§ 93. Capital projects fund. 1. The fund, heretofore created and known
and designated as the post-war reconstruction fund, is hereby continued,
and shall be hereafter known as the capital projects fund and classified
by the comptroller within the capital projects funds fund type. Such
fund shall consist of all moneys collected therefor, or credited or
transferred thereto from any other fund or source, pursuant to law.

2. Expenditures pursuant to appropriations may be made from the
capital projects fund for construction, reconstruction and improvements,
including the acquisition of land, for the acquisition or replacement of
equipment, for the preparation and review of plans and specifications
including engineering and other services, field surveys and sub-surface
investigations incidental thereto, and for the payment by the state, as
an advance, of the part or share of the cost of any project, improvement
or work heretofore or hereafter authorized by an appropriation act. The
state comptroller is hereby authorized to accept and receive amounts of
money equal to the amounts of money expended by the state pursuant to
any such advance from any other capital projects fund appropriation and
to deposit the same to the credit of the capital projects fund or, in
the event the capital projects fund expenditure has been reimbursed from
the proceeds of the sale of state bonds, to the credit of the state fund
or subfund providing such initial reimbursement of the capital projects
fund so that the state shall be reimbursed for any and all such advances
for state capital projects including highways, parkways, grade crossing
elimination and rail preservation projects; outdoor recreation and
environmental conservation projects; and buildings and other capital
facilities required by state departments and agencies. Grants to local
governments appropriated from bond proceeds shall also be considered
capital projects appropriations for the purpose of this section.

3. Notwithstanding the provisions of any general or special law, no
part of any capital projects fund appropriation shall be available until
a certificate of approval of availability for so much as shall be
necessary to accomplish the purposes designated by the appropriations
shall have been issued by the director of the budget, and a copy of such
certificate of approval filed with the state comptroller, the chairman
of the senate finance committee and the chairman of the assembly ways
and means committee. Such certificate may be amended by the director of
the budget in the same manner as originally authorized. Moneys so
approved shall be paid on the audit and warrant of the state comptroller
on vouchers approved by the public officers of the respective state
departments to which such moneys are made available or as otherwise
specified in an appropriation.

4. (a) Whenever it appears to the satisfaction of the director of the
budget that: (i) a capital project for which an appropriation or
appropriations, including reappropriations, from such capital projects
fund has or have been made as part of a comprehensive construction
program to a department or agency of the state, cannot or will not be
advanced during the current fiscal year because of shortage or
unavailability of men or materials, or because plans for the project are
incomplete or require revision, or because of excessive cost, or because
of forced delay pending completion of other work, or any combination of
such reasons; and (ii) the appropriation or appropriations available
therefor accordingly will not be used for such project during such year;
a portion of such appropriation or appropriations may be transferred and
allocated, as hereinafter in this subdivision provided, to and for any
other specific capital project or projects within such program for which
an appropriation or appropriations from such fund are in force.

(b) Whenever it appears to the satisfaction of the director of the
budget that a capital project for which an appropriation or
appropriations, including reappropriations, from such capital projects
fund has or have been made as part of a comprehensive construction
program to a department or agency of the state, can be completed or
undertaken and completed, including payment of all costs chargeable
thereto, for an amount less than the total amount available from such
appropriation or appropriations, the whole or any portion of the amount
not required therefor may be transferred and allocated, as hereinafter
in this subdivision provided, to and for any other specific capital
project or projects within such program for which an appropriation or
appropriations from such fund are in force.

(c) Notwithstanding the foregoing provisions of this subdivision,
transfers and allocations of the type authorized by this subdivision may
be made by the director of the budget, subject to the further
restrictions of this subdivision, only if he determines, after receiving
and reviewing the certifications provided for by paragraph (d) of this
subdivision, that the amount appropriated for any capital project to
which the transfer and allocation is to be made is insufficient to
complete such project, and that such project is necessary and urgent.

(d) The director of the budget shall not authorize a transfer and
allocation unless and until the commissioner or other chief executive
officer of the state department, agency or corporation to which the
appropriation is provided, or the commissioner of general services with
respect to capital projects pertaining to the design, construction,
reconstruction and improvement of public buildings, immediately upon
determining the necessity for a transfer, shall submit to the director
of the budget, the chairman of the senate finance committee, and the
chairman of the assembly ways and means committee on forms and in a
manner to be prescribed by the director of the budget a statement
certifying: (i) the amount of the requested transfer and an estimate of
the timing of the disbursements and expenditures proposed to be made
pursuant to the transferred appropriation; (ii) a description of the
specific activities to be funded pursuant to the proposed transferred
appropriation; (iii) that the amount of the lowest bid received pursuant
to law with respect to, or that the amount of the final estimate for,
the construction of such a project exceeds the amount appropriated
therefor; and (iv) that the project is deemed by him to be necessary and
urgent.

(e) In the event that all of the requirements herein before in this
subdivision provided for with respect to any such transfer and
allocation have been fulfilled, the director of the budget may make and
issue a certificate of transfer and allocation of the amount of such
appropriation or appropriations to be so transferred and allocated and
the amount so specified may be transferred and allocated in accordance
with such certificate and may be expended for the capital project to
which such transfer and allocation is made except that the director of
the budget shall not authorize any transfer which would increase or
decrease the total of appropriations including reappropriations for
projects sharing the same purpose by an amount in excess of the
aggregate of twenty-five percent of the first five million dollars,
twenty percent of the second five million dollars, fifteen percent of
the third five million dollars and ten percent of any amount in excess
of fifteen million dollars, of such total amount as originally
appropriated for such purpose.

(f) The director of the budget shall file each certificate of such
transfer and allocation made by him with the state comptroller and shall
also file a copy of such certificate with the chairman of the senate
finance committee and with the chairman of the assembly ways and means
committee. Upon such filing the state comptroller shall make the
transfer provided for in such certificate and thereupon moneys shall be
available for expenditure in accordance with such transfer and
allocation.

(g) To the extent that moneys have been or will be encumbered,
expended or disbursed against any transferred appropriation prior to the
end of the fiscal year then in progress, the governor, at the time he
submits the budget bills for the following fiscal year pursuant to
section twenty-four of this chapter, shall also submit a budget bill
proposing conforming amendments to the previous appropriations bills
involved by bracketing the original appropriation amount and by
underscoring the new appropriation amount.

5. When, in any act, an appropriation or reappropriation is made from
such capital projects fund to any state department or agency or to a
city having a population of one million or more or to a public authority
owning or operating mass transportation facilities in three or more
counties wholly contained in such a city or to a subsidiary of such an
authority, for the payment of all or part of the cost of acquisition of
omnibuses to be operated by such an authority in such a city no part of
such appropriation shall be available for expenditure therefrom until a
written agreement is entered into by the department, agency, city or
public authority with the director of the budget providing in addition
to such other terms and conditions as may be required that a
proportionate amount of the total of such moneys shall be made available
and expended for the acquisition of omnibuses for each of the
established operating depots within the authority in an amount which is
at least equal to ninety per cent of the proportion resulting from the
annual number of miles traveled, multiplied by the annual number of
passengers carried by the omnibuses assigned to the operating depot
compared to the sum of the products of such factors for all operating
depots within the authority to be determined by the nearest preceding
year for which such totals have been ascertained. For the purposes of
computing the percentages provided in this subdivision, in any county in
which only one depot existed on January first, nineteen hundred
seventy-six, any additional depot or depots established after such date
shall be deemed to be part of such one depot. In addition, eighty per
cent of the omnibuses so acquired shall remain assigned to the original
county of assignment for a period of at least five years from the date
of acquisition. The provisions of this subdivision shall be controlling
and shall supersede any inconsistent provision of this section or
chapter or other law, schedule or agreement.