New York Transportation Code § 17

State advances to authorities for preparation of plans
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§ 17. State advances to authorities for preparation of plans.  1.\nApplication may be made to the commissioner by an authority for state\nadvances for making studies relating to and preparing preliminary plans\nand detailed plans and specifications for a project within the state\nwhich may be undertaken by such authority.  Upon approval of such\napplication by the commissioner, the commissioner shall allocate out of\nany moneys available therefor by appropriation such sum as he deems\nnecessary to pay the cost of such studies and the cost of preparing such\npreliminary plans, but in no event shall the sum allocated for the cost\nof preparing such preliminary plans exceed one per cent of the cost of\nconstruction of such project as estimated by the commissioner at the\ntime such application is approved. Any such application and allocation\nshall be subject to the approval of the director of the budget.\n  2. If such an application shall have been approved as provided in\nsubdivision one, and, if preliminary plans are or have been required and\nmoneys allocated therefor as provided in subdivision one, upon approval\nof the preliminary plans by the commissioner, an authority may proceed\nwith the preparation of detailed plans and specifications and the\ncommissioner shall thereupon allocate such sum as he deems necessary to\npay the cost of preparing such detailed plans and specifications, but in\nno event shall the total of the sum so allocated, together with the sum\nallocated for the preparation of preliminary plans, exceed four per cent\nof the cost of construction as estimated by the commissioner at the time\nsuch preliminary plans are approved. Such allocations shall be subject\nto the approval of the director of the budget.\n  3. Whenever an application for a state advance is made by an authority\npursuant to this section, the commissioner may in his discretion\nallocate out of any moneys available therefor by appropriation such\nadditional sum or sums as he may deem necessary to pay the cost of test\nborings or other extraordinary expenditures which the commissioner may\ndeem desirable. Such allocation shall be subject to the approval of the\ndirector of the budget.\n  4. Plans and specifications, or studies or test borings or other\nextraordinary expenditures for a project in connection with which an\napplication for an advance made by an authority has been approved, as\nhereinbefore provided in this section, may be prepared or undertaken by\nsuch authority or by private architectural or engineering firms selected\nby such authority.\n  5. All moneys paid to any authority pursuant to the provisions of this\nsection shall be treated as advances by the state and shall be repaid to\nthe state. If bonds or other obligations are sold by such an authority\nfor the purpose of financing the construction of such project, and if\nrepayment is not made from other moneys, such advances by the state\nshall be repaid out of the proceeds of the first bonds or other\nobligations sold by such authority; if any such project is constructed\nby such authority without the sale of bonds or other obligations, and if\nrepayment is not made from other moneys, such advances shall be repaid\nfrom the revenues of such authority derived from such project; and in\nany other case such advances shall be repaid from any other funds of the\nauthority not otherwise pledged. Upon receipt of any such moneys by the\nstate they shall be credited by the state comptroller to the post-war\nreconstruction fund.\n  6. Any unobligated balance of moneys appropriated and allocated for\nthe purposes of this section remaining at any time may be cancelled by\nthe commissioner with the approval of the director of the budget, and\nany such balances so cancelled shall be available for the purposes\ndescribed in the original appropriation from which such allocations were\nmade.\n  7. The commissioner and the director of the budget may each request\nand shall each receive fr

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