§ 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. 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.