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This entry was published on 2014-09-22
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SECTION 17
State advances to authorities for preparation of plans
Transportation (TRA) CHAPTER 61-A, ARTICLE 2
§ 17. State advances to authorities for preparation of plans. 1.
Application may be made to the commissioner by an authority for state
advances for making studies relating to and preparing preliminary plans
and detailed plans and specifications for a project within the state
which may be undertaken by such authority. Upon approval of such
application by the commissioner, the commissioner shall allocate out of
any moneys available therefor by appropriation such sum as he deems
necessary to pay the cost of such studies and the cost of preparing such
preliminary plans, but in no event shall the sum allocated for the cost
of preparing such preliminary plans exceed one per cent of the cost of
construction of such project as estimated by the commissioner at the
time such application is approved. Any such application and allocation
shall be subject to the approval of the director of the budget.

2. If such an application shall have been approved as provided in
subdivision one, and, if preliminary plans are or have been required and
moneys allocated therefor as provided in subdivision one, upon approval
of the preliminary plans by the commissioner, an authority may proceed
with the preparation of detailed plans and specifications and the
commissioner shall thereupon allocate such sum as he deems necessary to
pay the cost of preparing such detailed plans and specifications, but in
no event shall the total of the sum so allocated, together with the sum
allocated for the preparation of preliminary plans, exceed four per cent
of the cost of construction as estimated by the commissioner at the time
such preliminary plans are approved. Such allocations shall be subject
to the approval of the director of the budget.

3. Whenever an application for a state advance is made by an authority
pursuant to this section, the commissioner may in his discretion
allocate out of any moneys available therefor by appropriation such
additional sum or sums as he may deem necessary to pay the cost of test
borings or other extraordinary expenditures which the commissioner may
deem desirable. Such allocation shall be subject to the approval of the
director of the budget.

4. Plans and specifications, or studies or test borings or other
extraordinary expenditures for a project in connection with which an
application for an advance made by an authority has been approved, as
hereinbefore provided in this section, may be prepared or undertaken by
such authority or by private architectural or engineering firms selected
by such authority.

5. All moneys paid to any authority pursuant to the provisions of this
section shall be treated as advances by the state and shall be repaid to
the state. If bonds or other obligations are sold by such an authority
for the purpose of financing the construction of such project, and if
repayment is not made from other moneys, such advances by the state
shall be repaid out of the proceeds of the first bonds or other
obligations sold by such authority; if any such project is constructed
by such authority without the sale of bonds or other obligations, and if
repayment is not made from other moneys, such advances shall be repaid
from the revenues of such authority derived from such project; and in
any other case such advances shall be repaid from any other funds of the
authority not otherwise pledged. Upon receipt of any such moneys by the
state they shall be credited by the state comptroller to the post-war
reconstruction fund.

6. Any unobligated balance of moneys appropriated and allocated for
the purposes of this section remaining at any time may be cancelled by
the commissioner with the approval of the director of the budget, and
any such balances so cancelled shall be available for the purposes
described in the original appropriation from which such allocations were
made.

7. The commissioner and the director of the budget may each request
and shall each receive from any department, division, board, bureau,
commission or agency of the state or of any political subdivision
thereof, such assistance and data as will enable them to properly carry
out their respective activities under and effectuate the purposes of
this section. The department of taxation and finance is authorized to
accept and receive from the federal government any moneys which the
federal government shall offer to the state to assist it to carry out
any of the provisions of this section or undertakings or assistance
authorized by it.