§ 235. Approval of projects. 1. Rail preservation or local street or
highway projects shall be undertaken pursuant to this article only with
the approval of the commissioner, and in the case of municipal projects
for rail preservation, or local street or highway projects, pursuant to
an approved contract for state assistance.

2. In reviewing rail preservation projects, the commissioner shall
give due consideration to:

a. the urgency of the need for preserving or improving commuter and
intercity rail passenger and rail freight services;

b. the age and condition of the railroad capital facilities to be
acquired, reconstructed or improved by the project;

c. the economic feasibility of maintaining or improving commuter and
intercity rail passenger or rail freight services in relation to the
project; and

d. whether the project is part of, or consistent with, the statewide
comprehensive master plan for transportation.

3. In reviewing local street or highway projects, the commissioner
shall give due consideration to:

a. the urgency of the need for preservation and improving the local
street, highway or bridge in order to make it more energy efficient,
safer and economical to maintain and operate; and

b. whether the project is part of, or consistent with, the statewide
comprehensive master plan for transportation.

4. With respect to any municipal rail preservation project, or a local
street or highway project, the state may finance the total cost thereof
or such lesser amount as may be set forth in the appropriation or as may
be established by the legislature by legislative act or by the the
commissioner pursuant to contract. In the event no local share is
specified in the appropriation of funds for the local street or highway
projects or by another act of the legislature, then the local share
shall be determined by the commissioner on the same basis and criteria
utilized for the safer off system road program.