N.Y. TRA Law § 235

§ 235. Approval of projects. 1. Rail preservation or local street or\nhighway projects shall be undertaken pursuant to this article only with\nthe approval of the commissioner, and in the case of municipal projects\nfor rail preservation, or local street or highway projects, pursuant to\nan approved contract for state assistance.\n 2. In reviewing rail preservation projects, the commissioner shall\ngive due consideration to:\n a. the urgency of the need for preserving or improving commuter and\nintercity rail passenger and rail freight services;\n b. the age and condition of the railroad capital facilities to be\nacquired, reconstructed or improved by the project;\n c. the economic feasibility of maintaining or improving commuter and\nintercity rail passenger or rail freight services in relation to the\nproject; and\n d. whether the project is part of, or consistent with, the statewide\ncomprehensive master plan for transportation.\n 3. In reviewing local street or highway projects, the commissioner\nshall give due consideration to:\n a. the urgency of the need for preservation and improving the local\nstreet, highway or bridge in order to make it more energy efficient,\nsafer and economical to maintain and operate; and\n b. whether the project is part of, or consistent with, the statewide\ncomprehensive master plan for transportation.\n 4. With respect to any municipal rail preservation project, or a local\nstreet or highway project, the state may finance the total cost thereof\nor such lesser amount as may be set forth in the appropriation or as may\nbe established by the legislature by legislative act or by the the\ncommissioner pursuant to contract. In the event no local share is\nspecified in the appropriation of funds for the local street or highway\nprojects or by another act of the legislature, then the local share\nshall be determined by the commissioner on the same basis and criteria\nutilized for the safer off system road program.\n