§ 10-a. 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.