall be used and

maintained for such dual purposes, and shall be governed either by this

chapter or the law under which jurisdiction was acquired by the

commissioner of transportation or both as determined by the commissioner

of transportation and as will best effectuate the said dual use of such

property. The provisions of this subdivision shall not apply to any

property, the use of which is restricted by the state constitution.

29. The commissioner of transportation, subject to the approval of the

division of the budget, is hereby authorized to enter into cooperative

agreements with municipalities or municipal urban renewal agencies

established and organized pursuant to article fifteen-a of the general

municipal law relating to the acquisition and clearance of property

deemed necessary for the effectuation of any of the purposes of this

chapter which lies within or immediately adjacent to an urban renewal

area, as defined in the general municipal law, in such municipalities

and to the equitable sharing of the costs of such acquisition and

clearance. When the acquisition of such property as is deemed necessary

for highway purposes would result in consequential damages to the

owner's remaining property and all or a portion of such remaining

property lies within an urban renewal area in a municipality, the

commissioner of transportation may acquire such remaining property and

transfer the same to the municipality or municipal urban renewal agency

upon payment by the municipality or such municipal urban renewal agency

to the state, pursuant to the terms of a cooperative agreement as here

in authorized, of an equitable share of the cost of the acquisition of

such property and the clearance thereof where such clearance is deemed

necessary or appropriate by the commissioner. Such cooperative

agreements may also provide for the acquisition and clearance of such

property, necessary for highway purposes, by the municipality or

municipal urban renewal agency and the transfer thereof to the state

upon payment by the state to the municipality or municipal urban renewal

agency of an equitable share of the cost of such acquisition, and

clearance if any.

29-a. The commissioner of transportation, subject to the approval of

the division of the budget, is hereby authorized to enter into

agreements with the Kingston urban renewal agency as defined in article

fifteen-a of the general municipal law relating to the clearance and

transfer of property owned by the Kingston urban renewal agency deemed

necessary for the effectuation of any of the purposes of this chapter

which lies within the Kingston urban renewal area. When the acquisition

of such property owned by the Kingston urban renewal agency, deemed

necessary for highway purposes, would result in consequential damages to

the remaining property owned by the Kingston urban renewal agency, the

commissioner of transportation may acquire such remaining property from

the Kingston urban renewal agency and transfer the same to the

municipality upon payment by the municipality to the state. Such

agreements may also provide for the clearance of such property,

necessary for highway purposes, by the Kingston urban renewal agency and

the transfer thereof to the state upon payment by the state to the

Kingston urban renewal agency of an equitable share of the cost of such

clearance.

29-b. The commissioner of transportation, subject to the approval of

the division of the budget, is hereby authorized to enter into

cooperative agreements with the official authorized by the governing

body of the city of Yonkers, relating to the acquisition and clearance

of property deemed necessary for the effectuation of any of the purposes

of this chapter which lies within or immediately adjacent to a

development area, as defined herein, within the city of Yonkers and the

equitable sharing of the costs of such acquisition and clearance. When

the acquisition of such property as is deemed necessary for highway

purposes would result in consequential damages to the owner's remaining

property and all or a portion of such remaining property lies within a

development area in the city of Yonkers, the commissioner of

transportation may acquire such remaining property and transfer the same

to the city of Yonkers upon payment by such city to the state, pursuant

to the terms of a cooperative agreement as herein authorized, of an

equitable share of the cost of the acquisition of such property and the

clearance thereof where such clearance is deemed necessary or

appropriate by the commissioner. Such cooperative agreements may also

provide for the acquisition and clearance of such property, necessary

for highway purposes, by the city of Yonkers and the transfer thereof to

the state upon payment by the state to such city of an equitable share

of the cost of such acquisition, and clearance if any. As used in this

subdivision the term "development area" shall mean an area adjacent to a

state highway facility in the city of Yonkers which has been designated

as such by the governing body of the city of Yonkers, on its own

initiative, upon a finding that such area is appropriate for development

and that it is in the public interest for the city to control

development thereof in conjunction with the state highway facility.

30. Have power, on behalf and in the name of the state, whenever he

deems it to be necessary and in the best interests of the state, to

enter into cooperative contracts with any adjoining state, commonwealth,

nation, province, or any agency of the government of the United States

for data collection, studies, design, construction, reconstruction and

maintenance of state highway connections, including, but not limited to,

border crossing facilities, within any such adjoining state,

commonwealth, nation or province notwithstanding the provisions of any

general, special or local law to the contrary; provided, however, that

before any such contract shall take effect, it shall be approved by the

governor and attorney general and thereafter approved by the state

comptroller and filed in his or her office; and further provided, that

such contract shall provide for the manner in which the costs are to be

borne, including, but not limited to, the cost of data collection,

studies, design, surveys, the preparation of plans and specifications,

the acquisition of real property required for rights of way,

construction, reconstruction and maintenance of such highway connections

and bridges thereon and of approaches thereto, and border crossing

facilities, and such other costs incidental thereto. In no event,

however, shall such contract require any fixed annual payment or subsidy

by the state of New York to any adjoining state, commonwealth, nation or

province for the maintenance or repair of any such highway connection

lying outside of the state of New York. The costs incurred by the state

pursuant to any such cooperative contracts as authorized herein shall be

payable from appropriations made to the department for the planning,

construction, reconstruction and improvement of state highways, with or

without federal aid.

31. Cause signs to be erected and maintained designating the point of

intersection of each state highway with the "Appalachian Trail".

32. Have power, upon the request of a county, city, town or village,

whenever such commissioner deems an existing state highway or portion

thereof lying within such municipality to be no longer needed or useful

to the state highway system, to enter into an agreement with the

appropriate authorities of such municipality to abandon by an official

order to such municipality such highway or portion thereof. Upon the

filing of certified copies of such official order with the county clerk,

the county board of supervisors or county legislative body and the

county finance officer of the county in which such municipality lies,

the clerk of such municipality, the appropriate officer of such

municipality having general direction and supervision of the public

highways thereof and the state comptroller, the state shall cease to

maintain such highway or portion thereof and all the rights and

obligations of the state therein shall be turned over and surrendered to

such municipality and such highway or portion thereof shall thereafter

be maintained as a part of the highway or road system of such

municipality.

33. Have power, whenever such commissioner of transportation deems it

to be in the best interest of the state and necessary, as a result of

work authorized pursuant to this chapter, the transportation law or

chapter six hundred seventy-eight of the laws of nineteen hundred

twenty-eight, as amended, constituting the grade crossing elimination

act, and upon the request of a public utility corporation, to provide

for the removal, relocation, replacement or reconstruction of pipes,

mains, wires, poles, lights, and other similar facilities of such

utility corporation. The expense of such removal, relocation,

replacement or reconstruction shall be borne entirely by the utility

corporation except so much thereof as would constitute compensable

damages under any provision of law. Whenever the commissioner of

transportation shall approve such a request of a public utility

corporation, he shall, with the assistance of such utility corporation,

make an estimate of the cost of the work which he is requested to

perform in accordance with plans and specifications submitted to him by

such utility corporation. Such utility corporation shall thereupon

deposit with the state comptroller, who is authorized to receive and

accept the same for the purposes of this subdivision, a sum equal to

such estimate and subject to the draft or requisition of the

commissioner of transportation. If at any time during the course of the

work the commissioner of transportation deems the sum submitted by the

utility corporation to be insufficient to meet anticipated costs of the

work, he shall notify the utility corporation of such anticipated

deficiency, whereupon the utility company shall deposit with the state

comptroller, who is authorized to receive and accept the same subject to

the draft or requisition of the commissioner of transportation, such

additional sum as is deemed necessary by the commissioner of

transportation to meet anticipated costs. When the work authorized by

this subdivision has been completed the commissioner of transportation

shall render to the utility corporation an itemized statement showing in

full (a) the amount of money that has been deposited by such utility

company with the state comptroller as hereinbefore provided, and (b) all

disbursements made pursuant to this subdivision including a

proportionate charge for engineering. Any surplus money shall be paid to

such utility company, without interest, on the warrant of the

comptroller on vouchers therefor approved by the commissioner of

transportation.

34. Have power to utilize federal aid to undertake the federal traffic

operations program to increase capacity and safety on existing street

and highway systems in urban areas. Before any project under such

program is commenced, the city or municipality in which the improvement

is to be made shall consent to and approve of the project. If such

project requires additional property, the commissioner of transportation

may acquire such property as may be necessary for the purposes of this

subdivision, in the same manner as other property is acquired for state

highway purposes pursuant to this chapter, and he may enter into a

written agreement with the municipality involved to convey such property

as deemed necessary for the purposes of this subdivision to such

municipality on terms beneficial to the state. The cost of the

acquisition of additional property as provided in this subdivision shall

be a proper charge against funds available for the project. If such

project requires the removal, relocation, replacement, alteration or

reconstruction of railroad facilities normally used for the maintenance

and operation of the railroad, and including tracks, signals,

communication lines, electrical lines, sewer lines, water lines,

buildings, structures and their appurtenances, he may arrange through

the railroad for the performance of such removal, relocation,

replacement, alteration or reconstruction of such facilities as he may

deem necessary. Such removal, relocation, replacement, alteration or

reconstruction of facilities may be performed on property of the

railroad company. If such work requires additional property or if it is

necessary that the consequential relocation of such facilities be made

to other property, he may acquire such property as may be necessary for

the purposes of this subdivision, in the same manner as other property

is acquired for state highway purposes pursuant to this chapter, and he

may enter into a written agreement with the owner of the railroad lands

to convey such property as deemed necessary for the purposes of this

subdivision to such owner on terms beneficial to the state. The expense

of such removal, relocation, replacement, alteration or reconstruction

of the railroad facilities and any right of way acquisition therefor

shall be a proper charge against funds available for the project and

such work may be performed by contract in the same manner as provided

for state highways in article three of this chapter, or, by the use of

departmental forces and equipment and of materials purchased therefor.

However, if the commissioner of transportation deems it to be in the

interest of the public, he may contract with the railroad, upon such

terms as he may deem advantageous to the state, to have such work

performed (a) by the employment of the forces and the use of the

equipment of such railroad and by the use of any material on hand or

necessary to be purchased by such railroad or (b) by such other method

as the commissioner of transportation shall approve or (c) by a

combination of the methods provided in this subdivision, and upon

completion and acceptance of the work, such facilities shall be owned

and maintained by the railroad. The commissioner and the city or

municipality in which the improvement is to be made are authorized to

enter into any necessary agreements to carry out such projects in

accordance with the federal standards and criteria.

34-a. Have power to utilize federal aid to undertake federal aid

programs available for highways and bridges not on the state highway

system. Before any project under any such program is commenced, the

governing body of the county, city, town or village which has

jurisdiction of the highway or bridge and in which the project is to be

undertaken shall consent to and approve of such project. If any project

under any such program requires additional property, the commissioner

may, at the request of the governing body of the municipality having

jurisdiction of the highway or bridge acquire such property as may be

necessary for the purposes of this subdivision, in the same manner as

other property is acquired for state highway purposes pursuant to this

chapter and the eminent domain procedure law. Whenever the commissioner

determines that such project requires additional property, he shall make

an estimate of the cost of the property acquisition, in addition to an

estimate of the cost of constructing the project, and submit such

estimate to the municipality. The cost estimates shall be approved by

the municipality in writing in the form of a resolution of the

legislative body of the municipality authorizing participation in the

cost of such acquisition and such construction to the extent of the

amount of the estimated cost to be borne by the municipality. Such

resolution shall also authorize the municipality to deposit a sum equal

to the municipal share of the estimated costs with the state

comptroller. The commissioner shall not proceed with any such

acquisition until the municipality has deposited with the state

comptroller, who is authorized to receive and accept the same for the

purposes of this subdivision, a sum equal to the amount of such estimate

of the cost of acquisition to be borne by the municipality and subject

to the draft or requisition of the commissioner. Before the commissioner

shall proceed with the construction of such project, such municipality

shall deposit with the state comptroller, who is authorized to receive

and accept the same for the purposes of this subdivision, a sum equal to

the remainder of the amount of the estimated cost to be borne by the

municipality. When the work authorized by this subdivision has been

completed and the cost thereof has been paid by the state, the

commissioner shall render to the governing body of such municipality an

itemized statement in accordance with section eighty-b of this chapter.

The commissioner may enter into a written agreement with the

municipality involved to convey such property as deemed necessary for

the purposes of this subdivision to such municipality on terms

beneficial to the state. The cost of the acquisition of additional

property as provided in this subdivision shall be a proper charge

against funds available for the project. The commissioner and the

municipality in which any such project is to be undertaken are

authorized to enter into any necessary agreements to carry out such

projects in accordance with federal standards and criteria.

34-b. Have power, on behalf and in the name of the state, whenever he

deems it necessary and in the best interests of the state, to enter into

cooperative agreements with any one or several municipalities within the

state for the operation and maintenance of computerized traffic control

signal systems extending through, among or between such municipalities,

portions of which systems may be on local roads and portions of which

systems may be on the state highway system, notwithstanding the

provisions of any general, special or local law to the contrary. Such

agreements shall provide for the manner in which the work of the

operation and maintenance of such computerized traffic control signal

systems shall be performed, including but not limited to, the

authorization for the forces or agents of a municipality to perform such

work on the state highway system for the best overall efficient

operation and maintenance of the entire system. Such agreements shall

also provide for the manner in which the costs of the operation and

maintenance of such computerized traffic control signal systems shall be

borne including but not limited to, the cost of materials, equipment and

labor necessary for the operation and maintenance of such systems and

such other costs incidental thereto. The costs incurred by the state

pursuant to any such cooperative agreements as authorized herein shall

be payable from appropriations made to the department of transportation

for the operation, and/or maintenance of state highways, with or without

federal aid. Such operation and maintenance work to be performed in

accordance with the agreements contemplated herein may be performed (a)

by contract pursuant to state law applicable to the state or to the

municipality letting the contract, or (b) by the use of department

forces with equipment and materials purchased therefor, or (c) by the

use of the forces of any one or several of the municipalities through

which such computerized traffic signal systems extend, with the use of

the equipment of such municipality and by the use of any material on

hand or necessary to be purchased by any such municipality therefor, or

(d) by such other method as the commissioner of transportation shall

approve or (e) by a combination of such methods. Any such municipality

is hereby authorized to enter into all necessary agreements and

contracts for the purposes of this subdivision, in accordance with state

and/or federal standards and criteria.

35. Have power, subject to the approval of the director of the budget,

whenever the commissioner deems it to be in the best interest of the

state in connection with an authorized or anticipated state highway

construction, reconstruction or maintenance project and in conjunction

with an authorized or anticipated city, county, town, village or public

authority public work project, and ancillary thereto, to enter into

agreements with cities, counties, towns, villages or public authorities

for the performance by or on behalf of any such city, county, town,

village or public authority of any work connected with or necessitated

by such authorized or anticipated construction, reconstruction or

maintenance of any part of the state highway system located within the

jurisdiction of such city, county, town, village or public authority and

to make payments to any such city, county, town, village or public

authority on account of such work notwithstanding the provisions of any

general, special or local law to the contrary. The costs incurred by the

state pursuant to any such agreements with cities, counties, towns,

villages, or public authorities as authorized herein shall be payable

from appropriations made to the department of transportation for the

construction, reconstruction and maintenance of state highways with or

without federal aid, and the work authorized herein may be performed by

contract in the same manner as provided in article five-A of the general

municipal law or in the case of public authorities, as provided in the

public authorities law. Any such city, county, town, village or public

authority is hereby authorized to enter into agreements with the

commissioner of transportation for the purposes of this subdivision.

36. Have power to acquire property, in the same manner as other

property is acquired for state highway purposes pursuant to this

chapter, for the purpose of parking facilities and appurtenances thereto

at or adjacent to transportation interfaces and connections to such

facilities.

37. Have power, whenever such commissioner of transportation deems it

feasible and in the best interests of the state upon the request of the

head of a state department, agency, institution or public benefit

corporation to construct access or branch connections from any state

highway to any highway or roadway system of any facility of such state

department, agency, institution or public benefit corporation. Before

undertaking such construction, 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. Where such access or

branch connections are to be made to a highway or roadway system of any

facility of 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. If such access or branch connection is not determined by the

commissioner of transportation to be a part of the state highway system,

it shall be maintained as determined jointly by the commissioner and the

head of such state department, agency, institution or public benefit

corporation.

38. Have power, whenever such commissioner of transportation deems it

to be in the best interests of the state, to sell or lease to the

highest responsible bidder furnishing the required security after

advertisement for sealed bids has been published in a newspaper or

newspapers designated for such purpose, for a term not to exceed

ninety-nine years, property rights in air space, unused surface or

subsurface space in connection with any state-owned property under his

jurisdiction or other property acquired for state highway purposes. The

terms of said sale or lease shall be determined by the commissioner and

shall be subject to approval by the director of the budget. In order to

carry any such sale or lease into effect, the commissioner is hereby

authorized to execute and deliver, in the name of the people of the

state, a quitclaim of or lease to such property rights in the air space

and/or subsurface space. Each such instrument of conveyance or lease

shall be prepared by the attorney general and prior to delivery of

possession of the subject property rights in air space, unused surface

and/or subsurface space shall be approved by him as to form and manner

of execution. No such sale or lease by the commissioner shall deprive an

abutting landowner of his right of access. The development of any

property interest granted pursuant to this subdivision shall be subject

to the zoning regulations and ordinances of the municipality in which

said property is located and to the support, protection or relocation of

any public utility facilities within the right of way of any highways

within said property at the sole cost and expense of the grantee, lessee

or developer. The provisions of this subdivision shall not apply to any

property, the use of which is restricted by the state constitution.

39. Have power to acquire property, in the same manner as other

property is acquired for state highway purposes pursuant to this

chapter, adjacent to or in the vicinity of the right of way on any state

or federal-aid highway system, or public transportation system or

installation outside a central business district, and to construct

publicly owned parking facilities and appurtenances thereon or within

such right of way, including connections to such facilities, and,

subject to the rights of utility companies to install and maintain their

facilities within the highway right of way, provide for the use of the

air space above and below the established grade line of the highway

pavement, to serve an urban area. Such parking facility and

appurtenances shall be located and designed to permit their use in

conjunction with existing or planned public transportation systems or

installations. Before undertaking any such facility the commissioner

shall first obtain the approval of the governing body of the

municipality in which such facility is to be constructed. In cities

having a population of a million or more, the approval of the city

council must also be obtained. The commissioner of transportation may

provide for the operation and maintenance in whole or in part of any

such parking facility and appurtenances by any person, firm,

corporation, public authority, municipality, or state department or

agency, and may enter into any agreement or contract and establish the

terms and conditions of such agreement or contract as he deems necessary

to facilitate such operation and maintenance. In the event fees are

charged for the use of any such facility, the rate thereof, or the

manner of establishing the rate thereof, shall be set forth in such

agreement or contract. The municipality in which the improvement is

constructed is authorized to enter into any such agreement or contract

with the commissioner of transportation to carry out such projects in

accordance with state and/or federal standards and criteria. The

proportion of the total cost of work performed on any project pursuant

to this subdivision, in addition to any or all elements thereof that are

not subject to federal aid, which shall be borne by the state of New

York and charged against funds available for the construction,

reconstruction or maintenance of state highways shall be the difference

between the funds contributed for such work by the federal government

and the actual cost thereof less any amount which may be provided by any

municipality, person, firm, corporation or public benefit corporation in

accordance with any provision of law.

40. Have power whenever the commissioner of transportation determines

that it is in the best interest of the state, considering safety,

over-all economy of providing transportation services, and effect on the

flow of vehicular traffic along a state highway traversing a

municipality to eliminate parking within the right of way of such

highway, and upon the determination of the commissioner to acquire

property and to construct thereon any parking facilities and

appurtenances, including connections thereto, which he may deem

necessary in order to facilitate the purposes of this subdivision. He

may provide for state maintenance of facilities and appurtenances if he

determines such maintenance to be desirable. If the commissioner

determines that parking facilities and appurtenances are justified and

necessary and in the best interest of the state he may submit to the

governing body of the appropriate municipality a proposal to provide

such facilities. Before undertaking any such facility he shall first

obtain the approval of the governing body of the municipality involved.

In cities having a population of a million or more, the approval of the

city council must also be obtained. The commissioner may as a condition

to undertaking any such facility and prior to the acquisition of any

property or the commencement of any work for same by the commissioner,

require the municipality to assume all the rights and obligations for

the operation, maintenance and control of said parking facility and

appurtenances. Acquisition of the property for the purposes of this

subdivision shall be in the same manner as other property is acquired

for state highway purposes pursuant to this chapter. The expense of such

property acquisition, construction and any state maintenance of such

parking facilities and appurtenances, including connections to such

facilities, shall be a proper charge against funds available for the

construction, reconstruction or maintenance of state highways. The

commissioner of transportation is authorized, with the approval of the

director of the budget, to sell, lease or otherwise dispose of any real

property acquired or improved pursuant to this subdivision upon terms

which he has determined to be in the best interest of the state. Any

such disposition, however, shall provide for the assumption by the

grantee of all the rights and obligations for the operation, maintenance

and control of said parking facilities and appurtenances.

41. Have power, in connection with a department construction project

undertaken with federal aid, whenever the commissioner determines that

it is in the best interest of the state considering among other factors

the cost and feasibility of other alternatives, to provide for the noise

insulation of publicly owned school buildings which are off the highway

right-of-way. The commissioner may provide for the noise insulation by

entering into an agreement with the appropriate board of education or

school district to provide the capital funds necessary for the design

and construction of such noise insulation to abate highway generated

noise within the school building. The expenses of such noise insulation

shall be charged against funds available to the department for highway

construction.

42. (a) Within ninety days after the effective date of this

subdivision establish a local road classification task force which shall

within two years recommend:

(i) alternative guidelines for classifying town or county roads in

rural areas according to principal uses, traffic volume and such other

criteria as it may deem appropriate;

(ii) for each class of road, the width of driving surfaces and the

guidelines that are necessary to construct or reconstruct such roads and

bridges;

(iii) for each class of road, the guidelines for maintenance that may

be required;

(iv) signs that may be erected to designate each class of road along

with designated speed limits and other applicable guidelines;

(v) guidelines by which local legislative bodies would apply

classifications to specific roads within their jurisdiction; and

(vi) undertake all other acts which are consistent with the purposes

of this subdivision and which, in the opinion of the task force, will

promote the most effective use of the town and county road system in

rural areas.

(b) Members of the task force. The task force shall consist of the

commissioner or his designee, who shall serve as chairman, eleven

persons appointed by the governor, the commissioner of the department of

agriculture and markets or his designee and the Dean of the College of

Agriculture and Life Sciences at Cornell University or his designee. Of

those appointed by the governor, there shall be four town highway

superintendents then in office in rural areas, three county highway

superintendents then in office in rural areas, one official from the

department, and three persons who own or operate a business in rural

areas of this state. In addition, a representative from the federal

highway administration may be invited to serve in an ex-officio

capacity. The commissioner may also invite representatives of town and

county governments to consult with the task force on a regular basis.

Vacancies shall be filled in the same manner as the original

appointments.

(c) Compensation of members. Members of the task force shall receive

no compensation for their services, but shall be reimbursed for their

necessary expenses of up to seventy-five dollars per diem, not to exceed

seven hundred fifty dollars in a given year.

(d) Staff support. The department shall provide staff support to the

task force for organizational support including background research and

report development.

(e) As used in this subdivision the term "rural areas" shall mean any

county of less than two hundred thousand population or any town which

has a population of less than one hundred fifty persons per square mile.

43. Have power, whenever the commissioner finds it is necessary for

the construction or reconstruction of state highways, or transportation

projects under the transportation law, to acquire property to replace

publicly owned park, recreation area, wildlife and waterfowl refuge,

wetland or historic site lands acquired or to be acquired for state

highway or transportation purposes. The commissioner, after consultation

with the public owner of the property to be replaced, the commissioner

of the department of environmental conservation and the commissioner of

the office of parks, recreation and historic preservation, is authorized

to acquire such replacement land of approximate equality in fair market

value, and of reasonably equivalent resource value, usefulness and

location to those lands acquired for highway or transportation purposes.

The commissioner may enter into written agreements to convey property to

the owners of such public lands for the purposes of this subdivision on

terms beneficial to the state. Acquisition of property deemed necessary

for the replacement of such land shall be in the same manner as other

property is acquired for state highway purposes pursuant to this chapter

and the expense of such acquisition shall be a proper charge against

funds available for the construction or reconstruction of state highways

or the transportation project as the case may be.

* 44. On or before December thirty-first, two thousand four, and on or

before December thirty-first of every fifth year thereafter, the

commissioner shall submit to the governor, the temporary president and

majority leader of the senate and the speaker of the assembly a special

additional assessment report of the condition of the state highway and

bridge system and the goals for the five year period following the date

of such report. Such report shall describe the condition of the state

highway and bridge system, the department's procedures for the

management of pavements and bridges, and measurements for and an

evaluation of system performance. Such report shall also recognize the

importance of addressing the most urgent regional needs as determined by

such measurements and evaluation. Nothing contained herein shall be

deemed to supersede any other reporting requirements otherwise imposed

upon the department by law, rule or regulation.

* NB Not effective due to defeat of the Transportation Bond Act of

2000

45. On or before December thirty-first, two thousand nine, and on or

before December thirty-first of every fifth year thereafter, the

commissioner shall submit to the governor, the temporary president and

majority leader of the senate and the speaker of the assembly a special

additional assessment report of the condition of the state highway and

bridge system and the goals for the five year period following the date

of such report. Such report shall describe the condition of the state

highway and bridge system, the department's procedures for the

management of pavements and bridges, and measurements for and an

evaluation of system performance. Such report shall also recognize the

importance of addressing the most urgent regional needs as determined by

such measurements and evaluation. Nothing contained herein shall be

deemed to supersede any other reporting requirements otherwise imposed

upon the department by law, rule or regulation.

46. Have the authority to enter into agreements and/or contracts to

provide or receive services pursuant to section ninety-nine-r of the

general municipal law upon such terms and conditions as deemed

appropriate by the commissioner or commissioner's designee.

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.

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.

Consolidated local highway assistance payments. 1.

Notwithstanding any other provisions of this chapter or any other law,

and subject to an appropriation made therefor and in accordance with the

provisions of this section and with the rules and regulations

promulgated by the commissioner in connection therewith, on and after

the first day of April, nineteen hundred eighty-two, a consolidated

local highway assistance program is hereby established for the purpose

of making payments toward the construction, operation and/or maintenance

of highways, bridges and highway-railroad crossings that are not on the

state highway system. For purposes of this section, such program shall

apply to any county, city, town or village highway, bridge and/or

highway-railroad crossing within the state that is not on the state

highway system and not under the maintenance and/or operational

jurisdiction of the state. The commissioner shall promulgate all

necessary rules and regulations to carry out the program so that an

equitable distribution of aid shall be made for the construction,

operation and/or maintenance of any county, city, town and village

highways, bridges and highway-railroad crossings.

2. On or before the twenty-fifth day of April, June, September and

November of each state fiscal year commencing with the state fiscal year

beginning on April first, nineteen hundred eighty-four there shall be

distributed and paid to counties, cities, towns and villages an amount

equal to the moneys appropriated for the purposes of this section

divided by the number of payment dates in that state fiscal year. Such

amounts shall be distributed and paid pursuant to subdivision three of

this section.

3. Amounts shall be distributed for local highways, bridges and

highway-railroad crossings in accordance with the following three step

process:

(a) First, 41.40 percent of moneys so appropriated or authorized by

the legislature for distribution pursuant to this subdivision in any

fiscal year shall be distributed to New York city and to the counties

outside of New York city, fifty percent on the basis of their relative

shares of motor vehicle registration and fifty percent on the basis of

the relative shares of center line highway mileage, except interstate

and state highways, under the maintenance jurisdiction of the city of

New York and the several counties.

(b) Second, the balance of the moneys so appropriated or authorized by

the legislature for distribution pursuant to this subdivision in any

fiscal year shall be distributed among four jurisdictional systems based

on relative vehicle miles of travel as follows:

JURISDICTIONAL PERCENT OF

SYSTEM VEHICLE MILES OF TRAVEL

Cities 42.7

Counties 18.5

Villages 10.7

Towns 28.1

-----

Total 100.0

Within each jurisdictional system, the distribution made to each

municipality shall be based on the ratio of the number of lane miles

under the maintenance jurisdiction, except interstate and state

highways, of each municipality that is devoted to the movement of

traffic, excluding lanes devoted to the parking of vehicles, to the

total number of such lane miles under the operational jurisdiction,

except interstate and state highways, of all municipalities in the state

within each jurisdictional system.

(c) Third, the amounts distributed to each municipality in accordance

with paragraphs (a) and (b) of this subdivision shall be adjusted so

that such amounts will not be less than the "funding level" as defined

in subdivision five of this section for each such municipality. In order

to achieve the objectives of this paragraph, to the extent necessary the

amounts in excess of the funding levels to be distributed to each

municipality under paragraphs (a) and (b) hereof shall be reduced in

equal proportion.

4. (a) For each fiscal year commencing on and after April first,

nineteen hundred eighty-two and prior to April first, nineteen hundred

eighty-seven, amounts shall be distributed pursuant to an annual

appropriation from the local assistance account of the general fund of

thirty-four million dollars in accordance with the percentums

established in subdivision five of section two hundred thirty-two of the

transportation law.

(b) For each fiscal year set out in the schedule hereinbelow amounts

shall be distributed pursuant to an annual appropriation from the local

assistance account of the general fund in an amount set out in such

schedule for the corresponding state fiscal year. Each fiscal year

distribution shall be made in accordance with the per centums

established in subdivision five of section two hundred thirty-two of the

transportation law:

State Fiscal Year Appropriation

1987-88 $65,000,000

1988-89 $70,000,000

1989-90 $75,000,000

1990-91 $80,000,000

1991-92 $85,000,000

1992-93 $87,000,000

(c) Sub-allocations within each percentum shall be made in accordance

with the allocations established by the commissioner pursuant to chapter

three hundred sixty-nine of the laws of nineteen hundred seventy-nine.

(d) The amounts distributed pursuant to this subdivision shall be paid

in four equal payments on or before the twenty-fifth day of April, June,

September and November.

(e) Funds allocated for local street or highway projects under this

subdivision shall be used to undertake work on a project either with the

municipality's own forces or by contract, provided however, that

whenever the estimate for the construction contract work exceeds one

hundred thousand dollars but does not exceed three hundred fifty

thousand dollars such work must be performed either with the

municipality's own forces or by contract let by competitive bid in

accordance with the provisions of section one hundred three of the

general municipal law and provided further, however, that whenever the

estimate for the construction contract work exceeds three hundred fifty

thousand dollars such work must be performed by contract let by

competitive bid in accordance with the provisions of section one hundred

three of the general municipal law.

5. For amounts to be distributed pursuant to this section above the

funding level, as defined in this subdivision, received by any

municipality, such municipality shall use at least seventy-five percent

of such apportioned moneys for the construction, reconstruction or

improvement of local highways, bridges and/or highway-railroad

crossings, including right of way acquisition, preliminary engineering,

and construction supervision and inspection, where the service life of

the project is at least ten years. Such moneys made available may be

used to match other state and federal funds made available for such

projects under federal-aid highway acts. The remainder of the

apportionment, may be used for any highway purposes, except debt

service, including but not limited to, the acquisition of materials and

equipment devoted to operation and maintenance of local highways,

bridges and/or highway-railroad crossings and the payment of any costs

directly attributable to operation and maintenance of local highways,

bridges and/or highway-railroad crossings. At the discretion of the

commissioner, the requirement specified in this subdivision may be

waived for assistance payments in amounts of less than five thousand

dollars. For purposes of this section "funding level" shall mean the

average amounts, calculated for each municipality, received over two

years ending March thirty-first, nineteen hundred eighty-two from the

provisions of the town highway improvement program, the distribution

made by former section one hundred twelve of this chapter, as repealed

by section twenty-one of the transportation systems assistance and

financing act of 1981 of amounts collected from taxes on motor fuel

imposed by sections two hundred eighty-four and two hundred

eighty-four-a of the tax law and on Diesel motor fuel imposed by

sections two hundred eighty-two-a and two hundred eighty-two-b of the

tax law, and from motor vehicle fees collected from residents pursuant

to the vehicle and traffic law, and the distribution made by former

section two hundred seventy-nine of this chapter, as repealed by section

twenty-one of the transportation systems assistance and financing act of

1981.

6. On the first day of the third month following the end of its fiscal

year ending in nineteen hundred eighty-three and each succeeding fiscal

year, each municipality which has received five thousand dollars or more

in total funds paid pursuant to subdivision two or four of this section

during the preceding fiscal year shall certify to the commissioner,

pursuant to rules and regulations promulgated by the commissioner in

relation thereto, that the expenditure by such municipality in such

fiscal year of nonstate funds raised by the municipality for the

operation and maintenance (exclusive of capital construction) of its

highways, bridges and/or highway-railroad crossings was not reduced

below the level of the average of the previous two years. Provided,

however, that in calculating the expenditures and revenues of the

municipality to determine the local maintenance of effort for the fiscal

year being certified and the expenditure level of the average of the

previous two years, municipalities shall not be required to include the

amount of revenues and expenditures for operation and maintenance of its

highways, bridges, and/or highway-railroad crossings necessitated by any

unforeseen event for which the municipality was officially declared a

disaster area. Where a reduction in such spending or non-use has

occurred, the distributions above the funding level to such municipality

in the then-current state fiscal year shall be reduced by an amount

equivalent to the amount of such reduction or non-use, except that no

reduction to the funding level shall be taken for an amount caused by

any unforeseen event for which the municipality was officially declared

a disaster area. Municipalities not required to certify under this

section may continue such non-certifying status, with the approval of

the commissioner, if the apportionment to such municipality is increased

to more than five thousand dollars but less than seven thousand dollars

in any local fiscal year. For the purposes of this section, a

municipality shall mean a county, city, town or village or two or more

such jurisdictions acting jointly.

7. For any city, town, or village which consolidates or merges with

another municipality, the resulting successor government shall file with

the office of the state comptroller a certificate of any such

consolidation, merger and any accompanying dissolution. In the event

that the amount which would otherwise be apportioned to the individual

governments exceeds the amount which is payable to the successor

government pursuant to this section, such successor government shall

receive no less in consolidated local highway apportionments than the

predecessor governments would have received in the aggregate had the

merger or consolidation not occurred.

8. (a) For each fiscal year set out in the schedule hereinbelow

amounts shall be distributed pursuant to annual appropriation from the

local assistance account of the general fund in an amount set out in

such schedule for the corresponding state fiscal year:

State Fiscal Year Appropriation

1993-94 $72,652,000

1994-95 $72,652,000

1995-96 $72,652,000

1996-97 $72,652,000

(b) For each fiscal year set out in the schedule hereinbelow amounts

shall be distributed pursuant to annual appropriation from the dedicated

highway and bridge trust fund or by authorization by the legislature for

capital projects in an amount set out in such schedule for the

corresponding state fiscal year:

State Fiscal Year Appropriation

1993-94 $170,000,000

1994-95 $175,000,000

1995-96 $180,000,000

1996-97 $185,000,000

(c) The moneys appropriated or authorized in each fiscal year pursuant

to the schedules in paragraphs (a) and (b) of this subdivision shall be

distributed in accordance with the procedures contained in subdivisions

three and four of this section. The total of funds distributed in

accordance with the procedures in subdivision three of this section

shall equal one hundred forty-five million dollars in each fiscal year.

The balance of funds shall be distributed in accordance with the

procedures in subdivision four of this section. For purposes of

calculating distributions in accordance with subdivision three of this

section, the "funding level" shall be proportioned between amounts

distributed pursuant to paragraphs (a) and (b) of this subdivision.

Statewide preventive maintenance plan for highways and

bridges. 1. Definitions. For the purposes of this section, unless the

context or subject matter otherwise requires:

(a) "Preventive maintenance" shall mean planned activities undertaken

by the commissioner to reduce or arrest the rate of deterioration of

state highways and bridges, or to maintain such highways and bridges in

a state of good repair. These activities may correct minor defects as a

secondary benefit.

(b) "Pavement management system" shall mean a system to assist in

determining the optimum strategy to preserve state pavements in a safe

and serviceable condition at the lowest feasible total capital and

maintenance cost over the useful life of such pavement. Such system

shall conform with or exceed federal requirements and shall include an

annual survey of state highway pavement conditions.

(c) "Bridge management system" shall mean a system to assist in

determining the optimum strategy to preserve state bridges in a safe and

serviceable condition at the lowest feasible total capital and

maintenance cost over the useful life of such bridges. Such system shall

conform with or exceed federal requirements and shall include an

inspection of state bridges in accordance with section two hundred

thirty-two of this chapter.

2. Statewide preventive maintenance plan. Every year the commissioner

shall develop a five-year plan for the preventive maintenance of state

highways and bridges. The plan shall be submitted to the governor and

the chairs of the senate finance committee and the assembly ways and

means committee at the time the department submits its annual budget

request, but no later than December thirty-first of each year. The plan

shall:

(a) describe the current condition of state highways, by setting forth

the number of lane miles in each highway condition level in each

department of transportation residency and region based on an annual

pavement condition survey conducted pursuant to the department's

pavement management system;

(b) describe the current condition of state bridges, by setting forth

the number of bridges in each bridge condition level in each department

of transportation region based on an inspection of each bridge conducted

pursuant to the department's bridge management system and in accordance

with section two hundred thirty-two of this chapter;

(c) establish goals for the condition of the state's highways and

bridges for each of the next five fiscal years which can be achieved

through an integrated program of capital investment and preventive

maintenance, set forth for each highway and bridge condition level in

each department of transportation region;

(d) describe the preventive maintenance activities and levels of

funding projected to be necessary to achieve the goals for the condition

of the state's highways and bridges for each of the next five fiscal

years, set forth for each highway and bridge condition level in each

department of transportation region. Such description shall be developed

utilizing the department's pavement management and bridge management

systems;

(e) demonstrate the cost effectiveness of these preventive maintenance

activities and levels of funding through an analysis of the cost of

alternative preventive maintenance techniques over the life cycle of

state highways and bridges consistent with the highway law life cycle

requirements;

(f) summarize the preventive maintenance work which could occur if the

amounts requested for the next fiscal year pursuant to section

fourteen-b of the state finance law are appropriated, set forth for each

state highway pavement condition level by department of transportation

residency, and for each state bridge condition level by department of

transportation region; and

(g) commencing with the statewide preventive maintenance plan due no

later than December thirty-first, nineteen hundred ninety-five, provide

information relative to the prior and current fiscal year's preventive

maintenance plan, including the extent to which goals relative to the

condition of state highways and bridges established pursuant to

paragraph (c) of this subdivision have been achieved, set forth for each

state highway and bridge condition level by department of transportation

region.

3. Submission of the statewide preventive maintenance plan shall

constitute compliance with the requirements of subdivision (d) of

section fourteen-b and section twenty-six of the state finance law.

4. Incorporation of statewide preventive maintenance plan. The

statewide preventive maintenance plan developed pursuant to subdivision

two of this section shall be incorporated into the department's capital

projects statement to be submitted to the governor pursuant to section

fourteen-b of the state finance law, and shall be considered by the

division of the budget prior to the submission of the budget pursuant to

section twenty-two of the state finance law.

5. Within nine months after the enactment of the budget for fiscal

year nineteen hundred ninety-three--ninety-four, the commissioner shall

submit to the governor a summary of the preventive maintenance work

which has been undertaken or is planned to be undertaken in such fiscal

year. Copies of such summary shall forthwith be furnished to the chairs

of the senate finance committee and the assembly ways and means

committee.

6. Independent program evaluation. The commissioner shall cause to be

performed once every five years an independent evaluation of the

preventive maintenance of state highways and bridges. Such evaluation

shall be conducted by a professional engineering firm expert in the

field of preventive maintenance and preventive maintenance planning. The

first evaluation shall be submitted to the governor no later than

October first, nineteen hundred ninety-five, and succeeding evaluations

shall be submitted every five years thereafter. Such evaluation shall

include but not be limited to:

(a) an assessment of the adequacy of the preventive maintenance of

state highways and bridges;

(b) an assessment of the adequacy of the department's pavement

management system and bridge management system and recommendations for

improvements to those systems;

(c) recommendations for any improvements or technological advances in

the way in which the state should maintain state highways and bridges;

(d) an assessment as to whether the level or allocation of funding for

the preventive maintenance of state highways and bridges is sufficient

considering the goals for the condition of the state's highways and

bridges for the next five fiscal years as set forth in the statewide

preventive maintenance plan developed pursuant to subdivision two of

this section.

7. Liability provisions. No preventive maintenance plan or evaluation

of such plan required by this section shall be admissible in any action

or proceeding in which the state or any of its departments, agencies or

authorities, or any municipal corporation or other political

subdivision, or any officer or employee thereof, is a party, to prove

the existence of a particular defect or dangerous condition of a highway

or bridge; nor shall the state or any of its departments, agencies or

authorities, or any municipal corporation or other political

subdivision, or any officer or employee thereof, be held liable for

damages as a result of a failure to comply with any preventive

maintenance plan required by this section or to take any action as a

result of an evaluation of such plan.

Additional 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 dedicated highway and bridge trust fund cooperative agreement or

agreements with the New York state thruway authority for the financing

by such authority of disbursements made by the state for any of the

activities authorized pursuant to the provisions of section

eighty-nine-b of the state finance law, in any case where the expense

thereof is paid in whole or in part by the state. Such disbursements by

the state shall be recorded on a project basis and referred to as

"dedicated highway and bridge trust fund cooperative agreement

disbursements". Copies of such agreement shall be filed with the

chairpersons of the assembly ways and means committee and the senate

finance committee.

2. The dedicated highway and bridge trust fund cooperative agreement

or agreements shall provide for dedicated highway and bridge trust fund

cooperative agreement payments to the New York state thruway authority,

and may further provide for necessary instruments of transfer by

quitclaim deed or otherwise, to the New York state thruway authority

pursuant to subdivision eight of this section, of such real property

interests that are held by the department in the name of the people of

the state for any of the activities undertaken under this section. Such

dedicated highway and bridge trust fund cooperative agreement or

agreements shall also include but not be limited to: (a) description and

location of each activity; (b) the projected dates of commencement and

completion; (c) the estimated total cost, including the amount of

federal aid available therefor. Nothing in such agreement shall provide

for the transfer of any interests in buildings or personal property,

including equipment, materials and facilities used or useful in

connection with activities authorized in this section.

3. In addition to the requirements of subdivision two of this section,

each such dedicated highway and bridge trust fund agreement or

agreements shall provide that: (a) any real property interest transfer

pursuant to subdivision eight of this section shall be maintained and

operated under the supervision of the department of transportation

without cost to the New York State thruway authority; (b) simultaneously

with the conveyance of any real property interest by the department by

quitclaim deed or otherwise pursuant to subdivision eight of this

section the New York state thruway authority shall issue a use permit or

lease to the department of transportation for such real property

interest on a toll free basis; and, (c) no such activity shall require

dedicated highway and bridge trust fund cooperative agreement payments

for a term in excess of thirty years and, at the expiration of such term

as the commissioner and the authority may agree, pursuant to subdivision

eight of this section all rights and interest of the New York state

thruway authority in each such activity shall without any additional

payment by the state to such authority revert to and be vested in the

people of the state of New York. In no event shall any property

transferred to the thruway authority pursuant to this section be deemed

part of the thruway for the purposes of any provision of the tax law.

4. The commissioner of transportation is hereby authorized to

undertake any of the authorized activities pursuant to section

eighty-nine-b of the state finance law, 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 disbursements made by the state; and,

provided that all such activities shall be performed in accordance with

the provisions of this chapter and other applicable laws.

5. The commissioner of transportation is hereby authorized and

empowered to provide, in each dedicated highway and bridge trust fund

cooperative 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 dedicated highway and bridge trust fund cooperative agreement or

agreements pursuant to this section shall contain a clause that such

agreement or agreements of the state thereunder are not a debt of the

state and that such agreement or agreements 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 comptroller shall at the commencement of each month certify to

the director of the budget, the chairpersons of the senate finance and

assembly ways and means committees, the commissioner of transportation,

and the chairman of the thruway authority the amount disbursed from the

dedicated highway and bridge trust fund in the preceding month, the

amounts reimbursed by the thruway authority, the revenues received in

the fund, and the unreimbursed disbursements. The department of

transportation shall report, not less than quarterly, to the director of

the budget, the chairs of the senate finance committee and assembly ways

and means committee, the amounts disbursed from appropriations in the

dedicated highway and bridge trust fund which may be reimbursable from

bonds authorized by this section. The director of the budget shall

review the report and certify to the comptroller the disbursements that

are not reimbursable from bonds.

7. The commissioner of transportation may, subject to the approval of

the director of the budget, enter into a supplemental dedicated highway

and bridge trust fund cooperative agreement or agreements with the New

York State thruway authority pursuant to the provisions of this section,

provided that each such dedicated highway and bridge trust fund

agreement or supplement thereto is approved as to form by the attorney

general of the state of New York.

8. 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 at such

time, 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, a lease or mortgage or a quitclaim deed in a form

acceptable to the commissioner and the chairman which form may provide

for amendment by certificate or supplement by the parties for the

addition of property, which upon delivery shall therewith be deemed to

convey to the New York state thruway authority such interest as the

people of the state of New York may have in and to any of the lands over

which the commissioner of transportation has possession, jurisdiction,

supervision and control pursuant to the provisions of this chapter or

other law. Such lease, mortgage or quitclaim deed shall not exceed a

term authorized by subdivision three of this section. Provided,

however, that at any time after April first, nineteen hundred

ninety-five, no dedicated highway and bridge trust fund cooperative

agreement with the New York state thruway authority pursuant to this

section, nor any supplement thereto, need provide any such foregoing

conveyance of property to the New York state thruway authority in

connection with any obligations incurred pursuant to section three

hundred eighty-five of the public authorities law, and any such

conveyance evidenced by a dedicated highway and bridge trust fund

cooperative agreement before such date shall, consistent with the rights

of holders of any such obligations incurred pursuant to section three

hundred eighty-five of the public authorities law, revert to the people

of the state of New York by appropriate instrument or instruments, by

quitclaim deed or otherwise, in confirmation of such reversion.

9. 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 advanced by the

state.

Long Island suburban highway improvement program. 1. There is

hereby established the "Long Island suburban highway improvement

program".

2. The program shall provide fifty million dollars to be made

available as follows:

State Fiscal Year 1993-1994 $12.5 million

State Fiscal Year 1994-1995 $12.5 million

State Fiscal Year 1995-1996 $12.5 million

State Fiscal Year 1996-1997 $12.5 million

Such fifty million dollars shall be provided pursuant to annual

appropriations from the dedicated highway and bridge trust fund or

pursuant to authorization by the legislature for capital projects.

3. Program funds shall be made available for financing any of the

following types of capital projects within Nassau and Suffolk counties

where the service life of the project is at least ten years:

(a) reconstruction, replacement, reconditioning, restoration,

rehabilitation, and preservation of state, county, town, city and

village roads, highways, parkways, and bridges to restore such

facilities to their intended functions; and

(b) construction, reconstruction, enhancement and improvement of

state, county, town, city and village roads, highways, parkways and

bridges to address current and projected capacity problems.

The amount of state funds historically appropriated statewide for

transportation capital purposes from other sources shall not be reduced

because of the availability of program moneys. Prior to the allocation

of program funds for a county, town, city or village capital project,

the municipality responsible for the project shall certify to the

commissioner of transportation that the amount of funds appropriated for

transportation capital purposes by that municipality shall not be

reduced because of the availability of such program funds.

4. It is the intention of the governor, the temporary president of the

senate and the speaker of the assembly to enter into a memorandum of

understanding with respect to the selection of capital projects and the

allocation of program moneys among capital projects. The minority

leaders of the senate and assembly may also enter into the memorandum of

understanding.

5. (a) Funding of municipal projects will be made upon the application

for funding of prior expenditures in a format prescribed by the

commissioner. Such funding of state projects may be pursuant to

agreements between the commissioner and the New York state thruway

authority and may be from the proceeds of bonds, notes or other

obligations issued pursuant to section three hundred eighty-five of the

public authorities law.

(b) Funding of municipal project expenditures for an approved project

shall require the certification of the sponsoring municipality to the

department that:

(i) the amount of municipal funds appropriated for transportation

capital projects by municipalities shall not be reduced because of the

availability of these funds, and each recipient municipality shall

certify annually that its own level of funding of transportation capital

projects, excluding funds expended for those capital projects funded

pursuant to this section, was not diminished;

(ii) program funds will be used solely to fund actual expenditures for

the construction, reconstruction, replacement, reconditioning,

restoration, rehabilitation, preservation, enhancement and improvement

of state and local roads, highways, parkways and bridges, including but

not limited to right-of-way acquisition, preliminary engineering, and

construction supervision and inspection;

(iii) the project constructed with program funds has a service life of

ten or more years;

(iv) the amount of funds requested is no greater than prior

unreimbursed municipal project expenditures for work completed or

materials incorporated in qualifying projects; and

(v) program funds are not to be used for the mandated non-federal

share of federally funded projects.

(c) 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 section. A copy of such agreement

shall be filed with the commissioner in connection with the program plan

that includes such a project.

Hudson Valley suburban highway improvement program. 1. There

is hereby established the "Hudson Valley suburban highway improvement

program".

2. The program shall provide ninety million dollars to be made

available as follows:

State Fiscal Year 1993-1994 $22.5 million

State Fiscal Year 1994-1995 $22.5 million

State Fiscal Year 1995-1996 $22.5 million

State Fiscal Year 1996-1997 $22.5 million

Such ninety million dollars shall be provided pursuant to annual

appropriations from the dedicated highway and bridge trust fund or

pursuant to authorization by the legislature for capital projects.

3. Program funds shall be made available for financing any of the

following types of capital projects within Westchester, Rockland,

Putnam, Dutchess, Columbia, Orange and Ulster counties where the service

life of the project is at least ten years:

(a) reconstruction, replacement, reconditioning, restoration,

rehabilitation, and preservation of state, county, town, city and

village roads, highways, parkways, and bridges to restore such

facilities to their intended functions; and

(b) construction, reconstruction, enhancement and improvement of

state, county, town, city and village roads, highways, parkways and

bridges to address current and projected capacity problems.

The amount of state funds historically appropriated statewide for

transportation capital purposes from other sources shall not be reduced

because of the availability of program moneys. Prior to the allocation

of program funds for a county, town, city or village capital project,

the municipality responsible for the project shall certify to the

commissioner of transportation that the amount of funds appropriated for

transportation capital purposes by that municipality shall not be

reduced because of the availability of such program funds.

4. It is the intention of the governor, the temporary president of the

senate and the speaker of the assembly to enter into a memorandum of

understanding with respect to the selection of capital projects and the

allocation of program moneys among capital projects. The minority

leaders of the senate and assembly may also enter into the memorandum of

understanding.

5. (a) Funding of municipal projects will be made upon the application

for funding of prior expenditures in a format prescribed by the

commissioner. Such funding of state projects may be pursuant to

agreements between the commissioner and the New York state thruway

authority and may be from the proceeds of bonds, notes or other

obligations issued pursuant to section three hundred eighty-five of the

public authorities law.

(b) Funding of municipal project expenditures for an approved project

shall require the certification of the sponsoring municipality to the

department that:

(i) the amount of municipal funds appropriated for transportation

capital projects by municipalities shall not be reduced because of the

availability of these funds, and each recipient municipality shall

certify annually that its own level of funding of transportation capital

projects, excluding funds expended for those capital projects funded

pursuant to this section, was not diminished;

(ii) program funds will be used solely to fund actual expenditures for

the construction, reconstruction, replacement, reconditioning,

restoration, rehabilitation, preservation, enhancement and improvement

of state and local roads, highways, parkways and bridges, including but

not limited to right-of-way acquisition, preliminary engineering, and

construction supervision and inspection;

(iii) the project constructed with program funds has a service life of

ten or more years;

(iv) the amount of funds requested is no greater than prior

unreimbursed municipal project expenditures for work completed or

materials incorporated in qualifying projects; and

(v) program funds are not to be used for the mandated non-federal

share of federally funded projects.

(c) 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 section. A copy of such agreement

shall be filed with the commissioner in connection with the program plan

that includes such a project.

Maps, plans, specifications and estimates. Whenever the

commissioner of transportation shall have determined upon the

construction or improvement of a state highway, or section thereof, he

shall make or cause to be made surveys, and suitable preliminary maps,

plans and specifications. The commissioner shall have the following

powers and duties in respect to such highways:

1. He shall cause the highway or section thereof so determined to be

improved to be mapped both in outline and profile.

2. He may provide for a deviation from the line of a highway already

existing, if thereby a shorter or more direct highway, or a lessened

gradient may be obtained without decreasing the usefulness of the

highway. If such deviation requires the consequential relocation of any

tracks and appurtenances of a railroad company, he may acquire adequate

right of way to provide for the relocation of the highway as well as the

railroad tracks, pursuant to section thirty of this chapter, and he may

enter into a written agreement with the owner of the lands from which

the tracks shall be relocated to exchange such lands for the lands

acquired for their relocation. The work of relocating the tracks may be

done by the owner, and the commissioner of transportation is hereby

empowered to enter into an agreement with the owner for the performance

of all or any part of the work at the expense of the state, and such

expense shall be deemed to be a part of the cost of the relocation of

the highway.

3. He may provide for the widening of an existing highway.

4. He shall cause to be prepared preliminary plans and specifications

for the construction or improvement of such highway or section thereof

providing for a telford, macadam or gravel roadway, or other suitable

construction, taking into consideration climate, soil and materials to

be had in the vicinity thereof, and the extent and nature of the traffic

likely to be upon such highway, specifying in his judgment the kind of

highway a wise economy demands.

5. He shall provide in such plans and specifications for necessary

culverts, drains, ditches, waterways, embankments, guard rails and

retaining walls, and he may also provide for cattle passes wherever he

may deem them to be necessary and suitable in the interest of public

safety and as a traffic precaution.

6. He may provide therein for the removal or planting of trees, and

seeding or sodding, within the boundaries of the highway, when necessary

for the preservation thereof.

7. He may provide therein for the removal of, or the trimming of any

trees within the boundaries of the highway necessary for the convenience

or safety of the public, or the construction or preservation of the

highway.

8. He shall provide therein for the erection of suitable guide boards.

9. He may provide for such other work as may be required to complete

the construction or improvement in a proper manner.

10. He shall cause an estimate to be made of the cost of the

construction of such highways or section thereof in accordance with such

plans and specifications. In making such estimate he shall cause to be

ascertained and specified with all practical accuracy the quantity of

embankment, excavation and masonry, the quantity of all materials to be

used and all items of work to be placed under contract.

Commissioner 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 and he or she 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 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 may prescribe. The commissioner 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 may

deem to be necessary to provide reasonable passage and movement of

vehicles over such highways. The commissioner 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

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 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 up to five years

and at the expiration of the year preceding the last 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 a specified term of up to five years 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. Such agreement may be

terminated during the specified term provided the municipality shall

notify the commissioner eighteen months prior to such termination. If

any such agreement expires, a new agreement between the commissioner and

a municipality may be entered into for a term of up to five 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 or she may, by official order to be filed in

the department, 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 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 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 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 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, 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. 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, 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,

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 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 of this chapter, or upon

petition of a town or county, as provided in sections forty-eight,

forty-nine, or fifty-nine of this chapter, 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 of this chapter, the additional width of pavement shall be

deemed to be a part of the highway and shall be maintained by the

commissioner 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 to maintain and to repair any road and driveway which is

located on, over and across such lands, the commissioner 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 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 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 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.

The New York state buy American salt act. 1. Use of American

materials. (a) Notwithstanding any other provision of law, when

soliciting a contract for the purchase of rock salt or sodium chloride,

the commissioner of transportation may award such contract to the

responsible and reliable bidder offering to supply rock salt or sodium

chloride that is mined or hand harvested in the United States, and which

offer is within ten percent of the lowest price or best value offer,

rather than to the lowest responsible and reliable bidder.

(b) If it has been determined by a court or federal or state agency

that any person intentionally:

(i) affixed a label bearing a "Made in America" inscription, or any

inscription with the same meaning, to any rock salt, or sodium chloride

product used in projects to which this section applies, sold in or

shipped to the United States that was not mined or hand harvested in the

United States; or

(ii) represented that any rock salt, or sodium chloride product

procured in a contract to which this section applies that was not

produced in the United States, was produced in the United States; then

that person shall be ineligible to receive any contract or subcontract

with this state pursuant to the debarment or suspension provisions

provided under section one hundred thirty-nine-a of the state finance

law.

(c) This section shall be applied in a manner consistent with the

state's obligations under any applicable international agreements

pertaining to government procurement.

2. Definitions. For the purposes of this section, the following words

shall have the following meanings unless specified otherwise:

(a) "Mined or hand harvested in the United States" means: extracted or

collected from land or ponds within the boundary of the United States,

from the initial separation from the earth through the addition of any

additives necessary for commercial sale;

(b) "United States" means the United States of America and includes

all territory, continental or insular, subject to the jurisdiction of

the United States.

Qualifications of certain employees. To the end that the

employees of the department of transportation engaged in the work of

constructing, improving or maintaining highways under the provisions of

this chapter may be practical highway builders, the commissioner is

authorized to indicate to the civil service commission the relative

value which should be given to experience and scientific attainments.

Rules and regulations for state highways. The commissioner of

transportation is hereby empowered to make rules and regulations from

time to time for the protection of any state highway or section thereof.

He may prohibit the use of chains or armored tires by motor vehicles

upon such highways, and any violation of this section shall be

punishable as a traffic infraction. Any person convicted of a violation

of this section shall for a first conviction thereof be punished by a

fine of not more than fifty dollars or by imprisonment for not more than

fifteen days or by both such fine and imprisonment; for a second such

conviction within eighteen months thereafter such person shall be

punished by a fine of not more than one hundred dollars or by

imprisonment for not more than forty-five days or by both such fine and

imprisonment; upon a third or subsequent conviction within eighteen

months after the first conviction such person shall be punished by a

fine of not more than two hundred fifty dollars or by imprisonment for

not more than ninety days or by both such fine and imprisonment.

Removal of vehicles. 1. The commissioner of transportation shall

have the power to cause the removal and disposition of any vehicle left

unattended for more than twenty-four hours within the right of way of

any state highway or on any other public property under his

jurisdiction.

2. The commissioner of transportation shall have the power to cause

the immediate removal, from the right of way of any state highway, of

any vehicle which obstructs or interferes with the use of such a highway

for public travel; or which obstructs or interferes with the

construction, reconstruction or maintenance of such a highway; or which

obstructs or interferes with the clearing or removal of snow or ice from

such a highway; or which obstructs or interferes with any operation of

the department of transportation during a public emergency.

3. The owner of a vehicle removed under any of the provisions of this

section may be charged the reasonable cost of removal and disposition

thereof.

4. The term vehicle, as used in this section, shall mean every device

in, upon, or by which any person or property is or may be transported or

drawn upon a highway, except devices moved by human power or used

exclusively upon stationary rails or tracks.

Removal of noxious weeds and brush within state highways. The

commissioner of transportation may cause noxious weeds, briers and brush

growing within the bounds of state highways to be cut and removed, and

the cost thereof shall be paid from funds as now provided under section

two hundred and sixty-two of the highway law.

Public hearings. To give the public an opportunity to become

fully acquainted with proposed highway projects and to express its views

on the social, economic and environmental effects of the proposed

facilities, the commissioner of transportation, as he deems necessary,

shall hold a public hearing or hearings, or offer the opportunity for

such hearing or hearings in order to consider the various highway

locations or corridors and designs deemed feasible by the commissioner

of transportation for the construction or reconstruction at a new

location of any highway heretofore or hereafter authorized pursuant to

the provisions of this chapter or any other general or special law, or

extensions of such highways, notwithstanding the fact that a particular

highway location or corridor may be specified by law. Provided, however,

that nothing herein shall be construed to authorize construction of any

highway in a location or corridor different from that which is

authorized pursuant to the provisions of this chapter or any other

general or special law, or to require construction of any highway in a

location or corridor so authorized if, after such hearing or hearings

and based on all the evidence available to him, the commissioner finds

such location or corridor not feasible. Prior to such hearing or

hearings, the commissioner of transportation shall consider and make

available to the public the various locations or corridors and design

alternates which he deems feasible.

Planting trees and shrubs along state highways. The commissioner

of transportation, in his discretion, may plant rows or groups of

suitable trees along the bounds of existing state highways at such

places as he may determine and may also plant on the banks of such cuts

and fills as were made in constructing, reconstructing or improving such

highways such shrubs as are necessary and suitable to prevent or stay

erosion thereof. Upon the construction, reconstruction or improvement of

any state highway the commissioner of transportation shall plant along

such highways rows or groups of suitable trees, except where such

highways pass through wooded sections of country, and shall also plant

on the banks of such cuts and fills as are made in constructing,

reconstructing or improving such highways such shrubs as are necessary

and suitable to prevent or stay erosion thereof. The commissioner of

transportation may, with the consent of the owner of the abutting

premises, enter upon such premises to plant suitable trees or shrubs as

he may determine as desirable for reasons of safety and to maintain such

trees and shrubs for a period not to exceed two years. The commissioner

of transportation is not required to plant shrubs and trees under the

provisions of this section should such plantings already be in

existence, should the soil in any place be too stony for such planting

or should such planting imperil the safety of the public. The work may

be done by forces in the department or by contract let to the lowest

responsible bidder after due advertisement. Moneys appropriated for the

construction and maintenance of state highways shall be available for

any of the work authorized by this section.

Pollinator friendly plant species; medians. 1. The

commissioner shall, in cooperation with the department of environmental

conservation, develop policies and procedures to encourage the use of

native plant species that are pollinator friendly in medians along

highways under the jurisdiction of the department and to encourage and

provide technical assistance to counties, cities, towns and villages in

the use of native plant species that are pollinator friendly in medians

along highways under the respective jurisdiction of such counties,

cities, towns and villages.

2. The commissioner shall develop policies and procedures for mowing

medians located along highways on the state system of highways that

will, wherever feasible and consistent with standards of safety for

motor vehicle operators, cyclists, and pedestrians, reduce the amount of

area within such highway medians that is mowed.

Roadside rest areas. 1. The commissioner of transportation is

hereby authorized and empowered to acquire roadside sites along state

highways and to develop roadside rest areas. The commissioner may

utilize for this purpose suitable lands already owned by the state,

except that use of any such lands in the forest preserve or under the

jurisdiction of the department of environmental conservation shall first

be approved by the commissioner of environmental conservation and the

use of any lands under the jurisdiction of the office of parks and

recreation shall first be approved by the commissioner of parks and

recreation.

2. Such sites shall be so located as to give convenient and safe

access thereto by vehicular traffic and shall be chosen with regard both

to the roadside rest and recreational needs of the traveling public and

suitability for the purpose.

3. The commissioner may in his discretion develop such sites by

providing any or all of the following: a water supply, sanitary

facilities, parking space for automobiles or such other non-commercial

facilities as are suitable for rest and relaxation stops by highway

travelers. The commissioner may also permit the installation of vending

machines dispensing such food, drink and other articles as he deems

appropriate or desirable. Such sites shall be suitably marked and

markings indicating their location may be erected on highways leading

thereto.

4. At the discretion of the commissioner such rest areas may be

maintained by state expenses from any appropriation for the maintenance

of state highways, or he may enter into agreement with any authorized

municipality for the maintenance by the municipality of such a roadside

rest area for such period and in accordance with such standards as may

be agreed upon.

Restoration, preservation and enhancement of natural or scenic

beauty. The commissioner of transportation is hereby authorized and

empowered to acquire property for the restoration, preservation and

enhancement of natural or scenic beauty of areas traversed by state

highways, in order for the state to comply with any federal aid highway

acts. Acquisition of property for the purposes of this section shall be

in the manner provided by section thirty of this chapter, except that

any property in the city of New York, which is deemed by the

commissioner of transportation and the city of New York to be necessary

for the purposes of this section, shall be acquired by the city of New

York in the same manner as provided in section three hundred

forty-nine-c of this chapter relating to the acquisition of property for

the state arterial system in the city of New York. However, any property

located more than six hundred sixty feet from the nearest edge of the

right of way of any state highway, as shown on the final construction

plans for such highway on file in the department of transportation,

shall be acquired for the purposes of this section only by grant or

purchase. The term "property" as used in this section is defined to

include lands, waters, rights in lands or waters, structures,

franchises, and interest in land, including lands under water and

riparian rights and any and all other things and rights usually included

within the said term and includes also any and all interests in such

property less than full title, such as easements, permanent or

temporary, rights-of-way, uses, leases, licenses and all other

incorporeal hereditaments and every estate, interest or right, legal or

equitable. Notwithstanding any provision of this section, no property

may be appropriated for the purposes of this section which is in areas

zoned industrial or commercial under authority of state law or areas

which are used predominantly for industrial or commercial activities.

Multi-use areas adjacent to and recreational, natural and scenic

areas along state highways. The commissioner of transportation is hereby

authorized and empowered to acquire property in order to provide

multi-use areas adjacent to state highways and recreational, natural and

scenic areas along, but not necessarily contiguous to, state highways,

except that the commissioner may acquire property anywhere in the state

for the purpose of constructing bikeways. Such multi-use areas may be

utilized for, but not limited to walking, hiking, bicycle, trail-bike,

recreational vehicle and snowmobile trails and the installation of

public utilities. Such acquisitions shall constitute a state highway

purpose. Property acquired for multi-use areas shall be such as to

complement the highway facilities by providing the multi-use areas

adjacent to the highway facilities. Property acquired for recreational,

natural and scenic areas along, but not necessarily contiguous to, state

highways shall consist of predominantly unimproved, natural or scenic

areas suitable to serve the recreational needs of the expanding

population of the state, or desirable to preserve the natural or scenic

resources of the state, and shall lend itself to restoration,

preservation or enhancement as a recreational, natural or scenic area or

provides visual access from the highway to such an area. The

commissioner is hereby authorized to undertake work of construction,

improvement, restoration, preservation or enhancement of such areas and

the expense of such work may be a proper charge against funds available

for the construction, reconstruction, improvement or maintenance of

state highways. The commissioner shall submit plans for such

acquisitions and work to the department of state, the office of parks,

recreation and historic preservation and the department of environmental

conservation for review and recommendation prior to such acquisitions

and work being undertaken. Such acquisitions and work, and any

agreements entered into in connection therewith, shall not be undertaken

unless approved by the director of the budget. Such acquisitions and

work in multi-use areas may be undertaken pursuant to a written

agreement with a person, firm, corporation, public authority, city,

county, town, village, or state department or agency, which agreement

shall provide for the funding of such acquisitions and work. Such

acquisitions and work in recreational, natural or scenic areas may be

undertaken in cooperation with other state departments or agencies and

provision shall be made for the funding of such acquisitions and work.

Any real property which the commissioner deems necessary for the

purposes of this section may be acquired and disposed of by him in the

name of the people of the state of New York according to the procedure

provided in this chapter for the acquisition and disposition of property

for state highway purposes. The provisions of this chapter shall also

control the meaning of property as used herein, the manner in which

possession of such property may be obtained and the circumstances under

the procedure by which it may be sold or exchanged. Adjusted claims for

such acquisition and awards and judgments of the court of claims made in

respect thereto shall be paid out of the state treasury from moneys

available for the purposes of this section. All state departments,

agencies, counties, towns and villages are hereby authorized to enter

into agreements with the commissioner of transportation for the purposes

of this section.

When a bikeway constructed on property acquired in accordance with the

provisions of this section must cross a railroad, it shall be deemed a

public crossing. If the commissioner shall determine that it is

impracticable to construct such bikeway above the grade of the railroad,

the commissioner shall determine the manner and method of crossing at

grade and what safeguards shall be maintained.

The commissioner is hereby authorized to provide for the separation of

such bikeway-railroad crossing or for the construction of a

bikeway-railroad crossing at grade. The cost of construction of such

separation facilities or grade crossings, including the cost of such

crossing protection as is ordered by the commissioner, shall be a proper

charge against funds available for the construction, reconstruction,

improvement or maintenance of state highways.

Upon completion of construction, the bikeway-railroad crossing shall

be maintained as follows:

The grade crossing surface shall be maintained and kept in repair by

the railroad for the width of the crossing as constructed, between the

rails and for a distance of two feet either side or outer rail at the

crossing. The railroad shall also maintain and keep in repair any

protective devices installed by the railroad at the crossing.

Notwithstanding the provisions of section ninety-three of the railroad

law, bikeway-railroad separation structures constructed pursuant to this

section shall be maintained and kept in repair by the state department

or agency, public authority or municipality responsible for the

maintenance of the bikeway.

The commissioner is hereby authorized to submit plans for such

acquisitions and work to the chief engineer of the railroad crossed by

the bikeway for review and recommendation prior to such work being

undertaken and the commissioner may enter into agreement with the

railroad for the entry upon lands owned by the railroad, for the

construction of the bikeway-railroad crossing and for the reimbursement

to the railroad for all construction cost incurred by the railroad, in

the same manner as is used in connection with the construction of state

highways.

In the event the commissioner and the railroad are unable to agree

upon the terms of such agreement, the procedure for the resolution of

such disagreement as outlined in subdivision twenty-four-c of section

ten of this article shall apply.

* § 23. Rubber-modified asphalt pilot project. 1. The commissioner

shall undertake in nineteen hundred eighty-eight, a pilot project for

the utilization of rubber-modified asphalt in the construction or

improvement of state highways. Such rubber-modified asphalt pilot

project shall utilize rubber derived from motor vehicle tires discarded

in the state, including but not limited to use in granulated form as a

percentage of asphalt mix and use as a joint material, and may be

required in a contract or contracts for capital construction or

improvement of highways in fiscal year nineteen hundred eighty-nine.

2. On or before April first, nineteen hundred eighty-nine, the

commissioner of transportation shall submit a report to the governor, to

the speaker of the assembly and to the president pro tem of the senate.

In making such report, the commissioner may make use of and report on

existing studies, analyses and pilot projects conducted within or

outside the state by other states or the federal government, along with

any other sources of information he deems appropriate. Such report shall

include a summary and analysis of the procedures and results of the

pilot project, including the following:

(a) a comparison of costs of conventional asphalt mixes to the costs

of the use of rubber-modified asphalt;

(b) a comparison of the application methods of conventional paving

materials to rubber-modified asphalt and the ability to adapt equipment

and processes, if necessary, to incorporate rubber in asphalt mix to the

commissioner's specifications;

(c) performance of rubber-modified asphalt as compared to conventional

materials with regard to longevity of pavement, traction, road glare,

icing, and such other characteristics as may be deemed appropriate by

the commissioner;

(d) the findings of the commissioner as to the optimum and appropriate

percentage of scrap rubber in rubber-modified asphalt paving mixtures

for construction or improvement of state highways in consideration of

projected performance, safety and costs;

(e) the quantity of rubber that would be used annually if the

percentage of rubber content recommended by the commissioner were to be

utilized in rubber-modified asphalt paving mixtures for all contracts

for the construction or improvement of state highways or sections

thereof;

(f) existing or potential impediments to the maximum utilization of

rubber-modified asphalt in contracts for the construction or improvement

of state highways;

(g) recommendations of the commissioner as to future actions that

could be taken by the department of transportation, the governor and the

legislature to facilitate the use of scrap rubber for highway

construction or improvement;

(h) an analysis of the potential for the use of rubber-modified

asphalt by local governments, regional and statewide authorities

governing the construction or improvement of highways or bridges,

including, but not limited to:

(i) the projected annual demand for scrap rubber by local governments,

regional and statewide authorities, based upon the percentage mix in

asphalt for rubber derived from motor vehicle tires recommended by the

commissioner; and

(ii) known or anticipated impediments to the maximum utilization of

rubber-modified asphalt by local governments, regional and statewide

authorities.

3. The commissioner shall further examine, and make recommendations

regarding the following:

(a) actions that may be necessary to ensure the availability of an

adequate supply of scrap rubber to meet projected demand in the

construction or improvement of public highways; and

(b) an estimation of the additional expense, if any, to the state or

localities in the utilization of rubber-modified asphalt technologies.

4. In the preparation of this report the commissioner shall consult

with the county and other state governments, the New York state thruway

authority, the port authority of New York and New Jersey and such public

or private agencies as the commissioner deems appropriate.

* NB There are 2 § 23's

Property for highways, bridges and other highway uses and

purposes to be acquired by acquisition. 1. Notwithstanding any

inconsistent provisions of this chapter, or any other laws, general or

special, the commissioner of transportation shall, whenever the federal

government shall agree to grant or contribute to the state not less than

twenty-five per centum of the cost thereof, acquire pursuant to the

provisions of the eminent domain procedure law any and all property

necessary for the construction and reconstruction of highway projects

located on the "strategic network of highways," as defined in the

federal defense highway act of nineteen hundred forty-one and as revised

to May fifteenth, nineteen hundred forty-one and approved by the

secretary of war, or on such network as hereafter revised and approved,

and also any and all property necessary for any other highway project,

exclusive of parkways, when certified by the army or navy as important

for the purposes of national defense, and a like grant or contribution

is to be made by the federal government. A highway indicated under this

section for construction or improvement, or any portion of such highway,

may be constructed or improved, or reconstructed, as a controlled access

highway, upon the adoption of a resolution by a majority vote of the

board of supervisors of the county in which the highway is to be

constructed. The resolution of the board of supervisors herein referred

to shall not be required in relation to highways to be projected as

through trunk routes and principally on new location. The costs of all

such property as may be acquired under this section shall be paid in the

first instance from any funds available for the construction,

reconstruction and improvement of state highways and bridges.

2. The commissioner of transportation shall cause to be prepared an

accurate acquisition map of any property which he may deem necessary for

purposes connected with such highway projects or of any property in and

to which he may deem the acquisition or exercise of an easement,

interest or right to be necessary for such purposes indicating and

describing in each case the particular easement, interest or right. On

the approval of such acquisition map by the commissioner of

transportation, he shall acquire such property, easements, interests or

rights pursuant to the eminent domain procedure law.

3. If the commissioner shall determine, prior to the filing of a copy

of a map of acquisition, as provided in section four hundred two of the

eminent domain procedure law, in the office of the county clerk as

aforesaid, that changes, alterations or modifications of such map as

filed in the main office of the department should be made, he or she

shall, subject to the provisions of article two of the eminent domain

procedure law, if applicable, direct the preparation of an amended map,

either by preparing a new map or by making changes on the original

tracing of such map, with a notation indicating such changes. On the

approval of such amended map by the commissioner, it shall be filed in

the main office of the department in the same manner as the original map

was filed and the amended map shall thereupon in all respects and for

all purposes supersede the map previously filed.

4. If the commissioner shall determine, prior to the filing of such

copy of the acquisition map in the office of the county clerk as

provided in section four hundred two of the eminent domain procedure

law, that such map should be withdrawn, he or she shall file a

certificate of withdrawal in the offices of the department and

department of law. Upon the filing of such certificate of withdrawal,

the map to which it refers shall be cancelled and all rights thereunder

shall cease and determine.

5. If, at or after the vesting of title to such property in the people

of the state of New York in the manner provided for in the eminent

domain procedure law, the commissioner of transportation shall deem it

necessary to cause the removal of an owner or other occupant from such

property, he may cause such owner or other occupant to be removed

therefrom by proceeding in accordance with section four hundred five of

such law. The proceeding shall be brought in the name of the

commissioner of transportation as agent of the state. If any person

proceeded against shall contest the petition by an answer, the attorney

general shall be notified, and he thereafter shall represent the

petitioner in the proceedings. No execution shall issue for costs, if

any, awarded against the state or the commissioner of transportation,

but they shall be part of the costs of the acquisition and be paid in

like manner. Proceedings may be brought separately against one or more

of the owners or other occupants of a property, or one proceeding may be

brought against all or several of the owners or other occupants of any

or all property within the territorial jurisdiction of the same justice

or judge; judgment shall effect or be made for immediate removal of

persons defaulting in appearance or in answering, or withdrawing their

answers, if any, without awaiting the trial or decision of issues raised

by contestants, if any.

6. The commissioner of transportation upon making any agreement

provided for in section three hundred four of the eminent domain

procedure law shall deliver to the comptroller such agreement and a

certificate stating the amount due such owner or owners thereunder on

account of such appropriation of his or their property and the amount so

fixed shall be paid out of the state treasury, after audit by the

comptroller, from moneys appropriated for purposes connected with such

highway projects, but not until there shall have been filed with the

comptroller a certificate of the attorney general showing the person or

persons claiming the amount so agreed upon to be legally entitled

thereto.

7. Application for reimbursement of incidental expenses as provided in

section seven hundred two of the eminent domain procedure law shall be

made to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereof, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from monies

appropriated for the acquisition of property under this section.

8. The commissioner of transportation, with the approval of the

director of the budget, shall establish and may from time to time amend

rules and regulations authorizing the payment of actual reasonable and

necessary moving expenses of occupants of property acquired pursuant to

this section; of actual direct losses of tangible personal property as a

result of moving or discontinuing a business or farm operation, but not

exceeding an amount equal to the reasonable expenses that would have

been required to relocate such property, as determined by the

commissioner; and actual reasonable expenses in searching for a

replacement business or farm; or in hardship cases for the advance

payment of such expenses and losses. For the purposes of making payment

of such expenses and losses only, the term "business" means any lawful

activity conducted primarily for assisting in the purchase, sale,

resale, manufacture, processing or marketing of products, commodities,

personal property or services by the erection and maintenance of an

outdoor advertising display or displays, whether or not such display or

displays are located on the premises on which any of the above

activities are conducted.

Such rules and regulations may further define the terms used in this

subdivision. In lieu of such actual reasonable and necessary moving

expenses, any such displaced owner or tenant of residential property may

elect to accept a moving expense allowance, plus a dislocation

allowance, determined in accordance with a schedule prepared by the

commissioner and made a part of such rules and regulations. In lieu of

such actual reasonable and necessary moving expenses, any such displaced

owner or tenant of commercial property who relocates or discontinues his

business or farm operation may elect to accept a fixed relocation

payment in an amount equal to the average annual net earnings of the

business or farm operation, except that such payment shall be not less

than two thousand five hundred dollars nor more than ten thousand

dollars. In the case of a business, no such fixed relocation payment

shall be made unless the commissioner finds and determines that the

business cannot be relocated without a substantial loss of its existing

patronage, and that the business is not part of a commercial enterprise

having at least one other establishment, which is not being acquired by

the state or the United States, which is engaged in the same or similar

business. In the case of a business which is to be discontinued but for

which the findings and determinations set forth above cannot be made,

the commissioner may prepare an estimate of what the actual reasonable

and necessary moving expenses, exclusive of any storage charges, would

be if the business were to be relocated, and enter into an agreed

settlement with the owner of such business for an amount not to exceed

such estimate in lieu of such actual reasonable and necessary moving

expenses. Application for payment under this subdivision shall be made

to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereunder, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section. As used

in this subdivision the term "commercial property" shall include

property owned by an individual, family, partnership, corporation,

association or a nonprofit organization and includes a farm operation.

As used in this subdivision the term "business" means any lawful

activity, except a farm operation, conducted primarily for the purchase,

sale, lease and rental of personal and real property, and for the

manufacture, processing, or marketing of products, commodities, or any

other personal property; for the sale of services to the public; or by a

nonprofit organization.

9. The commissioner of transportation pursuant to section three

hundred five of the eminent domain procedure law may make agreements on

such terms, conditions and consideration as he deems beneficial to the

state with respect to any property heretofore or hereafter acquired,

whereby such property may be used and occupied by the former owner,

tenant or by any other party from a date specified in said agreement,

until such time as the state requires and obtains actual physical

possession. The agreements for the use and occupancy of such property

may be managed, supervised and enforced (1) by the staff, forces and

equipment of the department of transportation; or (2) by the

commissioner of transportation contracting for the management,

supervision and enforcement thereof with any person, firm or

corporation; or (3) by a combination of such methods.

The use and occupancy of such property under the provisions of this

section and the right of the state or its duly authorized agent to

recover possession thereof shall not be subject to the emergency housing

rent control law.

Expenses which are determined by the commissioner of transportation to

have been incurred in connection with the use and occupancy of such

property may be paid out of the state treasury after audit by the

comptroller from moneys appropriated for the duly authorized project for

which the property was acquired. However, such expenses incurred under a

contract for management and supervision of such property may be paid out

of the gross revenue therefrom. All moneys received by the commissioner

of transportation for such use or occupancy shall be paid into the

treasury of the state to the credit of the capital construction fund.

10. Authorization is hereby given to the commissioner of

transportation to make supplemental relocation payments, separately

computed and stated, to displaced owners and tenants of residential

property acquired pursuant to this section who are entitled thereto, as

determined by him. The commissioner, with the approval of the director

of the budget, may establish and from time to time amend rules and

regulations providing for such supplemental relocation payments. Such

rules and regulations may further define the terms used in this

subdivision. In the case of property acquired pursuant to this section

which is improved by a dwelling actually owned and occupied by the

displaced owner for not less than one hundred eighty days immediately

prior to initiation of negotiations for the acquisition of such

property, such payment to such owner shall not exceed fifteen thousand

dollars. Such payment shall be the amount, if any, which, when added to

the acquisition payment equals the average price, established by the

commissioner on a class, group or individual basis, required to obtain a

comparable replacement dwelling that is decent, safe and sanitary to

accommodate the displaced owner, reasonably accessible to public

services and places of employment and available on the private market,

but in no event shall such payment exceed the difference between

acquisition payment and the actual purchase price of the replacement

dwelling. Such payment shall include an amount which will compensate

such displaced owner for any increased interest costs which such person

is required to pay for financing the acquisition of any such comparable

replacement dwelling. Such amount shall be paid only if the dwelling

acquired pursuant to this section was encumbered by a bona fide mortgage

which was a valid lien on such dwelling for not less than one hundred

eighty days prior to the initiation of negotiations for the acquisition

of such dwelling. Such amount shall be equal to the excess in the

aggregate interest and other debt service costs of that amount of the

principal of the mortgage on the replacement dwelling which is equal to

the unpaid balance of the mortgage on the acquired dwelling, over the

remainder term of the mortgage on the acquired dwelling, reduced to

discounted present value. The discount rate shall be the prevailing

interest rate paid on savings deposits by commercial banks in the

general area in which the replacement dwelling is located. Any such

mortgage interest differential payment shall, notwithstanding the

provisions of section twenty-six-b of the general construction law, be

in lieu of and in full satisfaction of the requirements of such section.

Such payment shall include reasonable expenses incurred by such

displaced owner for evidence of title, recording fees and other closing

costs incident to the purchase of the replacement dwelling, but not

including prepaid expenses. Such payment shall be made only to a

displaced owner who purchases and occupies a replacement dwelling which

is decent, safe and sanitary within one year subsequent to the date on

which he is required to move from the dwelling acquired pursuant to this

section or the date on which he receives from the state final payment of

all costs of the acquired dwelling, whichever occurs later, except

advance payment of such amount may be made in hardship cases. In the

case of property acquired pursuant to this section from which an

individual or family, not otherwise eligible to receive a payment

pursuant to the above provisions of this subdivision, is displaced from

any dwelling thereon which has been actually and lawfully occupied by

such individual or family for not less than ninety days immediately

prior to the initiation of negotiations for the acquisition of such

property, such payment to such individual or family shall not exceed

four thousand dollars. Such payment shall be the amount which is

necessary to enable such individual or family to lease or rent for a

period not to exceed four years, a decent, safe, and sanitary dwelling

of standards adequate to accommodate such individual or family in areas

not generally less desirable in regard to public utilities and public

and commercial facilities and reasonably accessible to his place of

employment, but shall not exceed four thousand dollars, or to make the

down payment, including reasonable expenses incurred by such individual

or family for evidence of title, recording fees, and other closing costs

incident to the purchase of the replacement dwelling, but not including

prepaid expenses, on the purchase of a decent, safe and sanitary

dwelling of standards adequate to accommodate such individual or family

in areas not generally less desirable in regard to public utilities and

public and commercial facilities, but shall not exceed four thousand

dollars, except if such amount exceeds two thousand dollars, such person

must equally match any such amount in excess of two thousand dollars, in

making the down payment. Such payments may be made in installments as

determined by the commissioner. Application for payment under this

subdivision shall be made to the commissioner upon forms prescribed by

him and shall be accompanied by such information and evidence as the

commissioner may require. Upon approval of such application, the

commissioner shall deliver a copy thereof to the comptroller, together

with a certificate stating the amount due thereunder, and the amount so

fixed shall be paid out of the state treasury after audit by the

comptroller from moneys appropriated for the acquisition of property

under this section.

11. Any owner may present to the court of claims, pursuant to section

five hundred three of the eminent domain procedure law, a claim for the

value of property acquired and for legal damages, as provided by law for

the filing of claims with the court of claims. Awards and judgments of

the court of claims shall be paid in the same manner as awards and

judgments of that court for the acquisition of lands generally and shall

be paid out of the state treasury from moneys appropriated for purposes

connected with such highway projects.

12. If the work of construction or reconstruction of any highway

project shall cause actual damage to property not acquired as above

provided, the state shall be liable therefor, but this provision shall

not be deemed to create any liability on the part of the state not

already existing in law. Claims for such damage may be adjusted by the

commissioner of transportation, if the amounts thereof can be agreed

upon with the persons making such claims, and any amount so agreed upon

shall be paid as a part of the cost of the construction or

reconstruction of such highway project as prescribed by this section. If

the amount of any such claim is not agreed upon, such claim may pursuant

to the eminent domain procedure law, be presented to the court of claims

which is hereby authorized to hear such claim and determine if the

amount of such claim or any part thereof is a legal claim against the

state and if it so determines, to make an award and enter judgment

thereon against the state, provided, however, that such claim is filed

with the court of claims within three years after the final acceptance

of the work by the commissioner of transportation.

13. Notwithstanding any other provision of this section, the

commissioner of transportation shall have the power to acquire by grant

or purchase, in the name of the people of the state of New York, any

property which he deems necessary for any of the purposes provided for

in this section, and payment therefor, if any, shall be made in the

manner prescribed in this section for the payment of adjusted

acquisition claims, provided, however, that no real property shall be so

acquired unless the title thereto shall be approved by the attorney

general.

14. The expense of such acquisitions including administrative duties

in connection therewith, the cost of making surveys, and preparing

descriptions and maps of property to be acquired, serving notice of

appropriation, publication, making appraisals and agreements and of

searches ordered and examinations and readings of title made by the

attorney general, and expenses incurred by the commissioner or attorney

general in proceedings for removal of owners and occupants, shall be

deemed part of the cost of such highway projects.

15. Notwithstanding the provisions of any general, special or local

law, the commissioner of transportation, his officers, agents or

contractor and the officers or agents of the United States when engaged

on such highway projects, may, pursuant to section four hundred four of

the eminent domain procedure law, enter upon property for the purpose of

making surveys, test pits, test borings, or other investigations and

also for temporary occupancy during construction. Claims for any damage

caused by such entry, work or occupation not exceeding two thousand five

hundred dollars may be adjusted by agreement by the commissioner of

transportation with the owner of the property affected as determined by

him by reasonable investigation without appropriating such property.

Upon making any such adjustment and agreement, the commissioner of

transportation shall deliver to the comptroller such agreement and a

certificate stating the amount due such owner and the amount so fixed

shall be paid out of the state treasury from monies appropriated for the

acquisition of property for the project requiring such entry, work or

occupation.

17. The provisions of this section shall not affect any proceeding for

the acquisition by a county of property for state highway purposes where

such county has, before the effective date of this section, certified to

the commissioner of transportation that certain property has been

purchased or options therefor executed or acquisition proceeding

instituted, but all such undertakings instituted by a county shall be

continued and the acquisition of the property consummated in the manner

provided by law applicable thereto as in force prior to the taking

effect of this section.

18. Notwithstanding any other provision of this section, the

commissioner of transportation shall have the power to acquire by grant

or purchase, in the name of the people of the state of New York, any

property which he deems necessary for any of the purposes provided for

in this section and may also acquire for such purposes from the

Palisades interstate park commission, in the name of the people of the

state of New York, such lands and such easements, licenses, permits and

other rights over lands as the said commission is authorized to grant,

sell, exchange or convey. When the acquisition by appropriation, grant

or purchase of property deemed necessary for highway purposes would

result in substantial consequential damages to the owner's remaining

property, due to loss of access, severance or control of access, the

commissioner of transportation, for and in behalf of the people of the

state of New York, may acquire by purchase or grant all or any portion

of such remaining property. Payment therefor, if any, shall be made in

the manner prescribed in this section for the payment of adjusted

appropriation claims, provided, however, that no real property shall be

so acquired unless the title thereto shall be approved by the attorney

general.

Acquisition by the state of property required for the

construction and reconstruction of state highways and structures

thereon. 1. (a) Upon the construction, reconstruction or improvement,

pursuant to this chapter of a state highway the property required

therefor may be acquired by the state as provided in the eminent domain

procedure law. A state highway indicated under this chapter for

construction or improvement, or any portion of such highway, may be

constructed, reconstructed or improved, as a controlled access highway,

upon the adoption of a resolution by a majority vote of the members of

the board of supervisors of the county in which the highway is to be

constructed. The resolution of the board of supervisors herein referred

to shall not be required in relation to highways to be projected as

through trunk routes and principally on new locations.

(b) Whenever plans for the construction, reconstruction or improvement

of a state highway which is now or which shall hereafter be designated

in section three hundred forty-one of this chapter, shall provide for

the relocation of such state highway or portion thereof on a location

which deviates from the location of the existing highway for a

continuous length in excess of one mile as measured along the center

line of the existing highway, the commissioner of transportation shall,

before filing the descriptions and the original tracings of any maps or

proceeding with the acquisition of property or the work of construction,

reconstruction or improvement, transmit such plans to the board of

supervisors of each county in which such relocation or any portion

thereof is situated. In case the relocation or any portion thereof as

proposed, is situated in a county other than the county in which the

existing highway or portion thereof is located, such plans shall be

transmitted to both of such counties and shall be subject to the

approval, disapproval or modification by each of such counties in the

manner as hereinafter provided. The board of supervisors, after the

receipt of such plans, may conduct a public hearing or hearings upon

such notice as such board of supervisors shall deem reasonable, but not

less than ten days, to the commissioner of transportation and to such

other party or parties deemed by said board of supervisors to be

interested in the project. In any event, and within ninety days after

receipt of the plans, the board of supervisors shall, by resolution,

duly adopted by a majority vote of its members, approve, disapprove or

recommend modifications in such plans as the public interest shall

require. Within ten days after the adoption of the resolution, the clerk

of the board of supervisors shall mail a certified copy thereof to the

commissioner of transportation. In case such relocation is situated in

two or more counties, such resolution must be separately adopted by the

board of supervisors of each county as to the relocation situated

therein. The form of the resolution shall be prescribed by the

commissioner of transportation. In case the board of supervisors shall

disapprove the plans, without proposing modifications, the commissioner

of transportation may, in his discretion, prepare and submit to the

board of supervisors for approval other plans for the construction,

reconstruction or improvement of the state highway to be acted upon by

the board of supervisors in the manner herein prescribed within sixty

days after receipt of such plans. In case the board of supervisors shall

disapprove the plans, and shall recommend modifications, the

commissioner of transportation may approve the plans as so modified, or

recommend other modifications for approval, and such state highway shall

be constructed, reconstructed, or improved in accordance with such plans

as finally approved. When the plans, for construction, reconstruction or

improvement of a state highway have finally been approved as herein

provided, no resolution thereafter adopted by the board of supervisors

of a county shall rescind, annul or modify such prior resolution either

directly or indirectly, excepting upon the advice and with the consent

of the commissioner of transportation. Upon the failure or omission of

any board of supervisors to act within the time and manner herein

required, the said plans shall be deemed to be approved so far as such

board of supervisors is concerned.

2. The commissioner of transportation, for and in behalf of the people

of the state of New York may acquire, pursuant to the eminent domain

procedure law any and all property necessary for the construction,

reconstruction and improvement of state highways and bridges or culverts

on the state highway system, including the appropriation of property for

drains, ditches, spoil banks, gravel pits and stone quarries; also for

the removal of obstructions, improvement of sight distances; also for

acquisition of property for the reconstruction of existing

highway-railroad separation structures and for the separation of

highway-railroad grades on newly laid-out highways; and for other

purposes to improve safety conditions on the state highway system. When

the commissioner is exercising the property acquisition power granted

him pursuant to subdivision six of section eighty-nine of this chapter,

relating to control of junkyards and scrap metal processing facilities,

such term "property" shall include junk located upon land to be

appropriated and described on the acquisition map in a manner sufficient

to permit reasonable identification thereof.

3. The commissioner of transportation shall cause to be prepared an

accurate acquisition map of any property which he may deem necessary for

purposes connected with such highway projects or of any property in and

to which he may deem the acquisition or exercise of an easement,

interest or right to be necessary for such purposes indicating and

describing in each case the particular easement, interest or right.

Unless access to and from abutting property is expressly acquired by the

terms of the description and map, any permanent drainage easement

heretofor or hereafter acquired pursuant to this chapter shall be deemed

as reserving to the owner of the property, his successors and assigns,

the right of access over, through or across the easement for utility

lines, cables or conduits and by foot or by vehicle and with the right

to construct and maintain on such property a road or roads as necessary

for the exercise of such right, provided that the exercise of such right

does not interfere with the drainage for which the easement was

acquired. On the approval of such acquisition map by the commissioner of

transportation, he shall acquire such property, easements, interests or

rights pursuant to the eminent domain procedure law.

4. If the commissioner shall determine, prior to the filing of such

copy of the acquisition map in the office of county clerk as aforesaid,

that changes, alterations or modifications of such map as filed in the

office of the department should be made, he or she shall, subject to the

provisions of article two of the eminent domain procedure law, if

applicable, direct the preparation of an amended map, either by

preparing a new map or by making changes on the original tracing of such

map, with a notation indicating such changes. On the approval of such

amended map by the commissioner, it shall be filed in the main office of

the department in the same manner as the original map was filed and the

amended map shall thereupon in all respects and for all purposes

supersede the map previously filed.

5. If the commissioner shall determine, prior to filing a copy of an

acquisition map in the office of the county clerk as provided in section

four hundred two of the eminent domain procedure law, that such map

should be withdrawn, he or she shall file a certificate of withdrawal in

the offices of the department and department of law. Upon the filing of

such certificate of withdrawal, the map to which it refers shall be

cancelled and all rights thereunder shall cease and determine.

6. The commissioner of transportation shall deliver to the attorney

general a copy of such acquisition map whereupon it shall be the duty of

the attorney general to advise and certify to the commissioner of

transportation the names of the owners of the property, easements,

interests or rights described in the said acquisition map, including the

owners of any right, title or interest therein pursuant to the

requirements of section four hundred three of the eminent domain

procedure law.

7. If, at or after the vesting of title to such property in the people

of the state of New York in the manner provided for in the eminent

domain procedure law, the commissioner of transportation shall deem it

necessary to cause the removal of an owner or other occupant from such

property, he may cause such owner or other occupant to be removed

therefrom by proceeding in accordance with section four hundred five of

said law. The proceeding shall be brought in the name of the

commissioner of transportation as agent of the state. If any person

proceeded against shall contest the petition by an answer, the attorney

general shall be notified, and he thereafter shall represent the

petitioner in the proceedings. No execution shall issue for costs, if

any, awarded against the state or the commissioner of transportation,

but they shall be part of the costs of the acquisition and be paid in

like manner. Proceedings may be brought separately against one or more

of the owners or other occupants of a property, or one proceeding may be

brought against all or several of the owners or other occupants of any

or all property within the territorial jurisdiction of the same justice

or judge; judgment shall effect or be made for immediate removal of

persons defaulting in appearance or in answering, or withdrawing their

answers, if any, without awaiting the trial or decision of issues raised

by contestants, if any.

8. The commissioner of transportation, upon making any agreement

provided for in section three hundred four of the eminent domain

procedure law, shall deliver to the comptroller such agreement and a

certificate stating the amount due such owner or owners thereunder on

account of such appropriation of his or their property and the amount so

fixed shall be paid out of the state treasury, after audit by the

comptroller, from moneys appropriated for purposes connected with such

highway projects, but not until there shall have been filed with the

comptroller a certificate of the attorney general showing the person or

persons claiming the amount so agreed upon to be legally entitled

thereto.

9. Application for reimbursement of incidental expenses as provided in

section seven hundred two of the eminent domain procedure law shall be

made to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereof, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from monies

appropriated for the acquisition of property under this section.

10. The commissioner, with the approval of the director of the budget,

shall establish and may from time to time amend rules and regulations

authorizing the payment of actual reasonable and necessary moving

expenses of occupants of property acquired pursuant to this section; of

actual direct losses of tangible personal property as a result of moving

or discontinuing a business or farm operation, but not exceeding an

amount equal to the reasonable expenses that would have been required to

relocate such property, as determined by the commissioner; of actual

reasonable expenses in searching for a replacement business or farm; and

of actual reasonable expenses necessary to reestablish a displaced farm,

not-for-profit organization or small business at its new site, but not

to exceed ten thousand dollars, or in hardship cases for the advance

payment of such expenses and losses. In lieu of such actual reasonable

and necessary moving expenses, any such displaced owner or tenant of

residential property may elect to accept a moving expense allowance,

plus a dislocation allowance, determined in accordance with a schedule

prepared by the commissioner and made a part of such rules and

regulations. In lieu of such actual reasonable and necessary moving

expenses and actual reasonable reestablishment expenses, any such

displaced owner or tenant of commercial property who meets eligibility

criteria and relocates or discontinues his business or farm operation

may elect to accept a fixed relocation payment in an amount equal to the

average annual net earnings of the business or farm operation, except

that such payment shall be not less than one thousand dollars nor more

than twenty thousand dollars. A displaced not-for-profit organization

may choose a fixed payment of one thousand to twenty thousand dollars in

lieu of the payment for actual moving and related expenses and actual

reasonable reestablishment expenses if eligibility criteria are met.

Application for payment under this subdivision shall be made to the

commissioner upon forms prescribed by him and shall be accompanied by

such information and evidence as the commissioner may require. Upon

approval of such application, the commissioner shall deliver a copy

thereof to the comptroller together with a certificate stating the

amount due thereunder, and the amount so fixed shall be paid out of the

state treasury after audit by the comptroller from moneys appropriated

for the acquisition of property under this section. As used in this

subdivision the term "commercial property" shall include property owned

by an individual, family, partnership, corporation, association or a

not-for-profit organization and includes a farm operation. As used in

this subdivision the term "business" means any lawful activity, except a

farm operation, conducted primarily for the purchase, sale, lease and

rental of personal and real property, and for the manufacture,

processing, or marketing of products, commodities, or any other personal

property; for the sale of services to the public; or by a not-for-profit

organization. The term "small business" means a business having not more

than five hundred employees working at the site being acquired or

permanently displaced. As used in this subdivision, the term "farm

operation" means any activity conducted solely or primarily for the

production of one or more agricultural products or commodities including

timber, for sale or home use, and customarily producing such products or

commodities in sufficient quantities to be capable of contributing

materially to the operator's support.

11. The commissioner of transportation pursuant to section three

hundred five of the eminent domain procedure law may make agreements on

such terms, conditions and consideration as he deems beneficial to the

state with respect to any property heretofore or hereafter acquired,

whereby such property may be used and occupied by the former owner,

tenant or by any other party from a date specified in said agreement,

until such time as the state requires and obtains actual physical

possession. The agreements for the use and occupancy of such property

may be managed, supervised and enforced (1) by the staff, forces and

equipment of the department of transportation; or (2) by the

commissioner of transportation contracting for the management,

supervision and enforcement thereof with any person, firm or

corporation; or (3) by a combination of such methods.

The use and occupancy of such property under the provisions of this

section and the right of the state or its duly authorized agent to

recover possession thereof shall not be subject to the emergency housing

rent control law.

Expenses which are determined by the commissioner of transportation to

have been incurred in connection with the use and occupancy of such

property may be paid out of the state treasury after audit by the

comptroller from moneys appropriated for the duly authorized project for

which the property was acquired. However, such expenses incurred under a

contract for management and supervision of such property may be paid out

of the gross revenue therefrom. All moneys received by the commissioner

of transportation for such use or occupancy shall be paid into the

treasury of the state to the credit of the capital construction fund.

12. Authorization is hereby given to the commissioner to make

supplemental relocation payments, separately computed and stated, to

displaced owners and tenants of residential property acquired pursuant

to this section who are entitled thereto, as determined by him. The

commissioner, with the approval of the director of the budget, may

establish and from time to time amend rules and regulations providing

for such supplemental relocation payments or replacement housing. Such

rules and regulations may further define the terms used in this

subdivision. In the case of property acquired pursuant to this section

which is improved by a dwelling actually owned and occupied by the

displaced owner for not less than one hundred eighty days immediately

prior to initiation of negotiations for the acquisition of such

property, such payment to such owner shall not exceed twenty-two

thousand five hundred dollars. Such payment shall be the amount, if any,

which, when added to the acquisition payment equals the average price,

established by the commissioner on a class, group or individual basis,

required to obtain a comparable replacement dwelling that is decent,

safe and sanitary to accommodate the displaced owner, reasonably

accessible to public services and places of employment and available on

the private market, but in no event shall such payment exceed the

difference between acquisition payment and the actual purchase price of

a replacement dwelling which is decent, safe and sanitary. Such payment

shall include an amount which will compensate such displaced owner for

any increased interest costs which such person is required to pay for

financing the acquisition of any such comparable replacement dwelling.

Such amount shall be paid only if the dwelling acquired pursuant to this

section was encumbered by a bona fide mortgage which was a valid lien on

such dwelling for not less than one hundred eighty days prior to the

initiation of negotiations for the acquisition of such dwelling. Any

such mortgage interest differential payment shall, notwithstanding the

provisions of section twenty-six-b of the general construction law, be

in lieu of and in full satisfaction of the requirements of such section.

Such payment shall include reasonable expenses incurred by such

displaced owner for evidence of title, recording fees and other closing

costs incident to the purchase of the replacement dwelling, but not

including prepaid expenses. Such payment shall be made only to a

displaced owner who purchases and occupies a replacement dwelling which

is decent, safe and sanitary within one year subsequent to the date on

which he is required to move from the dwelling acquired pursuant to this

section or the date the department identifies, for the displaced owner,

replacement housing actually available within the limits of the offer

extended for replacement housing, whichever occurs later, except advance

payment of such amount may be made in hardship cases. In the case of

property acquired pursuant to this section from which an individual or

family, not otherwise eligible to receive a payment pursuant to the

above provisions of this subdivision, is displaced from any dwelling

thereon which has been actually and lawfully occupied by such individual

or family for not less than ninety days immediately prior to the

initiation of negotiations for the acquisition of such property, such

payment to such individual or family shall not exceed five thousand two

hundred fifty dollars. Such payment shall be the amount which is

necessary to enable such individual or family to lease or rent for a

period not to exceed forty-two months, a decent, safe, and sanitary

dwelling of standards adequate to accommodate such individual or family

in areas not generally less desirable in regard to public utilities and

public and commercial facilities and reasonably accessible to his place

of employment. Such payment may be used as a down payment, including

reasonable expenses incurred by such individual or family for evidence

of title, recording fees, and other closing costs incident to the

purchase of the replacement dwelling, but not including prepaid

expenses, on the purchase of a decent, safe and sanitary dwelling of

standards adequate to accommodate such individual or family in areas not

generally less desirable in regard to public utilities and public and

commercial facilities. Such payments may be made in installments as

determined by the commissioner. However, notwithstanding the provisions

of this subdivision, if it is determined by the commissioner that

replacement housing cannot be obtained for the supplemental relocation

payments specified herein, he may, subject to the approval of the

director of the budget, take such action as is necessary or appropriate

to provide last resort housing with the use of funds authorized for the

project. Application for payment under this subdivision shall be made to

the commissioner upon forms prescribed by him and shall be accompanied

by such information and evidence as the commissioner may require. Upon

approval of such application, the commissioner shall deliver a copy

thereof to the comptroller, together with a certificate stating the

amount due thereunder, and the amount so fixed shall be paid out of the

state treasury after audit by the comptroller from moneys appropriated

for the acquisition of property under this section.

13. The owner of any property, easements, interests or rights

acquired, may present to the court of claims, pursuant to section five

hundred three of the eminent domain procedure law, a claim for the value

of such property appropriated and for legal damages, as provided by law

for the filing of claims with the court of claims. Awards and judgments

of the court of claims shall be paid in the same manner as awards and

judgments of that court for the acquisition of lands generally and shall

be paid out of the state treasury from moneys appropriated for the

construction, reconstruction or improvement of state highways and

bridges.

14. If the work of construction or reconstruction of any highway

project shall cause actual damage to property not acquired as above

provided, the state shall be liable therefor, but this provision shall

not be deemed to create any liability on the part of the state not

already existing in law. Claims for such damage may be adjusted by the

commissioner of transportation, if the amounts thereof can be agreed

upon with the persons making such claims, and any amount so agreed upon

shall be paid as a part of the cost of the construction or

reconstruction of such highway project as prescribed by this section. If

the amount of any such claim is not agreed upon, such claim may pursuant

to the eminent domain procedure law, be presented to the court of claims

which is hereby authorized to hear such claim and determine if the

amount of such claim or any part thereof is a legal claim against the

state and if it so determines, to make an award and enter judgment

thereon against the state, provided, however, that such claim is filed

with the court of claims within three years after the final acceptance

of the work by the commissioner of transportation.

15. Notwithstanding any other provision of this section, the

commissioner of transportation shall have the power to acquire by grant

or purchase, in the name of the people of the state of New York, any

property which he deems necessary for any of the purposes provided for

in this section, and payment therefor, if any, shall be made in the

manner prescribed in this section for the payment of adjusted

acquisition claims, provided, however, that no real property shall be so

acquired unless the title thereto shall be approved by the attorney

general.

16. The expense of the acquisition of property including the cost of

making surveys and preparing descriptions and maps of property to be

acquired, and of administrative duties in connection therewith, serving

notice of acquisition, publication, making title searches, appraisals

and agreements, and examinations and readings and approval of titles

made by the attorney general, and expenses incurred by the commissioner

of transportation or the attorney general in proceedings for removal of

owners or occupants, shall be deemed part of the cost of such

improvement. The comptroller is hereby authorized to charge against any

moneys available for the construction and reconstruction or improvement

of state highways and bridges and to reserve therefrom such sums as may

be sufficient to defray the necessary expenses to be incurred by the

attorney general for examination, readings, and approval of titles, upon

the filing with him by the attorney general from time to time of a

certificate or certificates approved by the commissioner of

transportation setting forth such estimated expenses. Such expenses

shall be paid from the funds so reserved after audit by the state

comptroller.

17. Notwithstanding the provisions of any general, special or local

law, the commissioner of transportation, his officers, agents or

contractor and the officers or agents of the United States when engaged

on such highway projects, may, pursuant to section four hundred four of

the eminent domain procedure law, enter upon property for the purpose of

making surveys, test pits, test borings, or other investigations and

also for temporary occupancy during construction. Claims for any damage

caused by such entry, work or occupation not exceeding twenty-five

hundred dollars may be adjusted by agreement by the commissioner of

transportation with the owner of the property affected as determined by

him by reasonable investigation without appropriating such property.

Upon making any such adjustment and agreement, the commissioner of

transportation shall deliver to the comptroller such agreement and a

certificate stating the amount due such owner and the amount so fixed

shall be paid out of the state treasury from monies appropriated for the

acquisition of property for the project requiring such entry, work or

occupation.

18. The commissioner of transportation may determine whether any

property heretofore or hereafter acquired pursuant to this section for

any of the purposes connected with the highway system of the state of

New York may be, in whole or in part, sold or exchanged on terms

beneficial to the state, and in all cases of such determination he may,

subject to compliance with section four hundred six of the eminent

domain procedure law and notwithstanding the provisions of any general,

special or local law, so dispose of such property, provided however,

that on highways where access is not controlled such disposal of

property shall not thereby deprive an owner of any existing frontage

thereon immediately in front of his premises. In order to carry any such

sale or exchange into effect the commissioner of transportation is

hereby authorized to execute and deliver, in the name of the people of

the state, a quitclaim of, or a grant in and to, such property. Each

such instrument of conveyance shall be prepared by the attorney general

and before delivery thereof, shall be approved by him as to form and

manner of execution.

20. If, subsequent to the acquisition of a temporary easement right in

property pursuant to this section, the commissioner shall determine; (a)

that the purposes for which such easement right was acquired have been

accomplished and that the use and occupancy of said property for such

purposes is no longer necessary, or (b) that the period fixed by the

terms of such easement for expiration of the same should be further

limited, or (c) if the acquisition of such easement was for an

indefinite period, that such period should be fixed and determined, the

commissioner shall make a certificate to such effect. Upon the

expiration of the then fixed and determined term of the easement, the

easement will expire by the terms of the certificate and the affected

property will be surrendered back to the owner, free of such easement,

and the easement will be accordingly thereupon terminated, released and

extinguished. The commissioner shall cause a copy of such certificate to

be filed in the main office of the department. In the event that the

term of a temporary easement has been fixed at a specific period of time

by the description and map no further certificate shall be required.

The commissioner shall cause a copy of such certificate together with

notice of the filing thereof in the main office of the department to be

mailed to the owner of the property affected, as certified by the

attorney general, if the place of residence of such owner is known or

can be ascertained by a reasonable effort. A further copy of such

certificate and notice of filing shall be filed in the office of the

recording officer of each county wherein the property affected is

situated. On the filing of such certificate and notice with such officer

it shall be the duty of such officer to record same in the books used

for recording deeds in the office of such officer.

21. Notwithstanding any other provision of this section, the

commissioner of transportation shall have the power to acquire by grant

or purchase, in the name of the people of the state of New York, any

property which he deems necessary for any of the purposes provided for

in this section and may also acquire for such purposes from the

Palisades interstate park commission, in the name of the people of the

state of New York, such lands and such easements, licenses, permits and

other rights over lands as the said commission is authorized to grant,

sell, exchange or convey. When the acquisition by appropriation, grant

or purchase of property deemed necessary for highway purposes would

result in substantial consequential damages to the owner's remaining

property, due to loss of access, severance or control of access, the

commissioner of transportation, for and in behalf of the people of the

state of New York, may acquire by purchase or grant all or any portion

of such remaining property. Payment therefor, if any, shall be made in

the manner prescribed in this section for the payment of adjusted

appropriation claims, provided, however, that no real property shall be

so acquired unless the title thereto shall be approved by the attorney

general.

Exchange of reservation lands of the Seneca Nation of Indians.

1. Notwithstanding any other provision of law, the Seneca Nation of

Indians which owns and occupies reservation lands or any real property

interest therein as the common property of the Seneca Nation may, by the

act of the Seneca Council and, if required by federal statute or treaty,

with the approval of appropriate federal officials, grant and convey any

such lands or real property interest therein to the state for the

construction of Route 17 (Southern Tier Expressway) upon such terms and

conditions as the Seneca Council shall deem to be just and reasonable.

The terms lands and real property interest therein as used in this

section shall include lands, waters, rights in lands or waters,

structures, franchises and interests in land, including lands under

water and riparian rights, and any and all other things and rights

usually included within the said terms and includes also any and all

interests in such land and property less than full title, such as

permanent or temporary easements, right-of-way uses, leases, licenses

and all other incorporeal hereditaments, and every estate, interest or

right, legal or equitable.

2. Notwithstanding the provisions of any other law, the commissioner

of transportation is hereby authorized, where such property is

identified and requested by the Seneca Nation, to acquire property

outside the Seneca reservations, in the same manner as other property is

acquired for state highway purposes pursuant to this chapter or to use

property under the jurisdiction of the department of transportation, to

be exchanged in whole or in part on terms beneficial to the state for

Seneca reservation lands or real property interests therein acquired or

to be acquired from the Seneca Nation for the construction of Route 17

(Southern Tier Expressway). In order to effect any such exchange the

commissioner of transportation is hereby authorized to execute and

deliver, in the name of the people of the state, a quitclaim of, or a

grant in and to, such property, to the Seneca Nation involved to hold

for the benefit of the Nation. Each such instrument of conveyance shall

be prepared by the attorney general and, before delivery thereof, shall

be approved by him as to form and manner of execution.

3. Any propery granted and conveyed to the Seneca Nation of Indians in

exchange for reservation lands or interests in real property pursuant to

the provisions of this section shall thereafter be Indian reservation

lands, enjoying all the rights and privileges and subject to all the

limitations which now or hereafter shall inhere in Indian reservation

lands under law.

Contracts for construction or improvement of highways. State

highways shall be constructed or improved by contract. Upon the

completion and final adoption or approval, as provided by law, of the

plans and specifications for the construction or improvement of a state

highway, contracts therefor shall be executed as provided herein.

1. Advertising for proposals. The commissioner of transportation shall

advertise for proposals for the construction or improvement of such

highways or sections thereof according to the plans and specifications

prepared therefor. The advertisement shall be limited to a brief

description of the work proposed to be done, with an announcement

stating where the maps, plans and specifications may be seen, the terms

and conditions under which proposals will be received, the time and

place where the same will be opened, the amount of the draft or

certified check to accompany the proposal, and such other matters as the

commissioner of transportation may deem advisable to include therein.

Such advertisement shall be published at least once in each week for two

successive weeks in a newspaper published in the county in which such

highway or section thereof is to be constructed or improved, and in such

other newspapers as the commissioner of transportation may designate. If

no newspaper is published in the county, the publication of the

advertisement shall be in such newspaper or newspapers in an adjoining

county as may be selected by the commissioner of transportation. Failure

of such newspaper, published in such county or adjoining county, to

publish such advertisement as provided in this subdivision or as

directed by the commissioner of transportation shall not invalidate the

publication of advertisement for proposals provided such advertisement

is published in another newspaper or trade publication, which will be

most likely to give adequate notice to contractors of the work

contemplated and of the invitation to submit proposals therefor, at

least once in each week for any two successive weeks preceding the date

on which proposals described in such advertisement are to be received

and opened.

2. Proposals. Each proposal shall specify the correct gross sum for

which the work will be performed and shall also include the amount to be

charged for each item specified on the proposal estimate sheet. The

commissioner of transportation may prescribe and furnish forms for the

submission of such proposals and may prescribe the manner of submitting

the same which shall not be inconsistent herewith. Accompanying each

proposal there shall be either a certified check or bank cashier's check

for the amount of the bid deposit, to be fixed by the commissioner of

transportation and specified in the advertisement for proposals or such

other security from the bidder as may be acceptable to the commissioner

of transportation. The checks of the two low bidders shall be deposited

by the commissioner of transportation in a special account. Provided,

however, that if prior to or upon receipt of said checks by the

commissioner of transportation a bidder who is one of the two low

bidders shall have duly filed a bond as hereinafter provided the

commissioner of transportation shall forthwith return to said bidder his

aforesaid check without depositing the same. If alternate proposals are

taken, the checks of the two low bidders of all alternate proposals

shall be deposited. All checks other than those of the two low bidders

shall be returned promptly by the commissioner of transportation.

Notwithstanding the provisions of any general or special law, the money

represented by the checks of the two low bidders shall be paid from the

special account when the contractor has duly executed and delivered to

the commissioner of transportation the contract and the bond or bonds,

if any, required by law for the performance of the work of a public

improvement for the state of New York, or upon the rejection of all

bids. The low bidder, in the discretion of the commissioner of

transportation, and the second low bidder, as a matter of right, may at

any time after the opening of the respective proposals, file with the

commissioner of transportation a bond, the principal amount of which

shall at least equal the amount of the respective bidder's check,

theretofore deposited with his proposal, in the form prescribed by the

commissioner of transportation, with sufficient sureties, to be approved

by the commissioner of transportation, conditioned that the said bidder

will execute a contract and furnish such performance or other bonds as

may be required by law in accordance with the terms of the bidder's said

proposal. If a bidder complies with the aforesaid provision, the

commissioner of transportation shall forthwith return the money

represented by the check of such bidder. In case the bidder to whom the

contract shall be awarded shall fail to execute such contract and bond

if required, the moneys represented by such check shall be regarded as

liquidated damages and shall be forfeited to the state and shall be

deposited by the commissioner of transportation with the commissioner of

taxation and finance to the credit of the general fund. Provided,

however, that although a performance bond or a payment bond or both may

be accepted from a bidder by the commissioner of transportation, a

requirement to furnish such bond or bonds may be dispensed with where

the aggregate gross sums of the contracts to be awarded for the project

is under fifty thousand dollars and provided further, that in a case

where a single contract is issued for a project which is not subject to

the multiple contract award requirements of section one hundred

thirty-five of the state finance law, such requirements may be dispensed

with where the commissioner finds it to be in the public interest and

where the aggregate amount of the contract awarded or to be awarded is

less than two hundred fifty thousand dollars. The gross sums indicated

on the proposals when opened shall be publicly read. The commissioner

shall keep the bids for the several items of the proposals confidential

until an award of the contract is made, after which the proposals shall

be subject at all reasonable times to public inspection.

2-a. Contracts; rubber-modified asphalt materials. In regard to

contracts for construction or improvement of highways incorporating the

use of asphalt construction materials after May first, nineteen hundred

eighty-nine, the commissioner may require that the paving materials

incorporate a percentage of scrap rubber derived from motor vehicle

tires discarded in the state. Such percentage of rubber additives may be

established by the commissioner subsequent to the completion of a

rubber-modified asphalt pilot project to be conducted pursuant to

section twenty-three of this chapter.

3. Award of contracts. The contract for the construction or

improvement of such highway or section thereof shall be awarded to the

lowest responsible bidder, as will best promote the public interest. No

contract shall be awarded to a bidder other than the lowest responsible

bidder without the written approval of the comptroller. The lowest bid

shall be deemed to be that which specifically states the lowest gross

sum for which the entire work will be performed, including all the items

specified in the estimate thereof. The lowest bid shall be determined by

the commissioner of transportation on the basis of the gross sum for

which the entire work will be performed, arrived at by a correct

computation of all the items specified in the estimate therefor at the

unit prices contained in the bid.

4. Rejection of proposals. The commissioner of transportation may

reject any or all proposals and may advertise for new proposals as

provided in this section, if, in his opinion, the best interests of the

state will thereby be promoted.

5. Form of contract. The commissioner of transportation shall

prescribe the form of contract and may include therein such matters as

he may deem advantageous to the state.

6. Bond of contractor. Each contractor, before entering into a

contract for such construction or improvement, shall execute a bond in

the form prescribed by the commissioner of transportation, with

sufficient sureties, to be approved by the commissioner of

transportation, conditioned that he will perform the work in accordance

with the terms of the contract and the plans and specifications, and

that he will commence and complete the work within the time prescribed

in the contract. The bond shall also provide against any direct or

indirect damages that shall be suffered or claimed on account of such

construction or improvement during the time thereof, and until the

highway is accepted.

7. Payments on contract, state taxes. The contract shall provide for

partial payments as the work progresses as hereinafter provided:

(c) Whenever a contract shall in the judgment of the commissioner of

transportation be substantially completed, the commissioner of

transportation may, provided the regional director certifies that the

essential items in the contract have been completed in accordance with

the terms of the contract and the provisions of this chapter, direct the

regional director to include in the final account such uncompleted items

and pay therefor at the item prices in the contract upon the contractor

depositing with the commissioner of transportation a certified check

drawn upon a legally incorporated bank or trust company equal to at

least double the value of such uncompleted work or, with the approval of

the state comptroller, securities as are listed in subdivision three of

section one hundred thirty-nine of the state finance law, equal to at

least double the value of such uncompleted work. The deposit may be used

by the commissioner of transportation to complete the uncompleted

portion of the contract and shall be returned to the contractor if he

completes the uncompleted portion within a specified number of working

days after he has been notified to proceed with the work.

(d) No certificates approving or authorizing a partial or final

payment shall be made by the commissioner of transportation until he is

satisfied that all laborers employed on the work have been paid for

their services for the last payroll period preceding the said partial or

final payment. The commissioner of transportation may, if he deems

necessary, require an affidavit to such effect from the contractor or he

may depend on any other source which he deems proper for such

information.

(e) No such certificate approving or authorizing the first partial

payment or any final payment to a foreign contractor shall be made

unless such contractor shall furnish satisfactory proof that all taxes

due the state tax commission by such contractor, under the provisions of

or pursuant to a law enacted pursuant to the authority of article nine,

nine-a, twelve-a, sixteen, sixteen-a, twenty-one, twenty-two,

twenty-three, twenty-eight, twenty-nine or thirty of the tax law or

article two-E of the general city law have been paid. The certificate of

the state tax commission to the effect that all such taxes have been

paid shall be, for purpose of this paragraph, conclusive proof of the

payment of such taxes. The term "foreign contractor" as used in this

subdivision means, in the case of an individual, a person who is not a

resident of this state, in the case of a partnership, one having one or

more partners not a resident of this state, and in the case of a

corporation, one not organized under the laws of this state.

(f) Payment of the moneys due under a contract shall be made in

accordance with the provisions of article eleven-A of the state finance

law, provided failure to make such payment, as heretofore prescribed,

shall not be due to any fault, neglect, or omission on the part of the

contractor or by reason of the filing of any lien, attachment, or other

legal process against the money due said contractor.

(g) For the purpose of making a final payment on a highway

construction contract, the date to be used for determining the receipt

of an invoice in subdivision two of section one hundred seventy-nine-f

of the state finance law shall be the date on which the contract work

has been accepted as completed by the commissioner of transportation.

8. Contingencies and extra work. Whenever the commissioner of

transportation determines that from any unforeseen cause the terms of

any contract should be altered to provide for contingencies or extra

work, he may, if funds are available for payment of the cost thereof,

issue an order on contract therefor to the contractor, a copy of which

shall be filed with the director of the budget and the state

comptroller. The estimated expenditure pursuant to the order on contract

shall not increase the total amount of the primary contract until the

estimated expenditure shall have been approved by the commissioner of

transportation and a duplicate of such approval shall have been filed

with the comptroller. No such extra work shall be commenced or

undertaken until the commissioner of transportation has issued an order

on contract as herein provided.

When such order on contract provides for similar items of work or

materials which increase or decrease the itemized quantity provided for

in the primary contract, the price to be paid therefor shall not exceed

the unit bid price in the primary contract for such items. Agreed prices

for new items of work or materials may be incorporated in the order on

contract as the commissioner of transportation may deem them to be just

and fair and beneficial to the state.

Whenever the commissioner of transportation also determines that in

the cases herein provided it is impracticable for him to ascertain in

advance the just and fair price to be paid by the state for new items of

work or materials, the order on contract therefor may provide for

performance of the work and the furnishing of the materials and

equipment, in which event the contractor shall keep and shall make

available at all times to the commissioner of transportation such

accounting records, data and procedure as may be required by the

commissioner of transportation. An estimate of the value of such work

and the furnishing of materials and equipment shall be submitted by the

commissioner of transportation to the state comptroller who is hereby

empowered to approve such estimate. Partial and final payments shall be

made upon proper records and data itemized as hereinbefore indicated.

Before any final accounting shall become effective, a supplemental

contract and final agreement shall first be approved by the comptroller,

and filed in his office. The director of the budget may at his

discretion require the commissioner of transportation to submit periodic

summaries of and reports on the scope and status of highway projects in

such form and at such intervals as he may require, including any and all

contract documents.

9. Adjustment of disputes. Notwithstanding the provisions of any

general or special law, and in case of a dispute between a contractor

and the commissioner of transportation concerning questions of fact

which may arise under a contract, the contractor may, at any time before

the final estimate is rendered, petition the commissioner of

transportation for a hearing in relation thereto, provided (1) the

amount involved therein as shown by such petition does not exceed five

thousand dollars or five per centum of the final estimate of the

completed contract, whichever is greater, (2) the contractor has

complied with all provisions of the contract that relate to the filing

of any protest and also of any statement concerning the subject-matter

thereof, and (3) the contractor shall expressly agree in such petition

that any determination as hereinafter provided, shall be final and

conclusive upon all parties thereto. If the commissioner of

transportation grants such petition, he shall, within a reasonable time,

mail a notice to the contractor which shall specify the place of such

hearing and the date thereof which shall be within thirty days after the

mailing of such notice. Within ten days after such mailing, the

commissioner of transportation shall also mail a copy of the petition

and of such notice of hearing to the attorney general, who together with

the commissioner of transportation, shall constitute a board to (a) hear

such dispute, either personally or by any duly authorized officer or

employee of their respective departments, and (b) determine the issues

thereof.

Any amount fixed in the determination to be paid to the contractor

shall be deemed to be a special item to be incorporated in a final

supplemental contract and shall be payable from monies available for

construction and reconstruction of state highways, on the audit and

warrant of the comptroller on vouchers approved by the commissioner of

transportation.

Patented material or articles. In the construction, maintenance

or repair of state highways, no patented material or article or any

other material or article shall be specified, contracted for or

purchased, except under such circumstances that there can be fair and

reasonable opportunity for competition, the conditions to secure which

shall be prescribed by the commissioner of transportation.

Authority of commissioner of transportation with respect to the

performance of contracts for construction, reconstruction or improvement

of state highways, highway projects under the supervision of the

department of transportation, bridges, grade crossing eliminations and

stream channel improvements; completion of work by surety; cancellation

of contract by commissioner of transportation.

The performance of every contract for the construction, reconstruction

or improvement of a state highway, bridge, grade crossing elimination or

stream channel improvement shall be under the supervision and control of

the commissioner of transportation, and it shall be his duty to see that

every such contract is performed in accordance with the provisions of

the contract and with the plans and specifications forming a part

thereof. If the commissioner of transportation shall determine that the

work upon any contract for the construction, improvement, maintenance,

repair or reconstruction, of a state highway, other highway under the

supervision of the department of transportation, bridge, grade crossing

elimination or stream channel improvement, is not being performed

according to the contract or for the best interest of the state, the

execution of the work by the contractor may be temporarily suspended by

the commissioner of transportation, who may then proceed with the work

under his own direction in such manner as will accord with the contract

specifications and be for the best interests of the state; or he may

terminate the contractor's employment under the contract while it is in

progress, and thereupon, proceed with the work, in affirmance of the

contract, by contract negotiated or publicly let, by the use of his own

forces, by calling upon the surety to complete the work in accordance

with the plans and specifications or by a combination of any such

methods; or he may cancel the contract and either readvertise and relet

as provided in section thirty-eight of this chapter, or complete the

work under his own direction in such manner as will accord with the

contract specifications and be for the best interests of the state. Any

excess in the cost of completing the contract beyond the price for which

it was originally awarded shall be charged to and paid by the contractor

failing to perform the work or his surety. Where the estimate for the

completion of a cancelled contract or defaulted contract, or a contract

being completed pursuant to the provisions of this section, is in excess

of the balance of the amount originally set aside by the state to

provide for the construction, reconstruction, improvement, maintenance

or repair of such highway, or other construction project, together with

any amount appropriated by the county, town or village for such

improvement, the commissioner of transportation is authorized to set

aside from any funds available for the construction or reconstruction of

state highways, highway projects under the supervision of the department

of transportation, bridges, grade crossing eliminations and stream

channel improvements, an additional sum equal to such excess including

the proportionate share of the county, town or village; and to pay such

excess in the first instance, including the share of the county, town or

village, pending recovery of excess cost from the defaulting contractor

or his surety, as provided in this section. In the event that the state

fails to recover from the defaulting contractor or surety the excess

cost in completing the contract over the amount for which it was

originally awarded, the county, town, or village shall pay to the state

upon the demand of the commissioner of transportation the same

proportion of such excess cost as was originally appropriated by the

county, town or village, for the improvement, and the board of

supervisors, town board or village trustees shall be subject to mandamus

proceedings by the attorney general to enforce the payment of the share

of the county, town or village of such excess cost. Every contract for

the construction, improvement, maintenance, repair or reconstruction of

a state highway, highway project under the supervision of the department

of transportation, bridge, grade crossing elimination or stream channel

improvement, shall reserve to the commissioner of transportation the

right to suspend or cancel the contract as above provided, and to

complete the work thereunder by contract negotiated or publicly let or

by the use of his own forces, or affirm the contract and thereupon to

complete the work thereunder according to any of the methods above

provided as the commissioner of transportation may determine.

Maintenance of highways after preliminary work pending permanent

paving. Upon the completion of a contract for the preliminary grading

and structures of a state highway the commissioner of transportation

shall maintain said preliminary grading and structures until the

permanent pavement is laid thereon and charge the cost thereof together

with the state's share of the cost of said permanent pavement against

the money appropriated and available for the construction of state

highways.

Maintenance of detours during construction. The maintenance and

repair of any highway or right of way designated by official order of

the department of transportation for use as a detour, during the

construction, reconstruction, or improvement of a state highway, shall

be under the supervision of the department of transportation and shall

be paid out of the construction fund. Such highway or right of way

designated as a detour by the department of transportation shall be

deemed as an improved highway during construction, reconstruction or

repair, when the detour is necessary, and shall be maintained, repaired

and under the supervision of the department of transportation for the

period of necessity only.

Establishment of temporary detours when state highways are

being maintained or repaired. Notwithstanding the provisions of section

one hundred four of this chapter, whenever in the maintenance or repair

of a state highway, it is determined by the commissioner that it is

necessary to provide for a temporary detour over alternate roads,

streets, highways or routes, the commissioner shall have the power and

authority to establish such temporary detour over alternate roads,

streets, highways or routes as he deems necessary and proper for the

protection of the traveling public with the posting of conspicuous

signs, or use of flagmen, or a combination thereof, indicating such

temporary detour. Such temporary detour shall be adequate to prevent

unreasonable delay in the movement of traffic on said state highway. As

used herein "temporary detour" shall be a detour of an anticipated

duration not to exceed two weeks.

Intersections, grading and paving on county roads and town

highways at intersection with and during construction or reconstruction

of state highways. Whenever in the construction or reconstruction of a

state highway it is determined by the commissioner of transportation to

modify the grade or alignment of such state highway at its intersection

with a county road or a town highway, the commissioner of transportation

shall have power and authority to provide for and to grade and pave a

safe intersection upon the intersecting county road or town highway as

he deems necessary and proper for the protection of the traveling public

and the expense thereof shall be borne as a part of the cost of the

construction or reconstruction of such state highway and shall be

payable from any moneys appropriated for the construction or improvement

or reconstruction of state highways.

Acceptance of state highways when completed. Upon the completion

of a state highway, or section thereof, constructed or improved under a

contract let as provided in this article, the commissioner of

transportation shall cause the same to be inspected and if he approve,

accept the work.

Entry upon adjacent lands and streams. Lands adjacent to a state

highway or adjoining or in the bed or beds of any streams or creeks may

be entered upon and occupied by the commissioner of transportation, his

representatives and employees, or by a contractor or any of his agents

or employees when directed by the commissioner of transportation or his

representative:

1. to open, maintain or construct an existing ditch or drain or for

making surveys and for digging a new ditch or drain, or a section

thereof, for the free passage of water for the drainage of such

highways.

2. to perform such work of construction, reconstruction, improvement

or maintenance in order to keep the waters of such streams or creeks

within their proper channels and to prevent their encroachment upon

state highways or bridges thereon.

3. to remove or change the position of a fence or other obstruction

which, in the judgment of the commissioner of transportation, prevents

the free flow of water under or through a state highway, bridge or

culvert.

4. to remove any fence or other obstruction which, in the judgment of

the commissioner of transportation, causes snow to drift in and upon a

state highway, and to erect snow fences or other devices upon such lands

to prevent the drifting of snow in or upon any such highway.

5. to inspect trees for the purpose of determining whether any are in

such a condition as to constitute a danger to users of the adjacent

highway and to remove or prune those trees or parts thereof which in the

judgment of the commissioner constitute such a danger.

Notwithstanding the provisions of any general, special or local law or

of any inconsistent provision of this chapter, claims for any damage

caused by such entry and work and not exceeding three hundred and fifty

dollars may be adjusted by agreement by the commissioner of

transportation without appropriating any property. Upon making any such

agreement and adjustment, and upon the approval thereof by the

department of audit and control, the commissioner of transportation

shall deliver to the comptroller such agreement and a certificate

stating the amount due such owner for damage caused by such entry and

work and the amount so fixed shall be paid out of the state treasury

from moneys appropriated for the maintenance and repair of state

highways.

State highways in villages. A state highway may be constructed,

reconstructed or improved through a village so as to form a continuous

highway on the state highway system. Such highway within a village shall

be of such width and type of construction as the commissioner of

transportation deems to be adequate.

Notwithstanding any inconsistent provision of this chapter, the

commissioner of transportation is also authorized to construct,

reconstruct or improve as a state highway any street within any village

which has been or which may hereafter be built by the state as part of

the state highway system.

Notwithstanding the provisions of any general, special or local law or

any inconsistent provision of this chapter, the plans, specifications

and estimate of cost of such construction, reconstruction or improvement

provided in this section, may, in the discretion of the commissioner of

transportation, include the installation, construction, reconstruction

and improvement of curbs, drainage facilities and retaining walls to

protect pavements; the removing, relocating, constructing,

reconstructing and improving any existing structures, facilities and

appurtenances owned by any municipality and removing, relocating,

constructing, reconstructing and improving sidewalks and intersecting

highways, roads or streets to accommodate adjusted or changed grades of

highways, roads, or streets in the interest of public safety; all in

addition to the relevant provisions of this chapter that relate to the

preparation of plans, specifications and estimates for the construction,

reconstruction and improvement of state highways.

For all the purposes of this section, the jurisdiction of the

commissioner of transportation shall extend over the entire property

affected by the provisions hereof during the period of construction,

reconstruction or improvement, as such jurisdiction has been obtained or

may hereafter be obtained pursuant to the provisions of this chapter.

After the completion and acceptance of the work of constructing,

reconstructing or improving of a state highway passing through a

village, the state shall maintain and have jurisdiction over the

pavement area of such highway and may assume maintenance responsibility

and have jurisdiction over such other highway right of way areas as the

commissioner of transportation shall determine, by official order, are

necessary for the maintenance and protection of such highway facility.

No additional points of access to, or exit from, such highway facility

shall be made without prior written approval by the commissioner of

transportation. Any sidewalks, sewers,, water mains, curbs, paved

gutters, conduits, facilities and appurtenances that are provided

pursuant to this section, shall be maintained or shall be continued to

be maintained, as the case may be, by the village in which they are

located, or by the agency or other unit owning or having control and

jurisdiction thereof except the state shall maintain any drainage

ditches and storm sewer facilities which are constructed primarily to

service the state highway facility.

If a greater width or different type of construction is desired by the

municipality, the board of trustees of such village shall by resolution

petition the commissioner of transportation to provide the width and

type of construction desired. The additional expense caused by the

increased width or different type of construction or both shall be borne

wholly by the village. The commissioner of transportation may provide

for the width and type of construction described in such petition, if

the commissioner deems the filing of such petition to be timely and the

construction described therein to be practicable. Whenever the

commissioner of transportation shall have approved such a village

petition, the plans, specifications and estimates of cost, together with

an estimate showing the additional cost to be borne by the village, to

provide for the greater width or different type of construction or both,

shall be submitted to the board of trustees which, if it approve such

plans, specifications and estimate of additional cost, shall by

resolution appropriate the funds necessary to provide for the portion of

the cost of construction to be borne by the village. Such funds shall,

prior to the award of the contract, be deposited by the village with the

state comptroller subject to the draft or requisition of the

commissioner of transportation, and a certified copy of the resolution

shall be filed with the commissioner of transportation and with the

state comptroller. The moneys so required shall be raised by tax or

pursuant to the local finance law. Upon the completion of a highway

within a village where a portion of the cost is borne by the village,

the commissioner of transportation shall transmit to the board of

trustees a statement showing the actual costs of the additional width or

changed construction including a proportionate charge for engineering,

and shall notify the village clerk that he will accept the work within

twenty days from the date of such notice, unless protest in writing

against the acceptance shall be filed by such clerk with the

commissioner of transportation. In the event a protest is filed, the

commissioner of transportation shall hear the same and if it is

sustained the commissioner of transportation shall delay the acceptance

of the highway or section thereof until the same be properly completed.

If no protest is filed, the highway or section thereof shall at the

expiration of the said twenty days be deemed finally completed and

accepted on behalf of the village and the state, and shall thereafter be

maintained in the manner provided in this chapter for the maintenance

and repair of state highways.

The provisions of the village law, special village charters and other

general or special laws relative to the pavement or improvement of

streets and the assessment and payment of the cost thereof shall apply,

as far as may be, to such additional construction and the assessment and

payment of the cost thereof, except that the provisions of any general

or local act affecting the pavement or improvement of streets or avenues

in any village and requiring the owners, or any of the owners, of the

frontage on a street to consent to the improvement or pavement thereof,

or requiring a hearing to be given to the persons who, or whose

premises, are subject to assessment, upon the question of doing such

paving or making such improvement shall not apply to the portion of the

improvement or pavement of a state highway the expense for which is

required to be paid by the village to the state.

Connecting highways in villages. The board of trustees of a

village may, by resolution, petition the commissioner of transportation

for the construction or improvement of a highway to connect streets or

highways within the village which have been paved or improved with state

highways which have been heretofore built under the provisions of

chapter one hundred and fifteen of the laws of eighteen hundred and

ninety-eight, and the acts amendatory thereof. If in the judgment of

the commissioner of transportation public convenience requires the

construction or improvement of such connecting highway, the commissioner

shall cause plans, specifications and estimates to be prepared, and

shall cause the same to be transmitted to the board of supervisors of

the county wherein such highway is situated. The board of supervisors

may thereupon take action on such plans and specifications and adopt a

resolution relating to such construction or improvement. Notwithstanding

any other provision of this chapter, the cost of such construction or

improvement shall be borne and payment thereof shall be made in the

manner as provided for in section two hundred and sixty-four. A

certified copy of such resolution shall be filed in the office of the

department of transportation. The construction or improvement of such

connecting highway shall then be taken up in the order and manner

provided in section two hundred and sixty-one for the construction or

improvement of state highways. If it is desired to construct or improve

any portion of such a connecting highway at a width greater than that

provided for in the plans and specifications therefor, or if a

modification of such plans and specifications is desired by which the

cost thereof will be increased, the board of trustees of the village

shall proceed as in section forty-six to secure such a modification of

the plans and specifications as will provide for such desired

construction. The provisions of such section shall apply in like manner

to the connecting highway to be constructed or improved as provided in

this section.

The provisions of this act shall not prevent the improvement by state

aid under the statute as it existed prior to the passage of this act, of

streets in cities of the second and third class, where, prior to the

passage of this act, highway numbers had been assigned as provided by

article twelve of this act; nor shall the provisions of this act prevent

the improvement in such cities of streets heretofore petitioned for and

approved in cases where the proposed improvement of each street does not

exceed one and one-half miles in length; but the total mileage of all

such streets not exceeding one and one-half miles in length shall not in

the aggregate exceed four miles.

Wherever plans for such improvement in a city of the second class have

been approved and a highway number assigned, and the work is ready for

contract as hereinbefore described and the common council of such city

has appropriated and made available the city's share of the cost of such

improvement, the city treasurer of such city is hereby authorized,

empowered and directed to deposit such moneys with the state comptroller

in the same manner as is provided by this section with regard to the

improvement of village streets.

State highways of additional width and increased cost at expense

of town. Whenever the department of transportation shall have determined

upon the construction or improvement of a state highway or section

thereof and it is desired by any town in which such proposed highway is

situated to construct or improve the same at a greater width or in a

manner involving greater cost, or both, than that provided in the plans

and specifications as prepared by the department of transportation, the

town board may petition the department of transportation for an estimate

of the additional cost of constructing or improving the same to a width

or in a manner, or both, as desired by such board. The department of

transportation shall as soon as practicable make an estimate of such

additional cost and transmit the same to the town board, and the town

board may thereupon by resolution petition the department of

transportation to provide the width and type of construction desired.

The additional expense caused by the increased width or different type

of construction, or both, shall be borne wholly by the town. The

department of transportation shall, in its discretion, upon receipt of

such resolution, if filed prior to the advertisement for bids, or during

the course of construction, provide for the width and type of

construction described in such resolution. Whenever the department of

transportation shall have approved such a resolution the plans,

specifications and estimate of cost shall be submitted to the town

board, who, if it approve such plans, specifications and estimate of

cost shall, by resolution, duly adopted by a vote of a majority of all

the members of such board, appropriate the funds necessary to provide

for the portion of the cost of construction to be borne by the town.

Such funds shall, prior to the award of the contract, be deposited by

the town with the state comptroller, subject to the draft or requisition

of the department of transportation, and a certified copy of the

resolution shall be filed with the department of transportation. Upon

the completion of the highway within a town where a portion of the cost

is borne by the town the department of transportation shall transmit to

the town board a statement showing the actual cost of the additional

width or changed construction including a proportionate charge for

engineering and shall notify the town clerk that it will accept the work

within twenty days from the date of such notice unless protest in

writing against the acceptance shall be filed by such clerk with the

department of transportation. In case a protest is filed the department

of transportation shall hear the same and if it is sustained the

department of transportation shall delay the acceptance of the highway

or section thereof until the same be properly completed. If no protest

is filed the highway or section thereof shall at the expiration of the

said twenty days be deemed finally completed and accepted on behalf of

the town and the state and shall thereafter be maintained in the manner

provided in this chapter for maintenance and repair of state highways.

Improvement of state highways at expense of county or at the

joint expense of such county and any city, village or town. The board of

supervisors of any county may request of the department an estimate of

the additional cost of improving a state highway to a width or in a

manner, or both, as desired by such board. The department shall as soon

as practicable make an estimate of such additional cost and transmit the

same to the board of supervisors, and the board of supervisors may

thereupon by resolution petition the commissioner of transportation to

provide the width and type of improvement desired. The expense caused by

the increased width or the type of improvement, or both, shall be borne

wholly by the county, or, in the discretion of the board of supervisors

of any county, and with the consent of the appropriate board of any

city, village or town in which the road is located, the expenses may be

apportioned between such county and such other municipality or

municipalities, in such proportion as may be agreed to. Whenever plans

and specifications have been approved providing for such increased width

or such type of improvement, or both, an estimate of the cost of such

increased width or type of improvement, or both, shall be submitted to

the board of supervisors, which, if it approve such plans,

specifications and estimate of cost, shall, by resolution, duly adopted

by a vote of a majority of all of the members of such board, appropriate

the funds necessary to provide therefor; and such funds shall be made

available for the commissioner of transportation in the manner provided

in this article.

Petition for improvement of highway where a street surface

railroad is laid. Where a street surface railroad shall be laid in any

street, highway or public place in any town, village, or in any city of

the second or third classes, which it was heretofore or shall hereafter

be determined to pave, improve, reconstruct or repair, as provided in

this chapter, the municipality may petition for such improvement as

provided in sections forty-six, forty-seven, forty-eight or forty-nine.

If such petition is approved by the department of transportation the

procedure to be followed shall be that prescribed in the sections

mentioned above and the proposals and contract for such improvement,

reconstruction or repair shall include the improvement, reconstruction

or repair of the space between the tracks of such street surface

railroad, the rails of such tracks and two feet in width outside of such

tracks, and the work of improvement, reconstruction or repair in such

space shall be done at the same time and under the same supervision as

the work of improvement, reconstruction or repair of the remainder of

such street, highway or public place. The department of transportation

may prescribe the materials to be used in paving, improving,

reconstructing or repairing such street, highway or public place within

the railroad space above described, and upon the proper completion of

the work, the department of transportation shall certify to the board of

trustees of such village, or the common council of cities of the second

or third classes, as the case may be, the cost of the pavement,

improvement, reconstruction or repair of such street, highway or public

place within such railroad space, and the entire expense of the

pavement, reconstruction or repair within such railroad space whether

heretofore or hereafter made or ordered, shall be assessed and levied

upon the property of the company owning or operating such railroad, and

shall be collected in the same manner as other expenses for local

improvements are assessed, levied and collected in such town, village or

city; and an action may also be maintained by the municipality against

the company in any court of record for the collecton of such expense and

assessment.

Repair of highways at railroad crossings. Whenever a highway

crosses a railroad track at grade and such grade crossing is out of

repair, if it is the judgment of the commissioner of transportation, the

board of supervisors of a county, the board of aldermen of a city, the

board of trustees of a village or the town superintendent of highways of

a town that the same should be repaired, the commissioner of

transportation, the board of supervisors of a county, the board of

aldermen of a city, the board of trustees of a village or the town

superintendent of a town may repair and maintain the same and charge the

expense thereof to the railroad company over whose railroad such

crossing is repaired and maintained, if after fifteen days' notice in

writing such railroad company neglects or refuses to repair the same.

Permits for work within the state highway right of way. Except

in connection with the construction, reconstruction, maintenance or

improvement of a state highway, no person, firm, corporation,

municipality, or state department or agency shall construct or improve,

within the state highway right of way an entrance or connection to such

highway, or construct within the state highway right of way any works,

structure or obstruction, or any overhead or underground crossing

thereof, or lay or maintain therein underground wires or conduits or

drainage, sewer or water pipes, except in accordance with the terms and

conditions of a work permit issued by the commissioner of transportation

or his duly designated agent, notwithstanding any consent or franchise

granted by any town or county superintendent, or by any other municipal

authority. Any municipal corporation may enter upon any state highway

for the purpose of widening the pavement or for any other purpose

authorized by this section, but only after securing a permit as provided

herein. Notwithstanding the limitations in any general or special law,

every municipal corporation shall have and is hereby given authority to

deposit with the department of transportation, such a sum of money or a

security bond as may be required by the commissioner of transportation

as a condition precedent to the granting of the permit provided in this

section.

The commissioner of transportation shall establish regulations

governing the issuance of highway work permits, including the fees to be

charged therefor, a system of deposits of money or bonds guaranteeing

the performance of the work and requirements of insurance to protect the

interests of the state during performance of the work pursuant to a

highway work permit. With respect to driveway entrance permits, the

regulations shall take into consideration the prospective character of

the development, the traffic which will be generated by the facility

within the reasonably foreseeable future, the design and frequency of

access to the facility, the effect of the facility upon drainage as

related to existing drainage systems, the extent to which such facility

may impair the safety and traffic carrying capacity of the existing

state highway and any proposed improvement thereto within the reasonably

foreseeable future, and any standards governing access, non-access or

limited access which have been established by the department of

transportation.

Upon completion of the work within the state highway right of way,

authorized by the work permit, the person, firm, corporation,

municipality, or state department or agency, and his or its successors

in interest, shall be responsible for the maintenance and repair of such

work or portion of such work as set forth within the terms and

conditions of the work permit.

An advertising sign, display or device, or any part thereof, erected

or maintained in violation of this section shall be removed from the

state highway right of way by the owner or the party responsible for its

erection and maintenance. The commissioner of transportation shall make

a demand by mail, to the last known address of the owner, apparent owner

or party responsible for the erection and maintenance of such

advertising sign, display or device, for its removal and, if it is not

removed within thirty days from the date of the mailing of such demand,

the commissioner of transportation may remove any such advertising sign,

display or device, or any part thereof, from the state highway right of

way. Any such legally permitted, erected and maintained sign, display or

device may be maintained by its owner in accordance with the provisions

of this section upon the approval of the permit issuing office on the

same terms and conditions as may exist for the granting of such

approvals generally. Where such approvals are for permits to control

vegetation, the permit issuing office shall approve no more than two

hundred fifty permits per annum. The commissioner of transportation may

also order the approval of additional permits to control vegetation on

an individual basis upon demonstration of acute need.

The term "state highway right of way" shall, for the purposes of this

section, mean the entire width between the boundary line of all property

which has been purchased or appropriated by the state for state highway

purposes, all property over which the commissioner of transportation or

his predecessors has assumed jurisdiction for state highway purposes,

all property over which the commissioner of transportation has assumed

jurisdiction during the period of construction, reconstruction or

improvement and all property which has become part of the state highway

system through dedication or use.

Any person, firm or corporation violating this section shall be liable

to a fine of not less than twenty-five dollars nor more than one

thousand dollars for each day of violation to be recovered by the

commissioner of transportation. All fees, fines or penalties collected

or recovered by the commissioner pursuant to this section shall be

deposited by the comptroller into the special obligation reserve and

payment account of the dedicated highway and bridge trust fund

established pursuant to section eighty-nine-b of the state finance law,

excepting monies deposited with the state on account of betterments

performed pursuant to subdivision twenty-seven or subdivision

thirty-five of section ten of this chapter.

Highways and bridges on Indian reservations. The Department of

transportation shall have supervision and control, in the construction,

maintenance and improvement of all highways and bridges constructed or

to be constructed by the state on any Indian reservations, and may make

and enforce such reasonable orders, rules and regulations concerning

their use as it shall deem necessary. The cost of such maintenance and

construction and improvement, and removal of snow therefrom, shall be

paid by the state out of any moneys appropriated for the maintenance,

construction and improvement of highways.

Highways on Indian reservations. Where a highway is located

partly on an Indian reservation, the Indian nation and the town or

county involved and the department of transportation may make an

agreement to apportion certain sections of such highways for

reconstruction, maintenance and all other responsibilities in connection

with such highway.

Sidewalks along improved state highways. Walks or paths for

pedestrians may be constructed by a county along any improved state

highway or along a part thereof in any town of the county, pursuant to

the provisions of this section. The request for any such walk or path

shall be made by the town board, by resolution to that effect, a copy of

which shall be certified to the board of supervisors. Unless the board

of supervisors shall determine by resolution that such walk or path

shall not be constructed, it shall, by resolution, direct the county

superintendent of highways to prepare and submit to the board an

estimate of the probable cost of such work, together with a general

outline plan thereof setting forth the type, material and width of the

proposed walk or path, and also its location, specifying the highway,

the beginning and terminal points of the walk or path and its distance

laterally from the improved roadway. Upon receipt of such plan, the

board of supervisors, by resolution, may determine that such walk or

path shall be constructed, in accordance with such plan, subject to the

approval of the plan, and consent that the walk or path be constructed,

by the commissioner of transportation. The county superintendent of

highways shall submit such plan to the commissioner of transportation,

together with a copy of such resolution, to be furnished by the clerk of

the board. If the commissioner of transportation shall consent to the

construction of a walk or path along the course indicated and shall

approve such plan, he shall certify such action to the board of

supervisors, and the board of supervisors shall then appropriate and

make available for such work the necessary moneys therefor, from county

funds. The commissioner of transportation, however, may modify such plan

and certify in like manner the changes made by him therein. In that

case, the board of supervisors shall not be required to direct the

construction of such walk or path or provide moneys therefor until it

shall have approved of such changes. If the foregoing provisions of this

section shall have been complied with, the work of such construction

shall proceed under the direction of the county superintendent of

highways. He may perform such work by contract, or partly by contract

and partly by the employment of labor, purchase of material and the use

of any necessary machinery owned or rented by the county. Upon the

completion of such work, the total cost thereof shall be reported by the

superintendent of highways to the board of supervisors. Thirty-five per

centum of the cost of such work shall be reimbursed to the county by the

town requesting the improvement, and a tax therefor may be levied upon

the taxable property of the town, or the amount to be raised by either

the county or the town may be provided pursuant to the local finance

law. Any moneys so raised by the town shall be paid into the county

treasury.

No such walk or path shall be constructed within the right of way of a

state highway, unless with the approval of the commissioner of

transportation. Necessary rights of way for any such sidewalk or path

shall be acquired by the county in the same manner as the rights of way

are acquired for state highways as provided in this chapter. The cost of

any such right of way shall be paid in the first instance by the county

from any county moneys available and thirty-five per centum of the cost

shall be a charge upon the town to be raised by tax as a part of the

improvement. Sidewalks or paths for pedestrians may also be constructed

by a town along an improved state highway or part thereof in the manner

provided by section one hundred fifty-one of this chapter, but only with

the approval of the commissioner of transportation given in the manner

provided by this section, the provisions of which in respect thereto

shall be deemed to apply to such town sidewalks.

Reestablishment of approaches to private lands. In the

construction and reconstruction of any highway on the state's system

where a substantial change in the existing grade of the highway is made,

such change making necessary the reestablishment of an existing entrance

or approach to private lands, the commissioner of transportation may,

upon the request of the abutting property owner affected, cause the

reestablishment of the entrance, approach or driveway to be adjusted to

the new highway grade and the cost thereof shall be a state charge

payable from any money available for the construction or reconstruction

of state highways. In such adjustment the details of the work shall be

as determined by the commissioner of transportation. The state shall

not be liable for the maintenance of such adjusted and reestablished

approaches or driveways beyond the outside edge of the road shoulder nor

shall it be liable for damages in connection therewith after the

completion of such adjustment work.

Emergency aid for control of snow and ice in municipalities.

Notwithstanding any inconsistent provision of law, general, special or

local, the commissioner of transportation, when authorized by the

governor, is empowered to aid any county, city, town or village of the

state in the control of snow and ice during emergency situations,

providing the governing board or body of any such municipality certifies

to the governor (a) that such aid is required to promote the public

welfare, (b) that such municipality does not have available and is

unable to secure and provide the necessary equipment, facilities and

personnel to perform the immediate work of control of snow and ice, and

(c) that adequate and appropriate provision has been made to reimburse

the state for any actual costs of labor and of maintenance and operation

and for the depreciation of the necessary equipment and facilities of

the state. The governing board or body of any such municipality and the

commissioner of transportation are hereby authorized to enter into a

contract for the purposes of this section upon such terms and conditions

as shall be reasonable for the protection of the public.

State to maintain roads improved by state appropriations under

special laws. When any highway has been constructed or improved under a

special law, with moneys taken from the state treasury and under plans

prepared by a state department, the commissioner of transportation may

at any time inspect such highway and if he determine it to be of

sufficient importance and properly constructed, he may make an order

directing that such highway become a part of the system of state

highways in such county, and thereafter such highway shall be maintained

as a state highway. Such order shall be served upon the chairman of the

board of supervisors, and a certified copy thereof shall be filed in the

office of the county clerk and one in the office of the state

comptroller.

Maintenance by state of canal bridge approaches. Where a

waterway which is a part of the canal system of the state intersects a

state highway which is maintained adjacent to such intersection pursuant

to this article, the pavement and shoulders of the approaches to the

bridge structure carrying such highway across such waterway and the area

formerly occupied by any such bridge which has been removed and replaced

by a fill by the state commissioner of transportation, shall be

considered eligible for maintenance under this chapter, providing such

approach or fill has, in the opinion of the commissioner of

transportation, been properly graded in connection with the construction

of the canal system of the state. The commissioner of transportation may

at any time make an order directing that such section of highway become

a part of the system of state highways in such county, and thereafter

the pavement and shoulders of such approach shall be maintained as a

state highway. Such order shall be served upon the chairman of the board

of supervisors and a certified copy thereof shall be filed in the office

of the county clerk and one in the office of the state comptroller. In

maintaining such section of highway the commissioner of transportation

may lay such type of pavement as in his opinion is advisable.

Liability of state for damages. The state shall not be liable

for damages suffered by any person from defects in state highways,

except between the first day of May and the fifteenth day of November on

such highways as are maintained by the state under such system as the

commissioner of transportation may adopt pursuant to section twelve, but

the liability for such damages shall otherwise remain as now provided by

law, notwithstanding the construction or improvement and maintenance of

such highways by the state under this chapter; but nothing herein

contained shall be construed to impose on the state any liability for

defects in bridges over which the state has no control. Within the

limits of incorporated villages the state shall maintain a width of

pavement equal to the width of pavement constructed or improved at the

expense of the state, if a state highway, the location of the state's

portion of such roadway within said incorporated limits to be determined

by the center line of the roadway as shown on the plans on file with the

department of transportation and the state shall be liable for damages

to persons or property only when such damage shall occur as a result of

the defective condition of the portion of improved highway as above

described.

Additional width, different type of construction or other

additional work under repair or reconstruction contracts. Whenever in

the maintenance, repair or reconstruction of state highways the

commissioner of transportation shall have determined upon the necessity

of resurfacing or reconstructing such highway, the county, town or

village wherein the highway is located may petition the commissioner of

transportation to provide an additional width, a different type of

pavement, or both, or any additional work or any or all of same, in the

plans providing for such resurfacing or reconstruction.

The additional expense of such widening, different type of

construction or additional work shall be borne wholly by such county,

town or village and the provisions of sections forty-six, forty-eight

and forty-nine shall apply to such additional width, different type of

construction or any additional work under such repair or reconstruction

contract in the same manner as under a construction contract as provided

in those sections.

Sprinkling; removal of filth and refuse. Upon petition signed by

a majority of the taxpayers owning property abutting upon an improved

state highway and filed with the town clerk, the town board may set

aside any section of such highway outside of a village and contract for

the sprinkling of the roadbed with water and also contract for the

removal of filth and refuse therefrom. No such contract shall be entered

into unless previously approved by the county superintendent. The amount

of any such contract so entered into shall be assessed upon the property

abutting upon such section in the proportion which the frontage of each

parcel thereof bears to the length of the section exclusive of

intersecting highways. Such assessment shall be made, levied and

collected in the same general manner, and at the same time and by the

same officers as the town taxes of said town are assessed, levied and

collected.

Payment by counties of a portion of the cost of construction

under repair contracts. Whenever in the maintenance and repair of state

highways the department of transportation shall have determined upon the

necessity of resurfacing, reconstructing or repairing such highway, the

county wherein the highway is located may by resolution provide that not

to exceed fifty per centum of the cost of such resurfacing,

reconstructing or repairing shall be borne by the county. The provisions

of this chapter shall apply to such resurfacing, reconstructing and

repairing of state highways in the same manner as to the original

construction thereof in so far as the same may be applicable thereto.

Improvement of alignment and of dangerous conditions on repair

work. Whenever in the maintenance, repair or reconstruction of state

highways under the provisions of this chapter, the commissioner of

transportation shall have determined upon the necessity of a change in

location for the improvement of alignment or of dangerous conditions on

a section of such highway, and provided all necessary right of way shall

have been acquired in accordance with this chapter, the department of

transportation may proceed with such improvement. The cost of such

improvement shall be paid from the funds which are provided for the

repair or reconstruction of state highways.

Except as hereinafter provided, upon the completion and acceptance of

a section of highway constructed on a new location acquired to

accomplish the improvement of alignment or of dangerous conditions as

above prescribed, the commissioner of transportation shall make an

official order discontinuing the maintenance by the state of such

section of highway on old location, including such part of any other

state highway which crosses the new location and terminates at the old

location as lies between the new and the old location of the state

highway so improved, and also including any and all bridges or culverts

located thereon or immediately adjacent thereto, as it had been

maintained by the state as a part of the state highway system before the

improvement of alignment or of dangerous conditions. If such section of

highway or part thereof is located in an incorporated village, such

section, or part thereof on old location, including such part of any

other state highway which crosses the new location and terminates at the

old location as lies between the new and the old location of the state

highway so improved, and also including bridges and culverts thereon,

shall be maintained thereafter by the village where such section is

located, excepting however that any bridge and culvert thereon, which

were maintained by the town at the time of the improvement of the

section by the state, shall be maintained by such town within which such

village is located. Any bridge and culvert thereon which were maintained

by the county in which such village is located, before the improvement

of the section by the state, shall be maintained by such county.

If such section of highway was at the time of its improvement by the

state on a town highway, such section on the old location or so much

thereof outside of the limits of an incorporated village, including such

part of any other state highway which crosses the new location and

terminates at the old location as lies between the new and the old

location of the state highway so improved, and also together with any

bridge and culvert thereon, shall be maintained thereafter by the town

or towns where it is located.

If such section of highway was at the time of its improvement by the

state on a county road, such section on the old location or as much

thereof outside of the limits of an incorporated village, including such

part of any other state highway which crosses the new location and

terminates at the old location as lies between the new and the old

location of the state highway so improved, and also together with any

bridge and culvert thereon, shall be maintained thereafter by the county

or counties where it is located.

If such section of highway is not located in an incorporated village

and at the time of its improvement by the state was not on a town

highway or on a county road, such section on the old location, including

such part of any other state highway which crosses the new location and

terminates at the old location as lies between the new and the old

location of the state highway so improved, and also together with any

bridge and culvert thereon, shall be maintained thereafter by the county

or counties where it is located or the commissioner of transportation

may, with the approval of the director of the budget, continue to

maintain said section of highway as part of the state highway system.

When the section of highway upon which maintenance by the state is

discontinued includes a gap left in the original improvement to provide

for the elimination or alteration of a railroad crossing, such gap for

the purposes of this chapter shall be deemed to be an improved highway

the same as the balance of such section.

The transfer of maintenance of a section of highway and of any bridge

and culvert thereon, to any county or counties, town or towns, or

village or villages as herein provided, shall become effective upon the

mailing of a certified copy of such official order to the clerk or

clerks of the board or boards of supervisors of the county or counties,

to the town clerk or clerks or to the clerk or clerks of the village or

villages, as the case may be.

Discontinuance of part of highway due to grade crossing

elimination. Whenever the commissioner of transportation shall determine

that a state highway is affected by a side line or a new location by

reason of the elimination of a highway-railroad crossing at grade

pursuant to an order of the department of transportation, or by reason

of the improvement or reconstruction of an existing railroad grade

crossing, and as a result thereof a section of the said highway no

longer serves a useful purpose as a part of the state highway system, he

shall upon the completion and acceptance of the elimination work, make

an official order that the said section of the highway including any and

all bridges and culverts located thereon or immediately adjacent

thereto, shall no longer be maintained by the state. If such section of

highway or part thereof is located in an incorporated village, such

section or part thereof including any bridge and culvert thereon, shall

be maintained thereafter by the village in which such section or part

thereof is located, excepting however that any bridge and culvert

thereon, which were maintained by the town in which such village is

located, before the improvement of the section by the state, shall be

maintained by such town. If such section of highway was at the time of

its improvement by the state on a county road, such section or as much

thereof outside of the limits of an incorporated village, together with

any bridge and culvert thereon, shall be maintained thereafter by the

county or counties where it is located. The transfer of maintenance of a

section of highway and of any bridge and culvert thereon to any county,

town or village as herein provided shall become effective upon the

mailing of a certified copy of such official order to the clerk or

clerks of the board or boards of supervisors of the county or counties,

to the town clerk or clerks or to the clerk or clerks of the village or

villages, as the case may be.

Maintenance by state of certain improved roads and highways. The

commissioner of transportation may inspect all roads and highways which

have been constructed or improved under any general or special law by

the county, town or village which are indicated for improvement in

section three hundred and forty-one of this act, and if any such road is

properly constructed he shall make an order directing that such highway

be taken over by the state for maintenance as a state highway. Such

order shall be served upon the chairman of the board of supervisors and

a certified copy thereof filed in the office of the county clerk and

also in the office of the state comptroller.

Lands may be sold or leased; disposition of proceeds. Any lands

acquired by purchase or condemnation, for the purpose of obtaining

gravel, stone or other materials for the construction, reconstruction,

improvement or maintenance of highways as provided in this article, or

required for spoil banks, may, with the consent of the state

commissioner of transportation, be sold in accordance with the eminent

domain procedure law or leased by the governing body of the county which

acquired said lands, when no longer needed for any of such purposes. The

proceeds thereof shall be paid into the county treasury and shall become

a part of the county road fund. The governing body may, where it has

acquired lands by purchase or condemnation as a right-of-way for a state

highway, with the consent of the commissioner of transportation, sell,

convey, grant or lease to the owner or owners of property adjoining the

same, so much thereof as may be unnecessary for such highway purposes,

provided the strip of land retained for such highway purposes is not

less than sixty feet in width, and provided such sale, conveyance, grant

or lease will give said adjoining owner or owners of land a frontage

immediately in front of their respective premises upon the new highway

and right-of-way when completed. The governing body may make such sale,

conveyance, grant or lease to such owner or owners of real property for

the purpose of compensating such owner or owners for damages sustained

by reason of the change of the location of such highway and in full

settlement thereof.

In the county of Wayne, however, if any such owner or owners of

property adjoining lands acquired by said county from the R. & S.

Liquidating Corporation and being formerly lands of the Rochester &

Syracuse Trolley Company, for purposes of a right-of-way for a state

highway, do not purchase such lands or any part thereof as may be

unnecessary for highway purposes as provided by this section, within

sixty days from the receipt by such owner or owners of the offer of the

governing body of such county to sell such lands or any part thereof,

then such governing body may sell and convey such lands or any part

thereof on the same terms and conditions as those of such offer or

offers, to any other person or persons, and the proceeds thereof shall

be used in the manner provided by this section.

Replacement water sources. If the commissioner determines that a

highway project or highway maintenance activity of the department has

significantly changed or rendered unusable a private water supply

system, the commissioner is authorized, upon the consent of the owner

thereof, to provide, or participate in the provision of, a replacement

source or supply of water or a modification of the system affected. The

commissioner is authorized to use the forces of the department and

contractors under contract with the department, and is authorized to

enter into contracts or agreements for the purposes of this section. In

any claims against the state, actions undertaken by the commissioner

pursuant to this section shall be considered in reducing damages

incurred by affected individuals. The commissioner, with the consent of

the owner, is authorized to conduct testing and other investigation to

ascertain whether a highway project or highway maintenance activity of

the department may have adversely impacted a private water supply

system. Nothing in this section shall be construed to require any action

on behalf of the department and the authority conferred herein shall be

exercised, and any related determinations of the commissioner shall be

made, in the discretion of the commissioner or commissioner's designee.

The department shall not enter private property pursuant to this section

without the consent of the owner of such property. Nothing contained in

this section shall be construed to relieve the department from any

requirements that would otherwise apply pursuant to article eight of the

environmental conservation law.

Powers of commissioner; use of federal aid. 1. If moneys of the

federal government are or may reasonably be expected to be available

therefor, under federal-aid highway acts, the commissioner is authorized

to use moneys, or so much thereof as he shall determine to accept,

together with other available moneys, in (a) the construction and

reconstruction of state highways, (b) the construction and

reconstruction of village and city streets, town highways and county

roads, whether or not situate on the route of an unimproved state

highway, including the acquisition of property therefor, (c) the

implementation of traffic operation improvements on existing street and

highway systems in urban areas, including the acquisition of property

therefor, (d) the acquisition of property adjacent to or in the vicinity

of the right of way of any federal-aid highway system and the

construction of publicly-owned parking facilities and appurtenances

thereon or within such right of way, including connections to such

facilities, (e) the implementation of the urban highway public

transportation program, (f) the implementation of the economic growth

center development highways program, (g) emergency relief projects under

section one hundred twenty-five of title twenty-three United States

code, (h) the preparation of surveys, studies and plans for joint

development and provision for multiple use of state transportation

facility right of way outside the counties of Kings and Queens, (i) the

construction, reconstruction, alteration or repair, pursuant to the

provisions of section two hundred thirty of this chapter, of bridges and

culverts on state highways, (j) implementation of any other federal-aid

highway or highway-transportation program, including the acquisition of

property therefor, (k) research and planning, (l) the construction,

reconstruction, alteration or repair of bicycle and pedestrian paths and

of appropriate facilities appurtenant thereto, and designation of

bicycle routes on streets and roads, (m) any nonhighway public mass

transit project involving the construction, reconstruction, or

improvement of fixed rail facilities, (n) the purchase of buses or any

other passenger equipment, including rolling stock for fixed rail or any

other mode of mass transit, (o) the construction of exclusive or

preferential bus, truck and emergency vehicle routes, highway traffic

control devices, bus passenger loading areas and facilities (including

shelters), and fringe and parking facilities to serve bus and other

public mass transportation passengers, including the acquisition of

property therefor, and (p) the preparation of preliminary surveys,

plans, specifications and estimates of costs in connection with any of

the foregoing. The commissioner may use any federal-aid highway moneys

within his possession or control, in accordance with the provisions of

subdivision three of this section, no matter how previously allocated,

for any mass transit purpose as is allowed by federal law respecting

such funds.

2. Notwithstanding any other provisions of this chapter, or of any

law, general, special or local, he may perform such work with respect to

any project which he may, in his discretion, select.

3. Nothing contained in this article shall be deemed to enable the

commissioner to expend federal aid moneys now or hereinafter under his

control for a part or whole of the cost of any mass transportation

capital project, as that term is defined in section three hundred one of

the transportation law, or for any project for which the commissioner

exercises the power granted him by paragraphs m, n, o and p of

subdivision one of this section, unless such expenditures are in

accordance with a state appropriation as provided by section three

hundred three of such law; provided, however, that no such appropriation

shall be required for any mass transportation capital project for which

state moneys will not be required to meet the non-federal share of any

such project.

State prefinancing of federal share of non-state highway

projects. In connection with the undertaking by a municipality of a

non-state highway project for which the commissioner is authorized to

use moneys of the federal government pursuant to the provisions of

section eighty of this chapter the commissioner is hereby authorized to

advance from any state highway appropriation made in the first instance

and subject to subsequent reimbursement in accordance with the

provisions of Title 23, U.S. Code, "Highways" to such municipality the

share of the federal government of such project.

The first instance advances herein authorized shall be available only

after the Federal Highway Administration, Department of Transportation

of the United States of America, shall notify the commissioner of

transportation that each specific project for which such first instance

advances are contemplated have been approved and that the required share

of federal funds which have been apportioned to the State of New York

for expenditure have been entered on the official records of such

Federal Highway Administration, Department of Transportation, as a

commitment of such funds.

The commissioner shall undertake such supervision and management of

the municipal project so advanced in order to fulfill any and all

agreements with the Federal Highway Administration in order to assure

federal reimbursement of the first instance advances herein authorized.

The commissioner shall provide for the management of the first

instance advances and federal reimbursements herein authorized in a

manner consistent with the management of any other federally aided state

highway construction project.

Construction or improvement by the department of

transportation partly at municipal expense. 1. In connection with the

undertaking of any project for which the commissioner is authorized to

use moneys of the federal government pursuant to the provisions of

subdivision thirty-four-a of section ten and section eighty of this

chapter to assure the effective discharge of state responsibilities with

respect to regional transportation needs, on highways, roads, streets,

bicycle paths or pedestrian paths that are not on the state highway

system, the commissioner shall submit such project to the governing body

or bodies of the affected municipality or municipalities together with

estimates of costs thereof. If such project includes a municipal

project, as that term is defined in accordance with article thirteen of

the transportation law, the state share of such municipal project shall

also be included. If such project includes a project affecting a

highway, road, street, bicycle path or pedestrian path not on the state

highway system, the state share shall be equal to eighty percent of the

difference between the total project cost and the federal assistance,

provided, however, the commissioner may increase the state share to an

amount equal to one hundred percent of the difference between the total

project cost and the federal assistance where he or she determines that

the need for the project results substantially from actions undertaken

pursuant to section ten of this chapter. No such project shall proceed

without the approval of the governing body of a municipality. Such

governing body may request the commissioner to undertake the provision

of such project. If the commissioner agrees to such undertaking he or

she shall notify the local governing body which shall appropriate

sufficient moneys to pay the estimated amount of the municipal share.

Such moneys shall be deposited with the state comptroller who is

authorized to receive and accept the same for the purposes of such

project, subject to the draft or requisition of the commissioner. When

the work of such project has been completed, the commissioner shall

render to the governing body of such municipality an itemized statement

showing in full (a) the amount of money that has been deposited by such

municipality with the state comptroller as hereinbefore provided, and

(b) all disbursements made pursuant to this section for such project.

Any surplus moneys shall be paid to such municipality on the warrant of

the comptroller on vouchers therefor approved by the commissioner. When

the work of such project has been completed and it is determined by the

commissioner that the amount of the cost to be borne by the municipality

is in excess of the amount deposited by such municipality with the state

comptroller, the commissioner shall then notify the municipality of the

deficiency of funds. The municipality shall then within ninety days of

the receipt of such notice, pay such amount to the state comptroller.

For purposes of this section, the term "municipality" shall include a

city, county, town, village or two or more of the foregoing acting

jointly.

2. For each fiscal year set out in the schedule hereinbelow amounts

shall be distributed pursuant to annual appropriation from the dedicated

highway and bridge trust fund or by authorization by the legislature for

the state share of municipal street and highway capital projects in an

amount set out in such schedule for the corresponding state fiscal year:

State Fiscal Year Appropriation

1993-94 $45,000,000

1994-95 $35,000,000

1995-96 $45,000,000

1996-97 $35,000,000

Application of laws; exceptions. All provisions of this chapter

and related laws, including those applicable to acquisition of land or

rights and interests therein, as now existing or hereafter amended,

shall be applicable to the performance of the work authorized by this

article in the same manner as and to the extent that they are applicable

to the construction or improvement and subsequent maintenance and repair

of state highways generally unless the context thereof shall necessarily

indicate to the contrary, with the following exceptions:

(1) Projects upon county roads, town highways or village streets which

are not situate on the route of an unimproved state highway shall become

the responsibility of the town, county or village, as the case may be,

and upon the completion and acceptance of any such project, all rights

and duties of the state specially existing with respect thereto during

the course of the project shall terminate.

(2) Projects upon county roads, town highways or village streets which

are situate on the route of an unimproved state highway shall

nevertheless, upon such completion and acceptance, become a town, county

or village responsibility in the manner provided in paragraph (1),

above, if the commissioner of transportation, in his discretion, shall

so elect, such election to be manifested by his request for

subsequent-maintenance assurances from the town, county or village, as

the case may be.

(3) In cases falling under paragraphs (1) and (2), above, necessary

acquisitions of lands or rights and interests therein, for right of way

and other purposes when not acquired in connection with a federal aid

program by the commissioner of transportation pursuant to subdivision

thirty-four-a of section ten and sections thirty and eighty of this

chapter and the eminent domain procedure law, shall be subject to the

provisions of section one hundred eighteen of this chapter and the

provisions of section thirty of this chapter shall, in such event, be

inoperative except that the state, in connection with all such

acquisitions of lands or rights and interests therein, shall pay to the

person or other entity entitled thereto the amounts specified in

subdivisions ten and twelve of section thirty of this chapter and

section seven hundred two of the eminent domain procedure law and

perform the functions incidental thereto in the same manner as if such

acquisition had been made by the commissioner of transportation for

state highway purposes pursuant to section thirty of this chapter. In

connection with all such acquisitions of lands or rights and interests

therein by a county, such county shall provide in its acquisition

program that (a) every reasonable effort shall be made by the acquiring

agency to acquire the requisite lands or rights and interests therein by

negotiation, (b) to the greatest extent practicable no person lawfully

occupying the land shall be required to move from his home, farm or

business location without at least ninety days written notice from the

acquiring agency, and (c) it will be the policy of the acquiring agency,

before initiating negotiations for the lands, rights and interests

therein, to establish the amount which is believed to constitute just

compensation under the laws of this state and to make a prompt offer to

acquire the lands, rights and interests therein for the full amount so

established.

Expense; how borne. The proportion of the total cost of work

performed on any project, in addition to such elements thereof as are

not subject to federal aid, which shall be borne by the state of New

York shall be the difference between the funds contributed for such work

by the federal government and the actual cost thereof except as provided

in section two hundred and thirty, and less any amount which may be

provided by any municipality in accordance with the provisions of this

chapter.

Construction or improvement, partly at county expense. If the

estimated cost of a project in any county shall exceed the amount

available in such county for such work to be provided by the state and

federal government, the board of supervisors of the county, by

resolution, act or ordinance, may approve of such project within such

estimate and may provide that the county shall pay the amount of such

excess. If the commissioner of transportation thereafter shall determine

to proceed with the project, the board of supervisors shall appropriate

sufficient moneys to pay the amount of such excess. Moneys to meet such

appropriation may be provided from moneys raised by tax, from available

moneys in the county road fund, from other available moneys or pursuant

to the local finance law. Moneys so appropriated shall be paid out by

the county treasurer on the written order of the commissioner of

transportation. The form of any resolution, act or ordinance making

such an appropriation, shall be approved by the commissioner of

transportation, and immediately upon the adoption thereof the clerk of

the board of supervisors shall transmit a certified copy to him. No

resolution, act or ordinance thereafter adopted by such board shall

amend or repeal any prior resolution, act or ordinance adopted pursuant

to this section, either directly or indirectly, excepting under the

advice and with the consent of the commissioner of transportation.

Construction or reconstruction of any road or highway in

connection with projects on the principal secondary and feeder roads.

The commissioner of transporation may, upon the request of a county

through its board of supervisors, include in any project on the federal

principal secondary and feeder road system, any work of construction,

reconstruction or improvement of any road or highway that is located

within the boundaries of such county and that is or shall form a

continuation or extension of any such principal secondary and feeder

road or shall be in connection therewith. Whenever the commissioner of

transportation shall approve such a request of a county, he shall cause

surveys and plans to be made either by the county or by the department

of transportation. Estimates of the construction and engineering costs

shall be made and submitted to the commissioner of transportation for

approval. If approved, such county shall thereupon deposit such

estimated amounts of monies with the comptroller, who is authorized to

receive and accept the same for the purpose of this section, subject to

the draft or requisition of the commissioner of transportation. Upon the

completion and acceptance of the construction work, the commissioner of

transportation shall render to the board of supervisors of such county

an itemized statement showing in full the amount of money deposited by

such county with the comptroller as hereinbefore provided and all

expenditures made for the construction and engineering work connected

therewith made pursuant to this section. Any surplus money shall be paid

to such county on the warrant of the comptroller on vouchers therefor

approved by the commissioner of transportation.

General authorization; good faith of state pledged. The

commissioner of transportation is hereby authorized, empowered and

directed to perform and do such other and further acts not hereby

specifically provided as may be necessary to perform the work authorized

by this article and to comply with federal aid highway and

transportation acts hereinbefore referred to and rules and regulations

promulgated thereunder. The provisions of such acts are hereby assented

to, the good faith of the state of New York being hereby pledged to make

such provision from time to time as may be necessary to provide its

share of the cost of such work.

Agreement to control erection and maintenance of advertising

devices. In order that the state of New York may be entitled to be paid

by the United States an increased share of the costs of projects on the

interstate highway system, the commissioner of transportation is hereby

authorized to enter into an agreement with the secretary of

transportation of the United States, as required by section one hundred

thirty-one of title twenty-three of the United States code, as amended

and to promulgate and enforce regulations in conformity with the

national policy, for control of the erection and maintenance of

advertising signs, displays, and other advertising devices within six

hundred and sixty feet of the edge of the right of way of controlled

portions of the interstate highways system which are constructed upon

any part of right of way, the entire width of which is acquired

subsequent to July first, nineteen hundred fifty-six, which do not

traverse commercial or industrial zones within the boundaries of

incorporated municipalities as of September twenty-first, nineteen

hundred fifty-nine, where in the use of real property adjacent to the

interstate highway system is subject to municipal regulation or control,

and which do not traverse other areas where the land use, as of

September twenty-first, nineteen hundred fifty-nine, was clearly

established under state law as industrial or commercial. The agreement

may also include provisions for preservation of natural beauty,

prevention of erosion, landscaping, reforestation, development of

viewpoints for scenic attractions that are accessible to the public

without charge, the erection of markers, signs or plaques, and the

development of areas, in appreciation of sites of historical

significance, to the extent that such provisions are within the existing

powers of the commissioner of transportation.

The commissioner of transportation shall take such action as is

necessary to obtain the maximum amount of federal funds available under

Federal Highway Aid Act of 1958.

Control of outdoor advertising. 1. Definitions. As used in this

section:

(a) "Interstate highway system" means that portion of the national

system of interstate and defense highways located within this state, as

officially designated, or as may hereafter be so designated, by the

commissioner of transportation, and approved by the secretary of

commerce or the secretary of transportation of the United States

pursuant to the provisions of title twenty-three of the United States

code, as amended.

(b) "Primary highway system" means that portion of connected main

highways, as officially designated, or as may hereafter be so

designated, by the commissioner of transportation, and approved by the

secretary of commerce or the secretary of transportation of the United

States pursuant to the provisions of title twenty-three of the United

States code, as amended.

(c) "Safety rest area" means an area or site established and

maintained within or adjacent to the highway right of way by or under

public supervision or control, for the convenience of the travelling

public.

(d) "Information center" means an area or site established and

maintained at a roadside rest area for the purpose of informing the

public of places of interest within the state and providing such other

information as the commissioner of transportation may consider

desirable.

2. The commissioner of transportation is hereby authorized and

directed to immediately implement the following program for the

effective control of the erection and maintenance of outdoor advertising

signs, displays and devices within six hundred sixty feet of the nearest

edge of the right of way and visible from the main traveled way of the

interstate and primary highway systems and, notwithstanding the

provisions of subdivisions seven, eleven, and twelve of this section,

for the effective control of the erection and maintenance along the

interstate and primary highway systems of those additional outdoor

advertising signs, displays and devices which are more than six hundred

and sixty feet from the nearest edge of the right-of-way located outside

of urban areas, as defined by federal statute, rule or regulation for

the purposes of section one hundred thirty-one of title twenty-three of

the United States code, visible from the main traveled way of the

interstate and primary highway systems and erected with the purpose of

their message being read from such main traveled way. Effective control

means that such signs, displays and devices shall, pursuant to such

program, be limited to (a) directional and other official signs and

notices which are required or authorized by law and which shall conform

to the national standards promulgated by the secretary of transportation

of the United States pursuant to section one hundred thirty-one of title

twenty-three of the United States code, as amended, (b) signs, displays

and devices advertising the sale or lease of property upon which they

are located, (c) signs, displays and devices advertising activities

conducted on the property on which they are located, (d) signs, displays

and devices located in areas within six hundred sixty feet of the

nearest edge of the right of way which are zoned industrial or

commercial under authority of state law and which are permitted or

authorized pursuant to this section or the agreement ratified and

approved by this section, (e) signs, displays and devices which are

permitted or authorized pursuant to this section or the agreement

ratified and approved by this section and are located in unzoned

commercial or industrial areas within six hundred sixty feet of the

nearest edge of the right of way which areas shall be determined from

actual land uses in conformance with the agreement ratified and approved

by this section, (f) signs lawfully in existence on October

twenty-second, nineteen hundred sixty-five, determined by the

commissioner with the approval of the secretary of transportation of the

United States, to be landmark signs, including signs on farm structures

or natural surfaces of historic or artistic significance, the

preservation of which would be consistent with the purposes of this

section and with the purposes of the federal "Highway Beautification Act

of 1965", and any acts amendatory thereto, and (g) any other signs,

displays and devices permitted or authorized pursuant to this section.

Provided that, nothing in this section shall be construed to prohibit

the erection or maintenance of outdoor advertising signs, displays and

devices which include the steady illumination of sign faces, panels or

slats that rotate or change to different messages in a fixed position,

commonly known and referred to as changeable or multiple message signs,

provided the change of one sign face to another is not more frequent

than once every six seconds and the actual change process is

accomplished in three seconds or less, when such signs, displays and

devices are permitted or authorized pursuant to this section and by the

agreement ratified and approved by this section.

3. The agreement entered into between the commissioner of

transportation and the secretary of transportation of the United States

dated May thirteenth, nineteen hundred sixty-eight regarding the size,

lighting and spacing of signs, displays and devices which may be erected

and maintained within six hundred and sixty feet of the nearest edge of

the right-of-way within areas adjacent to the interstate and primary

highway systems which are zoned industrial or commercial under authority

of state law, or in such other unzoned industrial or commercial areas as

may be permitted pursuant to the terms of such agreement is hereby

ratified and approved. With respect to the certification permitted under

subsection A of article four of the said agreement, the commissioner of

transportation shall make such a certification within thirty days after

it is shown to his reasonable satisfaction that there are regulations

which are enforced with respect to the size, lighting and spacing of

outdoor advertising signs, displays and devices within the meaning of

the agreement. The action of the commissioner of transportation with

respect to such a certification shall be reviewable under article

seventy-eight of the civil practice law and rules by the supreme court

which shall have jurisdiction of the proceedings and the power to grant

such relief as it deems just and proper.

4. The commissioner of transportation may agree with the secretary of

transportation of the United States to provide for the establishment of

information centers at safety rest areas. The commissioner of

transportation is hereby directed to negotiate with such secretary of

transportation in order to permit signs, within the areas controlled by

the provisions of this section, which relate to public and private

natural wonders, scenic and historical attractions and other information

concerning outdoor recreation, places for camping, lodging, eating and

vehicle service and repair deemed to be of specific interest to the

travelling public. Any of the above types of signs referred to in this

subdivision which do not violate the provisions of the federal "Highway

Beautification Act of 1965", and any acts amendatory thereto, and which

conform to the national standards promulgated by the secretary of

transportation of the United States pursuant to section one hundred

thirty-one of title twenty-three of the United States code, as amended,

are hereby authorized to be erected and maintained in the state of New

York subject to registration with the commissioner of transportation

pursuant to subdivision five of this section.

5. The commissioner of transportation is hereby authorized to control

the erection and maintenance of outdoor advertising signs, displays and

devices along the interstate and primary highway systems in conformance

with the terms of this section and in conformity with the agreement

ratified and approved by this section and the national standards

promulgated by the secretary of transportation of the United States

pursuant to subdivision (c) of section one hundred thirty-one of title

twenty-three of the United States code as amended. The commissioner of

transportation may provide for a system of registration of outdoor

advertising signs, displays and devices which comply with the terms of

the agreement, ratified and approved by this section, with the secretary

of transportation of the United States. No registration shall be

required for signs, displays and devices advertising the sale or lease

of property upon which they are located and signs, displays and devices

advertising activities conducted on the property on which they are

located.

6. Notwithstanding the provisions of subdivision two hereof, any

outdoor advertising sign, display or device lawfully in existence along

the interstate and primary highway systems on September first, nineteen

hundred sixty-five, which is not permitted or authorized pursuant to the

provisions contained herein may continue to be maintained until July

first, nineteen hundred seventy and shall not be replaced or relocated

along the interstate and primary highway systems except in those areas

authorized pursuant to this section or areas authorized under the terms

of the agreement ratified and approved by this section. Notwithstanding

the provisions of subdivision two hereof, any other outdoor advertising

sign, display or device lawfully erected which is not permitted or

authorized pursuant to this section of the agreement ratified and

approved by this section may continue to be maintained until the end of

the fifth year after it becomes nonconforming pursuant to this section

or under the terms of the agreement ratified and approved by this

section, unless an earlier removal is required in order for the state to

comply with the federal "Highway Beautification Act of 1965", as amended

and shall not be replaced or relocated along the interstate and primary

highway systems except in those areas authorized pursuant to this

section or areas which are permitted under the terms of the agreement

ratified and approved by this section.

7. The commissioner of transportation is hereby authorized to acquire

the necessary rights in and to property and is directed to pay

compensation therefor, in the same manner as other property is acquired

for state highway purposes pursuant to this chapter and is further

directed to provide equivalent directional information, as provided in

subdivision eleven of this section, with respect to outdoor advertising

signs, displays and devices which are not permitted or authorized

pursuant to this section or with the terms of the agreement ratified and

approved by this section and which were lawfully erected under state

law. Such compensation is authorized to be paid only for the following:

(a) the taking from the owner of such sign, display or device of all

right, title, leasehold and interest in such sign, display or device,

and (b) the taking from the owner of the real property on which such

sign, display or device is located, of the right to erect and maintain

such signs, displays and devices thereon. The term "property" as used in

this section is defined to include lands, waters, rights in land or

waters, structures, franchises, and interest in land, including lands

under water and riparian rights and any and all other things and rights

usually included within the said term and includes also any and all

interests in such property less than full title, such as easements,

permanent or temporary, rights-of-way, uses, leases, licenses and all

other incorporeal hereditaments and every estate, interest or right,

legal or equitable. Notwithstanding the provisions of subdivision two

hereof, no rights in and to property shall be acquired with respect to

any outdoor advertising sign, display or device except to the extent

that federal funds authorized to be appropriated pursuant to the federal

"Highway Beautification Act of 1965", as amended, to reimburse the state

for seventy-five per centum of the cost thereof, are in fact

appropriated and allocated to the state for that purpose. Further,

notwithstanding the provisions of this section or any other general,

special or local law, no outdoor advertising sign for which compensation

must be paid pursuant to this subdivision, nor any outdoor advertising

sign in a commercial or industrial zone or area which is controlled

pursuant to this section, shall be removed, or required to be removed,

by the state or any agency thereof or any municipal corporation or

subdivision, without the payment of such compensation in accordance with

the provisions of article five of the eminent domain procedure law,

provided, however, that this prohibition shall not apply to any city

having a population of one million or more.

8. Any outdoor advertising sign, display or device erected or

maintained in violation of this section, or of the terms of the

agreement ratified and approved by this section, is hereby declared to

be, and is a public nuisance. The commissioner of transportation shall

give thirty days' notice, by registered or certified mail, to the owner

of the property on which such advertising sign, display or device is

located and to the owner of such advertising sign, display or device, to

remove the same if it is a prohibited sign, display or device or to

cause it to conform to the requirements of this section or the terms of

the agreement ratified and approved by this section or the national

standards if it is an authorized or permitted sign, display or device.

If the owner of the property or the owner of the advertising sign,

display or device fails to act within thirty days as required in the

notice, the commissioner of transportation or his duly authorized agent

shall cause the removal of such advertising sign, display or device at

the expense of the owner of the property or the owner of the advertising

sign, display or device, except that the state shall pay the expense of

removing any advertising sign, display or device which was lawfully

erected on the date of enactment of this section which becomes

non-conforming under the terms of this section or the agreement ratified

and approved by this section.

9. Nothing in this section shall be construed to abrogate or affect

the provisions of any other statute, lawful ordinance, regulation

pursuant thereto or resolutions which are more restrictive than the

provisions of this section or the agreement ratified and approved by

this section.

10. In order to provide information in the specific interest of the

travelling public, the commissioner of transportation is hereby

authorized to maintain maps and to permit informational directories and

commercial advertising pamphlets to be made available at safety rest

areas, and to construct and maintain or permit the construction and/or

maintenance of information centers at safety rest areas for the purpose

of informing the public of places of interest within the state and

providing such other information as he may consider desirable. In the

event that such an information center is to be constructed and/or

maintained by a person, firm, corporation, municipality or state

department or agency, other than the department of transportation, the

commissioner of transportation is authorized to enter into a lease for a

term of years or memorandum of understanding, on terms which he deems

appropriate, regarding the construction and/or maintenance of such

information center. The commissioner of transportation shall use the

federal cost-sharing provisions of section 131(i) of title 23, United

States Code to the fullest extent practicable in implementing such

travel information programs.

11. The commissioner is directed to conduct an economic study to

identify those areas within the state which would suffer substantial

economic hardship upon the removal of advertising signs, displays, or

devices which provide directional information about goods and services

in the interest of the travelling public, were legally erected under

state law, and are subject to control under subdivision seven of this

section. Pending completion of such economic study, the commissioner is

directed to provide for the immediate removal of signs which were

unlawfully erected under state law, and is further directed to develop

an aesthetically pleasing official business directional sign program

providing directional information to the travelling public in a manner

substantially equivalent to that now provided by advertising signs,

displays, or devices, pursuant to subdivision twelve of this section.

Upon completion of such economic study and consequent identification of

those areas within the state which would suffer substantial economic

hardship upon the removal of advertising signs, displays, or devices

which provide directional information about goods and services in the

interest of the travelling public, the commissioner shall request the

secretary of transportation of the United States to permit the retention

of such advertising signs, displays, or devices in those areas

identified as suffering substantial economic hardship. Except as

otherwise provided in this section, the commissioner is hereby directed

to assure that any official business sign program be implemented with

due consideration of the findings of the economic study identifying

areas potentially subject to substantial economic hardship.

12. The commissioner of transportation shall develop and implement,

after required federal approval, an official business directional sign

program to provide directional information regarding businesses which

provide goods and services to the traveling public. Fees charged to

participating businesses will be such as to make the program

self-sustaining within two years of implementation. The program shall

utilize official signs erected in the right-of-way of the primary

highway system. Such official signs shall meet the standards prescribed

by the commissioner of transportation and the secretary of

transportation of the United States and shall contain thereon, as a

minimum, the business name or trademark, a general service logogram and

directional information. The official business directional sign program

shall be integrated with, but not limited by, information centers

provided for in subdivision ten of this section to maximize the

information made available in the specific interest of the traveling

public. Guidelines for business eligibility and placement of official

signs shall be promulgated by the commissioner of transportation after

public hearing and federal approval. Such guidelines shall include

provision for substantially equivalent directional information upon the

removal of advertising signs, displays or devices providing directional

information. Such guidelines shall provide that priority for

participation in the program be given to those businesses offering goods

and services in the interest of the traveling public (a) which are

primarily local or regional in nature and which would have the least

ability to adopt alternative directional information media, or (b) which

utilized directional advertising signs, displays and devices legally

erected under state law. The traffic generated by a specific business

shall be a secondary consideration in determining priority of

participation in the program. The specific implementation of such

guidelines shall be made with the advice of travel information council

pursuant to subdivision thirteen of this section. The commissioner shall

seek to speed federal approval of the official business directional sign

program.

13. All fees collected by the commissioner pursuant to this section

shall be deposited by the comptroller into the special obligation

reserve and payment account of the dedicated highway and bridge trust

fund established pursuant to section eighty-nine-b of the state finance

law.

Tourism signage task force. 1. There is hereby established a

tourism signage task force consisting of the following members:

(a) the commissioner or his or her designated representative from the

departments of transportation, economic development, environmental

conservation, agriculture and markets and of the office of parks,

recreation and historic preservation;

(b) the chairperson, or his or her designated representative, of the

New York state thruway authority, the adirondack park agency and the

tourism advisory council;

(c) a representative of travel and vacation related business and a

representative of an organization of automobile users and owners

appointed by the governor.

2. The chairman of the task force shall be the commissioner. The

members of the task force may elect a vice chairman, secretary or such

other officers as it may deem necessary for such terms as its members

shall determine.

3. Members of the board, except for those representing New York state

departments, agencies, authorities or councils, shall serve for a term

of two years and may be reappointed in the same manner as provided for

their initial appointment.

4. A majority of the members of the task force shall constitute a

quorum for the transaction of any business or the exercise of any power

or function of the task force. An act, determination, or decision of the

members present and entitled to vote during the presence of a quorum

shall be held to be the act, determination or decision of the task

force.

5. The task force shall meet at least quarterly at the call of the

chairman. Additional meetings may be called by the chairman subject to

the giving of one week's notice, and shall be called by him at the

request of a majority of the members of the task force.

6. Members of the task force shall receive no compensation for their

service as members. Members of the task force representing state

agencies, departments, authorities or councils shall be compensated for

their actual and necessary expenses by warrant of the comptroller and

voucher of their department, agency, authority or council. Members of

the task force not representing a state department, agency, authority or

council shall, under the warrant of the comptroller and voucher of the

commissioner, or his duly designated agent, be allowed their necessary

and actual expenses incurred in the performance of duty.

7. The task force shall:

(a) identify and define responsibilities with respect to the placement

of tourism related directional and informational signage and promote

inter-agency cooperation in order to encourage a uniform signage policy.

(b) advise the commissioner on the development of a uniform and

comprehensive state policy on tourism related signage and other

traveller information services.

(c) assist in the development of a working plan for the funding,

placement and maintenance of directional and informational signs in

accordance with an established policy on tourism signage.

(d) assist and advise on the preparation, publication and distribution

of a handbook on tourism signage that will identify rules and laws

governing tourism related signage, listing contact points for the public

to use in soliciting information and to apply for placement of tourism

related signage and identifying costs associated with such directional

signage.

(e) advise and assist in the development of an adequate budget for the

commissioner to implement the plan for tourism signage and such other

informational services as are necessary to guide the travelling public.

(f) advise the commissioner on the marking of motor touring trails

designated by statute.

(g) advise the commissioner on scenic, environmental, traffic safety

or other concerns which may supersede the implementation of the tourism

signage plan and policy.

(h) review, evaluate and advise the commissioner on conflicts

associated with overlapping jurisdiction governing signage, limitations

on the placement of signs, and establishing priority for placement of

signage when demand exceeds the available space for directional signage,

and such other issues which may come to the attention of the task force.

(i) evaluate and recommend to the commissioner or the legislature

initiatives to enhance or facilitate the development of a signage policy

or plan.

(j) report on or before January first of each year to the governor,

the temporary president of the senate, the speaker of the assembly, and

the chairman of the appropriate legislative committees on the activities

of the task force with respect to its functions, powers and duties.

8. The task force may request and shall receive from any subdivision,

department, board, bureau, commission, office, agency, or other

instrumentality of the state, or any political subdivision thereof, such

facilities, assistance and data as it deems necessary and desirable for

the proper execution of its functions, powers and duties hereunder. Any

expenses of the task force, including compensation to such personnel as

may be employed by the task force, shall be payable out of moneys

otherwise appropriated to the state department of transportation.

Control of junkyards and scrap metal processing facilities. 1.

Definitions. As used in this section:

(a) "Interstate highway system" means that portion of the national

system of interstate and defense highways located within this state, as

officially designated, or as may hereafter be so designated, by the

commissioner of transportation, and approved by the secretary of

commerce or the secretary of transportation of the United States

pursuant to the provisions of title twenty-three of the United States

code, as amended.

(b) "Primary highway system" means that portion of connected main

highways, as officially designated, or as may hereafter be so

designated, by the commissioner of transportation, and approved by the

secretary of commerce or the secretary of transportation of the United

States pursuant to the provisions of title twenty-three of the United

States code, as amended.

(c) "Junk" means old or scrap copper, brass, rope, rags, batteries,

paper, trash, rubber debris, waste, or junked, scrapped, ruined,

dismantled or wrecked motor vehicles or parts thereof, iron, steel and

other old or scrap ferrous or nonferrous material.

(d) "Junkyard" means an establishment or place of business which is

maintained, operated, or used for storing, keeping, buying or selling

junk, and shall include garbage dumps and sanitary fills.

(e) "Scrap metal processing facility" means an establishment having

facilities for processing iron, steel, or nonferrous scrap and whose

principal produce is scrap iron, steel or nonferrous scrap for sale for

remelting purposes only.

2. The commissioner of transportation is hereby authorized and

directed to implement a program prior to January first, nineteen hundred

sixty-eight, for the effective control of the establishment and

maintenance of junkyards and scrap metal processing facilities within

one thousand feet of the nearest edge of the right of way and visible

from the main traveled way of the interstate and primary highway

systems. Effective control means that by January first, nineteen hundred

sixty-eight, such junkyards and scrap metal processing facilities shall

conform with subdivision four of this section or be screened by natural

objects, plantings, fences or other appropriate means so as not to be

visible from the main traveled way of such systems, or shall be removed

from sight on or prior to July first, nineteen hundred seventy.

3. The commissioner of transportation is hereby authorized to

promulgate and enforce regulations which are consistent with the

purposes of this act and with section one hundred thirty-six of title

twenty-three of the United States code, any amendments made thereto and

the rules and regulations promulgated thereunder, in implementing such

effective control program. Such regulations may provide standards for

location, planting, construction and maintenance, including the

materials used in any screening or fencing required by this section.

4. No person, firm or corporation shall establish, operate or maintain

a junkyard or scrap metal processing facility, any portion of which is

within one thousand feet of the nearest edge of the right-of-way of any

interstate or primary highway, except the following:

(a) Those which are screened by natural objects, plantings, fences or

other appropriate means so as not to be visible from the main traveled

way of the interstate or primary highway system, or otherwise removed

from sight.

(b) Those located within areas which are zoned for industrial use

under authority of state law.

(c) Those located within unzoned industrial areas, which areas shall

be determined from actual land uses and defined by the regulations

promulgated by the commissioner of transportation.

(d) Those which are not visible from the main traveled way of the

interstate or primary highway system.

5. Any junkyard or scrap metal processing facility not conforming with

subdivision four of this section and lawfully in existence on October

twenty-second, nineteen hundred sixty-five; or lawfully along any

highway made a part of the interstate or primary highway systems on or

after October twenty-second, nineteen hundred sixty-five, and prior to

January first, nineteen hundred sixty-eight, which is within one

thousand feet of the nearest edge of the right-of-way and visible from

the main traveled way of any highway on the interstate or primary

highway systems, shall be screened, if feasible, by the commissioner of

transportation at locations within the highway right-of-way or in areas

acquired for such purposes outside the right-of-way so as not to be

visible from the main traveled way of such highways. The commissioner of

transportation may acquire such property as may be necessary for the

purposes of this subdivision in the same manner as other property is

acquired for state highway purposes pursuant to this chapter, except

that any property in the city of New York, which is deemed by the

commissioner of transportation and the city of New York to be necessary

for the purposes of this subdivision, shall be acquired by the city of

New York in the same manner as provided in section three hundred

forty-nine-c of this chapter relating to the acquisition of property for

the state arterial system in the city of New York.

6. When the commissioner of transportation determines that the

topography of the land adjoining the highway will not permit adequate

screening of any junkyard or scrap metal processing facility specified

in subdivision five of this section or the screening of such junkyard or

scrap metal processing facility would not be economically feasible, the

commissioner of transportation is authorized to acquire such property,

in the same manner as other property is acquired for state highway

purposes pursuant to this chapter, except that any property in the city

of New York, which is deemed by the commissioner of transportation and

the city of New York to be necessary for the purposes of this

subdivision, shall be acquired by the city of New York in the same

manner as provided in section three hundred forty-nine-c of this chapter

relating to the acquisition of property for the state arterial system in

the city of New York, as may be necessary to secure the relocation,

removal or disposal of such junkyard or scrap metal processing facility,

and to pay for the costs of relocation, removal or disposal thereof.

Where additional property is acquired for the relocation of such

junkyard, or scrap metal processing facility, the commissioner may enter

into a written agreement with the owner of such junkyard or scrap metal

processing facility to convey such property as is deemed necessary for

the purposes of this subdivision to such owner on terms beneficial to

the state. In connection with the acquisition of property for the

purposes of this section, the commissioner of transportation may

acquire, in the same manner as property is acquired for state highway

purposes pursuant to this chapter, and dispose of, in any reasonable

manner, all or any part or portion of the junk on such property.

7. Any junkyard or scrap metal processing facility established or

maintained in violation of this section or any rule or regulation

promulgated pursuant thereto, is hereby declared to be, and is, a public

nuisance and such junkyard or scrap metal processing facility may be

abated and removed through an action at law or in equity, or a

combination thereof, brought by the commissioner of transportation in

the name of the people of the state of New York, or such junkyard or

scrap metal processing facility may be abated and removed by the

commissioner of transportation giving thirty days' notice, by registered

mail, to the owner of the property on which such junkyard or scrap metal

processing facility is located to remove same and if the owner of the

property fails to act within thirty days as required in the notice, the

commissioner of transportation or his duly authorized agent shall cause

the removal of such junkyard or scrap metal processing facility at the

expense of the owner of the property.

8. Nothing in this section shall be construed to abrogate or affect

the provisions of any statute, lawful ordinance, regulation or

resolution which are more restrictive than the provisions of this

section.

9. The commissioner of transportation is hereby authorized to enter

into an agreement or agreements with the secretary of transportation of

the United States, as provided by title twenty-three of the United

States code, as amended, relating to the control of junkyards and scrap

metal processing facilities in areas adjacent to the interstate and

primary highway systems, and to take action in the name of the people of

the state of New York to comply with the terms of any such agreement.

Appointment and salary of county superintendent. The board of

supervisors of any county may appoint a county superintendent, determine

the amount of the bond which he shall give, fix his salary, and provide

for the payment of all the necessary expenses incurred while in the

performance of his duties, which salary and expenses shall be a charge

against the county road fund, and may remove such county superintendent

for malfeasance or misfeasance in office, upon written charges, after an

opportunity to be heard, not less than five days after the service upon

such superintendent of a copy of such charges. The term of office of

each superintendent or county engineer appointed by any other law to

perform the duties of county superintendent shall be four years unless

sooner removed by the board of supervisors as above provided.

General powers and duties of county superintendents. The county

superintendent appointed as provided in this article shall:

1. Have supervision of all roads and bridges comprising the county

highway system, together with any other roads, bridges, including

bridges over canals and railroad bridges and state and interstate

highways for which responsibility is imposed upon the county under any

lawful agreement made by the county or under any other provision of law.

2. Visit and inspect the county roads and county bridges of his county

so often as shall be necessary. Visit and inspect any specified city,

town or village highway or bridge of his county when requested in

writing by the town superintendent, city or village mayor and advise and

direct the town superintendent or the appropriate city or village

official how best to repair, maintain and improve such highway or

bridge.

3. Shall prepare and submit annually, in the manner prescribed by and

on or before the date fixed by or pursuant to law, a statement of the

amount necessary to be raised by the board of supervisors for the

construction, improvement and maintenance of such county roads for the

ensuing year, showing the amount by towns and as a total and the

location where any permanent repairs are required to be made.

4. Examine the various formations and deposits of gravel and stone in

his county, for the purpose of ascertaining the materials which are best

available and suitable for the improvement of highways therein.

5. Establish, or cause to be established, such grades, and recommend

such means of drainage, repairs and improvements, as seem to him

necessary whenever requested by the town superintendent or town board.

6. Approve plans and specifications and estimates for the erection and

repair of bridges and the construction and maintenance of town highways.

7. Report to the department of transportation annually, on or before

October first in each year, in relation to the highways and bridges in

his county, containing such matter and in such form as may be prescribed

by the department of transportation, and file a duplicate thereof with

the clerk of the board of supervisors. Additional reports shall be made

from time to time when required by the department of transportation in

respect to such matters as may be specified by it.

9. During the construction or improvement of any highway or road, if

such highway or road be closed to the traveling public and another

existing highway is caused to be used in lieu of the closed highway or

road as provided in section one hundred and four of this chapter,

provide, erect and maintain a sufficient number of detour signs so that

the temporary route or detour shall be clearly indicated throughout its

entire length, and upon the discontinuance of said temporary route or

detour, cause said signs to be removed, and the cost of all thereof

shall be paid out of any moneys available for the construction or

improvement or maintenance of such highways or roads, respectively.

10. Accurately ascertain and locate the corners of the established

boundaries of counties, towns, cities and villages and, where townships

were originally subdivided into lots to accurately ascertain and

establish such lot corners if any such corners will be located within

the bounds of the improved part of any state or county highway or county

road.

If the county superintendent shall not be a civil engineer he may hire

a competent civil engineer to locate such corners. In either case he may

employ such other assistants as may be necessary, the cost and expense

thereof to be a county charge.

Nothing in this subdivision contained, however, shall be construed to

extend to the location of the corner or other boundaries of city, or

village lots, or farm lands, except as they may be, incidentally, the

corners of the boundaries of counties, towns, cities, villages or

original subdivisions of towns, except, also, that where the corners or

boundaries of city or village lots, or farm lands, have been located and

a monument placed before the improvement of such highway, the owner of

such city or village lots or farm lands may point out to such engineer

the location of such monument, and upon such owner furnishing a suitable

monument, it shall be the duty of such engineer to erect such monument

in the manner heretofore provided.

11. Cause noxious weeds, briers and brush growing within the bounds of

county roads and town highways improved by county aid to be cut and

removed between July fifteenth and August fifteenth, and as many other

times as he may deem necessary, in each year, and perform such other

duties as may be prescribed by law, or the rules and regulations of the

department.

13. File with the clerk of the board of supervisors not later than the

thirty-first day of December of each year an itemized inventory of all

machinery and equipment under his jurisdiction, showing the condition

and estimated present value of each article, except small tools of an

original value not exceeding five dollars. He shall also include with

said inventory a statement as to the condition of any tool house, shop

or garage under his jurisdiction and an estimated amount for necessary

repairs or improvements.

14. Have the full control of all shade trees within the county roads

on the county road system, but not within the limits of an incorporated

village, and shall prosecute complaints for malicious injury to, or

unlawful acts concerning, such public shade trees.

15. Provide for the construction of sidewalks adjacent to county roads

when he is of the opinion the same are necessary. He shall have full

authority to determine the type, width, location with respect to the

highway, and the general construction details of such sidewalks. No such

sidewalk shall be constructed in that portion of a town outside a

village unless the town board consents thereto. No such sidewalk shall

be constructed within any city or village unless the governing body of

such city or village consents thereto. The expense of such construction

shall be a proper charge against funds available for the construction,

reconstruction or maintenance of county roads.

16. Notwithstanding any inconsistent provision of law, general,

special or local, the county superintendent of highways of any county

may, with the approval of the board of supervisors, or county

legislature, permit the use of county highway machinery, tools,

equipment and implements, by the superintendent of public works of any

city in such county, upon such terms and conditions as may be agreed

upon by the county and city involved. All sums obtained pursuant to any

terms agreed upon shall be deposited in the county road machinery fund.

17. Have authority to erect signs on county roads and town highways

warning the public of the penalty for placing injurious substances on

such roads or highways under the provisions of the vehicle and traffic

law.

18. Removal of vehicles. a. The county superintendent shall have the

power to cause the removal of any vehicle left unattended for more than

twenty-four hours within the right of way of any county road or on any

other public property under his jurisdiction.

b. The county superintendent shall have the power to cause the

immediate removal, from the right of way of any county road, of any

vehicle which obstructs or interferes with the use of such road for

public travel; or which obstructs or interferes with the construction,

reconstruction or maintenance of such road; or which obstructs or

interferes with the clearing or removal of snow or ice from such road;

or which obstructs or interferes with any operation of the county

department of highways during a public emergency.

c. The owner of a vehicle removed under any of the provisions of this

subdivision may be charged the reasonable cost of removal thereof.

d. The term "vehicle" as used in this subdivision, shall mean every

device in, upon, or by which any person or property is or may be

transported or drawn upon a road, except devices moved by human power or

used exclusively upon stationary rails or tracks.

Deputy county superintendent. The county superintendent of

any county or the county engineer thereof appointed by any other law to

perform the duties of county superintendent, with the approval of the

board of supervisors, may appoint a deputy county superintendent or

engineer, as the case may be, for such period or periods as the board of

supervisors may determine, but limited to the term of office for which

such superintendent or engineer was appointed with power and authority

in the county superintendent or engineer to terminate such appointment

at his pleasure. Such deputy shall act for and have all the powers and

duties of such superintendent or engineer during his inability to act as

such superintendent or engineer or during the regular or approved

vacation period of such superintendent or engineer.

In the event that such county superintendent or county engineer shall

not appoint a deputy as provided herein, prior to or within thirty days

after such inability to act shall occur, the board of supervisors may

make such appointment for the period of such disability during the term

of office of such superintendent or engineer, and such appointee shall

thereafter continue in office for such period as the board of

supervisors may determine, but within the limitation of time as

hereinbefore mentioned.

The board of supervisors shall, in any event, determine the amount of

such deputy's bond and fix his salary and provide for the payment of all

the necessary expenses incurred while in the performance of his duties,

which salary and expenses shall be a charge against the county road

fund, and may remove him from office for such causes and in the same

manner as provided for the removal of a county superintendent or

engineer.

The provisions of law not inconsistent with the provisions of this

section, applicable to the powers, duties, conduct, appointment and

removal of county superintendents or engineers shall be applicable

hereto.

Temporary obstruction of highways. The necessary obstruction of

a highway by the removal of buildings or other temporary obstruction

shall only be allowed if a highway other than a state highway under a

permit granted by the county superintendent upon the written request of

the town superintendent, and if a state highway under a permit granted

by the commissioner of transportation.

Obstructions and removals. Obstructions, within the meaning

of this section, shall include trees which have been cut or have fallen

either on adjacent lands or within the bounds of the highway, in such a

manner as to interfere with public travel therein; limbs of trees which

have fallen within the highway, or branches of trees overhanging the

highways so as to interfere with public travel therein; lumber, wood or

logs piled within the bounds of the public highway; machines, vehicles

and implements abandoned or habitually placed within the bounds of the

highway; fences, buildings or other structures erected within the bounds

of the highway; earth, stone or other material placed in any ditch or

waterway along the highway; telegraph, telephone, electric and other

poles, and the wires connected therewith, erected within the bounds of

the highway in such a manner as to interfere with the use of the highway

for public travel.

It shall be the duty of each owner or occupant of lands situate along

the highway, to remove all obstructions except such structures as have

been placed or erected by a public utility corporation or for an

otherwise public purpose, within the bounds of the highway, which have

been placed there by such owner or occupant or with his consent. It

shall be the duty of all public utility corporations, to remove and

reset poles and the wires connected therewith, when the same constitute

obstructions to the use of the highway by the traveling public. If

temporary obstructions such as trees, lumber, wood, logs, machinery,

vehicles and similar obstructions are not removed within five days after

the service of a notice by mail or forty-eight hours after the service

of a notice personally, upon such owner or occupant, requesting the same

to be done, the county superintendent of highways shall remove such

obstruction. And if permanent obstructions, including, among others,

telegraph, telephone, electric and other poles and wires connected

therewith, are not moved and reset within thirty days after the service

of a notice personally or by mail upon the owner of such poles or wires,

the county superintendent of highways shall move and reset such poles

and wires. The cost and expenses incurred by the county superintendent

in removing such obstructions may be recovered by the county from any

person or corporation responsible therefor in an action to be instituted

by the county attorney. And all recoveries under this section shall be

credited to the county road fund.

Closing highways. If it shall appear necessary to close any

state highway in an emergency or in order to permit a proper completion

of any work of improvement thereon, the commissioner of transportation

or the county superintendent upon the request of the commissioner of

transportation, shall execute a certificate and file the same in the

office of the town clerk of the town in which such highway is situated.

If it shall appear necessary to a county superintendent to close a

county road or a town superintendent to close a town highway, said

superintendent shall execute a similar certificate and file the same in

the office of the town clerk in which such highway is situated. In

either case, such certificate shall state the necessity for the closing

of such highway and describe the portion thereof to be closed. At the

time of filing such certificate the commissioner of transportation or

the county superintendent, as the case may be, shall notify the

contractor who is constructing, improving or repairing said state

highway that the same is closed to public travel until otherwise

notified and shall cause to be posted conspicuous notices to the effect

that the highway is closed.

It shall thereupon be the duty of said contractor to erect suitable

obstruction for closing said state highway, including the necessary

lights which shall be visible to any one approaching such obstruction

from one hour after sunset to one hour before sunrise and said

contractor shall notwithstanding any general or special law be liable

for all damages to persons or property sustained by reason of not so

erecting and so lighting such suitable obstruction. If the work of

improvement, construction or repairs upon a state highway is being

performed by state forces, or otherwise than by contract, the

representative of the department of transportation in charge of such

work, shall at the time of the filing of such certificate, post

conspicuous notices to the effect that the highway is closed, and shall

erect and maintain a lighted obstruction in the same manner as

hereinbefore described. At the time of filing such a certificate

relating to a county road by the county superintendent, he shall notify

the town superintendent to close said county road. Upon such

notification or upon filing such certificate for closing of a town

highway, the town superintendent shall thereupon close the same to

public travel by posting conspicuous notices to the effect that the

highway is closed and by erecting and maintaining a lighted obstruction

in the manner hereinbefore described. In case of the closing of any

highway under the provisions of this section, the town superintendent

shall, if practicable, provide a new location for, and construct a

temporary highway to be used by the traveling public in lieu of the

closed highway and may erect temporary bridges when necessary or cause

other existing highways to be used. For the purpose of locating,

constructing and erecting such temporary highway or bridge the town

superintendent may enter upon the lands adjoining or near to the closed

highway and may, with the approval of the town board, agree with the

owners of such land as to the damages if any caused thereby.

If the town superintendent is unable to agree with such owner upon the

amount of damages thus sustained the amount thereof shall be

ascertained, determined and paid as provided in section one hundred

forty-eight. When such highway shall have been closed to the public as

provided herein, any person who disregards the obstruction and notice,

and drives, rides or walks over the portion of the highway so closed

shall be guilty of a misdemeanor.

Designating as restricted highways under construction or

reconstruction. The commissioner of transportation shall have the power

to designate any highway under construction or reconstruction under the

supervision of the commissioner of transportation, the county

superintendent of highways of a street, highway or road under

construction or reconstruction under his supervision, and the town

superintendent of highways of a street, highway or road under

construction or reconstruction under the supervision of the town

superintendent, as a restricted highway, maintaining traffic thereon,

subject to the provisions of article thirty-seven of the vehicle and

traffic law.

Definitions. As used in this article:

1. The term "state moneys" shall include moneys paid by the state to

the county pursuant to section one hundred twelve and one hundred

twelve-a of this chapter and any other moneys appropriated by law for

the purposes specified in section one hundred fourteen of this chapter;

2. The term "county superintendent of highways" shall include county

engineer or other officer performing similar duties to county

superintendent in counties having no superintendent of highways.

Payment and apportionment of cost among counties and towns. The

board of supervisors of any county, in lieu of proceeding with the

construction or improvement of a highway or highways under sections one

hundred and ninety-four or one hundred and ninety-five, or under the

general or special law governing the construction or improvement of

highways, may appropriate and contribute to the county road fund an

amount to be applied to the construction or improvement, reconstruction

or maintenance of such highway or highways under the provisions of this

article. Such moneys may be raised by the county by tax in the manner

provided in such sections or other law with respect to moneys provided

for the construction or improvement of a highway or highways thereunder

or may be raised pursuant to the local finance law; and the provisions

of such section or laws authorizing apportionment of the expense or part

thereof to the towns and prescribing the manner of such apportionment

and the method of providing the town's share thereof shall apply to such

county contributions. Nothing herein contained, however, shall prevent a

board of supervisors from providing such contribution to the county road

fund by general county tax, without apportionment of the expense to the

towns.

Annual statement of cost. The clerk of the board of supervisors

of each county shall, upon or before the first day of January in each

year, after the year nineteen hundred thirty-nine, transmit to the state

comptroller and the commissioner of transportation a statement, signed

and verified by the chairman of the board, and certified by the clerk,

which shall state the total amount of county moneys provided for the

construction, reconstruction and maintenance of highways under this

article. The comptroller shall determine the amount due to the several

counties, under the provisions of section one hundred and twelve, and

shall draw his warrant upon the state treasury in favor of the county

treasurer of each county for the total amount to be paid to such county.

Sources and use of county road fund moneys. 1. State moneys,

together with the amount provided by the county under section one

hundred eleven of this chapter, including any moneys, collected from the

towns pursuant to an apportionment made as provided in sections one

hundred ninety-four and one hundred ninety-five of this chapter or other

law, shall be a common fund known as the "county road fund".

2. Such moneys shall be expended for construction, reconstruction and

maintenance of a county road system; for the construction,

reconstruction and maintenance of highways which are required or

authorized by law to be constructed, reconstructed or maintained wholly

or partly at the expense of the county, whether or not such highways are

a part of the county road system; for the control and removal of snow

and ice from state highways and county roads; and for the construction,

reconstruction and repair of highway bridges over twenty-five feet in

length located on town highways or such bridges located within a village

where such construction, reconstruction or repair is authorized by the

provisions of this chapter; and, for the payment of principal of and

interest on obligations issued to finance the cost of any expenditure

chargeable to and payable from the county road fund. If the expenses

for the construction, reconstruction and maintenance of a particular

highway or highways are to be charged to a town or towns, the expenses

for each highway shall be accounted for separately and be within the

appropriation made therefor by the board of supervisors.

3. The moneys in this fund shall be deposited in one or more banks or

trust companies designated as depositaries of county moneys, as provided

in section two hundred twelve of the county law and shall be accounted

for separate and apart from all other funds of the county, in the same

manner as provided in subdivision ten of section six-c of the general

municipal law. The moneys in the county road fund may be drawn upon

only for the purposes for which such moneys are authorized to be

expended.

4. When authorized by resolution of the board of supervisors, moneys,

other than the proceeds of borrowings, in the fund which are not

required for immediate expenditure may be invested by the county

treasurer in the manner provided in section eleven of the general

municipal law. Any interest earned or capital gains realized on the

moneys deposited or invested shall become part of such fund.

5. Notwithstanding the provisions of this section or any other

general, special or local law, the board of supervisors of a county may

authorize the expenditure of moneys in the county road fund other than

the proceeds of borrowing for any public highway, traffic or

transportation purpose of the county. Expenditures from such fund for

purposes other than those described in the foregoing subdivisions of

this section shall be paid by the county treasurer upon vouchers

approved by such county officer or officers as shall be designated by

the board of supervisors.

5. Notwithstanding any other provision of law, where and to the extent

that moneys are available in the county road fund to pay for the cost of

any expenditure which may be charged to and paid from the county road

fund, such expenditures shall be charged to the county road fund;

provided, however, that nothing in this subdivision shall prevent the

financing, in whole or in part, of any expenditure for which obligations

may be issued pursuant to the provisions of the local finance law.

6. Notwithstanding any other provision of law, a county may

contribute funds to a city, town or village towards its fifteen per

centum share of the cost of reconstructing a railroad bridge as required

by subdivision three of section ninety-four of the railroad law whether

or not the road, of which the bridge is a part, is under the

jurisdiction of a city, village, town or county and regardless of who

performs the work.

Preparation of map showing proposed county road system. The

county superintendent of highways of each county shall prepare a map

showing a proposed county road system for such county to be constructed

with moneys from the county road fund, such system not to include a

state highway, except that a designated state highway not under state

maintenance may be included in such system and be improved by a county.

This map must be approved by the board of supervisors of such county

before it becomes effective; and when so approved it shall be filed in

the office of the county clerk and county superintendent. An existing

map of a county road system, however, may be approved by the board of

supervisors and, when approved by such superintendent, such action shall

be deemed a compliance with this article, when the map is filed as above

provided. Thereafter, except as otherwise provided by section one

hundred fourteen of this chapter, no road shall be constructed,

reconstructed or maintained with any such county road fund moneys except

the road set forth on such map, excepting, however, and notwithstanding

any of the provisions of this article, any highway enumerated in section

three hundred forty-one of this chapter that has been constructed or

improved under section one hundred and ninety-four or one hundred and

ninety-five, or under the general or special law governing the

construction or improvement of highways, that has been constructed or

improved as a state highway, may be maintained from such county road

fund moneys. Amendments to such map may from time to time be made by

such county superintendent and if approved by such board of supervisors

shall be filed in the office of the county clerk and county

superintendent. Construction in accordance with such map shall, subject

to the provisions of this chapter, proceed in such manner that any money

in the county road fund used in any one year shall be used so far as is

practicable to build or finish complete road units or projects as shown

on such map within such year and not to construct parts of units or

projects divided from each other.

Abandonment of unused portions of town highways on county

road system. Whenever a county road or part thereof constructed as part

of the county road system deviates from the line of an existing town

highway, or from the line of a former town highway within the limits of

an incorporated village, as shown on the map of the county road system,

the board of supervisors by resolution duly adopted upon the

recommendation of the county superintendent of highways, and pursuant to

a written agreement with the town board or village board of trustees, or

in the event such an agreement cannot be reached with the approval of

the commissioner of transportation, may abandon to the town or the

incorporated village as the case may be for future maintenance, that

part of the town highway or former town highway within the limits of an

incorporated village not improved and modify the map of the county road

system accordingly. The portion of any town highway or former town

highway within the limits of an incorporated village excluded from the

county road system shall be maintained by the town or village in which

it is located.

Removal of road or part of road from county road system. Upon

the recommendation of the county superintendent of highways and pursuant

to a written agreement with the governing body of a town, village or

city, or in the event such an agreement cannot be reached with the

approval of the commissioner of transportation, the board of supervisors

of any county may remove a road or part of a road from the county road

system and upon adoption of the resolution therefor by the board the

county map, referred to in section one hundred fifteen of this chapter,

shall be amended as provided for in said section so as to eliminate said

road or part of said road from said map and said road or part of said

road shall thereupon revert to the town or towns or village or city or

cities wherein said road or part of said road is situated and thereafter

shall be maintained by said town or towns or village or city or cities

in the same manner as other town highways and village streets and city

streets are maintained.

Notice to municipalities where county roads are abandoned or

revert to such municipalities. Whenever a county road is abandoned or

reverts to a city, town or village pursuant to the provisions of

sections one hundred fifteen-a and one hundred fifteen-b of this

chapter, thirty days before such abandonment or reverter is effective,

the board of supervisors or county legislature must give notice that

such abandonment or reverter is to take place to the clerk and the

mayor, supervisors or other chief executive officer of each of such

municipalities within which all or part of such road is situated.

Statement and approval of proposed work. Before any county road

fund moneys are spent or obligated in any one year under article six,

except as otherwise provided in this section, the county superintendent

of highways shall prepare a statement of the roads on such map proposed

to be constructed or reconstructed during such year. This statement must

be approved by the board of supervisors of such county and shall show

the location of the proposed road, the total mileage thereof and the

mileage of the portion to be constructed or reconstructed in such year,

the estimated cost of such construction or reconstruction, width,

thickness and type. Such statement shall be made in triplicate and

after final approval as hereinbefore specified one copy thereof shall be

filed in the office of the board of supervisors of the county, one in

the office of the county superintendent of highways and one in the

office of the county treasurer. Upon recommendation of the county

superintendent, the board of supervisors may authorize by resolution

that a specific amount of said county road fund moneys may be used by

the county superintendent for preliminary engineering and surveys to

acquire necessary data for the preparation of said statement of the

roads on such map proposed to be constructed or reconstructed.

Construction and reconstruction of county roads. Construction

or reconstruction of such roads, including necessary grade and culvert

work, and any plans and specifications therefor, shall conform to an

outline or general plan of the work, and such construction or

reconstruction must be done under the immediate direct supervision of

the county superintendent or a competent foreman designated by him. All

or any part of such construction or reconstruction may be done by

contract or by direct employment of labor and purchase of material, or

both. The machinery needed for work done under this article, unless

furnished by the contractor, shall be provided as follows:

The county superintendent may rent road machinery from any person,

company, corporation, or from any town or towns in the county, or from

any other county, and such rental shall be payable from the county road

fund; or he may use road building machinery, equipment, tools and

implements purchased with county moneys, and whenever used for the

purpose of this article, a charge therefor, in the nature of rental,

shall be payable from the county road fund on itemized vouchers

certified by the county superintendent showing where the machinery was

used, together with the amount chargeable to each appropriation or

construction project. The provisions of subdivision three of section one

hundred ninety-five, and of subdivisions four, five and six of section

one hundred ninety-four shall apply to work carried on pursuant to the

provisions of this article.

Highways in villages in Niagara county. The board of

supervisors of Niagara county may place upon the map of the county road

system and may provide for the construction, reconstruction, improvement

or maintenance of a county highway through a village so as to form a

continuous highway on the county road system. Such highway within a

village shall be of such width and type of construction as the county

superintendent deems to be adequate.

Notwithstanding any inconsistent provision of this chapter, the board

of supervisors of Niagara county is also authorized to place upon the

map of the county road system and to provide for the construction,

reconstruction, improvement or maintenance of any street or road within

the boundaries of any village, which street or road may be a direct

continuation of a county highway.

Notwithstanding the provisions of any general, special or local law or

any inconsistent provision of this chapter, the plans, specifications

and estimate of cost of such construction, reconstruction or improvement

provided in this section, may, in the discretion of the county

superintendent, include the installation, construction, reconstruction,

improvement of curbs, drainage facilities and retaining walls to protect

pavements; the removing, relocating, constructing, reconstructing and

improving any existing structures, facilities and appurtenances owned by

any municipality and removing, relocating, constructing, reconstructing

and improving sidewalks, and intersecting highways, roads or streets to

accommodate adjusted or changed grades of highways, roads or streets in

the interest of public safety; all in addition to the relevant

provisions of this chapter that relate to the preparation of plans,

specifications and estimates for the construction, reconstruction and

improvement of county highways.

The county superintendent shall have jurisdiction over the entire

property affected by the provisions hereof to the same extent as may now

or hereafter be provided by law. Any sidewalks, sewers, water mains,

conduits, facilities and appurtenances that are provided pursuant to

this section, shall be maintained or shall continue to be maintained, as

the case may be, by the village in which they are located, or by the

agency or other unit owning or having control thereof.

Notwithstanding the provisions of any general, special or local law,

and in the interest of public safety and to promote public convenience

in the use of highways, roads or streets hereby affected, any local

rule, regulation, ordinance, law or statute hereafter enacted, which

relates to or affects parking, traffic operation of vehicles, pedestrian

traffic or any other traffic conditions on such highways, roads or

streets in villages, shall be ineffective until the governing body of

any such village shall first submit such rule, regulation, ordinance,

law or statute to and it be approved by the county superintendent.

If greater width or different type of construction is desired by the

municipality, the board of trustees of such village shall by resolution

petition the county superintendent to provide the width and type of

construction desired. The additional expense caused by the increased

width or different type of construction or both shall be borne wholly by

the village. The county superintendent may provide for the width and

type of construction described in such petition, if the superintendent

deems the filing of such petition to be timely and the construction

described therein to be practicable. Whenever the county superintendent

shall have approved such a village petition, the plans, specifications

and estimates of cost, together with an estimate showing the additional

cost to be borne by the village, to provide for the greater width or

different type of construction or both, shall be submitted to the board

of trustees which, if it approve such plans, specifications and estimate

of cost, shall by resolution appropriate the funds necessary to provide

for the portion of the cost of construction to be borne by the village.

Such fund shall, prior to the award of the contract, be deposited by the

village with the county treasurer subject to the draft or requisition of

the county superintendent, and a certified copy of the resolution shall

be filed with the county superintendent and with the county treasurer.

The moneys so required shall be raised by tax or pursuant to the local

finance law. Upon the completion of a highway, road or street within a

village where a portion of the cost is borne by the village, the county

superintendent shall transmit to the board of trustees a statement

showing the actual costs of the additional width or changed construction

including a proportionate charge for engineering, and shall notify the

village clerk that he will accept the work within twenty days from the

date of such notice, unless protest in writing against the acceptance

shall be filed by such clerk with the county superintendent. In case a

protest is filed, the county superintendent shall hear the same and if

it is sustained the county superintendent shall delay the acceptance of

the highway, road or street until the same be properly completed. If no

protest is filed, the highway, road or street shall at the expiration of

the said twenty days be deemed finally completed and accepted on behalf

of the village and the county, and shall thereafter be maintained in the

manner provided in this section.

The provisions of this section shall not be deemed to affect the

lawful authority or power of the state commissioner of transportation to

regulate or limit the construction, reconstruction, improvement or

maintenance of county highways.

The provisions of this section shall apply only to the construction,

reconstruction, improvement or maintenance of county roads or direct

continuations of county roads lying within the boundaries of

incorporated villages in the county of Niagara and money from the county

road fund may be used for the purposes of this section.

Controlled-access highways in counties. Notwithstanding the

provisions of any general, special or local law to the contrary, a

county road entirely or partly constructed, reconstructed or improved at

a location where no public highway theretofore existed, may be

designated within a county by the board of supervisors of such county,

on recommendation of the county executive, if any, or in any other case

on recommendation of the county superintendent of highways, as a

controlled-access highway, to and from which the owners or occupants of

abutting property or any other person shall have no right of access

either as pedestrians, as operators of vehicles or in any other

capacity, excepting at junctions of such highways with other public

highways, and also excepting as such access may be reserved by the deed

or final order of condemnation describing the property which has been or

which hereafter shall be acquired for the purpose of such

controlled-access highway. Such county road designated as a

controlled-access highway shall be subject in all other respects to the

provisions of the vehicle and traffic law, and the highway law with

relation to county roads.

Hawking, peddling, vending, sale of goods, wares or

merchandise; Erie county; certain areas. Notwithstanding any law to the

contrary, except section thirty-five of the general business law, the

county of Erie shall have the power to enact a local law prohibiting

hawking, peddling, vending and sale of goods, wares or merchandise or

solicitation of trade in the right-of-way of county roads adjacent to

arenas, stadiums, auditoriums or like facilities, which contain fifty

thousand or more seats, which are used for events likely to attract

large numbers of spectators, including but not limited to home games of

a National Football League franchise. Provided, however, that the power

to enact such local law shall be subject to the requirement that

provision be made, by lease agreement, regulation or otherwise, for the

hawking, peddling, vending and sales of goods, wares or merchandise or

solicitation of trade in designated vending areas on the ground of

county-owned lands leased for use as an arena, stadium or auditorium or

like facility which contain fifty thousand or more seats; and further

provided that members of the armed forces of the United States who (a)

were honorably discharged from such service, or (b) have a qualifying

condition, as defined in section one of the veterans' services law, and

received a discharge other than bad conduct or dishonorable from such

service, or (c) are discharged LGBT veterans, as defined in section one

of the veterans' services law, and received a discharge other than bad

conduct or dishonorable from such service, and who are entitled to hawk,

vend, sell or peddle merchandise in the public right-of-way pursuant to

sections thirty-two and thirty-five of the general business law, shall

be given first preference in any assignment or vending locations or in

the allocation of such locations.

Pedestrian overpass to be designated as the "Jennifer

Bolender Memorial Overpass". The pedestrian overpass spanning the

LaSalle Expressway in the city of Niagara Falls, in the county of

Niagara, known as the sixty-sixth street overpass, shall be designated

and known as the "Jennifer Bolender Memorial Overpass".

Pedestrian overpass to be designated as the "Police Officer

Robert McLellan Memorial Overpass". The pedestrian overpass spanning

Route 33 in the city of Buffalo, in the county of Erie, known as the

Hickory Street Junction, shall be designated and known as the "Police

Officer Robert McLellan Memorial Overpass".

Acquisition by counties of lands for right-of-way and other

purposes. 1. If a county road, proposed to be constructed or improved as

provided in this article, or which shall have been heretofore

constructed, or which it is proposed to repair or reconstruct as

provided in this article or in which it is proposed to change the course

of a dangerous section thereof, shall deviate from the line of a highway

already existing, the board of supervisors of the county where such

highway is located shall provide the requisite right-of-way prior to the

advertisement for proposals. The execution by the property owner of an

option to purchase, or of a release or agreement giving the county the

right to enter and occupy property for highway purposes shall be deemed

to be a sufficient acquisition of right-of-way under this article, and

upon the certification of the board of supervisors that the county has

secured such options, releases or agreements from the reputed owners of

all parcels of right-of-way called for by the plans, the county

superintendent may proceed to advertise for proposals for the

improvement. The board of supervisors shall also secure all necessary

rights-of-way for drains or ditches required to properly drain the

highway either during construction or after completion thereof and may

also acquire lands for the purpose of obtaining gravel, stone or other

material, when required for the construction, reconstruction,

improvement or maintenance of such highways, or for spoil banks,

together with a right-of-way to such spoil banks and to any bed, pit,

quarry or other place where such gravel, stone or other material may be

located.

2. The board of supervisors may also acquire lands at any corner

formed by the intersection of highways, for the purpose of removing

obstructions therefrom which shut off the view to intersecting highways;

thereby to afford visibility or sight distance of such highways near, at

and across any corner of lands at highway intersections.

3. The board of supervisors may also acquire lands at any curve along

county roads, for the purpose of removing obstructions therefrom which

shut off the view of, to, over and along such highway; thereby to afford

visibility or sight distance at, over, along and across any such curve.

4. When requested by the commissioner of transportation, the board of

supervisors shall also provide lands or rights or interests therein,

including designation of controlled-access highways pursuant to section

one hundred seventeen-b of this chapter, for rights of way and other

purposes mentioned in this section, which the commissioner of

transportation shall require pursuant to the provisions of sections

eighty-one and eighty-four of this chapter. The execution by the

property owner of an option to purchase, or of a release or agreement

giving the state or the county the right to enter and occupy property

for highway purposes shall be deemed to be sufficient acquisition of

rights of way under this section, and upon the certification of the

board of supervisors to the commissioner of transportation that the

county has acquired options, releases or agreements from the reputed

owners of all parcels of rights of way and all rights and interests

deemed necessary, or has commenced condemnation proceedings with respect

thereto, the commissioner of transportation may proceed to advertise for

proposals for the improvement.

5. Notwithstanding the provisions of any general, special or local

law, the county superintendent of highways, his agents, contractors or

employees when engaged on work connected with the county road system in

the county, may pursuant to the eminent domain procedure law enter upon

any property for the purpose of making surveys, test pits, test borings,

or other investigations. Claims for any damage caused by such work may

be adjusted by agreement by the chairman of the governing body, a member

or a committee appointed for the purpose, or determined by supreme court

in accordance with the eminent domain procedure law.

6. In the construction, reconstruction or improvement of a county road

where an existing entrance or approach to private lands is wholly or

partially destroyed as a result of a substantial change in the existing

grade, or for any other reason, the board of supervisors or a committee

thereof authorized to acquire the necessary rights of way for said

county road, may, upon the request of the abutting property owner

affected, cause the reestablishment of the entrance, approach or

driveway to be adjusted to the grade of the new road, and the cost

thereof shall be a county charge payable out of the county road fund. In

such adjustment the details of the work shall be as determined by the

county superintendent of highways. The county shall not be liable for

the maintenance of such adjusted and reestablished approaches or

driveways upon the lands of such abutting property owners, nor shall it

be liable for damages in connection therewith after the completion of

such adjustment work.

7. Within appropriations made for the construction and maintenance of

county roads, and upon recommendation of the county superintendent of

highways or upon its own motion, when it finds such action necessary in

the interest of the public safety and welfare, because of density of

population, proximity of schools and the volume of vehicular and

pedestrian traffic the board of supervisors of a county may cause

sidewalks for pedestrians to be constructed along any county road either

in conjunction with or subsequent to the construction of such road and,

if necessary, may acquire for such purpose property or easements thereto

pursuant to the provisions of article six of this chapter.

Abandoning of parts of county highways. Whenever, pursuant to

this act or under the provisions of any statute, any county road shall

have been widened, straightened, extended, drained, paved and/or

otherwise improved and in the process thereof a county shall have

acquired from an adjacent owner certain lands necessary for said

right-of-way by purchase, condemnation or as a gift and where under such

circumstances either the grantor of said new right-of-way shall own the

property on both sides thereof for the full length of the new taking or

the consent in writing of any and all other owners within such area be

given, and there shall be sections of the old road as it existed before

said improvement which are of no further use for highway purposes to

said county, the board of supervisors of said county in which said land

is situated, upon the recommendation of the county superintendent of

highways, may abandon to the abutting owner or owners such sections or

parts of the old road as it existed before said improvement which are of

no further use for highway purposes, providing the road after such

abandonment shall not be less than three rods in width, and the chairman

of the board of supervisors of said county is hereby authorized to

execute and acknowledge in the name of the county and affix the seal of

the county to a quit-claim deed or deeds of the land so abandoned and to

deliver the same to the abutting owner or owners for such consideration

and upon such terms and conditions as the board of supervisors of the

county shall deem proper.

Whenever, pursuant to this chapter or under the provisions of any

statute, the maintenance of any section of a highway by the state is

discontinued by official order or otherwise and the maintenance thereof

transferred to a county, and such section of such road is of no further

use for highway purposes to said county, the board of supervisors in

which said land is situated, upon the recommendation of the county

superintendent of highways, may adopt a resolution to abandon to the

abutting owner or owners of such section of such road which is of no

further use for highway purposes, and the chairman of the board of

supervisors of said county is hereby authorized to execute and

acknowledge in the name of the county, and affix the seal of the county

to a quit claim deed or deeds of the lands so abandoned, and to deliver

the same to the abutting owner or owners for such consideration and upon

such terms and conditions as the board of supervisors of said county

shall deem proper.

The adoption of the hereinbefore mentioned resolution by the board of

supervisors shall be an immediate abandonment and discontinuance of the

use for highway and street purposes of said sections or parts of the old

road described in said resolution without any further or other

proceeding.

Notwithstanding any other provisions of law, the superintendent of

highways, with the approval by resolution of the board of supervisors,

may establish parking areas on land which would ordinarily be abandoned

by the highway department, due to new right-of-ways, or widening,

straightening, extending, draining, paving or otherwise improving

highways. The superintendent may also place upon said parking areas

suitable picnic tables and facilities for the traveling public. The area

so developed by the superintendent of highways shall be used for parking

and resting purposes primarily and shall not be developed for or as a

public park.

Entry upon lands by county superintendent. The county

superintendent may, when authorized by the county board, enter

1. Upon any lands adjacent to any county road for the purpose of

opening an existing ditch or drain, or for digging a new ditch or drain

for the free passage of water for the drainage of such road.

2. Upon the lands of any person adjoining rivers, streams or creeks,

to drive piles, throw up embankments and perform such other labor as may

be necessary to keep such rivers, streams or creeks within their proper

channels, and to prevent their encroachment upon county roads or bridges

and culverts thereon.

3. Upon the lands adjoining county roads which, during the spring

freshets or at a time of high water are subject to overflow from such

rivers, streams or creeks, to remove or change the position of a fence

or other obstruction preventing the free flow of water under or through

such road or bridges and culverts thereon, whenever the same may be

necessary for the protection of such roads, bridges or culverts.

4. Upon any lands adjacent to county roads to remove any fence or

other obstruction which causes snow to drift in and upon such roads, and

erect snow fences or other devices upon such lands to prevent the

drifting of snow in or upon such roads.

Where lands are entered upon under the provisions of this section, the

county superintendent shall agree with the owner of such lands, subject

to the approval of the county board, as to the amount of damages, if

any, sustained by such owner in consequence of such entry in performance

of the work authorized by this section, and the amount of such damage

shall be a county charge. If the county superintendent is unable to

agree with such owner upon the amount of damages thus sustained the

amount thereof shall be ascertained, determined and paid in the manner

that damages are so ascertained, determined and paid, where

rights-of-way are necessary for the construction, reconstruction,

improvement or repair of county roads generally and the board of

supervisors is unable to acquire such rights-of-way by purchase.

Purchase of lands. The board of supervisors may, by resolution,

authorize its chairman, a member, or a committee to purchase the lands

to be acquired for the purposes specified in the preceding section.

Petition to acquire lands. If the board of supervisors is

unable to acquire land by purchase as provided for in section one

hundred nineteen of this chapter, the board may present to the county

court of the county or to the supreme court, at a special term thereof,

to be held in the judicial department in which said county is located, a

petition for the appointment of three commissioners of appraisal to

ascertain and determine the compensation to be paid to the owners of the

land to be acquired and to all persons interested therein. Such petition

shall describe the land to be acquired with reference to the map upon

which the same is shown which shall be annexed to such petition. A copy

of such petition and map shall be filed in the office of the county

clerk. Such petition shall be signed and verified in the name of the

board of supervisors, by the chairman or a member thereof designated for

that purpose by resolution. Notice of presentation of such petition to

such court shall be given by the petitioner by publishing such notice in

two newspapers published in such county, once in each week for two weeks

successively preceding the day of such presentation, and also at least

eight days preceding the day of such presentation by serving a copy of

such notice, personally or by mail, on the occupant or owner of the land

to be acquired, and by posting a copy of said notice in not less than

three public places in each town in which property to be acquired is

located.

Commissioners of appraisal to be appointed. Upon such

presentation, such court shall, after hearing any person owning or

claiming an interest in the lands to be acquired who may appear, appoint

three disinterested persons as commissioners of appraisal. And in case a

commissioner of appraisal shall at any time decline to serve, or shall

die, or for any cause become disqualified or disabled from serving as

such, the said court, at a similar special term, may, upon similar

notice, application and hearing, and upon such notice to the land owners

as the court may prescribe, appoint another person similarly qualified,

to fill the vacancy caused thereby.

Duties of commissioners of appraisal. The commissioners of

appraisal shall take the oath of office prescribed by the constitution,

which oath shall be filed in the office of the county clerk of the

county. Upon the filing of such oath the title to the lands described in

the petition and map filed in the office of the county clerk shall vest

in the county for the purpose of a highway forever. The commissioners of

appraisal shall, with all reasonable diligence, proceed to examine such

highway and lands. The commissioners of appraisal shall cause a notice

to be published in two such newspapers as aforesaid, once each week for

two weeks successively next preceding the day of meeting mentioned in

such notice, that at a stated time and place within such county they

will meet for the purpose of hearing the parties claiming an interest in

the compensation to be awarded for the lands taken for such highways.

Said notice shall also state the fact that a map or maps showing the

land acquired had been filed in the county clerk's office. At the time

and place of said meeting and at any adjournment thereof which said

commissioners of appraisal shall publicly make, they shall hear the

proofs and allegations of all interested parties. They may adjourn the

proceedings before them from time to time, issue subpoenas or administer

oaths in such proceedings; and shall keep minutes of their proceedings

and reduce to writing all oral evidence given before them. They shall

thereafter make and sign a report in writing, to which they shall

assess, allow and state the amount of compensation to be sustained by

the owners of the several lots, pieces or parcels of land taken for the

purposes aforesaid. Such report shall contain the names of the owners of

any parcel of land acquired as aforesaid, except that in case the

commissioners of appraisal are unable to ascertain the names of such

owners, they may in place of the names of such undiscovered parties

insert the words "unknown owners, " in their report. The commissioners

of appraisal shall file their said report, together with the minutes of

their proceedings, in the office of the county clerk of such county.

After said report shall have been completed and filed as aforesaid, the

commissioners of appraisal shall, after publishing a notice in like

manner as that provided in section one hundred twenty, apply to the

county court of the county or to the supreme court, at a special term

thereof to be held in the judicial department in which said county is

located, to have the said report confirmed. If no sufficient reason to

the contrary shall appear, the court shall confirm said report.

Otherwise it may refer the same back to the said commissioners of

appraisal for revision or correction; and after such revision or

correction the same proceedings shall be taken as are hereinbefore

provided for, and the commissioners of appraisal shall in the same

manner make renewed application for the confirmation of such report, and

the court shall thereupon confirm or refer back the said report and such

proceedings shall be repeated until a report shall be presented which

shall be confirmed by the said court.

County treasurer to pay awards. Within six months after the

report of the commissioner of appraisal shall be confirmed as aforesaid,

the county treasurer of such county shall pay to the persons named

therein the amounts awarded to them for damages with four per centum

interest thereon from the date of the filing of the oath of the

commissioners of appraisal in the office of the county clerk. Such

amounts with interest and the amounts payable in pursuance of this

article shall be deemed a part of the cost of construction or

improvement of county roads under this article and shall be paid from

the county road fund by the county treasurer, in case of purchase upon

requisition of the chairman of the board of supervisors of said county,

or by any member or committee thereof designated for that purpose by

said board and in case of a petition for the acquisition of such lands,

upon service of a certified copy of the order confirming such awards. In

case there are unknown owners, to whom the award is made in said report,

the said county treasurer shall deposit the amounts awarded to them with

like interest in some trust company or bank in such manner as the said

court shall in the order of confirmation direct, such amount to be paid

out upon the application of said unknown owners when discovered.

Land may be sold or leased; disposition of proceeds. Any lands

acquired by purchase or condemnation, for the purpose of obtaining

gravel, stone or other materials, for the construction or maintenance of

highways improved or constructed as provided in this article, or

required for spoil banks, may be sold in accordance with the eminent

domain procedure law or leased by the governing body of any county, when

no longer needed for any of such purposes. The proceeds thereof shall be

paid into and become a part of the county road fund. The governing body

may, where it has acquired land by purchase or condemnation as a

right-of-way for a county road, sell, convey, grant or lease to the

owner or owners of property adjoining the same, so much thereof as may

be unnecessary for such highway purposes, provided the strip of land

retained for such highway purposes is not less than sixty feet in width,

and provided such sale, conveyance, grant or lease will give said

adjoining owner or owners of land a frontage immediately in front of

their respective premises upon the new highway and right-of-way when

completed. The governing body may make such sale, conveyance, grant or

lease to such owner or owners of real property for the purpose of

compensating such owner or owners for damages sustained by reason of the

change of the location of such highway and in full settlement thereof.

In the county of Wayne, however, if any such owner or owners of

property adjoining lands heretofore acquired by said county from the R.

& S. Liquidating Corporation and being formerly lands of the Rochester &

Syracuse Trolley Company, for purposes of a right-of-way for a state

highway, do not purchase such lands or any part thereof as may be

unnecessary for highway purposes as provided by this section, within

sixty days from the receipt by such owner or owners of the offer of the

governing body of such county to sell such lands or any part thereof,

then such board may sell and convey such lands or any part thereof, on

the same terms and conditions as those of such offer or offers, to any

other person or persons, and the proceeds thereof shall be used in the

manner provided by this section.

Awarding of contracts. Contracts for construction,

reconstruction or work to be performed under contract for purposes

authorized in this article shall be awarded by the county superintendent

of highways with the approval of the chairman of the board of

supervisors, except where the board of supervisors, by resolution,

determines that any or all such contracts shall be awarded by such board

or by the county purchasing agent; and the provisions of article five-A

of the general municipal law shall apply to such contracts.

Notwithstanding any other general or special law any such contract may

be let to a town board without submitting the contract to competitive

bidding.

Payments from the county road fund. 1. Except as otherwise

provided in this article, no claim against the county road fund shall be

paid unless such claim has first been approved by the county

superintendent of highways, and shall have been audited by the board of

supervisors or a duly appointed auditing officer in the same manner as

other charges against the county; provided, however, that debt service

payments may be made without the approval of the county superintendent

of highways and without prior audit; and compensation for the services

of officers and employees engaged at agreed wages by the hour, day,

week, month or year may be paid without prior audit.

2. Where work is performed pursuant to a written contract which

provides for partial payments as the work progresses, the county

superintendent of highways shall, from time to time, in accordance with

rules established by the state commissioner of transportation, prepare a

voucher showing the total value of the work completed, subtracting

therefrom the completed work under such contract shown in the previous

voucher, if any, and from the result there shall be deducted any

percentages required to be retained as provided in the contract. The

county superintendent of highways shall certify on the voucher or attach

thereto a certificate stating that the work has been performed in

accordance with the plans and specifications. The contractor may request

the payment of any retained amounts upon the deposit of securities as

provided in section one hundred six of the general municipal law.

Maintenance and apportionment of cost. Notwithstanding any

other provisions of law, the maintenance of roads improved under the

provisions of this article shall be the responsibility of the county

under the jurisdiction of the county superintendent of highways.

Notwithstanding any other provisions of law, the cost of such

maintenance may be paid by the county from any funds in such county that

are available and that may be legally used for highway or road purposes

or from county funds raised, provided and appropriated therefor, in the

same manner as it raises, provides and appropriates moneys for the

construction of a road or highway under the provisions of sections one

hundred and ninety-four and one hundred and ninety-five of this chapter;

or, notwithstanding any other provision of law, the cost of such

maintenance may be paid from the county road fund.

In either case the county may apportion such cost of maintenance

between it and the local municipalities in which such road or highway is

located, and the amounts to be so borne by the county and the local

municipalities, respectively, may be raised and provided in the same

manner as money is raised and provided under sections one hundred and

ninety-four and one hundred and ninety-five of this chapter for the

construction or improvement of a road or highway where the cost thereof

is apportioned between the county and a town or towns; or, such cost of

maintenance, as apportioned, may be paid by the county and local

municipalities, respectively, from any funds in such county and local

municipalities, respectively, that are available and that may be legally

used for highway, road or street purposes.

The term "improved roads" as used in this section shall be deemed to

refer to and mean highways or roads with a pavement of substantial

character sufficient to afford a hard driving surface at all seasons of

the year and which can be efficiently maintained at all times.

Bridges on county road system. Notwithstanding the provisions

of sections two hundred and thirty-one and two hundred and thirty-three

of this chapter, or any other statute, any bridge hereafter proposed to

be located on such county road system, when the same is to be

constructed, reconstructed, maintained or repaired with county road fund

moneys, or when the same is to be constructed, reconstructed, maintained

or repaired with federal and any county moneys, shall be considered and

deemed for such purposes a part of the road on which it is located; and

all the provisions of this section relative to such road system shall

apply with equal force and effect to such bridge thereon for such

purposes.

Bridges under this section shall include bridges over and across

navigable streams, waters, bays or arms of the sea, whether or not the

title to the bed thereof is in the state.

County roads of additional width and increased cost at expense

of village. Notwithstanding any other provisions of law, the county road

system provided for in this article may include highways within an

incorporated village, but if a road be constructed therein of a greater

width or more expensive type of improvement than that of the connecting

highway outside the village, the additional expense shall be borne by

the village and the amount thereof paid into the county road fund. The

village shall provide the money to pay such additional expense to be

raised by tax or pursuant to the local finance law.

Application. The provisions of section one hundred

thirty-one-a through one hundred thirty-one-j shall not apply to bridges

on the Hudson river below Waterford, or on the East river, or over the

waters forming a part of the boundaries of the state.

County highways and bridges. 1. A board of supervisors may,

when satisfied that it is for the interest of the county, lay out,

construct, open, alter or discontinue a county highway therein, or cause

the same to be done, and construct, repair or abandon a county bridge

therein, or cause the same to be done when the board shall deem that the

interest of the county will be promoted thereby. All expenses so

incurred shall be a county charge, and may be financed pursuant to the

local finance law.

2. Whenever the board of supervisors of a county shall determine to

construct a bridge in accordance with the foregoing provisions of this

section, such board, on behalf of the county, and the town board of a

town or in case of a city the board of aldermen or any similar board

exercising the functions of aldermen, on behalf of such town or city,

may enter into an agreement with the county, to the effect that such

town or city will operate and maintain such bridge, in case the bridge

is located wholly in a town or city. In case the bridge is constructed

over a stream forming the boundary line between two towns or two cities

or between a town and city, then they may agree with the county to

operate and maintain such bridge jointly, in proportion to the assessed

valuation of such town or city. The sum which the town or towns, city or

cities are obliged to pay under such an agreement is a charge upon such

towns or cities and shall be paid as other town or city charges are

paid.

Location and construction of bridges. The board may authorize

the location, change of location and construction of any bridge, applied

for by any town or towns, jointly, or by other than a municipal

corporation, created under a general law, or by any corporation or

individual for private purposes; and if a public bridge, erected other

than by a municipal corporation, establish the rates of toll for

crossing such bridge; but if such bridge is to cross a navigable stream,

provision shall be made in the resolution or permission authorizing the

same, for the erection and maintenance of a suitable draw, to prevent

any obstruction of the navigation of such stream; and if a private

bridge, provision shall be made that the draw shall be kept open as may

be required to permit all vessels to pass without loss of headway. When

such bridge shall be intersected by the line of counties, the action of

the board of supervisors of each county shall be necessary to give the

jurisdiction herein permitted. If such bridge is to cross a stream

which is navigable in fact, it, including its abutments, and piers, if

any, shall be located and constructed in accordance with maps, plans and

specifications to be approved by the department of transportation; and

not otherwise, and copies of such maps, plans and specifications showing

the location, character, design and dimensions of such bridge, and the

fact of such approval shall be filed in the office of the department of

transportation.

Construction by county of destroyed bridges. If any bridge

within a county, or intersected by any boundary line of a county, shall

be destroyed by the elements, and the board of supervisors of the county

shall deem that the expenses of the construction of a new bridge at or

near the site of the bridge so destroyed would be too burdensome upon

the town or towns within such county, which would otherwise be liable

therefor, the board of supervisors of any such county may provide for

the construction and completion of a bridge and all necessary approaches

thereto, at or near the site of the bridge so destroyed. If the bridge

so destroyed shall have been constructed by a corporation created under

a general law, and the site thereof, and the approaches thereto, or

either, shall be the property of such corporation, such board of

supervisors may purchase the interest of such corporation, or any other

person, in such site or approaches, if such purchase can be accomplished

upon reasonable terms; but if such site or approaches can not be

lawfully acquired by such purchase, or otherwise, upon reasonable terms,

such board may acquire title to premises on either side of such site,

and provide for the construction of a bridge and approaches thereto, at

such place, at the expense of the county or of the two counties jointly,

as the came may be, provided such bridge shall be so located as not to

increase the distance to be traveled upon the highway to reach each end

of such bridge more than five rods. Any board of supervisors providing

for the construction of any such bridge may determine by resolution

whether the expenses of the maintenance and repair thereof shall

thereafter be a county charge, or a charge upon such town or towns.

Bridges over county lines. The board shall provide for the

care, maintenance, preservation and repair of any draw or other bridge

intersecting the boundary line of counties or towns, which bridge is by

law a joint charge on such counties or towns, or on the towns in which

it is situated; and to severally apportion, as it may deem equitable,

the expenses thereof on the towns respectively liable therefor, or on

the respective counties when liable; but when such bridge shall span any

portion of the navigable tide-waters of this state, forming, at the

point of crossing, the boundary line between two counties, such expense

shall be a joint and equal charge upon the two counties in which the

bridge is situated, and the board of supervisors in each of such

counties shall apportion such expense among the several towns and cities

in their respective counties, or upon any or either of such towns and

cities, as in their judgment may seem proper; and if there be in either

of said counties, a city, the boundaries of which are the same as the

boundaries of the county, then it shall be the duty of the common

council of such city, to perform the duty hereby imposed upon the boards

of supervisors; but no town or city not immediately adjacent to such

waters at the points spanned by said bridge shall be liable for a larger

proportion of such expense than the taxable property of such town or

city bears to the whole amount of taxable property of such county. The

board of supervisors of such counties or, in any city embracing the

entire county and having no board of supervisors, the common council,

shall have full control of such bridges. No such bridge shall be

constructed unless the board of supervisors in each of such counties,

and the common council of the city whose boundaries are the same as the

boundary of the other county adjacent to such waters, shall first by

resolution determine that such bridge is necessary for public

convenience. Whenever any bridge now spanning any such navigable

tide-waters or hereafter erected across any such navigable tide-waters,

shall be condemned by the United States authorities as an obstruction to

navigation, and shall be ordered removed, the county and city

authorities having charge of such bridge, if they shall determine that

such bridge shall be rebuilt, shall, as soon as practicable after such

determination, cause plans to be prepared for the erection of the new

bridge and the removal of any bridge so condemned as aforesaid, and

within a reasonable time after the approval of any such plans by the

United States authorities, the proper officers shall proceed with the

construction of said new bridge. In case of any unreasonable delay on

the part of the officer or officers charged with the duty of

construction of such new bridge, such duty may be enforced by mandamus

upon the application of any citizen interested in its performance.

Streets outside cities. When any territory in a county

containing an incorporated city of one hundred thousand inhabitants or

upward, lying outside the limits of such city, has been mapped into

streets and avenues pursuant to law, the board of supervisors may

authorize the establishment of a plan for the grade of such streets and

avenues; the alteration of such plan of grades, or of any plan thereof

that shall have been established by law; the laying out, opening,

grading, constructing, closing and change of line or width, of any one

or more of them, and provide for the assessment on property intended to

be benefited thereby, and fixing assessment districts therefor, and for

the levy, collection and payment of the amount of damages sustained and

the charges and expenses incurred, or which may be necessary to incur in

carrying out such provisions; the laying out of new or additional

streets and avenues upon the established map or plan thereof, the

acceptance by town officers of conveyances of lands, for public

highways, the naming and changing of names of streets and avenues laid

down on said map or plan, and the numbering or renumbering of houses and

building lots fronting on such streets and avenues. But such last named

power in regard to the alteration of said map or plan, laying out,

opening, grading, constructing, closing and change of line, of such

streets or avenues, or the numbering or naming thereof, or defraying the

expenses thereof, shall only be exercised on the petition of the

property owners, who own more than one-half of the frontage on any such

street or avenue, or on a certificate of the town board and

commissioners of highways of the town, that the same is, in their

judgment, proper and necessary for the public interest. If the streets

and avenues in respect to which such action is proposed to be taken,

shall lie in two or more towns, a like certificate shall be required of

the town board and commissioners of highways, of each town. Before

making such certificate, such town board, or boards and commissioners of

highways, shall give ten days' notice by publication in one of the daily

papers of the county, and by conspicuously posting in six public places

in each of such towns, of the time and place at which they will meet to

consider the same, at which meeting the public, and all persons

interested, may appear and be heard in relation thereto. No such street

or avenue shall be laid out, opened or constructed, upon or across any

lands acquired by the right of eminent domain, and held in fee for depot

purposes by any railroad corporation, or upon or across any lands now

held by a corporation formed for the purpose of improving the breed of

horses, without the consent of such corporations. No town officer shall

charge anything for his services under this section, nor shall any

charge be made against any such town or the property therein, for the

expense of the publication of the notice herein required.

Regulation of toll rates. 1. Such boards shall have power by

a vote of two-thirds of all the members elected to authorize an

alteration, reduction or change of the rates of toll charged or received

by any turnpike, plank or gravel road, or other toll road within such

county, or by any bridge company or ferry within such county, or, if

within more than one county, then by joint action with the supervisors

of such counties, provided such alteration shall be asked for by the

directors, trustees or owners of such road, bridge or ferry; but that no

increase of toll shall be so authorized unless notice of such proposed

increase shall have been published once each week for three successive

weeks in a newspaper having general circulation in each town in which

such road or bridge is located or in which such ferry is operated,

commencing at least thirty days prior to the date of such authorization;

and any alteration in rates of toll authorized by any board of

supervisors may be changed or modified by any subsequent board, on their

own motion, by a like vote of two-thirds of all the members elected to

such board; but nothing in this section contained shall affect or

abridge the powers of any city.

2. In the case of rates of toll for a ferry, such boards shall be

authorized to adopt a local law to provide that a ferry shall carry

without charge or fee of any kind for transportation between points

wholly within the state of New York any member of the United States

armed forces in uniform during their term of enlistment in the service

of the United States. Provided, however, that the provisions of this

subdivision shall not apply to a ferry owned or operated by a

municipality that is subject to the provisions of section one hundred

four of the transportation law.

Separate highway districts in certain counties. The board may

establish separate highway districts in counties containing more than

three hundred thousand acres of unimproved unoccupied forest lands, for

the purpose of constructing highways through such lands; such highway

districts to be established upon the application of the owners of more

than one-half to the non-resident lands therein. Any such highway

district shall consist of contiguous tracts or parcels of land, and may

include parts of one or more towns; and they may be changed, altered or

abolished at any time by the board. Such board may appoint one or more

commissioners to lay out and construct such highways in any such

district, and prescribe the powers and duties, and direct the manner in

which highway taxes shall be assessed, levied and collected upon the

lands within the district, and the manner of expenditure thereof.

If obligations should be issued on behalf of the district, the board

may, for the purpose of repaying such loan, set aside and appropriate

the highway taxes upon such lands, for a period not exceeding ten years

from the time of making such loan.

The board may, upon the application of the owners representing a

majority in value, as shall be ascertained from the last annual

assessment-roll of the real estate lying along the line of any highway,

laid out through unimproved lands, in cases not provided for in the last

preceding section, authorize the appropriation of the non-resident

highway tax on the lands lying along such line, for the improvement of

such highways.

The board may direct the expenditure of any non-resident highway or

bridge tax, set apart by an act of the legislature, in counties wherein

such non-resident lands are situated, when the official life of

commissioners appointed to receive and expend such taxes has expired.

Boundary lines. Wherever the words "upon its borders" are

used in this article in reference to the boundary line between two

towns, the same are and were intended and shall be construed to mean

"upon," "along," and "across its borders."

Development of highways and other improvements in certain

counties. 1. The board of supervisors of any county having a population

of more than twelve thousand and adjoining a county having a population

of four hundred thousand or more may appoint seven citizens and resident

taxpayers of said county, who when so appointed shall constitute a board

of commissioners under the name and style of "..........................

county planning and development commission," the name of the county to

be inserted in the blank space. Two of such commissioners first

appointed shall hold office for a term to expire December thirty-first

of the year in which they are appointed; three for a term to expire

December thirty-first of the year next following the year of their

appointment; two for a term to expire December thirty-first of the

second year following the year of their appointment; and thereafter each

commissioner shall hold office for a term of three years, such terms to

expire December thirty-first of the third year. In case any of the

persons so appointed shall not undertake the office of said commission,

or in case of vacancy occasioned by the expiration of term of office or

otherwise, such vacancy shall be filled by a majority vote of the said

board of supervisors, and the persons so appointed shall hold office for

the term of three years from the date of the expiration of the term of

office of the commissioner in whose place he is appointed, except that

when a person is appointed to a vacancy occurring before the term of

office in which the vacancy occurs shall have been completed such person

so appointed shall hold his office for the remainder of the said term

not completed by his predecessor and until another shall be appointed in

his place. No member of said commission shall receive any compensation

for his services as commissioner, but each commissioner shall be

entitled to receive his actual disbursements and expenses in performing

the duties of his office.

Each commissioner shall before entering upon the duties of his office

take and subscribe the oath prescribed by the constitution of the state,

which oath shall be filed in the office of the county clerk. The clerk

of the board of supervisors of the county shall call a meeting of said

commissioners to be held at the court house within ten days after their

appointment for the purpose of organization. Such commissioners shall

thereupon proceed to organize and at such meeting, or at any subsequent

meeting, select a president, vice-president, secretary and treasurer,

who shall, except the secretary, be members of the commission. Such

commission may adopt a seal and a majority of such commissioners shall

constitute a quorum for the transaction of business. The commisison may

employ such counsel as may be necessary and may also employ experts and

other assistants and incur such other expenses as may be found necessary

within the amounts appropriated by the board of supervisors of said

county, and the disbursements and expenses of the commission within the

amounts thus appropriated are hereby declared to be a county charge. The

commission shall keep a record of its proceedings which together with

its approved maps, adopted plans, documents and acts shall be a public

record and be open to public inspection at such times and under such

reasonable regulations as the commission shall determine. The said

commission shall maintain a suitable office where its maps, plans,

papers and records shall be kept. And for the purposes of this act such

commission is empowered to employ and at pleasure discharge such

officers and employees as it may deem necessary and may determine their

duties and fix their compensation, to be paid as other county salaries

are paid, provided, however, that the total of such salaries shall be

within the amount appropriated by the board of supervisors for that

purpose.

3. The commission shall from time to time and at least semi-annually

make a report to the board of supervisors of the work done by it.

4. The commission shall from time to time prepare and submit to the

board of supervisors of the county proposed plans and suggestions for

action by such board of supervisors for the construction of highways

within the county and such plans may show the proposed changes in width

or route of such highways and the location of desirable new trunk line

highways. Such plans shall also show, so far as practicable, the

subdivision of the county into drainage areas and adequate water supply

system and other matters which would tend to improve the sanitary

conditions of the county.

5. The commission shall have the right on behalf of the county to take

in fee or otherwise by gift or devise lands or rights and interest

therein, or to receive by gift, contribution or bequest money or

property to be used for any of the improvements as may be approved by

the board of supervisors as herein provided, all of which gifts, devises

or bequests shall be to and in the name of the county, which is hereby

authorized by and through the commission to accept the same for one or

more of the purposes as in this act provided, or to reject the same.

All such moneys so given or bequeathed shall, unless otherwise provided

by the terms of such gift or bequest, be deposited with the county

treasurer and be subject to the order of the commission as may be

provided by resolution of the board of supervisors.

6. The commission on behalf of the county may and it hereby is

authorized to apply to the proper authorities of the state of New York

for a grant or grants of land under water, adjacent to any uplands now

or hereafter owned by the county and the land board, or other state

officials authorized to make and execute grants of land under water for

and on behalf of the state of New York shall and they hereby are

authorized and directed to release to the county any and all rights of

the state therein, such grants to be subject to such conditions and

restrictions as to it or them shall seem proper, but for a nominal

consideration.

7. The board of supervisors may by resolution passed at any regular,

special or monthly meeting adopt, modify and ratify or reject any plans

or suggestions that may be reported to it by said commission and if and

when so adopted, modified and ratified said board of supervisors may at

the same time estimate the cost of the improvements, or at any one or

more subsequent time or times, and may make additional estimates of the

cost of such improvements to be made as by such plans or suggestions set

forth, and also the expenses of said commission as the board of

supervisors may by resolution from time to time authorize.

8. It shall be the duty of the board of supervisors to cause to be

raised annually in each fiscal year by tax upon the taxable property of

said county in the same manner as other taxes are levied and collected,

a sufficient sum to pay the principal of and interest on any bonds or

notes issued to carry out the provisions of this section. It shall also

be the duty of said board of supervisors in like manner to cause to be

raised annually in each fiscal year a sum sufficient to pay all charges

and expenses legally chargeable against the county for the care,

maintenance and operation of any public improvement created as specified

in this section.

County aid for construction and improvement of certain public

highways and bridges in municipalities. 1. The legislative body of a

county may, upon consent of the governing body of any municipality

situated in such county, provide for the construction, reconstruction or

improvement of any highway, bridge or culvert or section thereof

connecting county or state highways or highways improved pursuant to

sections one hundred ninety-five or one hundred ninety-six of the

highway law or which is an arterial situated within such municipality

and deemed by the county legislative body to serve a vital

transportation need of the county pursuant to this section. The entire

cost of any such construction, reconstruction or improvement shall be

borne by the county excepting the costs and expenses of relocating or

altering private utilities, public authority utilities or utilities

owned by such municipality within the designated area, and the expenses

of relocating or altering public authority utilities or utilities owned

by such municipality shall be considered municipal charges. For

purposes of this section, the term "municipality" shall include only a

city, town or incorporated village. The expenditure of money by the

county for any object or purpose authorized by or pursuant to this act

is hereby determined to be for a county purpose and such county, by

resolution of its county legislative body, may appropriate and expend

any available county moneys to pay all or part of the cost of any such

object or purpose, or such cost may be financed, in whole or in part,

pursuant to the local finance law.

2. The county legislative body may, by resolution, direct the county

superintendent of highways to examine such highways, bridges and

culverts, or sections thereof and submit a report to the county

legislative body. Upon receipt thereof the county legislative body may

direct the county superintendent to prepare or cause to be prepared

designs, plans, specifications and estimates of the costs of

construction, reconstruction or improvement. The county legislative body

may thereupon adopt a resolution providing for the construction,

reconstruction or improvement as submitted, or with any modifications it

may approve.

3. The county legislative body may award a contract for the

construction, reconstruction or improvement, as herein provided.

However, no contract for such work shall be let by the county

legislative body until the governing body of such municipality has

appropriated funds sufficient to pay the estimated cost of relocating or

altering public authority utilities or municipally owned utilties

located within the designated project area as set forth in the county

resolution, nor shall the county legislative body award a contract for

such construction, reconstruction or improvement until all necessary

rights-of-way, easements and land, title to which is not already vested

in the municipality shall have been acquired by the municipality at the

municipality's expense, and proposed grade crossing eliminations have

been approved by the appropriate authority.

4. The construction, reconstruction or improvement authorized by the

county legislative body pursuant to this section shall be performed

under the direction and supervision of the county superintendent of

highways.

5. Payments for construction, reconstruction or improvement authorized

by the county legislative body pursuant to this section shall be made

from time to time by the county treasurer upon the certificate of the

county superintendent of highways.

6. Upon completion of a construction, reconstruction or improvement

authorized by the county legislative body pursuant to this section, the

highways, bridges or culverts, or sections thereof, shall be thereafter

maintained and repaired by the municipality in which they are situated,

unless the municipality and county shall, by written agreement, provide

that such highways, bridges or culverts, or sections thereof, or

approaches thereto shall be thereafter maintained and repaired by the

county. There shall be no transfer of title to the county from the

municipality therein of any highway, bridge or culvert, or section

thereof constructed, reconstructed or improved pursuant to this section.

7. The provisions of this section shall not apply to counties wholly

contained within a city.

Machinery, tools, equipment, implements, materials and

supplies. 1. There is hereby continued in each county the separate fund,

known as the county road machinery fund. Such fund shall consist of, and

there shall be credited to such fund (a) such amounts as the board of

supervisors by resolution may, from time to time, appropriate thereto

from the general fund, (b) all rentals received from any source for the

use of county owned machinery, equipment, tools and implements,

including amounts payable pursuant to section one hundred seventeen of

this chapter, (c) all amounts payable thereto under the provisions of

subdivision three of this section, and (d) all other moneys received for

such fund from any other source pursuant to law.

2. The board of supervisors may, at any regular or special meeting,

appropriate available moneys in such fund for (a) the purchase and

repair of machinery, tools, implements and equipment to be used for

highway, snow removal or bridge purposes, (b) the operation of such

machinery, tools, implements and equipment and supplies therefor, (c)

the operation of necessary shops or garages under the jurisdiction of

the county superintendent, (d) the acquisition, construction,

reconstruction or repair of buildings, under the direction and

supervision of the county superintendent, for the housing or repair of

such machinery, tools, implements and equipment, and (e) the purchase of

materials and supplies adequate to provide a central stock-pile, on an

annual basis for highway, snow removal and bridge purposes. Should such

fund at any time become larger than necessary for the annual

requirements, any excess amount may, upon recommendation of the county

superintendent, be transferred to the general fund by resolution of the

board of supervisors.

3. Whenever materials and supplies from a central stock-pile,

established pursuant to subdivision two of this section, are used for

any highway, snow removal or bridge purpose, the cost of such materials

and supplies shall be considered as an expense of such purpose. On or

before the tenth day of each month, the county superintendent shall

prepare itemized vouchers, properly certified by him, covering the cost

of such materials and supplies used during the preceding month and

submit the same for audit. Payments therefor shall be made to the county

road machinery fund from appropriations provided for the purposes for

which the materials and supplies were used.

4. The county superintendent shall make all purchases chargeable to

the county road machinery fund. The superintendent may, with the

approval of the board of supervisors or of a duly authorized committee

thereof, sell any machinery, equipment, tools and implements used for

highway, snow removal or bridge purposes no longer needed by the county,

or which shall have become worn out or obsolete, or may exchange the

same or surrender it to the vendor as part payment for new machinery,

equipment, tools and implements. If sold, the proceeds shall be credited

to the receipts of such funds and become a part thereof. Any purchase of

new machinery, of a value in excess of ten thousand dollars, in order to

become effective, shall have the approval of the board of supervisors,

or a committee of the board duly authorized and designated by the board

for such purpose.

5. No claim chargeable to the county road machinery fund shall be paid

by the county treasurer unless such claim has first been approved by the

county superintendent of highways and shall have been audited by the

board of supervisors or a duly appointed auditing officer in the same

manner as other claims against the county; provided, however, that debt

service payments may be made without the approval of the county

superintendent of highways and without prior audit; and compensation for

the services of officers and employees engaged at agreed wages by the

hour, day, week, month or year may be paid without prior audit.

Rental or hiring of county highway machinery, tools or

equipment. The board of supervisors or county legislature of any county

may, on the recommendation of the county superintendent of highways,

permit the use of any county-owned street or highway machinery, tools or

equipment, by any municipal corporation, political subdivision,

district, district corporation or school district located within the

state, upon such terms and conditions as may be agreed upon by the

parties involved. Moneys received by a county pursuant to the

provisions of this section shall be paid into the county road machinery

fund.

Purchases by county purchasing agent. Notwithstanding any other

provisions of this article any county may, by a resolution of its board

of supervisors regularly adopted, provide that all, or any part or class

of supplies, materials, tools, implements and equipment, including

purchase or rental of road machinery, required for any purpose

authorized in this article, shall be purchased or contracted for by the

county purchasing agent in the manner provided by law.

Snow removal, and cutting of weeds. The board of supervisors of

any county may annually appropriate and expend such sum as it deems

proper for the removal of snow from the county roads of the county, and

for sanding, or otherwise treating them, for the purpose of removing the

danger due to ice and snow thereon. The board shall designate the

county roads from which the snow is to be removed and the work shall be

conducted in a manner to be determined by the board under the direction

of the county superintendent of highways.

The board may also annually appropriate and expend such sum as it

deems proper for the planting of trees, the cutting and removal of

noxious weeds, briers and brush within the bounds of county roads and

town highways improved by county aid, and the purchase and erection of

snow fences, or other structures to prevent the drifting of snow on the

said roads and highways; and the county superintendent may when

authorized by the board of supervisors enter lands adjacent to a county

road to remove any fence or other structure which causes snow to drift

in and upon such county road, and erect snow fences or other devices

upon such lands to prevent the drifting of snow in or upon such county

roads.

Whenever any equipment acquired by a county as provided in this

section is not needed by the county, the county superintendent may lease

such equipment to (a) any town or towns in the county to be used on town

highways under the direction of the town superintendent, (b) or to the

state commissioner of transportation.

Where lands are entered upon under the provisions of this section, the

county superintendent shall agree with the owner of such lands, subject

to the approval of the board of supervisors, as to the amount of

damages, if any, sustained by such owner in consequence of such entry in

performance of the work authorized by this section, and the amount of

such damages shall be a county charge. If the county superintendent is

unable to agree with such owner upon the amount of damages thus

sustained, the amount thereof shall be ascertained, determined and paid

in the manner that damages are so ascertained, determined and paid,

where new highways are laid out and opened and the town superintendent

and the land owners are unable to agree upon the amount thereof.

Control of snow and ice conditions on county roads.

Notwithstanding any general, special or local law, any county or its

superintendent of highways may contract with any city, town or village

for the removal of snow from the county roads of a county or for sanding

or otherwise treating them for the purpose of removing the danger of ice

and snow, subject to such terms and conditions as may be agreed upon by

the parties involved and to the approval by resolution of each of the

legislative bodies of such county, city, town or village, as follows:

(a) By such city, town or village renting its highway tools or

equipment to the county for such purposes at such terms as may be agreed

upon;

(b) By removal of snow from county roads by a city, town or village;

(c) By sanding and otherwise treating of county roads for the purpose

of removing the danger of ice and snow by a city, town or village;

(d) By removal of snow and sanding and control of ice and snow on

county roads by a city, town or village;

(e) By any combination of a, b, c and d.

A county may in like manner contract with a city, town or village for

the erection of county owned snow fence along a county road upon such

terms and conditions as may be agreed upon. The erection of snow fence

shall not be deemed to be a part of the contract entered into as

described in b, c, d or e above, unless expressly so provided in

writing.

Such contract or contracts shall be in writing for not longer than a

period of ten years. Money received by a town pursuant to the provisions

of this section shall be credited to the respective funds which were

charged with the objects of expense. Money so received by a city or

village shall be placed in the city or village general fund,

respectively, and may be used for any lawful city or village highway

purpose.

Any county shall annually appropriate and expend such sum as it deems

proper for the purpose of carrying out the provisions of this section.

Permits for work within the county road right of way. 1. Except

in connection with the construction, reconstruction, maintenance or

improvement of a county road or operations of a corporation pursuant to

the provisions of section twenty-seven of the transportation

corporations law or sections twenty-one, eighty-nine, ninety-one,

ninety-three, ninety-three-a and ninety-three-b of the railroad law, no

person, firm, corporation or municipality shall construct or improve,

within the county road right of way an entrance or connection to such

road, or construct within the county road right of way any works,

structure or obstruction, or any overhead or underground crossing

thereof, or lay or maintain therein underground wires or conduits or

drainage, sewer or water pipes, except in accordance with the terms and

conditions of a work permit issued by the county superintendent or his

duly designated agent, notwithstanding any consent or franchise granted

by any town superintendent, or by any other municipal authority. Any

municipal corporation may enter upon any county road for the purpose of

widening the pavement or for any other purpose authorized by this

section, but only after securing a permit as provided herein.

Notwithstanding the limitations in any general or special law, every

municipal corporation shall have and is hereby given authority to

deposit with the county superintendent such a sum of money or a security

bond as may be required as a condition precedent to the granting of the

permit provided in this section.

2. The county superintendent shall establish regulations governing the

issuance of highway work permits, including the fees to be charged

therefor, a system of deposits of money or bonds guaranteeing the

performance of the work and requirements of insurance to protect the

interests of the county during performance of the work pursuant to a

highway work permit. With respect to driveway entrance permits, the

regulations shall take into consideration the prospective character of

the development, the traffic which will be generated by the facility

within the reasonably foreseeable future, the design and frequency of

access to the facility, the effect of the facility upon drainage as

related to existing drainage systems, the extent to which such facility

may impair the safety and traffic carrying capacity of the existing

county road and any proposed improvement thereto within the reasonably

foreseeable future, and any standards governing access, nonaccess or

limited access which have been established by the county superintendent.

3. Upon completion of the work within the county road right of way,

authorized by the work permit, the person, firm, corporation,

municipality, and his or its successors in interest, shall be

responsible for the maintenance and repair of such work or portion of

such work as set forth within the terms and conditions of the work

permit.

4. An advertising sign, display or device, or any part thereof,

erected in violation of this section shall be removed from the county

road right of way by the owner or the party responsible for its

erection. The county superintendent shall make a demand by mail, to the

last known address of the owner, apparent owner or party responsible for

the erection of such advertising sign, display or device, for its

removal and, if it is not removed within twenty (20) days from the date

of the mailing of such demand, the county superintendent may remove any

such advertising sign, display or device, or any part thereof, from the

county road right of way.

5. The term "county road right of way" shall, for the purposes of this

section, mean the entire width between the boundary line of all property

which has been purchased or appropriated by the county for county road

purposes, all property over which the county superintendent or his

predecessors has assumed jurisdiction for county road purposes, all

property over which the county superintendent has assumed jurisdiction

during the period of construction, reconstruction or improvement and all

property which has become part of the county road system through

dedication or use.

6. Any person, firm or corporation violating this section shall be

liable to a fine of not less than twenty-five dollars nor more than one

thousand dollars for each day of violation, to be recovered by the

county superintendent and paid in to the county treasury to the credit

of the county road fund created under this article for the construction,

reconstruction and maintenance of county roads on the county road system

in accordance with the provisions of this article, and may also be

removed therefrom as a trespasser by the county superintendent upon

petition to the county court of the county or to the supreme court of

the state.

Maintenance of certain highways by a county. The commissioner

of transportation may, and he is hereby authorized to abandon to each of

the respective counties hereinafter named for the purpose of future

maintenance by said respective counties any or all of certain highways

within said respective counties hereinafter designated and set forth,

which were constructed by the state or are now being maintained by the

department of transportation as a part of the system of state highways.

The respective counties hereinafter named may, and are hereby authorized

to accept and take over any or all such respective highways for future

maintenance, to become part of the county road system.

The highways mentioned above are designated and set forth as follows:

Highway

County number Highway name Miles

Albany 1562 Becker Corners-Callanan Corners ....... 1.80

1404 Dormansville-South Westerlo ........... 0.86

364 Preston Hollow-Potter Hollow .......... 1.09

Allegany 5174 Cuba-Friendship ....................... 0.36

1366 Van Scoters Corners-Canaseraga-Garwoods 1.42

801 E. Rushford-Gordonville Bridge ........ 1.00

Broome 266 Tunnel ................................ 0.91

420 Vestal ................................ 0.88

1451 Stella-New Ireland .................... 4.70

210 Harpursville .......................... 0.10

Cattaraugus 1275 Little Valley-Cattaraugus, part two ... 0.90

695 Otto-Cattaraugus ...................... 1.20

696 Otto-East Otto, part one .............. 4.04

697 Otto-East Otto, part two .............. 2.27

Cayuga 752 Auburn-Wyckoff ........................ 0.14

Chautauqua 1011 Brocton-Stockton, part two ............ 0.20

Chemung 888 Horsehead-Catlin ...................... 3.76

946 Fitch Bridge-Elmira ................... 0.20

Chenango 597 Norwich-Kings Settlement, part one .... 3.55

598 Norwich-Preston ....................... 5.09

666 Plymouth-Kirk ......................... 1.90

1013 Plymouth-Hamlet ....................... 0.19

668 Bainbridge-E. Guilford, part two ...... 0.20

225 Guilford .............................. 0.20

665 Oxford-McDonough, part two ............ 0.50

1014 McDonough Hamlet ...................... 0.08

Clinton 1488 Altona-Obers Corners .................. 5.96

Columbia 1152 Smith Corners-Stockport Dock .......... 1.18

1112 Stockport Station-Stockport ........... 1.10

1113 Germantown-Clermont ................... 0.40

540 Chatham-Spencertown ................... 0.60

Cortland 111 Blodgetts Mills ....................... 0.75

123 Preble-Homer .......................... 1.23

377 Cincinnatus ........................... 0.27

378 McGrawville ........................... 0.10

Delaware 951 Bovina Center-south ................... 2.34

1273 Downsville Hamlet: Main street;

Maple avenue and Creamery street ...... 0.56

216 Roxbury ............................... 0.20

983 Franklin-Treadwell, part one .......... 0.80

Dutchess 1312 Barrytown-Red Hook-Rock City .......... 0.90

Erie 1035-A Holland-Glenwood, part one ............ 0.40

751 Aurora-Glenwood, part two ............. 0.80

1491-A Marilla-Marilla Station ............... 0.40

1335 East Eden-Hamburg ..................... 4.52

1565 Evans Center-Eden, part one ........... 3.14

1034 Chafee-Sardinia ....................... 4.20

Fulton 246 Gloversville-Meco-Phelps .............. 1.13

361 Johnstown-Tribes Hill, part one ....... 0.51

376 Gloversville-Bull Run ................. 2.38

543 Johnstown-Broadalbin, part two ........ 0.91

1376 Bull Run-Bleecker ..................... 2.80

1377 Gloversville-West Perth ............... 1.71

Greene 1348 New Baltimore Station-Coeymans ........ 0.70

Hamilton 5268 Hope Center-Wells, part two ........... 0.23

Herkimer 467 Newport-Norway-Cold Brook ............. 3.94

472 Columbia-Mohawk ....................... 2.17

Jefferson 8019 Ellisburg-Woodville ................... 2.59

427 Watertown-Carthage, part two .......... 0.40

186 Depot ................................. 1.00

5304 Clayton-Alexandria Bay ................ 0.40

5403 Clayton Village ....................... 1.17

1397 Gunn Corners-Fishers Landing, part two 0.70

Livingston 1321 Conesus-Wayland ....................... 0.48

1350 Nunda-Dalton .......................... 0.23

5272 Portage-Mount Morris, part one ........ 0.97

Madison 1216 Chittenango-Lakeport, part one ........ 1.85

1326 Deruyter Village: Albany street ....... 0.18

Monroe 173 Hudson avenue, part two ............... 1.00

400 Portland avenue, part two ............. 0.93

497 Pittsford-North Henrietta ............. 0.97

573 Sea Breeze-Nine Mile Point ............ 0.96

1391 Sweden-Walker ......................... 1.79

1466 Churchville-Adams Basin ............... 0.62

Montgomery 298 Amsterdam-Hagaman ..................... 1.23

299 Saulwaters Corners-Youngs Corners ..... 0.91

397 Canajoharie-Flat Creek-Blaine ......... 6.52

346 Sprakers-Rural Grove, part two ........ 2.51

Nassau 1396 Sheridan boulevard-Burnside avenue

and Rockaway turnpike ................. 2.99

437 Jerusalem avenue-Front street ......... 0.30

546 New Bridge ............................ 0.50

1203 Baldwin-Oceanside ..................... 1.56

42.3 Wantagh Avenue ........................ 0.92

Oneida 139 Hamilton Bridge ....................... 1.26

838 Sauquoit .............................. 0.56

839 Augusta-Knoxboro ...................... 1.22

1610 Hamilton College-Clinton .............. 0.75

5385 Oriskany Falls Village ................ 0.26

5633 Utica-Poland, Part 2 .................. 0.36

Onondaga 488 Belle Isle ............................ 2.02

1073-A Minoa-Manlius Center-Manlius .......... 2.38

1506 Jordan-Baldwinsville, part one ........ 0.38

1043 and 554 Fabius Village and Fabius ............. 1.80

655 Jordan-Cross Lake ..................... 1.41

Ontario 187 Bristol ............................... 0.93

203 Gorham-Stanley, part one Gorham-Reeds

Corners, part one ..................... 1.13

333 Geneva-Canandaigua, part three ........ 0.47

662 Rushville-Gorham ...................... 0.52

188 Bristol Valley ........................ 1.20

5511 Ionia-Holcomb ......................... 1.30

Orange 500 New Hampton-Denton .................... 0.65

8076 Oxford-Chester ........................ 0.13

46 Turners-Monroe ........................ 0.12

447 Warwick-Greenwood Lake ................ 0.08

Orleans 389 Maple Ridge, part one ................. 3.07

1293 Maple Ridge, part three ............... 0.89

Oswego 746 Carleys Mills-Parish .................. 1.11

661 Oswego: West Fifth street and Fruit

Valley ................................ 3.58

826-1136 Pulaski-Orwell and Pulaski Village:

Mill street ........................... 6.83

1244 Phoenix-Mexico, part two .............. 0.34

370 Minetto ............................... 0.48

Otsego 220 Worcester ............................. 0.30

676 Otsego-Wilsey Corners ................. 2.03

935 Schenevus-Westford, part one .......... 3.85

936 Schenevus-Westford, part two .......... 4.15

782 Otsego Village ........................ 0.30

1147 Schenevus Village-Elk street .......... 0.20

1303 Unadilla Forks-Bridgewater ............ 2.52

Rensselaer 200 Old Northern Turnpike ................. 0.31

477 Valley Falls-Tomhannock ................

Valley Falls-Johnsonville ............. 2.30

Valley Falls-Schaghticoke ..............

Schaghticoke-Johnsonville, pt. one

201 Troy-Poestenkill ...................... 0.20

439 East Nassau-Brainard .................. 0.20

5278-A West Sand Lake-Averill Park ........... 0.60

Rockland 90 Grassy Point .......................... 0.47

Schenectady 73 Quaker street, part one ............... 0.12

106 Quaker street, part three ............. 0.14

793 and 1453 Schenectady-Vischers Ferry-

Niskayuna ............................. 4.28

Schoharie 1347 Gilboa-Conesville ..................... 4.41

1234 Richmondville-Summit .................. 0.30

Schuyler 5557 Townsend-Watkins ...................... 5.60

1190 Watkins-Salt Point .................... 1.15

Steuben 903 Thurston-Campbell, part two ........... 1.80

1101 Risingville-Campbell, part one ........ 5.21

5211 Painted Post-Campbell, west of inter-

section with S. H. 5224 ............... 1.22

Suffolk 1525 Cold Spring-Huntington-Fort Salonga,

part one .............................. 1.70

1218 Huntington Town Line-Farmingdale,

part one .............................. 1.10

1219 Huntington-Amityville, part two ....... 0.10

Tompkins 455 Wyckoff ............................... 0.34

606 Cayuga Heights-Ranshaw's Corners ...... 2.12

1003-1003-A Mitchell street-East Town line ........ 1.37

1004-1431 Cooks Corners-Brookton .................

Slaterville Springs-Caroline ...........

Brookton-Speedsville, part one .........

Slaterville Springs-Caroline, part two 5.00

1432 West Danby-West Danby Station ......... 0.42

Ulster 1418 Milton Landing-Milton ................. 0.55

354 Highland Landing-Highland ............. 1.15

1417 Wallkill-Newburgh, part one ........... 0.20

310 Old Post Road ......................... 0.40

116-A Kingston-Rifton ....................... 0.20

Washington 1109 Cambridge-Ash Grove ................... 2.05

1082 Cambridge Village ..................... 0.63

Westchester 1308 Hawthorne-Pleasantville ............... 0.80

1323 Ossining-Kitchawan-Pine Bridge ........ 0.52

899 Cross River-Crafts Corners ............ 0.50

20 White Plains-Armonk, part one ......... 0.35

Wyoming 893 Bliss-Smith Corners ................... 0.17

1622 Wyoming Village: Main street .......... 0.89

Whenever the commissioner of transportation shall determine to offer

any highway above set forth to any county within which said highway is

located for future maintenance, a resolution to carry out the foregoing

provision of this act shall be prepared by the commissioner of

transportation and submitted to the board of supervisors of such

respective county. In case such board of supervisors approve of such

resolution, its approval shall be certified to the commissioner of

transportation, whereupon an official order shall be made and filed by

the commissioner of transportation accordingly and certified copies

thereof shall be filed with the chairman of the board of supervisors,

the clerk of the board of supervisors, the county clerk and the county

superintendent of highways of such respective county and also with the

state comptroller, and thereafter such respective highway shall be

maintained by such respective county as part of the county road system.

Bridge between Saratoga county and Warren county to be

designated as the "Irving H. Densmore Memorial Bridge". The bridge

across the Hudson river between the village of Corinth, town of Corinth

in Saratoga county and the town of Lake Luzerne in Warren county which

carries Saratoga county road 9 and Warren county road 16 shall be

designated and known as the "Irving H. Densmore Memorial Bridge".