State and Municipal Facilities Program

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The enacted Capital Projects (S.20004-C) for the 2016 state fiscal year appropriates a total of $1.13 billion for the State and Municipal Faclities Program, including a new appropriation of $385 million and a re-appropriation of $746 million.

Governor Cuomo and legislative leaders have been uncharacteristically silent about this program or its purposes. However, their intentions can be deduced from the evolving appropriations language attached to this growing pot of money in the past three budgets.

What follows are excerpts from the Capital Projects budget explaining the purposes for which the money is to be spent, and the entities eligible to apply for it.  Words in all-caps indicate language adding to appropriations adopted in previous years. There are three long sections, corresponding (in reverse chronological order) to the year in which each chunk of appropriations language was enacted:

For payment of the capital costs of construction, improvement, rehabilitation or reconstruction of facilities owned by eligible entities; the acquisition of capital facilities and assets by eligible entities, including fixed capital assets; the acquisition by an eligible entity of capital assets with a useful life of not less than ten years purchased for the sole purpose of preserving and protecting infrastructure that is owned, controlled or appurtenant to an eligible entity, including but not limited to heavy duty road maintenance and construction vehicles, pavers, snow plows, street sweepers and heavy duty fire, emergency response and law enforcement vehicles; economic development projects sponsored by the state or municipal corporations, as defined in section 2 of the general municipal law, that will create or retain jobs in New York state as certified by the commissioner of the department of economic development; or environmental projects sponsored by the state or municipal corporations as defined in section 2 of the general municipal law. Eligible entities shall consist of the state; municipal corporations as defined in section 2 of the general municipal law; water and sewer districts; the Metropolitan Transportation Authority; a college or university established pursuant to section 352 of the education law, section 6203 of the education law or section 6302 of the education law; an independent not-for-profit institution of higher education as defined in subdivision 2 of section 6401 of the education law; public school districts; public housing authorities; public libraries and library systems chartered by the regents of the state of New York or established by an act of the legislature; public park conservancies or not for profit corporations organized for the purpose of investing in parks owned by the state or municipal corporations, as defined in section 2 of the general municipal law; and not for profit fire districts, fire commissions, fire companies, fire departments, volunteer rescue and ambulance squads. Costs may include, but shall not be limited to engineering services, construction, project management, right-of-way acquisition, and work appurtenant and ancillary thereto. No funds from this appropriation may be used as a required match or be considered a local share to other state programs or to leverage state aid or grants including but not limited to the apportionment of aid under the education law. Notwithstanding any provision of law to the contrary, funds appropriated herein may, subject to the approval of the director of the budget, be (i) interchanged, (ii) transferred from this appropriation to any other appropriation of any state department, agency or public benefit corporation, or (iii) suballocated to any other state department, agency or public benefit corporation, to achieve this purpose (SM0115SM) …………………………… 385,000,000

The appropriation made by chapter 54, section 1, of the laws of 2014, is hereby amended and reappropriated to read: For payment of the capital costs of construction, improvement, rehabilitation or reconstruction of facilities owned by eligible entities; the acquisition of capital facilities and assets by eligible entities, INCLUDING FIXED CAPITAL ASSETS; the acquisition BY AN ELIGIBLE ENTITY of capital assets with a useful life of not less than ten years purchased for the sole purpose of preserving and protecting infrastructure that is owned, controlled or appurtenant to an eligible entity, INCLUDING BUT NOT LIMITED TO HEAVY DUTY ROAD MAINTENANCE AND CONSTRUCTION VEHICLES, PAVERS, SNOWPLOWS, STREET SWEEPERS AND HEAVY DUTY FIRE, EMERGENCY RESPONSE AND LAW ENFORCEMENT VEHICLES; economic development projects sponsored by the state or municipal corporations, as defined in section 2 of the general municipal law, that will create or retain jobs in New York state as certified by the commissioner of the department of economic development; or environmental projects sponsored by the state or municipal corporations as defined in section 2 of the general municipal law. Eligible entities shall consist of the state; municipal corporations as defined in section 2 of the general municipal law; water and sewer districts; the Metropolitan Transportation Authority; a college or university established pursuant to section 352 of the education law, section 6203 of the education law or section 6302 of the education law; an independent not-for-profit institution of higher education as defined in subdivision 2 of section 6401 of the education law; public school districts; public housing authorities; public libraries and library systems chartered by the regents of the state of New York or established by an act of the legislature; PUBLIC PARK CONSERVANCIES OR NOT FOR PROFIT CORPORATIONS ORGANIZED FOR THE PURPOSE OF INVESTING IN PARKS OWNED BY THE STATE OR MUNICI PAL CORPORATIONS, AS DEFINED IN SECTION 2 OF THE GENERAL MUNICIPAL LAW; and NOT FOR PROFIT fire districts, FIRE COMMISSIONS, FIRE COMPANIES, FIRE DEPARTMENTS, VOLUNTEER RESCUE AND AMBULANCE SQUADS. Costs may include, but shall not be limited to engineering services, construction, project management, right-of-way acquisition, and work appurtenant and ancillary thereto. No funds from this appropriation may be used as a required match or be considered a local share to other state programs or to leverage state aid or grants including but not limited to the apportionment of aid under the education law. Notwithstanding any provision of law to the contrary, funds appropriated herein may, subject to the approval of the director of the budget, be (i) interchanged, (ii) transferred from this appropriation to any other appropriation of any state department, agency or public benefit corporation, or (iii) suballocated to any other state department, agency or public benefit corporation, to achieve this purpose (SM0114SM) … 385,000,000 ………….. (re. $385,000,000)

The appropriation made by chapter 54, section 1, of the laws of 2013, as amended by chapter 54, section 1, of the laws of 2014, is hereby amended and reappropriated to read: For payment of the capital costs of construction, improvement, rehabilitation or reconstruction of facilities owned by eligible entities; the acquisition of capital facilities and assets by eligible entities, INCLUDING FIXED CAPITAL ASSETS; the acquisition BY AN ELIGIBLE ENTITY of capital assets with a useful life of not less than ten years purchased for the sole purpose of preserving and protecting infrastructure that is owned, controlled or appurtenant to an eligible entity, INCLUDING BUT NOT LIMITED TO HEAVY DUTY ROAD MAINTENANCE AND CONSTRUCTION VEHICLES, PAVERS, SNOW PLOWS, STREET SWEEPERS AND HEAVY DUTY FIRE, EMERGENCY RESPONSE AND LAW ENFORCEMENT VEHICLES; economic development projects sponsored by the state or municipal corporations, as defined in section 2 of the general municipal law, that will create or retain jobs in New York state as certified by the commissioner of the department of economic development; or environmental projects sponsored by the state or municipal corporations as defined in section 2 of the general municipal law. Eligible entities shall consist of the state; municipal corporations as defined in section 2 of the general municipal law; water and sewer districts; the Metropolitan Transportation Authority; a college or university established pursuant to section 352 of the education law, section 6203 of the education law or section 6302 of the education law; an independent not-for-profit institution of higher education as defined in subdivision 2 of section 6401 of the education law; public school districts; public housing authorities; public libraries and library systems chartered by the regents of the state of New York or established by an act of the legislature; PUBLIC PARK CONSERVANCIES OR NOT FOR PROFIT CORPORATIONS ORGANIZED FOR THE PURPOSE OF INVESTING IN PARKS OWNED BY THE STATE OR MUNICI PAL CORPORATIONS, AS DEFINED IN SECTION 2 OF THE GENERAL MUNICIPAL LAW; and NOT FOR PROFIT fire districts, FIRE COMMISSIONS, FIRE COMPANIES, FIRE DEPARTMENTS, VOLUNTEER RESCUE AND AMBULANCE SQUADS. Costs may include, but shall not be limited to engineering services, construction, project management, right-of-way acquisition, and work appurtenant and ancillary thereto. No funds from this appropriation may be used as a required match or be considered a local share to other state programs or to leverage state aid or grants including but not limited to the apportionment of aid under the education law. Notwithstanding any provision of law to the contrary, funds appropriated herein may, subject to the approval of the director of the budget, be (i) interchanged, (ii) transferred from this appropriation to any other appropriation of any state department, agency or public benefit corporation, or (iii) suballocated to any other state department, agency or public benefit corporation, to achieve this purpose (SM1013SM) … 385,000,000 ………….. (re. $361,085,000)