§ 10-G — Hudson Valley suburban highway improvement program

§ 10-g. Hudson Valley suburban highway improvement program. 1. There\nis hereby established the "Hudson Valley suburban highway improvement\nprogram".\n 2. The program shall provide ninety million dollars to be made\navailable as follows:\nState Fiscal Year 1993-1994 $22.5 million\nState Fiscal Year 1994-1995 $22.5 million\nState Fiscal Year 1995-1996 $22.5 million\nState Fiscal Year 1996-1997 $22.5 million\n Such ninety million dollars shall be provided pursuant to annual\nappropriations from the dedicated highway and bridge trust fund or\npursuant to authorization by the legislature for capital projects.\n 3. Program funds shall be made available for financing any of the\nfollowing types of capital projects within Westchester, Rockland,\nPutnam, Dutchess, Columbia, Orange and Ulster counties where the service\nlife of the project is at least ten years:\n (a) reconstruction, replacement, reconditioning, restoration,\nrehabilitation, and preservation of state, county, town, city and\nvillage roads, highways, parkways, and bridges to restore such\nfacilities to their intended functions; and\n (b) construction, reconstruction, enhancement and improvement of\nstate, county, town, city and village roads, highways, parkways and\nbridges to address current and projected capacity problems.\n The amount of state funds historically appropriated statewide for\ntransportation capital purposes from other sources shall not be reduced\nbecause of the availability of program moneys. Prior to the allocation\nof program funds for a county, town, city or village capital project,\nthe municipality responsible for the project shall certify to the\ncommissioner of transportation that the amount of funds appropriated for\ntransportation capital purposes by that municipality shall not be\nreduced because of the availability of such program funds.\n 4. It is the intention of the governor, the temporary president of the\nsenate and the speaker of the assembly to enter into a memorandum of\nunderstanding with respect to the selection of capital projects and the\nallocation of program moneys among capital projects. The minority\nleaders of the senate and assembly may also enter into the memorandum of\nunderstanding.\n 5. (a) Funding of municipal projects will be made upon the application\nfor funding of prior expenditures in a format prescribed by the\ncommissioner. Such funding of state projects may be pursuant to\nagreements between the commissioner and the New York state thruway\nauthority and may be from the proceeds of bonds, notes or other\nobligations issued pursuant to section three hundred eighty-five of the\npublic authorities law.\n (b) Funding of municipal project expenditures for an approved project\nshall require the certification of the sponsoring municipality to the\ndepartment that:\n (i) the amount of municipal funds appropriated for transportation\ncapital projects by municipalities shall not be reduced because of the\navailability of these funds, and each recipient municipality shall\ncertify annually that its own level of funding of transportation capital\nprojects, excluding funds expended for those capital projects funded\npursuant to this section, was not diminished;\n (ii) program funds will be used solely to fund actual expenditures for\nthe construction, reconstruction, replacement, reconditioning,\nrestoration, rehabilitation, preservation, enhancement and improvement\nof state and local roads, highways, parkways and bridges, including but\nnot limited to right-of-way acquisition, preliminary engineering, and\nconstruction supervision and inspection;\n (iii) the project constructed with program funds has a service life of\nten or more years;\n (iv) the amount of funds requested is no greater than prior\nunreimbursed municipal project expenditures for work completed or\nmaterials incorporated in qualifying projects; and\n (v) program funds are not to be used for the mandated non-federal\nshare of federally funded projects.\n (c) By written agreement between them, a county may act for one or\nmore cities, towns or villages in the implementation of projects\neligible for funding pursuant to this section. A copy of such agreement\nshall be filed with the commissioner in connection with the program plan\nthat includes such a project.\n