BUFFALO, N.Y. — The comment period for the $1B Kensington Expressway project has closed.
Now the NYSDOT and Federal Highway Administration will make a decision, to build the 4,100ft tunnel or do nothing. According to the timeline published by the DOT, the department hopes to have the review of the comments completed by the end of the year or early 2024.
Recently, lawmakers and DOT officials floated the idea that if the tunnel idea is rejected by the public, the $1B allocated for the project could be used for other transportation projects.
But that's not entirely true, according to multiple sources.
Governor Hochul, ultimately, would need to decide whether that money is used for another project or not.
If public comments overwhelmingly reject the tunnel plan, Governor Hochul could direct the DOT to keep the money in the Transportation Improvement Project account, the way the funding for the Scajaquada Expressway restoration was handled.
After the public rejected the DOT's plan for the Scajaquada Expressway, Governor Cuomo directed the $110M in funds that were allocated for the project to the TIP account. The funding remains untouched to this day.
Right now, the GBNRTC is working through scenarios for a restoration of the parkway along the 198, with significant public input.
The same could be done for the Kensington Expressway project.
Governor Hochul publicly announced the Kensington Expressway project in January 2022. In April 2022, Governor Hochul announced the NYSDOT's 5-year, $32B capital spending plan.
In June 2022, Governor Hochul announced that $1B of that 5-year capital plan would be dedicated to the Kensington Expressway project.
The DOT announced the 10 design alternatives for the Kensington project in fall 2022, but by December it had been narrowed down to the tunnel/decking plan or do nothing.
On October 26, 2023, the DOT extended the comment period for the Kensington Project until November 10. But the DOT also floated that if the public rejects the tunnel plan in their comments, the funding would be used elsewhere in the state.
Senator Tim Kennedy, Crystal Peoples-Stokes, and even Governor Hochul's office echoed those sentiments.
However, according to sources with direct knowledge of the situation, the only way funding could be shifted to other DOT projects in the state would be if Governor Hochul made the decision.
While there are multiple transportation authorities involved in overall capital planning, Governor Hochul can instruct the DOT to use the money elsewhere or keep it in the TIP account.
The Governor's office provided a statement to WGRZ saying "the Kensington project would not be possible without federal funding and the DOT's 5-year capital plan includes both state and federal monies. Any federal funding towards a project requires that we follow all federal processes and program requirements. The Kensington project is no exception."
The state has not provided a detailed breakdown of how much of the $1B dedicated to the Kensington is state dollars versus federal.
There is also the belief that the DOT has more flexibility with what they could do with the funding, than what they publicly revealed.
Over a decade ago when Congressman Higgins secured funding for improvements along Route 5/Skyway, the DOT was able to use some of those transportation funds for other uses.
NYSDOT built a pier along the outer harbor. The Tifft St. Pier was closed off to the public for many years because of design flaws.
The pier ultimately reopened after 2 On Your Side began investigating the situation.
Regardless of the design and ownership kerfuffle, the pier was constructed under the premise of "community enhancements."
Sources tell 2 On Your Side that the NYSDOT could expand the scope of the Kensington project with additional community enhancements, and there are no guidelines that would prevent the department from doing this.