Section 10-G. Hudson Valley suburban highway improvement program

1. There
  is hereby established the "Hudson Valley  suburban  highway  improvement
  program".
    2.  The  program  shall  provide  ninety  million  dollars  to be made
  available as follows:
 
  State Fiscal Year 1993-1994                                $22.5 million
  State Fiscal Year 1994-1995                                $22.5 million
  State Fiscal Year 1995-1996                                $22.5 million
  State Fiscal Year 1996-1997                                $22.5 million
 
    Such ninety million dollars  shall  be  provided  pursuant  to  annual
  appropriations  from  the  dedicated  highway  and  bridge trust fund or
  pursuant to authorization by the legislature for capital projects.
    3. Program funds shall be made available  for  financing  any  of  the
  following  types  of  capital  projects  within  Westchester,  Rockland,
  Putnam, Dutchess, Columbia, Orange and Ulster counties where the service
  life of the project is at least ten years:
    (a)   reconstruction,   replacement,   reconditioning,    restoration,
  rehabilitation,  and  preservation  of  state,  county,  town,  city and
  village  roads,  highways,  parkways,  and  bridges  to   restore   such
  facilities to their intended functions; and
    (b)  construction,  reconstruction,  enhancement  and  improvement  of
  state, county, town, city and  village  roads,  highways,  parkways  and
  bridges to address current and projected capacity problems.
    The  amount  of  state  funds  historically appropriated statewide for
  transportation capital purposes from other sources shall not be  reduced
  because  of  the availability of program moneys. Prior to the allocation
  of program funds for a county, town, city or  village  capital  project,
  the  municipality  responsible  for  the  project  shall  certify to the
  commissioner of transportation that the amount of funds appropriated for
  transportation capital  purposes  by  that  municipality  shall  not  be
  reduced because of the availability of such program funds.
    4. It is the intention of the governor, the temporary president of the
  senate  and  the  speaker  of the assembly to enter into a memorandum of
  understanding with respect to the selection of capital projects and  the
  allocation  of  program  moneys  among  capital  projects.  The minority
  leaders of the senate and assembly may also enter into the memorandum of
  understanding.
    5. (a) Funding of municipal projects will be made upon the application
  for funding  of  prior  expenditures  in  a  format  prescribed  by  the
  commissioner. Funding of qualifying municipal project expenditures shall
  be  made  from  the proceeds of bonds, notes or other obligations issued
  pursuant to section three hundred eighty of the public authorities  law.
  Such funding of state projects may be pursuant to agreements between the
  commissioner  and  the  New York state thruway authority and may be from
  the proceeds of bonds, notes or other  obligations  issued  pursuant  to
  section three hundred eighty-five of the public authorities law.
    (b)  Funding of municipal project expenditures for an approved project
  shall require the certification of the sponsoring  municipality  to  the
  department that:
    (i)  the  amount  of  municipal  funds appropriated for transportation
  capital projects by municipalities shall not be reduced because  of  the
  availability  of  these  funds,  and  each  recipient municipality shall
  certify annually that its own level of funding of transportation capital
  projects, excluding funds expended for  those  capital  projects  funded
  pursuant to this section, was not diminished;

    (ii) program funds will be used solely to fund actual expenditures for
  the    construction,    reconstruction,   replacement,   reconditioning,
  restoration, rehabilitation, preservation, enhancement  and  improvement
  of  state and local roads, highways, parkways and bridges, including but
  not  limited  to  right-of-way acquisition, preliminary engineering, and
  construction supervision and inspection;
    (iii) the project constructed with program funds has a service life of
  ten or more years;
    (iv)  the  amount  of  funds  requested  is  no  greater  than   prior
  unreimbursed  municipal  project  expenditures  for  work  completed  or
  materials incorporated in qualifying projects; and
    (v) program funds are not to be  used  for  the  mandated  non-federal
  share of federally funded projects.
    (c)  By  written  agreement  between them, a county may act for one or
  more cities,  towns  or  villages  in  the  implementation  of  projects
  eligible  for funding pursuant to this section. A copy of such agreement
  shall be filed with the commissioner in connection with the program plan
  that includes such a project.