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Hochul says that funding threats over Kensington opposition would be 'wildly inappropriate'

Governor Hochul says she hopes the state can "overcome" the legal challenges facing the the $1 billion Kensington Expressway project.

BUFFALO, N.Y. — When opposition to the $1 billion plan to cap and tunnel 4,100 feet of the Kensington Expressway began taking shape last year, opposition quickly grew

Many of those groups, block clubs, and organizations have remained vocal as legal challenges pressed on over the last year. Other groups have fallen silent. 

2 On Your Side spent nearly a month talking to several groups about their opposition to the plan, and a common thread began to show — state officials and departments were directly or indirectly threatening state funding over the Kensington opposition. 

These organizations were told that continued public opposition could result in the state "considering future funding requests," as one group described it. 

2 On Your Side agreed to not mention the organizations directly because of their concerns that the officials who made those threat would follow through. 

While visiting Buffalo on Friday, WGRZ asked Gov. Kathy Hochul directly if funding had been threatened. 

"[Organizations] have said that members of the executive chamber have either directly or indirectly threatened some of that state funding because of their opposition. Was that a direct order, or was that staff members working on their own?" 2 On Your Side asked.

"I never heard of that, never heard of that, and that would be wildly inappropriate," Governor Hochul said. 

Hochul was visibly surprised at the notion something like this could happen but quickly pivoted to the importance of the Kensington project before a follow-up could be asked. 

"This is something that Crystal Peoples-Stokes said it was one of her top priorities," Hochul said. "I stepped up and said, 'If this is what the community wants, I will find the resources to achieve this,' and now we're in litigation. Happens every single project, and we'll be looking at our options."

Hochul went on to say that the state can't hold on to funding forever. 

"We are not able to sit on this money for a long time," Hochul said. "I would say that it's important that we move this project forward.

Hochul says the federal commitment for the project is $300 million, with $55 million of that announced last year by Transportation Secretary Pete Buttigieg. 

Late Friday, the state announced it had awarded a $44.5 million contract to Union Concrete and Construction of West Seneca to begin work on the Best Street bridge replacement, part of the overall Kensington Expressway project. 

The project calls for a full replacement of the bridge over the Kensington, including roundabouts, a multiuse path, and pedestrian priority lighting. 

Of the $55 million already committed by the Federal Dept. of Transportation, $23 million of that is being used for the Best Street bridge.

The NYSDOT echoed Hochul's statement about the Kensington funding on Friday. 

In a statement the department said "“a lock box to store money doesn’t exist. Funding is in place now for the historic Kensington Expressway project, but there’s no guarantee it will be available past the term of the Bipartisan Infrastructure Law. Additionally, any delay in construction will likely result in higher costs.”

According to Hochul, the Federal DOT is contributing $300M to the $1B project—meaning NYS is contributing the remaining $700M. 

Sources in the NYS legislature say that because the Kensington Expressway project is an executive budget item, meaning the funds were allocated at the request of the governor, then the governor could set the money aside. 

Governor Cuomo set aside more than $100M in funding that was allocated for the redevelopment of the Scajaquada Expressway. Cuomo set the money aside and appointed the GBNRTC to develop a new plan, after public outcry over the NYSDOT's version of the project. 

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