(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.
Structure New York Laws
Article 6 - Funds of the State
71 - Abolition, Maintenance and Establishment of Funds.
71-A - Funds Established by Law.
71-B - Expenditure of Check-Off Monies.
73 - Federal Interest Subsidy Payments.
74 - Transportation Infrastructure Renewal Fund.
75 - Establishment of Accounts.
76 - Rail Preservation and Development Fund.
77 - Accelerated Capacity and Transportation Improvements Fund.
78 - New York State College Choice Tuition Savings Program Trust Fund.
78-A - New York Higher Education Loan Program Variable Rate Default Reserve Fund.
78-B - New York Higher Education Loan Program Fixed Rate Default Reserve Fund.
79 - World Trade Center Memorial Foundation Fund.
80 - Real Estate Finance Bureau Fund.
80-A - Anti-Discrimination in Housing Fund.
81 - Veterans' Home Assistance Fund.
82 - Gifts to Food Banks Fund.
83-A - Habitat Conservation and Access Account.
84 - The United States Olympic Committee/lake Placid Olympic Training Center Fund.
84-A - Olympic Games Guaranty Fund.
88 - New York State Infrastructure Trust Fund.
88-A - Mass Transportation Operating Assistance Fund.
88-B - Suburban Transportation Fund.
88-D - Airport Improvement and Revitalization Fund.
89-B - Dedicated Highway and Bridge Trust Fund.
89-C - Dedicated Mass Transportation Trust Fund.
89-D - Motor Vehicle Theft and Insurance Fraud Prevention Fund.
89-E - Alzheimer's Disease Assistance Fund.
89-F - Workers' Compensation Security Fund Payment Account.
89-G - Accident Prevention Course Internet, and Other Technology Pilot Program Fund.
89-H - Medical Cannabis Trust Fund.
92-H - Sales Tax Revenue Bond Tax Fund.
92-I - Stock Transfer Incentive Fund.
92-N - Snowmobile Trail Development and Maintenance Fund.
92-P - Voting Machine and System Examination Fund.
92-Q - Housing Assistance Fund.
92-Q*2 - The Institute for the Hudson River Collection Fund.
92-R - Local Government Assistance Tax Fund.
92-S - Environmental Protection Fund.
92-T - New York State Campaign Finance Fund.
92-U - New York State Canal System Development Fund.
92-V - Linked Deposit Program Fund.
92-W - Missing and Exploited Children Clearinghouse Fund.
92-X - Tobacco Settlement Fund.
92-AA - Special School Purpose School Aid.
92-BB - Waste Management and Cleanup Fund.
92-CC - Rainy Day Reserve Fund.
92-DD - Health Care Reform Act (Hcra) Resources Fund.
92-EE - New York State Higher Education Endowment.
92-FF - Metropolitan Transportation Authority Financial Assistance Fund.
92-GG - Charitable Gifts Trust Fund.
92-GG*2 - Subway Assistance Fund.
92-HH - Health Care Transformation Fund.
92-II - Metropolitan Transportation Authority Capital Assistance Fund.
92-JJ - Metropolitan Transportation Authority Paratransit Assistance Fund.
93-A - New York State Storm Recovery Capital Fund.
93-B - Dedicated Infrastructure Investment Fund.
94 - Court Facilities Incentive Aid Fund.
94-A - New York City County Clerks' Operations Offset Fund.
94-B - Judiciary Data Processing Offset Fund.
95-A - New York State Innovation in Breast Cancer Early Detection and Research Awards Program Fund.
95-B - The New York State "Drive Out Diabetes Research and Education Fund".
95-C - The Marine and Coastal District of New York Conservation, Education, and Research Fund.
95-D - The New York State "Multiple Sclerosis Research Fund".
95-D*2 - "Life Pass It on Trust Fund".
95-E - New York State Prostate and Testicular Cancer Research and Education Fund.
95-E*2 - New York State Autism Awareness and Research Fund.
95-F - The New York State Water Rescue Team Awareness and Research Fund.
95-F*2 - The Eighth Air Force Historical Society Fund.
95-G - Department of Motor Vehicles Distinctive Plate Development Fund.
95-H - Mental Illness Anti-Stigma Fund.
95-I - New York State Als Research and Education Fund.
95-J - The New York State Two Hundred Fiftieth Commemoration Commission Fund.
89-I - Military Family Relief Fund.
89-J - The School Bus Motorist Education Fund.
89-J*2 - Substance Use Disorder Education and Recovery Fund.
90 - New York State Department of Transportation Highway Safety Program Fund.
90-A - New York State Passenger Facility Charge Fund.
91-A - Revenue Arrearage Account.
91-B - Boating Noise Level Enforcement Fund.
91-C - Special Offset Fiduciary Account.
91-D - Recruitment Incentive and Retention Account
91-F - Adult Home Quality Enhancement Fund.
91-G - Senior Wellness in Nutrition Fund.
92 - Tax Stabilization Reserve Fund.
92-B - Stock Transfer Tax Fund.
92-D - Municipal Assistance Tax Fund.
92-E - Municipal Assistance State Aid Fund.
92-F - Special Sales and Compensating Use Tax Fund for the City of Yonkers.
92-G - Motorcycle Safety Fund.
95-K - Transgender and Non-Binary (Tgnb) Wellness and Equity Program Fund.
95-K*2 - Lyme and Tick-Borne Diseases Education, Research and Prevention Fund.
96 - The World Trade Center Memorial Scholarship Fund.
97 - Housing Debt Fund, and Urban Renewal Debt Fund.
97-A - Environmental Quality Protection Fund.
97-B - Hazardous Waste Remedial Fund.
97-C - Training and Education Program on Occupational Safety and Health Fund.
97-D - Environmental Quality Bond Act Fund.
97-E - Forest Preserve Expansion Fund.
97-F - Mental Health Services Fund.
97-G - Centralized Services Fund.
97-H - Lake George Park Trust Fund.
97-I - New York State Local Government Records Management Improvement Fund.
97-J - Firearm Violence Research Fund.
97-K - Minority and Women-Owned Business Enterprise Fund.
97-L - Sewage Treatment Program Management and Administration Fund.
97-P - Community College Tuition and Instructional Income Fund.
97-Q - New York State Emergency Medical Services Training Account.
97-R - State Cemetery Vandalism Restoration, Monument Repair or Removal and Administration Fund.
97-S - Nelson A. Rockefeller Empire State Plaza Performing Arts Center Corporation Fund.
97-T - Lawyers' Fund for Client Protection of the State of New York.
97-V - The New York Interest on Lawyer Account (Iola) Fund.
97-V*2 - New York State Musical Instrument Revolving Fund.
97-W - Chemical Dependence Service Fund.
97-Y - Business and Licensing Services Account.
97-Z - Arts Capital Grants Fund.
97-AA - The New York State "Discover Queens Fund".
97-BB - Criminal Justice Improvement Account.
97-CC - Municipal Gun Buypack Program Fund.
97-DD - Eminent Domain Account.
97-EE - New York Great Lakes Protection Fund.
97-FF - Empire State Entertainment Diversity Job Training Development Fund.
97-GG - Division for Youth Facilities Improvement Fund.
97-HH - Tuition Reimbursement Fund.
97-JJ - Industrial and Utility Service Account.
97-JJ*2 - Not-for-Profit Short-Term Revolving Loan Fund.
97-KK - Local Services Account.
97-LL - Improvement of Real Property Tax Administration Account.
97-MM - State Park Infrastructure Fund.
97-MM*2 - State Police Motor Vehicle Law Enforcement Account.
97-NN - Pet Cemetery and Pet Crematorium Inspection and Licensing Fund.
97-NN*2 - World University Games Fund.
97-NN*3 - "I Love Ny Waterways" Fund.
97-OO - Biodiversity Stewardship and Research Fund.
97-PP - New York State Emergency Services Revolving Loan Account.
97-QQ - Statewide Public Safety Communications Account.
97-RR - Pet Dealer Licensing Fund.
97-UU - Legislative Computer Services Fund.
97-VV - Senate Recyclable Materials, Information Services and Conference Fund.
97-WW - Assembly Recyclable Materials, Information Services and Conference Fund.
97-XX - Animal Population Control Fund.
97-YY - Breast Cancer Research and Education Fund.
97-ZZ - Federal Revenue Maximization Contract Fund.
97-AAA - Clean Water/clean Air Bond Fund.
97-BBB - Clean Water/clean Air Fund.
97-DDD - Federal Single Audit Chargeback Account.
97-DDD*2 - Drinking Water Program Management and Administration Fund.
97-DDD*3 - Education Archives Account.
97-EEE - Clean Water/clean Air Implemenation Fund.
97-EEE*2 - Education Library Account.
97-FFF - Summer School of the Arts Account.
97-GGG - Teacher Certification Program Account.
97-HHH - High School Equivalency Account.
97-III - Indirect Cost Recovery Account.
97-JJJ - Rome School for the Deaf Account.
97-KKK - Batavia School for the Blind Account.
97-LLL - Vocational Rehabilitation Fund.
97-MMM - Archives Records Management Account.
97-NNN - Office of the Professions Account.
97-OOO - Department of Corrections and Community Supervision Asset Forfeiture Account.
97-PPP - Education Museum Account.
97-QQQ - Automation and Printing Chargeback Account.
97-RRR - School Tax Relief Fund.
97-RRR*2 - Debt Reduction Reserve Fund.
97-SSS - Charter Schools Stimulus Fund.
97-TTT - Federal Revenue Maximization Contract Fund.
97-UUU - Tax Revenue Arrearage Account.
97-UUU*2 - Transportation Infrastructure Bond Fund.
97-VVV - Universal Prekindergarten Reserve Fund.
97-WWW - Cuba Lake Management Fund.
97-WWW*2 - Quality Child Care and Protection Fund.
97-WWW*3 - Underground Facilities Safety Training Account.
97-WWW*4 - Consumer Protection Account.
97-XXX - Additional Mass Transportation Assistance Fund.
97-XXX*2 - Agriculture in the Classroom Fund.
97-YYY - Children and Family Services Quality Enhancement Fund.
97-YYY*2 - Domestic Violence Awareness Fund.
97-ZZZ - Cultural Education Account.
97-CCCC - Interest Assessment Surcharge Fund.
97-CCCC*2 - Vital Records Management Account.
97-CCCC*3 - Tobacco Revenue Guarantee Fund.
97-CCCC*4 - Erie Canal Museum Fund.
97-DDDD - Community Mental Health Support and Workforce Reinvestment Account.
97-EEEE - Rebuild and Renew New York Transportation Bond Fund.
97-EEEE*2 - Cultural Resource Survey Account.
97-EEEE*3 - Federal-State Health Reform Partnership Program Account.
97-GGGG - Medicaid Training Contract Account.
97-HHHH - The Student Lending Education Account.
97-IIII - Patient Safety Center Account.
97-JJJJ - Education Assessment Account.
97-LLLL - Interstate Reciprocity for Post-Secondary Distance Education Account.
97-LLLL*2 - Women's Cancers Education and Prevention Fund.
97-MMMM - Veterans Remembrance and Cemetery Maintenance and Operation Fund.
97-NNNN - Commercial Gaming Revenue Fund.
97-OOOO - Basic Health Program Trust Fund.
97-OOOO*2 - Smart Schools Bond Fund.
97-PPPP - Lupus Research and Education Fund.
97-PPPP*2 - Sickle Cell Disease Research and Education Fund.
97-QQQQ - Cystic Fibrosis Research and Education Fund.
97-RRRR - Lupus Education and Prevention Fund.
97-SSSS - Leukemia, Lymphoma and Myeloma Research, Education and Treatment Fund.
97-SSSS*2 - Elevator and Related Conveyances Safety Program Account.
97-TTTT - Clean Water, Clean Air, and Green Jobs Bond Fund.
97-XXXX - State Health Innovation Plan Account.
97-AAAAA - Opioid Stewardship Fund.
98 - Investment of State Funds.
98-A - Investment of General Funds, Bond Proceeds, and Other Funds Not Immediately Required.
98-B - Indigent Legal Services Fund.
98-C - Legal Services Assistance Fund.
98-D - 1332 State Innovation Program Fund.
99 - Withholding of State Assistance Upon Default in Payment of Bonds Held by the State.
99-D - City University Stabilization Account.
99-D*2 - Community Projects Fund.
99-E - State University Stabilization Account.
99-F - Spinal Cord Injury Research Trust Fund.
99-H - Tribal-State Compact Revenue Account.
99-H*2 - Teacher Education Accreditation Account.
99-I - Racing Regulation Account.
99-J - Child Performer's Protection Fund.
99-K - Child Performer's Holding Fund.
99-L - Assisted Living Residence Quality Oversight Fund.
99-L*2 - Love Your Library Fund.
99-N - Highway Construction and Maintenance Safety Education Fund.
99-O - Arts Institutions Revolving Loan Fund.
99-P - Empire State Stem Cell Trust Fund.
99-Q - Volunteer Firefighting and Volunteer Emergency Services Recruitment and Retention Fund.
99-S - Youth Facility per Diem Account.
99-T - New York State Medical Indemnity Fund Account.
99-U - New York State Gaming Commission Account.
99-U*2 - New York State Teen Health Education Fund.
99-V - Mortgage Settlement Proceeds Trust Fund.
99-V*2 - Homeless Veterans Assistance Fund.
99-W - Transit Assistance for Capital Investments Fund.
99-W*2 - Suny Dsrip Escrow Fund.
99-X - New York Achieving a Better Life Experience (Ny Able) Savings Program Trust Fund.
99-Y - Suny Stony Brook Affiliation Escrow Fund.
99-Y*2 - Health Republic Insurance of New York Fund.
99-Y*3 - Highway Use Tax Administration Account.
99-Z - Cure Childhood Cancer Research Fund.
99-AA - Retiree Health Benefit Trust Fund.
99-BB - Armory Rental Account.
99-BB*2 - Parking Services Fund.
99-BB*3 - New York State Secure Choice Administrative Fund.
99-BB*4 - Suny Stony Brook Eastern Long Island Hospital Affiliation Escrow Fund.
99-BB*5 - School-Based Health Centers Fund.
99-EE - Down's Syndrome Research Fund.
99-FF - Parks Retail Stores Fund.
99-FF*2 - New York Central Business District Trust Fund.
99-HH - Criminal Justice Discovery Compensation Fund.
99-HH*2 - Public Health Emergency Charitable Gifts Trust Fund.
99-HH*3 - Endangered and Threatened Species Mitigation Bank Fund.
99-HH*4 - Behavioral Health Parity Compliance Fund.
99-II - New York State Cannabis Revenue Fund.
99-JJ - New York State Drug Treatment and Public Education Fund.
99-KK - New York State Community Grants Reinvestment Fund.
99-LL - New York State Council on the Arts Cultural Programs Fund.
99-MM - Emergency Rental Assistance Municipal Corporation Allocation Fund.
99-NN - Opioid Settlement Fund.
99-OO - Pharmacy Benefit Manager Regulatory Fund.
99-PP - Background Check Fund.
99-PP*2 - Agricultural and Farmland Viability Protection Fund.
99-PP*3 - Animal Shelter Regulation Fund.