New York State Finance Code § 93

Capital projects fund
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§ 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 satisfacti

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