§ 12. Commissioner to provide for maintenance, repair, and for control
of snow and ice; roads and driveways on state lands. 1. The maintenance
and repair of improved state highways in towns and incorporated
villages, exclusive, however, of the cost of maintaining and repairing
bridges having a span in excess of twenty feet shall be under the direct
supervision and control of the commissioner and he or she shall be
responsible therefor. The cost of such maintenance and repair shall be
borne wholly by the state and be paid from moneys appropriated therefor
by the legislature. Such maintenance and repair may be done in the
discretion of the commissioner either directly by the department or by
contract awarded to the lowest responsible bidder at a public letting
after due advertisement, and under such rules and regulations as the
commissioner may prescribe. The commissioner shall also have the power
to adopt such system as may seem expedient so that each section of such
highways shall be effectively and economically preserved, maintained and
repaired.

2. The maintenance of state highways shall include the control of snow
and ice on such highways or any parts thereof, as the commissioner may
deem to be necessary to provide reasonable passage and movement of
vehicles over such highways. The commissioner is authorized also to
erect snow fences at suitable locations. The work of such control of
snow and ice may be done by any municipality which for the purposes of
this section shall include only a county, city, town or village. The
governing board or body of any such municipality and the commissioner
are hereby authorized to enter into an agreement for the performance of
the work of such control of snow and ice upon such terms, rules and
regulations as may be deemed by the commissioner to be for the best
interest of the public. Such agreement may provide for periodic payments
based upon a percentage of the estimated total cost. Any agreement
authorized by this subdivision shall be for a term of up to five years
and at the expiration of the year preceding the last year of the term
specified in the agreement, as such term may be extended as herein
provided, the municipality shall notify the commissioner either (a) that
it requests, with the approval of the commissioner, that the term of the
agreement be extended for a specified term of up to five years or (b) it
intends not to extend the agreement and such agreement shall expire at
the end of the term. If the municipality fails to notify the
commissioner as herein provided, it shall be deemed that the
municipality intends not to extend the agreement. Such agreement may be
terminated during the specified term provided the municipality shall
notify the commissioner eighteen months prior to such termination. If
any such agreement expires, a new agreement between the commissioner and
a municipality may be entered into for a term of up to five years, with
extended term or terms upon notification as above provided. Whenever the
commissioner shall deem the work of control of snow and ice by any
municipality to be inadequate or unsatisfactory according to the terms
of any such agreement, he or she may, by official order to be filed in
the department, and by filing a certified copy thereof in the office of
the department of state, cancel said agreement, and the payments
thereunder provided by the state shall cease; whereupon the commissioner
may carry out the work of control of snow and ice. The official order
provided in this subdivision shall become effective at the expiration of
five days after the commissioner shall mail a certified copy thereof to
the clerk or other official who performs related duties in such
municipality. The governing board or body of any such municipality is
authorized to appropriate such sum as it deems necessary to enable such
municipality to perform the terms of such agreement. The work of such
control of snow and ice may be done by any of the methods provided in
subdivision one of this section for the work of maintenance and repair,
or by a combination of such methods. Any county is hereby authorized to
enter into a contract with another municipality located within the same
county for the performance of the work of such control of snow and ice
as a subcontractor under any agreement with the commissioner as such
agreement is hereinbefore provided. Moneys received by a county under
the terms of any agreement authorized by this subdivision shall be
credited to the fund from which moneys were appropriated to enable the
county to perform the terms of such agreement. Moneys so received by a
town shall be credited to the highway fund. Moneys so received by a city
or village shall be credited to the general fund.

2-a. (a) Except as provided hereafter the state shall indemnify and
hold harmless such municipalities for any and all liability for damages
for personal injury, injury to property or wrongful death for losses
arising from or occasioned by the manner of performance of the functions
under any agreement with a municipality for the control of snow and ice
pursuant to this section.

(b) In no event shall the state be obligated to defend or indemnify
such municipality, in any action, proceeding, claim or demand arising
out of the actual operation of an insured vehicle or vehicle subject to
self-insurance while engaged in the operation of snow and ice control
functions under such agreement.

(c) The municipality shall be entitled to representation by the
attorney general in any claim described in paragraph (a) of this
subdivision, provided, however, that the municipality shall be entitled
to itself defend any such action, proceeding, claim or demand whenever
the attorney general determines, based upon his investigation and review
of the facts and circumstances of the case that representation by the
attorney general would be inappropriate, or whenever a court of
competent jurisdiction determines that a conflict of interest exists and
that the municipality is entitled to be separately represented. Whenever
the municipality is entitled to defend the action itself, the state
shall reimburse the municipality for any and all costs and expenses,
including, but not limited to, counsel fees and disbursements.

(d) The state shall indemnify and save harmless such municipality in
the amount of any judgment obtained against such municipality in any
state or federal court on any claim described in paragraph (a) of this
subdivision, or in the amount of any settlement of such claim, or shall
pay such judgment or settlement; provided, however, that the act or
omission from which such judgment or settlement arose occurred while the
municipality was acting within the scope of its functions for control of
snow and ice; provided, further, that no stipulation of settlement of
any such action, proceeding, claim or demand shall be made or executed
without approval of the attorney general and of the commissioner or his
designee. Payment of any claim made pursuant to settlement shall not
exceed the sum of fifty thousand dollars. Nothing herein shall authorize
the state to indemnify or save harmless with respect to punitive or
exemplary damages.

(e) The duty to defend or indemnify and save harmless prescribed by
this subdivision shall be conditioned upon (i) delivery to the attorney
general or an assistant attorney general at the office of the department
of law located in Albany or New York city and by delivery to the
commissioner or his designee a copy of any claim, summons, complaint,
process, notice, demand or other pleading within ten days after such
municipality is served with such document and (ii) the full cooperation
of the municipality in the defense of such action, proceeding, claim or
demand and in the defense of any action, proceeding, claim or demand
against the state based upon the same act or omission, and in the
prosecution of any appeal.

(f) The benefits of this subdivision shall inure only to such
municipalities and shall not enlarge or diminish the rights of any other
party nor shall any provision of this subdivision be construed to
effect, alter or repeal any provision of the workers' compensation law.

(g) This subdivision shall not in any way affect the obligation of any
claimant to give notice to the state under section ten of the court of
claims act or any other provision of law.

(h) The provisions of this subdivision shall not be construed to
impair, alter, limit or modify the rights and obligations of any insurer
under any insurance agreement.

(i) Except as otherwise specifically provided in this subdivision, the
provisions of this subdivision shall not be construed in any way to
impair, alter, limit, modify, abrogate or restrict any immunity
available to or conferred upon any unit, entity, officer or employee of
the state or municipality or any other level of government, or any right
to defense and indemnification provided for any governmental officer or
employee by, in accordance with, or by reason of, any other provision of
state or federal statutory or common law.

3. The commissioner shall have the power to purchase (a) materials for
such maintenance and repair, except where such work is done by contract,
and to contract for the delivery thereof at convenient intervals along
such highways, and (b) equipment and appliances that he may deem
necessary to carry out the provisions of this section. Any municipality,
acting by and through its authorized official, is hereby empowered to
rent its machinery, tools, equipment, and storage space, to the state,
acting by and through the commissioner, for the purpose of such control
of snow and ice upon such terms and at such rate as may be agreed
between the municipality and the commissioner. Notwithstanding the
provisions of any general, special or local law or of any charter, the
governing board or body of any such municipality is hereby authorized to
sell such machinery, tools and equipment to the state, acting by and
through the commissioner, for the purposes of this section and without
competitive bidding or other limitation or restriction provided in any
general, special or local law or of any charter, and the commissioner,
may, upon approval by the state comptroller and the state commissioner
of general services, purchase such machinery, tools and equipment from
any such municipality as herein provided.

4. Whenever funds therefor are made available, the commissioner shall
have power to acquire for the state, by purchase, or by appropriation
through the procedure described in section thirty of this chapter,
property for the purpose of storing, maintaining or processing
construction and maintenance supplies, material or equipment and for the
purpose of providing, erecting and maintaining offices for department
personnel and structures for storing, maintaining or processing
construction and maintenance materials or equipment.

5. Whenever a state highway has been constructed at a greater width
than that provided in the original plans, upon petition of a village, as
provided in sections forty-six and forty-seven of this chapter, or upon
petition of a town or county, as provided in sections forty-eight,
forty-nine, or fifty-nine of this chapter, or whenever such highway has
been widened by a town or county under a permit granted as provided in,
or under conditions and regulations prescribed pursuant to section
fifty-two of this chapter, the additional width of pavement shall be
deemed to be a part of the highway and shall be maintained by the
commissioner as provided herein, but in no case where any such highway
has been widened as provided above, shall the state be responsible for
the maintenance of any curb or of any paved gutter or paved shoulder,
provided, however, that on any highway maintained by the state the
commissioner shall have authority to clean any pavement or paved gutter
or repair any unpaved shoulder or unpaved gutter outside of the pavement
maintained by the state, where necessary for the protection of such
pavement.

6. Whenever the head of any state department having jurisdiction or
control over lands owned and occupied by the state, requests the
commissioner to maintain and to repair any road and driveway which is
located on, over and across such lands, the commissioner is,
notwithstanding the provisions of any general, special or local law,
authorized to grant such request by his official order therefor. Such
official order shall contain a general description of any such road and
driveway. A certified copy of such official order shall be filed by the
commissioner in the office of (a) the state department having
jurisdiction or control over such lands, and (b) the department of audit
and control. Thereupon any such road and driveway shall be maintained
and repaired under the direct supervision and control of the
commissioner in the same manner as is provided in this section for the
maintenance and repair of improved state highways in towns and in
incorporated villages.

7. Whenever the head of any state department, agency, institution or
public benefit corporation having jurisdiction or control over the lands
owned and occupied by the state or such department, agency, institution
or public benefit corporation requests the commissioner to construct,
reconstruct, and/or maintain any loop or peripheral roadway which is or
is to be located on, around, over, or across such lands, notwithstanding
the provisions of any general, special or local law, the commissioner is
authorized to grant such request and undertake such construction,
reconstruction and/or maintenance. Before undertaking the work of
construction, reconstruction and/or maintenance of such roadways, the
commissioner and the head of the state department, agency, institution
or public benefit corporation shall enter into a written agreement,
subject to the approval of the director of the budget, providing the
funds therefor, or reimbursement by such state department, agency,
institution or public benefit corporation of the funds therefor,
including all costs incurred by the department in connection with such
construction, reconstruction and/or maintenance. Where such loop or
peripheral roadway is to be constructed, reconstructed and/or maintained
on lands occupied by either the state university of New York or the
state university construction fund, both the state university of New
York and the state university construction fund shall be parties to such
agreement. Such roadway shall be constructed, or reconstructed, to
mutually agreeable standards, in the same manner as state highways are
constructed or reconstructed pursuant to this chapter. The maintenance
of such roadway shall be in the same manner as provided for state
highways in this chapter. If such a maintenance agreement extends for a
period greater than one year, the funds shall be made available for, or
reimbursed, on an annual basis. The head of such state department,
agency, institution or public benefit corporation may terminate such
maintenance agreement upon six months written notice to the commissioner
making provision for the department to be reimbursed for all costs
incurred by such department up to such termination date. In connection
with the maintenance of such a roadway the commissioner shall cause an
official order to be issued therefor. Such official order shall contain
a general description of such roadway. A certified copy of such official
order shall be filed by the commissioner in the office of the head of
the state department, agency, institution or public benefit corporation
making such request for maintenance and with the department of audit and
control.