§ 88-b. Suburban transportation fund. 1. There is hereby established\nin the joint custody of the commissioner of taxation and finance and the\ncomptroller a fund to be known as the "suburban transportation fund".\n 2. The suburban transportation fund shall consist of moneys from the\ncommuter railroad account of the metropolitan transportation authority\nspecial assistance fund required to be paid by such authority to the\nsuburban transportation fund pursuant to subdivision three of section\ntwelve hundred seventy-a of the public authorities law and any moneys\nfrom the metropolitan transportation authority Dutchess, Orange and\nRockland fund transferred pursuant to subdivision four of section twelve\nhundred seventy-a of the public authorities law.\n 3. Moneys in the suburban transportation fund shall be kept separate\nfrom and shall not be commingled with any other moneys in the custody of\nthe commissioner of taxation and finance and the comptroller. All\ndeposits of such money shall, if required by the comptroller, be secured\nby obligations of the United States or of the state of market value\nequal at all times to the amount of the deposit and all banks and trust\ncompanies are authorized to give such securities for such deposits.\n 4. Moneys of the fund shall be made available for financing any of the\nfollowing types of capital projects within the counties comprising the\nmetropolitan commuter transportation district, except those counties\ncomprising the city of New York, but only to the extent that such\nprojects are on an adopted transportation plan and approved by a\ndesignated transportation coordinating committee, if one exists, or by\nthe metropolitan planning organization as created pursuant to section\nfifteen-a of the transportation law if no designated transportation\ncoordinating committee exists: capacity and infrastructure improvements\nto state, county, town, city, village roads, highways, parkways and\nbridges; or state, county, town, city or village mass transportation\nprojects; provided, however, that in Nassau and Suffolk counties such\nmoneys shall be available only for capacity improvements to state roads,\nhighways, parkways and bridges. The amount of state funds historically\nappropriated statewide, other than bond funds, for transportation\ncapital purposes from other sources shall not be reduced because of the\navailability of such moneys made available pursuant to this chapter, nor\nshall such moneys be used to match federal aid. Prior to the allocation\nof state advance funds appropriated pursuant to this section, the\nmunicipality 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 state advance funds, and\nthat such moneys shall not be used to match federal aid.\n The designated transportation coordinating committee, if one exists,\nor the metropolitan planning organization if no designated\ntransportation coordinating committee exists, shall notify the\nmunicipalities within its jurisdiction of which projects it has\napproved.\n 5. In the event that any county withdraws from the metropolitan\ncommuter transportation district, the withdrawing county shall pay to\nthe state comptroller any amount that is required so that the state is\nfully reimbursed for funds advanced in anticipation of reimbursement\nfrom the suburban transportation fund. In the event that any withdrawing\ncounty shall fail to make a payment pursuant to this subdivision, the\nstate comptroller shall withhold and pay to the capital projects fund an\namount equal to the amount owed from the next general or specific state\naid payment and scheduled to be paid to that county.\n 6. Moneys in the suburban transportation fund transferred pursuant to\nsection twelve hundred seventy-a of the public authorities law shall be\nmade available to
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