§ 93 — Capital projects fund

§ 93. Capital projects fund. 1. The fund, heretofore created and known\nand designated as the post-war reconstruction fund, is hereby continued,\nand shall be hereafter known as the capital projects fund and classified\nby the comptroller within the capital projects funds fund type. Such\nfund shall consist of all moneys collected therefor, or credited or\ntransferred thereto from any other fund or source, pursuant to law.\n 2. Expenditures pursuant to appropriations may be made from the\ncapital projects fund for construction, reconstruction and improvements,\nincluding the acquisition of land, for the acquisition or replacement of\nequipment, for the preparation and review of plans and specifications\nincluding engineering and other services, field surveys and sub-surface\ninvestigations incidental thereto, and for the payment by the state, as\nan advance, of the part or share of the cost of any project, improvement\nor work heretofore or hereafter authorized by an appropriation act. The\nstate comptroller is hereby authorized to accept and receive amounts of\nmoney equal to the amounts of money expended by the state pursuant to\nany such advance from any other capital projects fund appropriation and\nto deposit the same to the credit of the capital projects fund or, in\nthe event the capital projects fund expenditure has been reimbursed from\nthe proceeds of the sale of state bonds, to the credit of the state fund\nor subfund providing such initial reimbursement of the capital projects\nfund so that the state shall be reimbursed for any and all such advances\nfor state capital projects including highways, parkways, grade crossing\nelimination and rail preservation projects; outdoor recreation and\nenvironmental conservation projects; and buildings and other capital\nfacilities required by state departments and agencies. Grants to local\ngovernments appropriated from bond proceeds shall also be considered\ncapital projects appropriations for the purpose of this section.\n 3. Notwithstanding the provisions of any general or special law, no\npart of any capital projects fund appropriation shall be available until\na certificate of approval of availability for so much as shall be\nnecessary to accomplish the purposes designated by the appropriations\nshall have been issued by the director of the budget, and a copy of such\ncertificate of approval filed with the state comptroller, the chairman\nof the senate finance committee and the chairman of the assembly ways\nand means committee. Such certificate may be amended by the director of\nthe budget in the same manner as originally authorized. Moneys so\napproved shall be paid on the audit and warrant of the state comptroller\non vouchers approved by the public officers of the respective state\ndepartments to which such moneys are made available or as otherwise\nspecified in an appropriation.\n 4. (a) Whenever it appears to the satisfaction of the director of the\nbudget that: (i) a capital project for which an appropriation or\nappropriations, including reappropriations, from such capital projects\nfund has or have been made as part of a comprehensive construction\nprogram to a department or agency of the state, cannot or will not be\nadvanced during the current fiscal year because of shortage or\nunavailability of men or materials, or because plans for the project are\nincomplete or require revision, or because of excessive cost, or because\nof forced delay pending completion of other work, or any combination of\nsuch reasons; and (ii) the appropriation or appropriations available\ntherefor accordingly will not be used for such project during such year;\na portion of such appropriation or appropriations may be transferred and\nallocated, as hereinafter in this subdivision provided, to and for any\nother specific capital project or projects within such program for which\nan appropriation or appropriations from such fund are in force.\n (b) Whenever it appears to the satisfaction of the director of the\nbudget that a capital project for which an appropriation or\nappropriations, including reappropriations, from such capital projects\nfund has or have been made as part of a comprehensive construction\nprogram to a department or agency of the state, can be completed or\nundertaken and completed, including payment of all costs chargeable\nthereto, for an amount less than the total amount available from such\nappropriation or appropriations, the whole or any portion of the amount\nnot required therefor may be transferred and allocated, as hereinafter\nin this subdivision provided, to and for any other specific capital\nproject or projects within such program for which an appropriation or\nappropriations from such fund are in force.\n (c) Notwithstanding the foregoing provisions of this subdivision,\ntransfers and allocations of the type authorized by this subdivision may\nbe made by the director of the budget, subject to the further\nrestrictions of this subdivision, only if he determines, after receiving\nand reviewing the certifications provided for by paragraph (d) of this\nsubdivision, that the amount appropriated for any capital project to\nwhich the transfer and allocation is to be made is insufficient to\ncomplete such project, and that such project is necessary and urgent.\n (d) The director of the budget shall not authorize a transfer and\nallocation unless and until the commissioner or other chief executive\nofficer of the state department, agency or corporation to which the\nappropriation is provided, or the commissioner of general services with\nrespect to capital projects pertaining to the design, construction,\nreconstruction and improvement of public buildings, immediately upon\ndetermining the necessity for a transfer, shall submit to the director\nof the budget, the chairman of the senate finance committee, and the\nchairman of the assembly ways and means committee on forms and in a\nmanner to be prescribed by the director of the budget a statement\ncertifying: (i) the amount of the requested transfer and an estimate of\nthe timing of the disbursements and expenditures proposed to be made\npursuant to the transferred appropriation; (ii) a description of the\nspecific activities to be funded pursuant to the proposed transferred\nappropriation; (iii) that the amount of the lowest bid received pursuant\nto law with respect to, or that the amount of the final estimate for,\nthe construction of such a project exceeds the amount appropriated\ntherefor; and (iv) that the project is deemed by him to be necessary and\nurgent.\n (e) In the event that all of the requirements herein before in this\nsubdivision provided for with respect to any such transfer and\nallocation have been fulfilled, the director of the budget may make and\nissue a certificate of transfer and allocation of the amount of such\nappropriation or appropriations to be so transferred and allocated and\nthe amount so specified may be transferred and allocated in accordance\nwith such certificate and may be expended for the capital project to\nwhich such transfer and allocation is made except that the director of\nthe budget shall not authorize any transfer which would increase or\ndecrease the total of appropriations including reappropriations for\nprojects sharing the same purpose by an amount in excess of the\naggregate of twenty-five percent of the first five million dollars,\ntwenty percent of the second five million dollars, fifteen percent of\nthe third five million dollars and ten percent of any amount in excess\nof fifteen million dollars, of such total amount as originally\nappropriated for such purpose.\n (f) The director of the budget shall file each certificate of such\ntransfer and allocation made by him with the state comptroller and shall\nalso file a copy of such certificate with the chairman of the senate\nfinance committee and with the chairman of the assembly ways and means\ncommittee. Upon such filing the state comptroller shall make the\ntransfer provided for in such certificate and thereupon moneys shall be\navailable for expenditure in accordance with such transfer and\nallocation.\n (g) To the extent that moneys have been or will be encumbered,\nexpended or disbursed against any transferred appropriation prior to the\nend of the fiscal year then in progress, the governor, at the time he\nsubmits the budget bills for the following fiscal year pursuant to\nsection twenty-four of this chapter, shall also submit a budget bill\nproposing conforming amendments to the previous appropriations bills\ninvolved by bracketing the original appropriation amount and by\nunderscoring the new appropriation amount.\n 5. When, in any act, an appropriation or reappropriation is made from\nsuch capital projects fund to any state department or agency or to a\ncity having a population of one million or more or to a public authority\nowning or operating mass transportation facilities in three or more\ncounties wholly contained in such a city or to a subsidiary of such an\nauthority, for the payment of all or part of the cost of acquisition of\nomnibuses to be operated by such an authority in such a city no part of\nsuch appropriation shall be available for expenditure therefrom until a\nwritten agreement is entered into by the department, agency, city or\npublic authority with the director of the budget providing in addition\nto such other terms and conditions as may be required that a\nproportionate amount of the total of such moneys shall be made available\nand expended for the acquisition of omnibuses for each of the\nestablished operating depots within the authority in an amount which is\nat least equal to ninety per cent of the proportion resulting from the\nannual number of miles traveled, multiplied by the annual number of\npassengers carried by the omnibuses assigned to the operating depot\ncompared to the sum of the products of such factors for all operating\ndepots within the authority to be determined by the nearest preceding\nyear for which such totals have been ascertained. For the purposes of\ncomputing the percentages provided in this subdivision, in any county in\nwhich only one depot existed on January first, nineteen hundred\nseventy-six, any additional depot or depots established after such date\nshall be deemed to be part of such one depot. In addition, eighty per\ncent of the omnibuses so acquired shall remain assigned to the original\ncounty of assignment for a period of at least five years from the date\nof acquisition. The provisions of this subdivision shall be controlling\nand shall supersede any inconsistent provision of this section or\nchapter or other law, schedule or agreement.\n