§ 10. 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.