N.Y. State Finance Law § 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.