NY State Fin L § 93 (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 93 - Capital Projects Fund.

§ 93. Capital projects fund. 1. The fund, heretofore created and known and designated as the post-war reconstruction fund, is hereby continued, and shall be hereafter known as the capital projects fund and classified by  the  comptroller  within  the capital projects funds fund type. Such fund shall consist of all moneys  collected  therefor,  or  credited  or transferred thereto from any other fund or source, pursuant to law.   2.  Expenditures  pursuant  to  appropriations  may  be  made from the capital projects fund for construction, reconstruction and improvements, including the acquisition of land, for the acquisition or replacement of equipment, for the preparation and review of  plans  and  specifications including  engineering and other services, field surveys and sub-surface investigations incidental thereto, and for the payment by the state,  as an advance, of the part or share of the cost of any project, improvement or  work heretofore or hereafter authorized by an appropriation act. The state comptroller is hereby authorized to accept and receive amounts  of money  equal  to  the amounts of money expended by the state pursuant to any such advance from any other capital projects fund appropriation  and to  deposit  the  same to the credit of the capital projects fund or, in the event the capital projects fund expenditure has been reimbursed from the proceeds of the sale of state bonds, to the credit of the state fund or subfund providing such initial reimbursement of the capital  projects fund so that the state shall be reimbursed for any and all such advances for  state capital projects including highways, parkways, grade crossing elimination and  rail  preservation  projects;  outdoor  recreation  and environmental  conservation  projects;  and  buildings and other capital facilities required by state departments and agencies. Grants  to  local governments  appropriated  from  bond  proceeds shall also be considered capital projects appropriations for the purpose of this section.   3. Notwithstanding the provisions of any general or  special  law,  no part of any capital projects fund appropriation shall be available until a  certificate  of  approval  of  availability  for  so much as shall be necessary to accomplish the purposes designated  by  the  appropriations shall have been issued by the director of the budget, and a copy of such certificate  of  approval filed with the state comptroller, the chairman of the senate finance committee and the chairman of  the  assembly  ways and  means committee. Such certificate may be amended by the director of the budget in the  same  manner  as  originally  authorized.  Moneys  so approved shall be paid on the audit and warrant of the state comptroller on  vouchers  approved  by  the  public officers of the respective state departments to which such moneys are  made  available  or  as  otherwise specified in an appropriation.   4.  (a) Whenever it appears to the satisfaction of the director of the budget that: (i)  a  capital  project  for  which  an  appropriation  or appropriations,  including  reappropriations, from such capital projects fund has or have been made  as  part  of  a  comprehensive  construction program  to  a  department or agency of the state, cannot or will not be advanced  during  the  current  fiscal  year  because  of  shortage   or unavailability of men or materials, or because plans for the project are incomplete or require revision, or because of excessive cost, or because of  forced delay pending completion of other work, or any combination of such reasons; and (ii) the  appropriation  or  appropriations  available therefor accordingly will not be used for such project during such year; a portion of such appropriation or appropriations may be transferred and allocated,  as  hereinafter in this subdivision provided, to and for any other specific capital project or projects within such program for which an appropriation or appropriations from such fund are in force.  (b) Whenever it appears to the satisfaction of  the  director  of  the budget   that   a   capital   project  for  which  an  appropriation  or  appropriations, including reappropriations, from such  capital  projects fund  has  or  have  been  made  as part of a comprehensive construction program to a department or agency of the  state,  can  be  completed  or undertaken  and  completed,  including  payment  of all costs chargeable thereto, for an amount less than the total amount  available  from  such appropriation  or appropriations, the whole or any portion of the amount not required therefor may be transferred and allocated,  as  hereinafter in  this  subdivision  provided,  to  and for any other specific capital project or projects within such program for which  an  appropriation  or appropriations from such fund are in force.  (c)  Notwithstanding  the  foregoing  provisions  of this subdivision, transfers and allocations of the type authorized by this subdivision may be  made  by  the  director  of  the  budget,  subject  to  the  further restrictions of this subdivision, only if he determines, after receiving and  reviewing  the certifications provided for by paragraph (d) of this subdivision, that the amount appropriated for  any  capital  project  to which  the  transfer  and  allocation  is  to be made is insufficient to complete such project, and that such project is necessary and urgent.  (d) The director of the budget shall  not  authorize  a  transfer  and allocation  unless  and  until the commissioner or other chief executive officer of the state department, agency  or  corporation  to  which  the appropriation  is provided, or the commissioner of general services with respect to capital projects  pertaining  to  the  design,  construction, reconstruction  and  improvement  of  public buildings, immediately upon determining the necessity for a transfer, shall submit to  the  director of  the  budget,  the  chairman of the senate finance committee, and the chairman of the assembly ways and means committee  on  forms  and  in  a manner  to  be  prescribed  by  the  director  of the budget a statement certifying: (i) the amount of the requested transfer and an estimate  of the  timing  of  the  disbursements and expenditures proposed to be made pursuant to the transferred appropriation; (ii)  a  description  of  the specific  activities  to  be funded pursuant to the proposed transferred appropriation; (iii) that the amount of the lowest bid received pursuant to law with respect to, or that the amount of the  final  estimate  for, the  construction  of  such  a  project  exceeds the amount appropriated therefor; and (iv) that the project is deemed by him to be necessary and urgent.  (e) In the event that all of the requirements herein  before  in  this subdivision   provided  for  with  respect  to  any  such  transfer  and allocation have been fulfilled, the director of the budget may make  and issue  a  certificate  of  transfer and allocation of the amount of such appropriation or appropriations to be so transferred and  allocated  and the  amount  so specified may be transferred and allocated in accordance with such certificate and may be expended for  the  capital  project  to which  such  transfer and allocation is made except that the director of the budget shall not authorize any  transfer  which  would  increase  or decrease  the  total  of  appropriations  including reappropriations for projects sharing the  same  purpose  by  an  amount  in  excess  of  the aggregate  of  twenty-five  percent  of  the first five million dollars, twenty percent of the second five million dollars,  fifteen  percent  of the  third  five million dollars and ten percent of any amount in excess of  fifteen  million  dollars,  of  such  total  amount  as   originally appropriated for such purpose.  (f)  The  director  of  the budget shall file each certificate of such transfer and allocation made by him with the state comptroller and shall also file a copy of such certificate with the  chairman  of  the  senate finance  committee  and with the chairman of the assembly ways and means committee. Upon  such  filing  the  state  comptroller  shall  make  the  transfer  provided for in such certificate and thereupon moneys shall be available  for  expenditure  in  accordance  with  such   transfer   and allocation.  (g)  To  the  extent  that  moneys  have  been  or will be encumbered, expended or disbursed against any transferred appropriation prior to the end of the fiscal year then in progress, the governor, at  the  time  he submits  the  budget  bills  for  the  following fiscal year pursuant to section twenty-four of this chapter, shall also  submit  a  budget  bill proposing  conforming  amendments  to  the previous appropriations bills involved  by  bracketing  the  original  appropriation  amount  and   by underscoring the new appropriation amount.   5.  When, in any act, an appropriation or reappropriation is made from such capital projects fund to any state department or  agency  or  to  a city having a population of one million or more or to a public authority owning  or  operating  mass  transportation  facilities in three or more counties wholly contained in such a city or to a subsidiary of  such  an authority,  for the payment of all or part of the cost of acquisition of omnibuses to be operated by such an authority in such a city no part  of such  appropriation shall be available for expenditure therefrom until a written agreement is entered into by the  department,  agency,  city  or public  authority  with the director of the budget providing in addition to  such  other  terms  and  conditions  as  may  be  required  that   a proportionate amount of the total of such moneys shall be made available and   expended  for  the  acquisition  of  omnibuses  for  each  of  the established operating depots within the authority in an amount which  is at  least  equal to ninety per cent of the proportion resulting from the annual number of miles traveled, multiplied  by  the  annual  number  of passengers  carried  by  the  omnibuses  assigned to the operating depot compared to the sum of the products of such factors  for  all  operating depots  within  the  authority to be determined by the nearest preceding year for which such totals have been ascertained. For  the  purposes  of computing the percentages provided in this subdivision, in any county in which  only  one  depot  existed  on  January  first,  nineteen  hundred seventy-six, any additional depot or depots established after such  date shall  be  deemed  to be part of such one depot. In addition, eighty per cent of the omnibuses so acquired shall remain assigned to the  original county  of  assignment for a period of at least five years from the date of acquisition. The provisions of this subdivision shall be  controlling and  shall  supersede  any  inconsistent  provision  of  this section or chapter or other law, schedule or agreement.