§ 10-e. 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.