Laws of the State of New York

CAPITAL PROJECTS

No part of the appropriation shall be made available until the commissioner of transportation has promulgated rules and regulations establishing criteria for providing assistance from this appropriation, and transmitted them to the director of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such rules and regulations shall include standards for receiving of assistance including but not limited to the number of jobs created or maintained by the transportation improvement, the maximum amount of each award and the information that must be provided by the entity requesting assistance. Prior to January first, nineteen hundred eightysix the commissioner shall submit a report on the status of the program which shall include each project funded, the amount of funding provided, and the expected impact from the project. Such report shall also include the applicants who did not receive funding, the reason for funding denial and projected future needs for the program. Copies of such report shall be submitted to the director of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

No funds shall be allocated for such purposes until the commissioner enters into an agreement, subject to the approval of the director of the budget, with any entity for the repayment of forty (40) percent of the cost of such an industrial access project within five years of the execution of the agreement. All funds repaid shall be deposited in the State Capital Projects Fund

For the costs pursuant to the provisions
of the rebuild New York through trans-
portation infrastructure renewal bond
act of 1983, of the cost of capital
projects to be reimbursed from bond fund
proceeds for the improvement of high-
ways, parkways, commuter parking facili-
ties, and other highway facilities in-
cluding bridges, other structures, and
appurtenances.

Project costs funded from this appropria-
tion may include, but shall not be lim-
ited to, preliminary planning and feasi-
bility studies; survey and design; ac-
quisition of property, construction,
reconstruction, reconditioning and pres-
ervation; the supervision and inspection
of construction; and for the cost of en-
gineering services. No expenditures
shall be made from this appropriation
for personal services and expenses other
than consulting services.
Notwithstanding any other provision of
law, the commissioner of transportation
is authorized to acquire all necessary
land not on the state highway system for
the purpose of highway projects at the
request of the
the locality under whose
jurisdiction the project is constructed

incurred

For the state share of the cost including
the payment of liabilities
prior to April one, nineteen hundred
eighty-five, for the
the acquisition of
property, the preparation of designs,
plans, specifications, and estimates in
accordance with section fourteen of the
transportation law, and the construc-
tion, reconstruction and improvement of
state parkways, including that portion
of the "Taconic State Parkway" north of
the Westchester-Putnam county line, said
parkway being under the jurisdiction of
the department of transportation and
those parkways under the jurisdiction of
the office of parks, recreation and
historic preservation.
This appropriation is in accordance with
the schedule shown below. The items
shown in the project schedule below
shall be for projects with a common pur-

pose and may be interchanged without
limitation subject to the approval of
the director of the division of the
budget. It is anticipated, that the com-
missioner of transportation will make
every effort to secure and use any fed-
eral funds which are or may become
available for the
purposes of this
appropriation. Any such funds shall be
used to reduce the estimated State's
shares of the project or projects for
which the federal funds are available.
No expenditures shall be made from this
appropriation for services and expenses
other than for the costs of consulting
services in accordance with section

For payment of the state share of the cost
of the preparation of designs, plans,
specifications, and estimates, for the
acquisition of real property and for the
construction, reconstruction, or other
improvements of special parkways as
designated in subdivision two of section
seventy of the transportation law in ac-
cordance with subdivision five of sec-
tion ninety-two-k of the state finance
law. This appropriation or SO much
thereof as may be necessary, shall be
available upon the issuance of a certif-
icate of approval of availability by the
director of the budget for transfer,
notwithstanding any inconsistent provi-
sions of the law, to the "special park-
way rehabilitation fund".
For the payment subject to the approval of
the director of the budget of private
engineers, architects, and consultants
or firms practicing such profession in
accordance with section fourteen of the
transportation law (17078547)

RAILROAD CROSSING ALTERATIONS (CCP)

.......

3,000,000

CAPITAL PROJECTS

Capital Projects Fund

Railroad Crossing Alteration Purpose

For payment of the state share of the cost
of the acquisition of property, and the
reconstruction or removal of existing
highway-railroad grade crossings or
grade separation structures, including
the payment of liabilities incurred
prior to April one, nineteen hundred
eighty-five, pursuant to the provisions
of section ninety-one of the railroad
law, and in accordance with the schedule
shown below. Prior to requesting ap-
proval of a certificate of approval of
availability for the moneys hereby ap-
propriated, the commissioner of trans-
portation shall certify that he has ap-
plied for and made reasonable efforts to
secure federal assistance for each pro-
ject authorized herein. Any such federal
assistance received shall be used to
reduce the total project cost prior to
the calculation of the state and local
shares in accordance with section
ninety-one of the railroad law. The
items shown in the project schedule
below shall be for projects with a com-
mon purpose
and may be interchanged
without limitation or certification sub-
ject to the approval of the director of
the division of the budget (17088526)