§ 14-k. Multi-modal program. 1. There is hereby established the
"multi-modal program". The commissioner is hereby authorized to enter
into a contract, lease or agreement with the New York state thruway
authority for the financing by such authority of the multi-modal program
as authorized by law.

2. Program funds shall be provided pursuant to annual appropriation or
pursuant to authorization by the legislature for capital projects.

3. The commissioner is hereby vested with the authority and
responsibility to approve funding for projects authorized in subdivision
four of this section. The funding of projects will be made upon
application, in a format prescribed by the commissioner, by the project
sponsor for funding of prior expenditures.

4. Multi-modal projects shall be limited to:

(a) project costs for construction, reconstruction, improvement,
reconditioning and preservation of rail freight facilities and for the
project costs of intercity rail passenger facilities and equipment where
the service life of the project is at least ten years. Funding of
project expenditures for an approved project shall require certification
by the project sponsor to the department that the project has a service
life of ten or more years. Such certification shall include any such
information as may be necessary to maintain, if applicable, the federal
tax exempt status of bonds, notes or other obligations issued by the New
York state thruway authority for such purposes. The commissioner shall
request the project sponsors to furnish such information in writing as
may be necessary;

(b) project costs for construction, reconstruction, improvement,
reconditioning and preservation of state, municipal, or privately owned
ports where the service life of the project is at least ten years.
Funding of project expenditures for an approved project shall require
certification by the project sponsor to the department that the project
has a service life of ten or more years. Such certification shall
include any such information as may be necessary to maintain, if
applicable, the federal tax exempt status of bonds, notes or other
obligations issued by the New York state thruway authority for such
purposes. The commissioner shall request the project sponsors to furnish
such information in writing as may be necessary;

(c) project costs of construction, reconstruction, improvement,
reconditioning and preservation of municipal airports, privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality,
for which federal funding is not available provided the project is
consistent with an approved airport layout plan, where the service life
of the project is at least ten years. Funding of project expenditures
for an approved project shall require certification that the project has
a service life of ten or more years. Such certification shall include
any such information as may be necessary to maintain, if applicable, the
federal tax exempt status of bonds, notes or other obligations issued by
the New York state thruway authority for such purposes. The commissioner
shall request the project sponsors to furnish such information in
writing as may be necessary;

(d) project costs of construction, reconstruction, enhancement,
improvement, replacement, reconditioning, restoration, rehabilitation
and preservation of state, county, town, city and village roads,
highways, parkways and bridges where the service life of the project is
at least ten years. Funding of project expenditures for an approved
project shall require certification from the project sponsor that:

(i) the project has a service life of ten or more years;

(ii) program funds are not to be used for the mandated non-federal
share of federally funded projects;

(iii) the amount of funds requested is no greater than prior
unreimbursed municipal project expenditures for work completed or
materials incorporated in qualifying projects; and

(iv) the amount of municipal funds appropriated for transportation
capital projects by municipalities shall not be reduced because of the
availability of these funds.

The commissioner shall request the project sponsors to furnish such
information in writing as may be necessary. For the purposes of this
section, the Chautauqua, Cattaraugus, Allegany and Steuben southern tier
extension railroad authority shall be an authorized project sponsor.

By written agreement between them, a county may act for one or more
cities, towns or villages in the implementation of projects eligible for
funding pursuant to this paragraph. A copy of such agreement shall be
filed with the commissioner; and

(e) project costs for construction, reconstruction, improvement,
reconditioning and preservation of fixed ferry facilities of municipal
and privately owned ferry lines for transportation purposes, where the
service life of the project is at least ten years. Funding of the
project expenditures for an approved project shall require certification
by the project sponsor to the department that the project has a service
life of ten or more years. Such certification shall include any such
information as may be necessary to maintain, if applicable, the federal
tax exempt status of bonds, notes or other obligations issued by the New
York state thruway authority for such purposes. The commissioner shall
request the project sponsors to furnish such information in writing as
may be necessary.