§ 421. Definitions. As used in this article, the following terms shall include and mean:

1. "Transportation infrastructure renewal project". The construction, reconstruction, improvement, reconditioning, and preservation, including the acquisition of real property and interests therein required or expected to be required in connection therewith, of:

a. state highways and bridges, state parkways and bridges, highways and bridges not on the state highway system, including the improvement and/or elimination of highway-railroad grade crossings, and commuter rail parking facilities;

b. ports, marine terminals, canals and waterways; and

c. rail rapid transit, commuter rail, omnibus systems and facilities, rail passenger facilities, rail freight facilities, and airport and aviation capital facilities.

2. "Municipality". A city or a county not wholly contained within a city, a town, village, public benefit corporation or other public corporation, or two or more of the foregoing acting jointly.

3. "Commissioner". The commissioner of transportation of the state of New York.

4. "Department". The department of transportation of the state of New York.

5. "Municipal transportation infrastructure renewal project". A transportation infrastructure renewal project undertaken by a municipality with funds provided in whole or in part by the Rebuild New York Through Transportation Infrastructure Renewal Bond Act of 1983 pursuant to an agreement between such municipality and the commissioner.

6. "Federal assistance". Funds available, other than by loan, from the federal government to a municipality, either directly or through allocation by the state, for any municipal transportation infrastructure renewal project.

7. "Municipal project cost". The actual cost of a municipal transportation infrastructure renewal project or the estimated reasonable cost thereof as determined by the commissioner, whichever is less, plus any direct incidental costs of such project approved by the state comptroller, and less any federal assistance received or to be received by the state for such project.

8. "New York state content program". Actions taken by the commissioner in concert with the commissioner of commerce, a municipality, or a contractor to encourage the participation of suppliers and contractors located within New York state, to the extent permissible under applicable federal regulations.