N.Y. Transportation Law § 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:
1. (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;
2. (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;
3. (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;
4. (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:
  1. (i) the project has a service life of ten or more years;
  2. (ii) program funds are not to be used for the mandated non-federal share of federally funded projects;
  3. (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
  4. (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
5. (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.