§ 440. New York state transportation energy conservation program. 1.
As used in this article, unless a different meaning clearly appears from
the context, the term:

(a) "Applicant" shall mean any town, city, village, county and for any
project on the state highway/bridge system, the designated
transportation coordinating committee, if one exists, or the
metropolitan transportation planning organization, if no designated
transportation coordinating committee exists. In cases where no
metropolitan planning organization exists, the department may submit
applications for projects on the state highway/bridge system.

(b) "Transportation energy conservation project" shall mean an
improvement to or directly related to the use of a street, highway
and/or bridge either on or off the state highway system provided such
highway or bridge is not owned by a state authority. Such projects shall
be designed to advance energy efficiency and conservation through
improvements, including, but not limited to, capacity/spot improvements,
signing, signalization and technical innovation, and training and
technical assistance.

(c) "Program" shall mean the New York state transportation energy
conservation program.

2. (a) The department shall promulgate rules and regulations to
provide for the timely and effective implementation of the program.

(b) Such rules and regulations shall provide for application
procedures, criteria for ranking and soliciting projects and standards
to be used by the department in approving projects for funding.

(c) In promulgating such rules and regulations the department shall
ensure that:

(i) the total costs of implementing any project approved for funding
under the transportation energy conservation program will be returned in
savings in energy costs attributable to the project within a period of
not more than fifteen years, or the life of the project, whichever is
less;

(ii) any moneys used for projects from the transportation energy
conservation program are in addition to any existing funding from either
state or local sources and such sources shall not be reduced due to the
availability of moneys from such program;

(iii) no project shall receive in excess of two hundred fifty thousand
dollars from the transportation energy conservation program;

(iv) an equitable distribution of moneys from the program is made
statewide; and

(v) a report is issued, at least annually, detailing the commitment
and use of such funds.