2023 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.