Section 211. Capital budget borough allocations

a. Borough allocation. Five
  percent of the appropriations, funded by debt supported by city tax levy
  funds  and  state  and federal funds over which the city has substantial
  discretion, proposed in the executive capital  budget  for  the  ensuing
  fiscal  year,  except any lump sum appropriation for school construction
  or rapid transit proposed to be made to public  authorities  established
  pursuant  to  the  provisions of state law, shall be allocated among the
  boroughs by a formula based on an equal weighting of factors relating to
  population and geographic area, and shall be known as the capital budget
  borough allocation. Such formula shall be established by local law,  but
  in  any fiscal year for which no such local law is effective such amount
  shall be allocated among the boroughs on the basis of the average of (i)
  each borough's share of the total population of the city, and (ii)  each
  borough's share of the total land area of the city.
    b.   Preliminary   borough   allocations;  initial  borough  president
  notification. Concomitantly  with  the  submission  of  the  preliminary
  capital  budget and preliminary certificate, the mayor shall inform each
  borough president of the portion of the executive capital budget for the
  ensuing fiscal year and of the executive capital budgets for each of the
  three succeeding  years  that,  pursuant  to  the  formula  required  by
  subdivision a of this section, would be allocated to each borough if the
  amount  of  the  appropriations proposed in the executive capital budget
  for each of such fiscal years were the same as the  maximum  amounts  of
  appropriations  for  such  years  which  the  mayor  anticipates  to  be
  certified in the  preliminary  certificate  issued  in  accordance  with
  section  two  hundred  thirty-five.  The amount of such portion shall be
  known as the preliminary capital budget borough allocation.
    c. Borough president proposals. 1. Each borough president, during  the
  consultations  required  by section two hundred forty-four, shall submit
  to the mayor, in such  form  as  the  mayor  shall  prescribe,  proposed
  capital  appropriations  in  an  amount  not  exceeding  that  borough's
  allocation of the capital budget borough allocation as certified by  the
  mayor to the borough presidents during such consultations. The timing of
  such  certification  shall  allow sufficient time for such consultations
  and for  meeting  the  deadlines  established  by  section  two  hundred
  forty-nine. Each such proposed appropriation shall be accompanied by the
  following information:
    (a) for each such proposed appropriation for construction of a capital
  project,  the estimated annual cost to operate and maintain the facility
  to be constructed pursuant to such appropriation  when  construction  is
  completed.  Such  estimates  shall  be  prepared  in accordance with the
  standards established for this purpose pursuant to section  two  hundred
  twenty-one of this chapter and shall be certified by the director of the
  office  of  management and budget. In the event that a borough president
  and the director of management and budget do not agree on such  estimate
  for  a  particular  project,  such  director  and  the  director  of the
  independent budget office shall jointly certify  an  estimate  for  such
  purpose;
    (b)  for  each such proposed appropriation for the planning and design
  of a capital project, (i) the estimated cost of the construction of  the
  project, and (ii) the fiscal year in which the borough president intends
  to  propose  an appropriation for the construction of the project, if no
  technical problems regarding the viability of the project are identified
  during planning,  site  selection  or  design;  (c)  the  total  of  all
  appropriations  which  will be necessary during the three ensuing fiscal
  years to provide for the construction of projects for which planning and
  design appropriations are being proposed.

    2.  If  a  borough  president  proposes  an  appropriation   for   the
  construction  of  a  capital project, the appropriation must provide for
  the total amount estimated to be necessary for  the  completion  of  the
  project.  If  such  a  proposed  appropriation for the construction of a
  capital  project is for an amount which is less than the amount that the
  office of management and  budget  estimates  to  be  necessary  for  the
  completion   of  the  project,  the  borough's  capital  budget  borough
  allocation in any future year in  which  additional  appropriations  are
  necessary  for  the  completion  of  the project shall be reduced by the
  amount of such additional appropriations.
    3. If the total appropriations necessary, during any  of  the  ensuing
  three  fiscal years, to provide for the construction of (i) projects for
  which the borough president is proposing appropriations for planning and
  design, and (ii) projects for which appropriations were previously  made
  for  planning and design on the recommendation of the borough president,
  is greater than the capital budget borough allocation anticipated to  be
  available  during such years based on the certificate issued pursuant to
  paragraph sixteen of section two hundred fifty of this charter, then the
  borough president shall submit for inclusion in the executive  budget  a
  list  of  the projects requiring construction appropriations during such
  year, in priority order.
    4. If the estimated annual cost to operate and  maintain  the  capital
  projects  being  proposed  for  construction  by  a borough president is
  greater than the amounts dedicated to such expense budget purposes  from
  the  expense  budget  borough  allocation and the capital budget borough
  allocation expense budget contingency projected to be available  to  the
  borough president in one or more ensuing fiscal years then such proposed
  appropriations  may  only  be  included  by  a  borough president in the
  capital budget with the concurrence of the mayor.
    d. The mayor shall include the proposed  appropriations  submitted  by
  the  borough presidents in accordance with subdivision c of this section
  in the executive capital budget provided however,  that  the  mayor  may
  also   include  such  comments  and  recommendations  relating  to  such
  proposals as the mayor deems appropriate.