N.Y. Transportation Law § 17: State advances to authorities for preparation of plans

§ 17. State advances to authorities for preparation of plans. 1.

Application may be made to the commissioner by an authority for state

advances for making studies relating to and preparing preliminary plans

and detailed plans and specifications for a project within the state

which may be undertaken by such authority. Upon approval of such

application by the commissioner, the commissioner shall allocate out of

any moneys available therefor by appropriation such sum as he deems

necessary to pay the cost of such studies and the cost of preparing such

preliminary plans, but in no event shall the sum allocated for the cost

of preparing such preliminary plans exceed one per cent of the cost of

construction of such project as estimated by the commissioner at the

time such application is approved. Any such application and allocation

shall be subject to the approval of the director of the budget.

2. If such an application shall have been approved as provided in

subdivision one, and, if preliminary plans are or have been required and

moneys allocated therefor as provided in subdivision one, upon approval

of the preliminary plans by the commissioner, an authority may proceed

with the preparation of detailed plans and specifications and the

commissioner shall thereupon allocate such sum as he deems necessary to

pay the cost of preparing such detailed plans and specifications, but in

no event shall the total of the sum so allocated, together with the sum

allocated for the preparation of preliminary plans, exceed four per cent

of the cost of construction as estimated by the commissioner at the time

such preliminary plans are approved. Such allocations shall be subject

to the approval of the director of the budget.

3. Whenever an application for a state advance is made by an authority

pursuant to this section, the commissioner may in his discretion

allocate out of any moneys available therefor by appropriation such

additional sum or sums as he may deem necessary to pay the cost of test

borings or other extraordinary expenditures which the commissioner may

deem desirable. Such allocation shall be subject to the approval of the

director of the budget.

4. Plans and specifications, or studies or test borings or other

extraordinary expenditures for a project in connection with which an

application for an advance made by an authority has been approved, as

hereinbefore provided in this section, may be prepared or undertaken by

such authority or by private architectural or engineering firms selected

by such authority.

5. All moneys paid to any authority pursuant to the provisions of this

section shall be treated as advances by the state and shall be repaid to

the state. If bonds or other obligations are sold by such an authority

for the purpose of financing the construction of such project, and if

repayment is not made from other moneys, such advances by the state

shall be repaid out of the proceeds of the first bonds or other

obligations sold by such authority; if any such project is constructed

by such authority without the sale of bonds or other obligations, and if

repayment is not made from other moneys, such advances shall be repaid

from the revenues of such authority derived from such project; and in

any other case such advances shall be repaid from any other funds of the

authority not otherwise pledged. Upon receipt of any such moneys by the

state they shall be credited by the state comptroller to the post-war

reconstruction fund.

6. Any unobligated balance of moneys appropriated and allocated for

the purposes of this section remaining at any time may be cancelled by

the commissioner with the approval of the director of the budget, and

any such balances so cancelled shall be available for the purposes

described in the original appropriation from which such allocations were

made.

7. The commissioner and the director of the budget may each request

and shall each receive from any department, division, board, bureau,

commission or agency of the state or of any political subdivision

thereof, such assistance and data as will enable them to properly carry

out their respective activities under and effectuate the purposes of

this section. The department of taxation and finance is authorized to

accept and receive from the federal government any moneys which the

federal government shall offer to the state to assist it to carry out

any of the provisions of this section or undertakings or assistance

authorized by it.