Bill Text: NY A03009 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2023-2024 state fiscal year; provides the authority to abate interest for taxpayers impacted by declared disasters (Part A); clarifies the definition of limited partner for the purposes of the metropolitan commuter transportation mobility tax (Part B); makes the investment tax credit refundable for eligible farmers for five years (Part C); amends provisions of the Empire state film production credit and the Empire state film post production credit; extends and increases such credits (Part D); provides for the abatement of penalties for underpayment of estimated tax by a corporation (Part E); extends the deadline for applications for the COVID-19 capital costs tax credit program (Part F); creates a child care creation and expansion tax credit for child care programs made available to employees by a business directly or through a third party (Part G); relates to extending a tax credit for certain businesses engaged in biotechnologies (Part H); extends the current corporate tax rates (Subpart A); extends the rehabilitation of historic properties tax credit (Subpart B); extends the empire state commercial production tax credit for five years (Subpart C); extends provisions of law relating to the grade No. 6 heating oil conversion tax credit (Subpart D); relates to the New York city musical and theatrical production tax credit (Subpart E)(Part I); makes technical corrections to the credit for companies who provide transportation to individuals with disabilities (Subpart A); relates to the eligibility for the brownfield redevelopment tax credit (Subpart B); relates to the pass-through entity tax and city pass-through entity tax (Subpart C)(Part J); simplifies certain senior citizen real property tax exemptions (Part K); extends provisions of law relating to oil and gas charges (Part L); provides for the adoption and use of solar and wind energy system appraisal model for purposes of real property taxation (Part N); eliminates the congestion surcharge registration requirements (Part P); provides for the payment of tax on increased quantities of motor fuel and Diesel fuel on which the taxes pursuant to articles 12-a, 13-a and 28 were not previously paid (Part Q); extends the sales tax exemption for certain sales made through vending machines (Part R); increases the rate of taxes on cigarettes (Part S); relates to the revocation of certain certificates and civil penalties for refusal of a cigarette and tobacco inspection (Part T); relates to extending the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Part U); permits the commissioner of taxation and finance to seek judicial review of decisions of the tax appeals tribunal (Part V); clarifies the deposit timeframe for moneys deposited by the commissioner of taxation and finance (Part W); relates to financing of the Belmont Park racetrack renovation and the membership of the franchise oversight board (Part X); extends certain provisions related to the simulcasting of horse races and taxes on pari-mutuel betting (Part BB); relates to the liability of a person who presents false claims for money or property to the state or a local government (Part DD); repeals provisions relating to the transferability of the investment tax credit (Part EE); relates to the amount of credits for cider, wine, and liquor under the alcoholic beverage production credit (Part FF); establishes a permanent rate for the metropolitan transportation business tax surcharge of thirty percent beginning on or after January 1, 2024 (Part GG).
Spectrum: Committee Bill
Status: (Introduced) 2023-05-01 - substituted by s4009c [A03009 Detail]
Download: New_York-2023-A03009-Amended.html
Bill Title: Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2023-2024 state fiscal year; provides the authority to abate interest for taxpayers impacted by declared disasters (Part A); clarifies the definition of limited partner for the purposes of the metropolitan commuter transportation mobility tax (Part B); makes the investment tax credit refundable for eligible farmers for five years (Part C); amends provisions of the Empire state film production credit and the Empire state film post production credit; extends and increases such credits (Part D); provides for the abatement of penalties for underpayment of estimated tax by a corporation (Part E); extends the deadline for applications for the COVID-19 capital costs tax credit program (Part F); creates a child care creation and expansion tax credit for child care programs made available to employees by a business directly or through a third party (Part G); relates to extending a tax credit for certain businesses engaged in biotechnologies (Part H); extends the current corporate tax rates (Subpart A); extends the rehabilitation of historic properties tax credit (Subpart B); extends the empire state commercial production tax credit for five years (Subpart C); extends provisions of law relating to the grade No. 6 heating oil conversion tax credit (Subpart D); relates to the New York city musical and theatrical production tax credit (Subpart E)(Part I); makes technical corrections to the credit for companies who provide transportation to individuals with disabilities (Subpart A); relates to the eligibility for the brownfield redevelopment tax credit (Subpart B); relates to the pass-through entity tax and city pass-through entity tax (Subpart C)(Part J); simplifies certain senior citizen real property tax exemptions (Part K); extends provisions of law relating to oil and gas charges (Part L); provides for the adoption and use of solar and wind energy system appraisal model for purposes of real property taxation (Part N); eliminates the congestion surcharge registration requirements (Part P); provides for the payment of tax on increased quantities of motor fuel and Diesel fuel on which the taxes pursuant to articles 12-a, 13-a and 28 were not previously paid (Part Q); extends the sales tax exemption for certain sales made through vending machines (Part R); increases the rate of taxes on cigarettes (Part S); relates to the revocation of certain certificates and civil penalties for refusal of a cigarette and tobacco inspection (Part T); relates to extending the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Part U); permits the commissioner of taxation and finance to seek judicial review of decisions of the tax appeals tribunal (Part V); clarifies the deposit timeframe for moneys deposited by the commissioner of taxation and finance (Part W); relates to financing of the Belmont Park racetrack renovation and the membership of the franchise oversight board (Part X); extends certain provisions related to the simulcasting of horse races and taxes on pari-mutuel betting (Part BB); relates to the liability of a person who presents false claims for money or property to the state or a local government (Part DD); repeals provisions relating to the transferability of the investment tax credit (Part EE); relates to the amount of credits for cider, wine, and liquor under the alcoholic beverage production credit (Part FF); establishes a permanent rate for the metropolitan transportation business tax surcharge of thirty percent beginning on or after January 1, 2024 (Part GG).
Spectrum: Committee Bill
Status: (Introduced) 2023-05-01 - substituted by s4009c [A03009 Detail]
Download: New_York-2023-A03009-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3009--B IN ASSEMBLY February 1, 2023 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend the tax law, in relation to providing the authority to abate interest for taxpayers impacted by declared disasters (Part A); to amend the tax law, in relation to clarifying the definition of limited partner for the purposes of the metropolitan commuter trans- portation mobility tax (Part B); to amend the tax law, in relation to making the investment tax credit refundable for eligible farmers for five years (Part C); to amend the tax law, in relation to the empire state film production credit and the empire state film post-production credit (Part D); to amend the tax law, in relation to the abatement of penalties for underpayment of estimated tax by a corporation (Part E); to amend the economic development law, in relation to the COVID-19 capital costs tax credit program (Part F); to amend the social services law and the tax law, in relation to creating a tax credit for the creation and expansion of child care (Part G); to amend the tax law, in relation to extending the authorization of any city having a population of one million or more to provide a biotechnology credit against the general corporation tax, unincorporated business tax, and banking corporation tax of such city (Part H); to amend the tax law, in relation to extending the current corporate tax rates; to amend the tax law, in relation to deposit and disposition of revenue; to amend the public authorities law, in relation to the metropolitan transpor- tation authority special assistance fund; and to amend the state finance law, in relation to the mass transportation operating assist- ance fund (Subpart A); to amend the tax law and the parks, recreation and historic preservation law, in relation to establishing the large projects historic rehabilitation tax credit and the "white elephant" housing historic rehabilitation projects tax credit program (Subpart B); to amend the tax law, in relation to extending the empire state commercial production tax credit for five years (Subpart C); to amend the tax law, in relation to extending provisions of law relating to the grade No. 6 heating oil conversion tax credit (Subpart D); to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12574-04-3A. 3009--B 2 amend subpart B of part PP of chapter 59 of the laws of 2021 amending the tax law and the state finance law relating to establishing the New York city musical and theatrical production tax credit and estab- lishing the New York state council on the arts cultural program fund, in relation to the effectiveness thereof; and to amend the tax law, in relation to the New York city musical and theatrical production tax credit (Subpart E)(Part I); to amend the tax law, in relation to making technical corrections to the credit for companies who provide transportation to individuals with disabilities (Subpart A); to amend the tax law, in relation to eligibility for the brownfield redevelop- ment tax credit (Subpart B); to amend the tax law, in relation to the pass-through entity tax and city pass-through entity tax and making technical corrections thereto (Subpart C) (Part J); to amend the real property tax law, in relation to simplifying the senior citizens real property tax exemption and the exemption for persons with disabilities and limited income (Part K); to amend chapter 540 of the laws of 1992, amending the real property tax law relating to oil and gas charges, in relation to the effectiveness thereof (Part L); intentionally omitted (Part M); to amend the real property tax law and the state administra- tive procedure act, in relation to clarifying the solar or wind energy system appraisal model (Part N); intentionally omitted (Part O); to repeal certain provisions of the tax law, relating to eliminating congestion surcharge registration requirements (Part P); to amend the tax law, in relation to the payment of tax on increased quantities of motor fuel and Diesel motor fuel on which the taxes pursuant to arti- cles 12-A, 13-A and 28 were not previously paid (Part Q); to amend the tax law, in relation to extending the sales tax exemption for certain sales made through vending machines (Part R); to amend the tax law, in relation to an increase in the rate of tax on cigarettes (Part S); intentionally omitted (Part T); to amend the tax law and the adminis- trative code of the city of New York, in relation to extending the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Part U); inten- tionally omitted (Part V); to amend the state finance law, in relation to clarifying the deposit timeframe for moneys deposited by the commissioner of taxation and finance (Part W); to amend the tax law, in relation to requiring the New York Racing Association, Inc. to enter into a repayment agreement with the state of New York for the repayment of funds provided by the state for the renovation of Belmont Park (Part X); intentionally omitted (Part Y); intentionally omitted (Part Z); to amend the racing, pari-mutuel wagering and breeding law, in relation to the utilization of funds in the Capital region and Catskill off-track betting corporations' capital acquisition funds (Part AA); to amend the racing, pari-mutuel wagering and breeding law, in relation to licenses for simulcast facilities, sums relating to track simulcast, simulcast of out-of-state thoroughbred races, simul- casting of races run by out-of-state harness tracks and distributions of wagers; to amend chapter 281 of the laws of 1994 amending the racing, pari-mutuel wagering and breeding law and other laws relating to simulcasting; to amend chapter 346 of the laws of 1990 amending the racing, pari-mutuel wagering and breeding law and other laws relating to simulcasting and the imposition of certain taxes, in relation to extending certain provisions thereof; and to amend the racing, pari- mutuel wagering and breeding law, in relation to extending certain provisions thereof (Part BB); intentionally omitted (Part CC); toA. 3009--B 3 amend the tax law, in relation to adjusting certain income tax rates (Part DD); to amend the tax law, in relation to extending supplemental earned income tax credit and empire state child credit payments and expanding existing programs (Part EE); to amend the tax law, the public authorities law and the state finance law, in relation to sales tax on digital products (Part FF); to amend the tax law, in relation to establishing small business savings accounts (Part GG); to amend the tax law, in relation to pass-through manufacturers zero percent tax rate (Part HH); to amend the tax law, in relation to the amount of credit for cider, wine, and liquor under the alcoholic beverage production credit (Part II); to amend the tax law, the public authori- ties law and the state finance law, in relation to adding a fee on delivery transactions (Part JJ); to amend the state finance law, in relation to the liability of a person who presents false claims for money or property to the state or a local government (Part KK); providing for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts; to amend the military law, in relation to the deposit of funds for the use of armories; to amend the state finance law, in relation to the rainy day reserve fund; to amend part D of chapter 389 of the laws of 1997 relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; to amend chapter 81 of the laws of 2002 relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds & notes; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend the New York state medical care facilities finance agency act, in relation to the issu- ance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or notes; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the New York state urban development corporation act, in relation to the nonprofit infrastructure capital investment program; to amend the New York state urban development corporation act, in relation to state-supported debt issued during the 2024 fiscal year; to amend the New York state urban development corporation act, in relation to permitting the dormitory authority, the New York state urban development corporation, and the thruway authority to issue bonds for the purpose of refunding obligations of the power authority of the state of New York to fund energy efficiency projects at state agencies; to amend the public authorities law, in relation to financ- ing of metropolitan transportation authority (MTA) transportation facilities; to amend the state finance law, in relation to payments of bonds; to amend the state finance law, in relation to the mental health services fund; to amend the state finance law, in relation to the issuance of revenue bonds; to amend part D of chapter 63 of theA. 3009--B 4 laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to increasing the amount of authorized matching capital grants; authorizing the dormitory authority and the urban development corporation to issue certain bonds or notes; and providing for the repeal of certain provisions upon expiration thereof (Part LL); to amend the public authorities law and the labor law, in relation to unemployment insurance fund bond financing (Part MM); and to amend the county law, in relation to enacting the "Suffolk county water quality restoration act", authorizing the county of Suffolk to establish a water quality restoration fund, and authorizing the county of Suffolk to form a county sewer and wastewater management district and extend the existing one-quarter of one percent sales tax utilized to finance the county drinking water protection program until 2060; to amend the tax law, in relation to the Suffolk county water quality restoration fund; and to amend the local finance law, in relation to the period of probable usefulness of septic systems funded by programs established by the county of Suffolk (Part NN) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2023-2024 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through NN. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, 7 including the effective date of the Part, which makes a reference to a 8 section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. 12 PART A 13 Section 1. The opening paragraph of paragraph a of subdivision twen- 14 ty-eighth of section 171 of the tax law, as amended by chapter 451 of 15 the laws of 2022, is amended to read as follows: 16 [In the case of a taxpayer who is determined for federal tax purposes17under the provisions of] Have the authority to postpone certain dead- 18 lines for a period of up to ninety days, or longer when necessary to 19 align with relief provided by the Internal Revenue Service pursuant to 20 section seven thousand five hundred eight-A of the internal revenue code 21 [to be affected by a presidentially declared disaster, or who], for a 22 taxpayer who is determined [under regulations promulgated by the commis-23sioner] to be affected by a presidentially declared disaster or by a 24 disaster emergency declared by the governor[, have authority to provide25that a period of up to ninety days, or a longer period when necessary to26align with relief that has already been provided by the Internal Revenue27Service under the authority to postpone certain deadlines in section28seven thousand five hundred eight-A of the internal revenue code, may]. 29 Any extension period provided pursuant to the authority in this subdivi- 30 sion shall be disregarded in determining under the tax law, or under a 31 law enacted pursuant to the authority of the tax law or former articleA. 3009--B 5 1 2-E of the general city law where administered by the commissioner, in 2 respect of any tax liability (including any interest, penalty, addi- 3 tional amount, or addition to the tax) of such taxpayer: 4 § 2. Paragraph c of subdivision twenty-eighth of section 171 of the 5 tax law, as added by chapter 8 of the laws of 1998, is amended to read 6 as follows: 7 c. Definitions. 1. Presidentially declared disaster. For purposes of 8 this subdivision, the term "presidentially declared disaster" means any 9 disaster which, with respect to an area, resulted in a subsequent deter- 10 mination by the president of the United States that such area warrants 11 assistance by the federal government under the disaster relief and emer- 12 gency assistance act. 13 2. Taxpayer. For purposes of this subdivision, the term "taxpayer" 14 means any person or entity required to file a return or remit any tax to 15 the commissioner pursuant to this chapter. 16 § 3. Subdivision twenty-eighth of section 171 of the tax law is 17 amended by adding a new paragraph d to read as follows: 18 d. Where a taxpayer who, pursuant to section seven thousand five 19 hundred eight-a of the internal revenue code, is determined for federal 20 tax purposes to be affected by a presidentially declared disaster, or 21 who is determined to be affected by a disaster emergency declared by the 22 governor, but the commissioner has not postponed a tax deadline pursuant 23 to the authority in paragraph a of this subdivision due to such disas- 24 ter, the commissioner may abate any amount of interest from the under- 25 payment of any tax administered by the commissioner under this chapter 26 that accrued for the period during which the taxpayer was unable to meet 27 such deadline due to direct impacts of the disaster. 28 § 4. This act shall take effect immediately. 29 PART B 30 Section 1. Subsection (e) of section 800 of the tax law, as added by 31 section 1 of part C of chapter 25 of the laws of 2009, is amended to 32 read as follows: 33 (e) Net earnings from self-employment. Net earnings from self-employ- 34 ment has the same meaning as in section 1402 of the internal revenue 35 code, provided, however, that for purposes of determining whether the 36 exclusion pursuant to paragraph 13 of subsection (a) of section 1402 of 37 the internal revenue code applies, an individual shall not be considered 38 a limited partner if the individual, directly or indirectly, takes part 39 in the control, or participates in the management or operations of the 40 partnership such that the individual is not a passive investor, regard- 41 less of the individual's title or characterization in a partnership or 42 operating agreement. 43 § 2. This act shall take effect immediately. 44 PART C 45 Section 1. Paragraph (d) of subdivision 1 of section 210-B of the tax 46 law, as amended by section 31 of part T of chapter 59 of the laws of 47 2015, is amended to read as follows: 48 (d) Except as otherwise provided in this paragraph, the credit allowed 49 under this subdivision for any taxable year shall not reduce the tax due 50 for such year to less than the fixed dollar minimum amount prescribed in 51 paragraph (d) of subdivision one of section two hundred ten of this 52 article. However, if the amount of credit allowable under this subdivi-A. 3009--B 6 1 sion for any taxable year reduces the tax to such amount or if the 2 taxpayer otherwise pays tax based on the fixed dollar minimum amount, 3 any amount of credit allowed for a taxable year commencing prior to 4 January first, nineteen hundred eighty-seven and not deductible in such 5 taxable year may be carried over to the following year or years and may 6 be deducted from the taxpayer's tax for such year or years but in no 7 event shall such credit be carried over to taxable years commencing on 8 or after January first, two thousand two, and any amount of credit 9 allowed for a taxable year commencing on or after January first, nine- 10 teen hundred eighty-seven and not deductible in such year may be carried 11 over to the fifteen taxable years next following such taxable year and 12 may be deducted from the taxpayer's tax for such year or years. In lieu 13 of such carryover, (i) any such taxpayer which qualifies as a new busi- 14 ness under paragraph (f) of this subdivision may elect to treat the 15 amount of such carryover as an overpayment of tax to be credited or 16 refunded in accordance with the provisions of section one thousand 17 eighty-six of this chapter, and (ii) any such taxpayer that is an eligi- 18 ble farmer, as defined in subdivision eleven of this section, may for 19 taxable years beginning before January first, two thousand twenty-eight, 20 elect to treat the amount of such carryover as an overpayment of tax to 21 be credited or refunded in accordance with the provisions of section one 22 thousand eighty-six of this chapter, provided, however, the provisions 23 of subsection (c) of section one thousand eighty-eight of this chapter 24 notwithstanding, no interest shall be paid thereon. 25 § 2. Paragraph 5 of subsection (a) of section 606 of the tax law, as 26 amended by chapter 170 of the laws of 1994, is amended to read as 27 follows: 28 (5) If the amount of credit allowable under this subsection for any 29 taxable year shall exceed the taxpayer's tax for such year, the excess 30 allowed for a taxable year commencing prior to January first, nineteen 31 hundred eighty-seven may be carried over to the following year or years 32 and may be deducted from the taxpayer's tax for such year or years, but 33 in no event shall such credit be carried over to taxable years commenc- 34 ing on or after January first, nineteen hundred ninety-seven, and any 35 amount of credit allowed for a taxable year commencing on or after Janu- 36 ary first, nineteen hundred eighty-seven and not deductible in such year 37 may be carried over to the ten taxable years next following such taxable 38 year and may be deducted from the taxpayer's tax for such year or years. 39 In lieu of carrying over any such excess, (A) a taxpayer who qualifies 40 as an owner of a new business for purposes of paragraph ten of this 41 subsection may, at [his] the taxpayer's option, receive such excess as a 42 refund, and (B) a taxpayer that is an eligible farmer as defined in 43 subsection (n) of this section may, at the taxpayer's option, for taxa- 44 ble years beginning before January first, two thousand twenty-eight 45 receive such excess as a refund. Any refund paid pursuant to this para- 46 graph shall be deemed to be a refund of an overpayment of tax as 47 provided in section six hundred eighty-six of this article, provided, 48 however, that no interest shall be paid thereon. 49 § 3. This act shall take effect immediately, and apply to taxable 50 years beginning on or after January 1, 2023. 51 PART D 52 Section 1. Paragraph 2 of subdivision (a) of section 24 of the tax 53 law, as separately amended by sections 1 and 2 of part M of chapter 59 54 of the laws of 2020, is amended to read as follows:A. 3009--B 7 1 (2) The amount of the credit shall be the product (or pro rata share 2 of the product, in the case of a member of a partnership) of [twenty-3five] thirty percent, or thirty-five percent in the case of an eligible 4 relocated television series, and the qualified production costs paid or 5 incurred in the production of a qualified film, provided that: (i) the 6 qualified production costs (excluding post production costs) paid or 7 incurred which are attributable to the use of tangible property or the 8 performance of services at a qualified film production facility in the 9 production of such qualified film equal or exceed seventy-five percent 10 of the production costs (excluding post production costs) paid or 11 incurred which are attributable to the use of tangible property or the 12 performance of services at any film production facility within and with- 13 out the state in the production of such qualified film, and (ii) except 14 with respect to a qualified independent film production company or 15 pilot, at least ten percent of the total principal photography shooting 16 days spent in the production of such qualified film must be spent at a 17 qualified film production facility. However, if the qualified production 18 costs (excluding post production costs) which are attributable to the 19 use of tangible property or the performance of services at a qualified 20 film production facility in the production of such qualified film is 21 less than three million dollars, then the portion of the qualified 22 production costs attributable to the use of tangible property or the 23 performance of services in the production of such qualified film outside 24 of a qualified film production facility shall be allowed only if the 25 shooting days spent in New York outside of a film production facility in 26 the production of such qualified film equal or exceed seventy-five 27 percent of the total shooting days spent within and without New York 28 outside of a film production facility in the production of such quali- 29 fied film. The credit shall be allowed for the taxable year in which the 30 production of such qualified film is completed. However, in the case of 31 a qualified film that receives funds from additional pool 2, no credit 32 shall be claimed before the later of (1) the taxable year the production 33 of the qualified film is complete, or (2) the [first] taxable year 34 [beginning immediately after the] that includes the last day of the 35 allocation year for which the film has been allocated credit by the 36 [governor's office for motion picture and television] department of 37 economic development. If the amount of the credit is at least one 38 million dollars but less than five million dollars, the credit shall be 39 claimed over a two year period beginning in the first taxable year in 40 which the credit may be claimed and in the next succeeding taxable year, 41 with one-half of the amount of credit allowed being claimed in each 42 year. If the amount of the credit is at least five million dollars, the 43 credit shall be claimed over a three year period beginning in the first 44 taxable year in which the credit may be claimed and in the next two 45 succeeding taxable years, with one-third of the amount of the credit 46 allowed being claimed in each year. 47 § 2. Paragraph 5 of subdivision (a) of section 24 of the tax law, as 48 amended by section 2 of part M of chapter 59 of the laws of 2022, is 49 amended to read as follows: 50 (5) For the period two thousand fifteen through two thousand [twenty-51nine] thirty-four, in addition to the amount of credit established in 52 paragraph two of this subdivision, a taxpayer shall be allowed a credit 53 equal to the product (or pro rata share of the product, in the case of a 54 member of a partnership) of ten percent and the amount of wages or sala- 55 ries paid to individuals directly employed (excluding those employed as 56 writers, directors, [music directors] composers, producers and perform-A. 3009--B 8 1 ers, [including] other than background actors with no scripted lines to 2 the extent those wages or salaries or other compensation exceed five 3 hundred thousand dollars per individual) by a qualified film production 4 company or a qualified independent film production company for services 5 performed by those individuals in one of the counties specified in this 6 paragraph in connection with a qualified film with a minimum budget of 7 five hundred thousand dollars. Provided, however, the aggregate total 8 eligible qualified production costs for producers, writers, directors, 9 performers (other than background actors with no scripted lines), and 10 composers shall not exceed forty percent of the aggregate sum total of 11 all other qualified production costs. For purposes of this additional 12 credit, the services must be performed in one or more of the following 13 counties: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, 14 Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, 15 Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, 16 Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, 17 Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam, 18 Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. 19 Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washing- 20 ton, Wayne, Wyoming, or Yates. The aggregate amount of tax credits 21 allowed pursuant to the authority of this paragraph shall be five 22 million dollars each year during the period two thousand fifteen through 23 two thousand [twenty-nine] twenty-three and fifteen million dollars each 24 year during the period two thousand twenty-four through two thousand 25 thirty-four of the annual allocation made available to the program 26 pursuant to paragraph four of subdivision (e) of this section. Such 27 aggregate amount of credits shall be allocated by the [governor's office28for motion picture and television] department of economic development 29 among taxpayers in order of priority based upon the date of filing an 30 application for allocation of film production credit [with such office]. 31 If the total amount of allocated credits applied for under this para- 32 graph in any year exceeds the aggregate amount of tax credits allowed 33 for such year under this paragraph, such excess shall be treated as 34 having been applied for on the first day of the next year. If the total 35 amount of allocated tax credits applied for under this paragraph at the 36 conclusion of any year is less than five million dollars each year 37 during the period two thousand fifteen through two thousand twenty-three 38 and fifteen million dollars each year during the period two thousand 39 twenty-four through two thousand thirty-four, the remainder shall be 40 treated as part of the annual allocation made available to the program 41 pursuant to paragraph four of subdivision (e) of this section. However, 42 in no event may the total of the credits allocated under this paragraph 43 and the credits allocated under paragraph five of subdivision (a) of 44 section thirty-one of this article exceed five million dollars [in any45year during the period two thousand fifteen through two thousand twen-46ty-nine]; provided further, however, that during the period two thousand 47 twenty-four through two thousand thirty-four, in no event may the total 48 of the credits allocated under this paragraph exceed fifteen million 49 dollars or the credits allocated under paragraph five of subdivision (a) 50 of section thirty-one of this article exceed five million dollars. 51 § 2-a. Paragraph 1 of subdivision (b) of section 24 of the tax law, as 52 amended by section 4 of part B of chapter 59 of the laws of 2013, is 53 amended to read as follows: 54 (1) "Qualified production costs" means production costs only to the 55 extent such costs are attributable to the use of tangible property or 56 the performance of services within the state directly and predominantlyA. 3009--B 9 1 in the production (including pre-production and post production) of a 2 qualified film. The aggregate total eligible qualified production 3 costs for producers, writers, directors, performers (other than back- 4 ground actors with no scripted lines), and composers shall not exceed 5 forty percent of the aggregate sum total of all other qualified 6 production costs. 7 § 3. Paragraph 2 of subdivision (b) of section 24 of the tax law, as 8 added by section 1 of part P of chapter 60 of the laws of 2004, is 9 amended to read as follows: 10 (2) "Production costs" means any costs for tangible property used and 11 services performed directly and predominantly in the production (includ- 12 ing pre-production and post production) of a qualified film. 13 "Production costs" shall not include (i) costs for a story, script or 14 scenario to be used for a qualified film and (ii) wages or salaries or 15 other compensation for writers, directors, [including music directors] 16 composers, producers and performers (other than background actors with 17 no scripted lines) to the extent those wages or salaries or other 18 compensation exceed five hundred thousand dollars per individual. 19 "Production costs" generally include technical and crew production 20 costs, such as expenditures for film production facilities, or any part 21 thereof, props, makeup, wardrobe, film processing, camera, sound record- 22 ing, set construction, lighting, shooting, editing and meals. 23 § 4. Paragraph 8 of subdivision (b) of section 24 of the tax law, as 24 added by section 2 of part B of chapter 59 of the laws of 2013, is 25 amended to read as follows: 26 (8) "Relocated television production" shall mean, notwithstanding the 27 limitations in subparagraph (i) of paragraph three of this subdivision, 28 a television production that is a talk or variety program that filmed at 29 least [five] two seasons outside the state prior to its first relocated 30 season in New York, the episodes are filmed before a studio audience of 31 two hundred or more, and the relocated television production incurs (i) 32 at least thirty million dollars in annual production costs in the state, 33 or (ii) at least ten million dollars in capital expenditures at a quali- 34 fied production facility in the state. 35 § 5. Subdivision (b) of section 24 of the tax law is amended by adding 36 a new paragraph 9 to read as follows: 37 (9) "Eligible relocated television series" shall mean the first two 38 years of a regularly occurring production intended to run in its initial 39 broadcast, regardless of the medium or mode of its distribution, in a 40 series of narrative and/or thematically related episodes, each of which 41 has a running time of at least thirty minutes in length (inclusive of 42 commercial advertisement and interstitial programming, if any). For the 43 purposes of this definition only, a television series produced by and 44 for media services providers described as streaming services and/or 45 digital platforms (and excluding network/cable) shall mean a regularly 46 occurring production intended to run in its initial release in a series 47 of narrative and/or thematically related episodes, the aggregate length 48 of which is at least seventy-five minutes, although the episodes them- 49 selves may vary in duration from the thirty minutes specified for 50 network/cable production, which had filmed a minimum of six episodes of 51 the television series outside the state immediately prior to relocating 52 to the state, where the television series had a total minimum budget of 53 at least one million dollars per episode. 54 § 6. Paragraph 4 of subdivision (e) of section 24 of the tax law, as 55 amended by section 3 of part M of chapter 59 of the laws of 2022, is 56 amended to read as follows:A. 3009--B 10 1 (4) Additional pool 2 - The aggregate amount of tax credits allowed in 2 subdivision (a) of this section shall be increased by an additional four 3 hundred twenty million dollars in each year starting in two thousand ten 4 through two thousand [twenty-nine] twenty-three and seven hundred 5 million dollars each year starting in two thousand twenty-four through 6 two thousand thirty-four, provided however, seven million dollars of the 7 annual allocation shall be available for the empire state film post 8 production credit pursuant to section thirty-one of this article in two 9 thousand thirteen and two thousand fourteen, twenty-five million dollars 10 of the annual allocation shall be available for the empire state film 11 post production credit pursuant to section thirty-one of this article in 12 each year starting in two thousand fifteen through two thousand [twen-13ty-nine and] twenty-three, and forty-five millions dollars of the annual 14 allocation shall be available for the empire state film post production 15 credit pursuant to section thirty-one of this article in each year 16 starting in two thousand twenty-four through two thousand thirty-four. 17 Provided further, five million dollars of the annual allocation shall be 18 made available for the television writers' and directors' fees and sala- 19 ries credit pursuant to section twenty-four-b of this article in each 20 year starting in two thousand twenty through two thousand [twenty-nine] 21 thirty-four. This amount shall be allocated by the [governor's office22for motion picture and television] department of economic development 23 among taxpayers in accordance with subdivision (a) of this section. If 24 the commissioner of economic development determines that the aggregate 25 amount of tax credits available from additional pool 2 for the empire 26 state film production tax credit have been previously allocated, and 27 determines that the pending applications from eligible applicants for 28 the empire state film post production tax credit pursuant to section 29 thirty-one of this article is insufficient to utilize the balance of 30 unallocated empire state film post production tax credits from such 31 pool, the remainder, after such pending applications are considered, 32 shall be made available for allocation in the empire state film tax 33 credit pursuant to this section, subdivision twenty of section two 34 hundred ten-B and subsection (gg) of section six hundred six of this 35 chapter. Also, if the commissioner of economic development determines 36 that the aggregate amount of tax credits available from additional pool 37 2 for the empire state film post production tax credit have been previ- 38 ously allocated, and determines that the pending applications from 39 eligible applicants for the empire state film production tax credit 40 pursuant to this section is insufficient to utilize the balance of unal- 41 located film production tax credits from such pool, then all or part of 42 the remainder, after such pending applications are considered, shall be 43 made available for allocation for the empire state film post production 44 credit pursuant to this section, subdivision thirty-two of section two 45 hundred ten-B and subsection (qq) of section six hundred six of this 46 chapter. The [governor's office for motion picture and television] 47 department of economic development must notify taxpayers of their allo- 48 cation year and include the allocation year on the certificate of tax 49 credit. Taxpayers eligible to claim a credit must report the allocation 50 year directly on their empire state film production credit tax form for 51 each year a credit is claimed and include a copy of the certificate with 52 their tax return. In the case of a qualified film that receives funds 53 from additional pool 2, no empire state film production credit shall be 54 claimed before the later of (1) the taxable year the production of the 55 qualified film is complete, or (2) the taxable year [immediately follow-56ing] that includes the last day of the allocation year for which theA. 3009--B 11 1 film has been allocated credit by the [governor's office for motion2picture and television] department of economic development. 3 § 7. Paragraph 4 of subdivision (e) of section 24 of the tax law, as 4 amended by section 4 of part M of chapter 59 of the laws of 2022, is 5 amended to read as follows: 6 (4) Additional pool 2 - The aggregate amount of tax credits allowed in 7 subdivision (a) of this section shall be increased by an additional four 8 hundred twenty million dollars in each year starting in two thousand ten 9 through two thousand [twenty-nine] twenty-three and seven hundred 10 million dollars in each year starting in two thousand twenty-four 11 through two thousand thirty-four, provided however, seven million 12 dollars of the annual allocation shall be available for the empire state 13 film post production credit pursuant to section thirty-one of this arti- 14 cle in two thousand thirteen and two thousand fourteen [and], twenty- 15 five million dollars of the annual allocation shall be available for the 16 empire state film post production credit pursuant to section thirty-one 17 of this article in each year starting in two thousand fifteen through 18 two thousand [twenty-nine] twenty-three, and forty-five million dollars 19 of the annual allocation shall be available for the empire state film 20 post production credit pursuant to section thirty-one of this article in 21 each year starting in two thousand twenty-four through two thousand 22 thirty-four. This amount shall be allocated by the [governor's office23for motion picture and television] department of economic development 24 among taxpayers in accordance with subdivision (a) of this section. If 25 the commissioner of economic development determines that the aggregate 26 amount of tax credits available from additional pool 2 for the empire 27 state film production tax credit have been previously allocated, and 28 determines that the pending applications from eligible applicants for 29 the empire state film post production tax credit pursuant to section 30 thirty-one of this article is insufficient to utilize the balance of 31 unallocated empire state film post production tax credits from such 32 pool, the remainder, after such pending applications are considered, 33 shall be made available for allocation in the empire state film tax 34 credit pursuant to this section, subdivision twenty of section two 35 hundred ten-B and subsection (gg) of section six hundred six of this 36 chapter. Also, if the commissioner of economic development determines 37 that the aggregate amount of tax credits available from additional pool 38 2 for the empire state film post production tax credit have been previ- 39 ously allocated, and determines that the pending applications from 40 eligible applicants for the empire state film production tax credit 41 pursuant to this section is insufficient to utilize the balance of unal- 42 located film production tax credits from such pool, then all or part of 43 the remainder, after such pending applications are considered, shall be 44 made available for allocation for the empire state film post production 45 credit pursuant to this section, subdivision thirty-two of section two 46 hundred ten-B and subsection (qq) of section six hundred six of this 47 chapter. The [governor's office for motion picture and television] 48 department of economic development must notify taxpayers of their allo- 49 cation year and include the allocation year on the certificate of tax 50 credit. Taxpayers eligible to claim a credit must report the allocation 51 year directly on their empire state film production credit tax form for 52 each year a credit is claimed and include a copy of the certificate with 53 their tax return. In the case of a qualified film that receives funds 54 from additional pool 2, no empire state film production credit shall be 55 claimed before the later of (1) the taxable year the production of the 56 qualified film is complete, or (2) the taxable year [immediately follow-A. 3009--B 12 1ing] that includes the last day of the allocation year for which the 2 film has been allocated credit by the [governor's office for motion3picture and television] department of economic development. 4 § 8. Paragraph 2 of subdivision (a) of section 31 of the tax law, as 5 amended by section 5 of part M of chapter 59 of the laws of 2020, is 6 amended to read as follows: 7 (2) The amount of the credit shall be the product (or pro rata share 8 of the product, in the case of a member of a partnership) of [twenty-9five] thirty percent and the qualified post production costs paid in the 10 production of a qualified film at a qualified post production facility 11 located within the metropolitan commuter transportation district as 12 defined in section twelve hundred sixty-two of the public authorities 13 law or [thirty] thirty-five percent and the qualified post production 14 costs paid in the production of a qualified film at a qualified post 15 production facility located elsewhere in the state. 16 § 9. Paragraph 6 of subdivision (a) of section 31 of the tax law, as 17 amended by section 6 of part M of chapter 59 of the laws of 2022, is 18 amended to read as follows: 19 (6) For the period two thousand fifteen through two thousand [twenty-20nine] thirty-four, in addition to the amount of credit established in 21 paragraph two of this subdivision, a taxpayer shall be allowed a credit 22 equal to the product (or pro rata share of the product, in the case of a 23 member of a partnership) of ten percent and the amount of wages or sala- 24 ries paid to individuals directly employed (excluding those employed as 25 writers, directors, [music directors] composers, producers and perform- 26 ers, [including] other than background actors with no scripted lines) 27 for services performed by those individuals in one of the counties spec- 28 ified in this paragraph in connection with the post production work on a 29 qualified film with a minimum budget of five hundred thousand dollars at 30 a qualified post production facility in one of the counties listed in 31 this paragraph. For purposes of this additional credit, the services 32 must be performed in one or more of the following counties: Albany, 33 Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, 34 Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, 35 Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Living- 36 ston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, 37 Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenec- 38 tady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, 39 Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, or Yates. 40 The aggregate amount of tax credits allowed pursuant to the authority of 41 this paragraph shall be five million dollars each year during the period 42 two thousand fifteen through two thousand [twenty-nine] thirty-four of 43 the annual allocation made available to the empire state film post 44 production credit pursuant to paragraph four of subdivision (e) of 45 section twenty-four of this article. Such aggregate amount of credits 46 shall be allocated by the [governor's office for motion picture and47television] department of economic development among taxpayers in order 48 of priority based upon the date of filing an application for allocation 49 of post production credit with such office. If the total amount of allo- 50 cated credits applied for under this paragraph in any year exceeds the 51 aggregate amount of tax credits allowed for such year under this para- 52 graph, such excess shall be treated as having been applied for on the 53 first day of the next year. If the total amount of allocated tax credits 54 applied for under this paragraph at the conclusion of any year is less 55 than five million dollars, the remainder shall be treated as part of the 56 annual allocation for two thousand seventeen made available to theA. 3009--B 13 1 empire state film post production credit pursuant to paragraph four of 2 subdivision (e) of section twenty-four of this article. However, in no 3 event may the total of the credits allocated under this paragraph and 4 the credits allocated under paragraph five of subdivision (a) of section 5 twenty-four of this article exceed five million dollars in any year 6 during the period two thousand fifteen through two thousand [twenty-7nine] thirty-four. 8 § 9-a. Paragraph 3 of subdivision (b) of section 24 of the tax law, as 9 amended by section 5 of part F of chapter 59 of the laws of 2021, is 10 amended to read as follows: 11 (3) "Qualified film" means a feature-length film, television film, 12 relocated television production, television pilot or television series, 13 regardless of the medium by means of which the film, pilot or series is 14 created or conveyed. For the purposes of the credit provided by this 15 section only, a "qualified film" whose majority of principal photography 16 shooting days in the production of the qualified film are shot in West- 17 chester, Rockland, Nassau, or Suffolk county or any of the five New York 18 City boroughs shall have a minimum budget of one million dollars. A 19 "qualified film", whose majority of principal photography shooting days 20 in the production of the qualified film are shot in any other county of 21 the state than those listed in the preceding sentence shall have a mini- 22 mum budget of two hundred fifty thousand dollars. "Qualified film" shall 23 not include: (i) a documentary film, news or current affairs program, 24 interview or talk program, "how-to" (i.e., instructional) film or 25 program, film or program consisting primarily of stock footage, sporting 26 event or sporting program, game show, award ceremony, film or program 27 intended primarily for industrial, corporate or institutional end-users, 28 fundraising film or program, daytime drama (i.e., daytime "soap opera"), 29 commercials, music videos or "reality" program; (ii) a production for 30 which records are required under section 2257 of title 18, United States 31 code, to be maintained with respect to any performer in such production 32 (reporting of books, films, etc. with respect to sexually explicit 33 conduct); or (iii) other than a relocated television production, a tele- 34 vision series commonly known as variety entertainment, variety sketch 35 and variety talk, i.e., a program with components of improvisational or 36 scripted content (monologues, sketches, interviews), either exclusively 37 or in combination with other entertainment elements such as musical 38 performances, dancing, cooking, crafts, pranks, stunts, and games and 39 which may be further defined in regulations of the commissioner of 40 economic development. However, a qualified film shall include a tele- 41 vision series as described in subparagraph (iii) of this paragraph only 42 if an application for such series has been deemed conditionally eligible 43 for the tax credit under this section prior to April first, two thousand 44 twenty, such series remains in continuous production for each season, 45 and an annual application for each season of such series is continually 46 submitted for such series after April first, two thousand twenty. 47 Notwithstanding subparagraph (iii) of this paragraph, an entity receiv- 48 ing a credit pursuant to this section for a television series commonly 49 known as variety entertainment, that would otherwise be prohibited from 50 receiving a tax credit, shall be eligible for a new variety enter- 51 tainment show credit if the amount of the initial year credit does not 52 exceed the previous year's amount, at least fifty percent of the staff 53 are maintained in the first year of the credit, the same eligible entity 54 applies for the subsequent season's credit, and such application is made 55 prior to March thirty-first, two thousand twenty-four.A. 3009--B 14 1 § 10. This act shall take effect immediately for initial applications 2 received on or after such effective date; provided, however, that the 3 amendments to paragraph 4 of subdivision (e) of section 24 of the tax 4 law made by section six of this act shall take effect on the same date 5 and in the same manner as section 6 of chapter 683 of the laws of 2019, 6 as amended, takes effect. 7 PART E 8 Section 1. Section 1085 of the tax law is amended by adding a new 9 subsection (e-1) to read as follows: 10 (e-1) Waiver of addition for underpayment of estimated tax. No addi- 11 tion to tax shall be imposed under subsection (c) of this section with 12 respect to any underpayment to the extent the commissioner determines 13 that by reason of casualty, disaster or other unusual circumstances the 14 imposition of such addition to tax would be against equity and good 15 conscience. 16 § 2. This act shall take effect immediately. 17 PART F 18 Section 1. Subdivision 4 of section 484 of the economic development 19 law, as added by section 1 of part E of chapter 59 of the laws of 2022, 20 is amended to read as follows: 21 4. The business entity must submit its application by [March thirty-22first] September thirtieth, two thousand twenty-three. 23 § 2. This act shall take effect immediately. 24 PART G 25 Section 1. Article 6 of the social services law is amended by adding a 26 new title 1-A to read as follows: 27 TITLE 1-A 28 CHILD CARE CREATION AND EXPANSION TAX CREDIT PROGRAM 29 Section 394. Short title. 30 394-a. Definitions. 31 394-b. Eligibility criteria. 32 394-c. Application and approval process. 33 394-d. Child care creation and expansion tax credit. 34 394-e. Allocation of credit. 35 394-f. Powers and duties of the commissioner. 36 394-g. Maintenance of records. 37 § 394. Short title. This title shall be known and may be cited as the 38 "child care creation and expansion tax credit program act". 39 § 394-a. Definitions. For the purposes of this title: 40 1. "Certificate of tax credit" shall mean the document issued to a 41 business entity by the office after the office has verified that the 42 business entity has met all applicable eligibility criteria in this 43 title. The certificate shall specify the exact amount of the tax credit 44 under this title that a business entity may claim, pursuant to section 45 three hundred ninety-four-d of this title, and the service year. 46 2. "Child care program" shall mean a child day care for which a 47 license or registration to operate such program has been issued by the 48 office pursuant to section three hundred ninety of this article. 49 3. "Child care rate" shall mean the weekly child care subsidy market 50 rates, based on the eightieth percentile of the 2021-22 New York stateA. 3009--B 15 1 child care market rate survey, for infant and toddler care provided by a 2 licensed or registered child care program, as reflected in the 2022 3 child care market rate survey report published by the office in compli- 4 ance with section 98.45 of title forty-five of the code of federal regu- 5 lations. 6 4. "Child care seats" shall mean the maximum number of children to be 7 allowed on the premises of a child care program at any time that such 8 program is in operation as specified on the license or registration 9 issued for such program by the office. 10 5. "Creates child care" shall mean the making available of child care 11 seats in a child care program by a business entity, directly or through 12 a third-party, for employees of such business entity, where such child 13 care program was not available prior to April first, two thousand twen- 14 ty-three, provided that the costs imposed on such employees for such 15 child care program do not exceed forty percent of the child care rate. 16 6. "Commissioner" shall mean commissioner of the office of children 17 and family services. 18 7. "Expands child care" shall mean the increase in the number of child 19 care seats in a child care program made available by a business entity, 20 directly or through a third party, for employees of such business enti- 21 ty, provided that such increase requires a new or amended license or 22 registration issued by the office pursuant to section three hundred 23 ninety of this article on or after April first, two thousand twenty- 24 three, and, provided further, that the costs imposed on such employees 25 for such child care program do not exceed forty percent of the child 26 care rate. 27 8. "Occupied" shall mean, for each service year in which a child care 28 program is in operation, the average daily number of children in attend- 29 ance on the premises of such child care program. 30 9. "Office" shall mean the office of children and family services. 31 10. "Service year" shall mean the twelve-month period, or portion 32 thereof, commencing on January first and ending on December thirty- 33 first. 34 § 394-b. Eligibility criteria. 1. To be eligible for a tax credit 35 under the child care creation and expansion tax credit program, a busi- 36 ness entity must: 37 (a) be a business entity that is required to file a tax return pursu- 38 ant to article nine-A, twenty-two or thirty-three of the tax law; 39 (b) be a child care program, or contract with such child care program, 40 as defined in this title that is licensed or registered pursuant to 41 section three hundred ninety of this article; 42 (c) create or expand child care seats, directly or through a third 43 party, for the employees of such business entity on or after April 44 first, two thousand twenty-three and before January first, two thousand 45 twenty-five; 46 (d) operate a business location in New York state; 47 (e) be in substantial compliance with any child care licensing laws 48 and regulations related to the entity's business sector or other laws 49 and regulations as determined by the commissioner; and 50 (f) not owe past due state taxes or local property taxes unless the 51 business entity is making payments and complying with an approved bind- 52 ing payment agreement entered into with the taxing authority. 53 § 394-c. Application and approval process. 1. A business entity must 54 submit a complete application as prescribed by the commissioner by the 55 thirty-first of January after the end of the service year.A. 3009--B 16 1 2. The commissioner shall establish procedures for a business entity 2 to submit applications. As part of the application, each business entity 3 must: 4 (a) provide evidence in a form and manner prescribed by the commis- 5 sioner of their business eligibility; 6 (b) provide the license or registration issued to the business entity, 7 directly or through a third party, by the office to operate a child care 8 program indicating the number of child care seats created or, in the 9 case of a child care program that has experienced an expansion of child 10 care seats, the license or registration issued by the office demonstrat- 11 ing such expansion; 12 (c) provide evidence in a form and manner prescribed by the commis- 13 sioner establishing: 14 (i) the total number of child care seats that were occupied during the 15 service year; 16 (ii) of such total number of child care seats that were occupied, the 17 number of infant child care seats that were occupied and the number of 18 toddler child care seats that were occupied; 19 (iii) that, to the extent the business entity, directly or through a 20 third party, has expanded child care, the number of child care seats in 21 existence before such expansion and the number of such child care seats 22 that were occupied before such expansion; and 23 (iv) that the costs imposed on the business entity's employees for 24 such child care program do not exceed forty percent of the child care 25 rate. 26 (d) agree to allow the department of taxation and finance to share the 27 business entity's tax information relevant to the administration of this 28 title with the office. However, any information shared as a result of 29 this title shall not be available for disclosure or inspection under the 30 state freedom of information law; 31 (e) allow the office and its agents access to any and all books and 32 records the office may require to monitor compliance; and 33 (f) agree to provide any additional information required by the office 34 relevant to this title. 35 3. After reviewing a business entity's completed final application and 36 determining that the business entity meets the eligibility criteria as 37 set forth in this title, the office may issue to that business entity a 38 certificate of tax credit, which shall set forth the amount of the cred- 39 it that may be claimed and the service year. 40 § 394-d. Child care creation and expansion tax credit. Allowance of 41 credit. 1. A business entity in the child care creation and expansion 42 tax credit program that meets the eligibility requirements of section 43 three hundred ninety-four-b of this title may be eligible to claim a 44 credit for the portion of the service year in which the child care 45 program was in operation, equal to the sum of: (a) the product of the 46 number of infant child care seats that have been created or expanded and 47 twenty percent of the child care rate for such infant child care seats 48 and (b) the product of the number of toddler child care seats that have 49 been created or expanded and twenty percent of the child care rate for 50 such toddler child care seats; provided that such infant and toddler 51 child care seats are child care seats that are occupied. Notwithstand- 52 ing the preceding sentence, a credit shall not be allowed for more than 53 twenty-five child care seats that are occupied, and the amount of such 54 credit may be reduced as a result of an allocation of available funds, 55 as described in section three hundred ninety-four-e of this title.A. 3009--B 17 1 2. The credit shall be allowed as provided in section forty-eight, 2 subdivision fifty-nine of section two hundred ten-B, subsection (ooo) of 3 section six hundred six and subdivision (ee) of section fifteen hundred 4 eleven of the tax law. 5 § 394-e. Allocation of credit. The aggregate amount of tax credits 6 allowed under this title, subdivision fifty-nine of section two hundred 7 ten-B, subsection (ooo) of section six hundred six and subdivision (ee) 8 of section fifteen eleven of the tax law shall be twenty-five million 9 dollars each year during the period two thousand twenty-three and two 10 thousand twenty-four. Such aggregate amount of credits shall be allo- 11 cated by the office on a pro rata basis to each business entity that 12 demonstrates eligibility pursuant to section three hundred ninety-four-b 13 of this title. 14 § 394-f. Powers and duties of the commissioner. 1. The commissioner 15 may promulgate regulations establishing an application process and 16 eligibility criteria, which will be applied consistent with the purposes 17 of this title so as not to exceed the annual cap on tax credits set 18 forth in this title, that, notwithstanding any provisions to the contra- 19 ry in the state administrative procedure act, may be adopted on an emer- 20 gency basis. 21 2. The commissioner shall, in consultation with the department of 22 taxation and finance, develop a certificate of tax credit that shall be 23 issued by the commissioner to eligible businesses. Such certificate 24 shall contain such information as required by the department of taxation 25 and finance. 26 3. The commissioner shall solely determine the eligibility of any 27 business entity applying for entry into the program and shall remove any 28 business entity from the program for failing to meet any of the require- 29 ments set forth in section three hundred ninety-four-b of this title. 30 § 394-g. Maintenance of records. Each business entity participating in 31 the program shall keep all relevant records for the duration of their 32 participation in the program for at least three years. 33 § 2. The tax law is amended by adding a new section 48 to read as 34 follows: 35 § 48. Child care creation and expansion tax credit. (a) Allowance of 36 credit. A taxpayer subject to tax under article nine-A, twenty-two or 37 thirty-three of this chapter shall be allowed a credit against such tax, 38 pursuant to the provisions referenced in subdivision (f) of this 39 section. The amount of the credit is equal to the amount determined 40 pursuant to section three hundred ninety-four-d of the social services 41 law and shall be claimed in the taxable year that includes the last day 42 of the service year for which the credit is calculated. No cost or 43 expense paid or incurred by the taxpayer that is included as part of the 44 calculation of this credit shall be the basis of any other tax credit 45 allowed under this chapter. 46 (b) Eligibility. To be eligible for the child care creation and expan- 47 sion tax credit, the taxpayer shall have been issued a certificate of 48 tax credit by the office of children and family services pursuant to 49 section three hundred ninety-four-c of the social services law. A 50 taxpayer that is a partner in a partnership, member of a limited liabil- 51 ity company or shareholder in a subchapter S corporation that has 52 received a certificate of tax credit shall be allowed its pro rata share 53 of the credit earned by the partnership, limited liability company or 54 subchapter S corporation. 55 (c) Tax return requirement. The taxpayer shall be required to attach 56 to its tax return in the form prescribed by the commissioner, proof ofA. 3009--B 18 1 receipt of its certificate of tax credit issued by the commissioner of 2 the office of children and family services. 3 (d) Information sharing. Notwithstanding any provision of this chap- 4 ter, employees of the office of children and family services and the 5 department shall be allowed and are directed to share and exchange: 6 (1) information regarding the credit applied for, allowed or claimed 7 pursuant to this section and taxpayers that are applying for the credit 8 or that are claiming the credit; and 9 (2) information contained in or derived from credit claim forms 10 submitted to the department. Except as provided in paragraph one of this 11 subdivision, all information exchanged between the office of children 12 and family services and the department shall not be subject to disclo- 13 sure or inspection under the state's freedom of information law. 14 (e) Credit recapture. If a certificate of tax credit issued by the 15 office of children and family services under title 1-A of article six of 16 the social services law is revoked by such office, the amount of credit 17 described in this section and claimed by the taxpayer prior to that 18 revocation shall be added back to tax in the taxable year in which any 19 such revocation becomes final. 20 (f) Cross references. For application of the credit provided for in 21 this section, see the following provisions of this chapter: 22 (1) article 9-A: section 210-B, subdivision 59; 23 (2) article 22: section 606, subsection (ooo); 24 (3) article 33: section 1511, subdivision (ee). 25 § 3. Section 210-B of the tax law is amended by adding a new subdivi- 26 sion 59 to read as follows: 27 59. Child care creation and expansion tax credit. (a) Allowance of 28 credit. A taxpayer shall be allowed a credit, to be computed as 29 provided in section forty-eight of this chapter, against the taxes 30 imposed by this article. 31 (b) Application of credit. The credit allowed under this subdivision 32 for the taxable year shall not reduce the tax due for such year to less 33 than the amount prescribed in paragraph (d) of subdivision one of 34 section two hundred ten of this article. However, if the amount of cred- 35 it allowed under this subdivision for the taxable year reduces the tax 36 to such amount or if the taxpayer otherwise pays tax based on the fixed 37 dollar minimum amount, any amount of credit thus not deductible in such 38 taxable year shall be treated as an overpayment of tax to be credited or 39 refunded in accordance with the provisions of section one thousand 40 eighty-six of this chapter. Provided, however, the provisions of 41 subsection (c) of section one thousand eighty-eight of this chapter 42 notwithstanding, no interest will be paid thereon. 43 § 4. Section 606 of the tax law is amended by adding a new subsection 44 (ooo) to read as follows: 45 (ooo) Child care creation and expansion tax credit. (1) Allowance of 46 credit. A taxpayer shall be allowed a credit, to be computed as provided 47 in section forty-eight of this chapter, against the tax imposed by this 48 article. 49 (2) Application of credit. If the amount of the credit allowed under 50 this subsection for the taxable year exceeds the taxpayer's tax for such 51 year, the excess shall be treated as an overpayment of tax to be credit- 52 ed or refunded in accordance with the provisions of section six hundred 53 eighty-six of this article, provided, however, that no interest will be 54 paid thereon. 55 § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 56 of the tax law is amended by adding a new clause (l) to read as follows:A. 3009--B 19 1 (l) Child care creation and Amount of credit 2 expansion tax credit under under subdivision 59 3 subsection (ooo) of section two hundred 4 ten-B 5 § 6. Section 1511 of the tax law is amended by adding a new subdivi- 6 sion (ee) to read as follows: 7 (ee) Child care creation and expansion tax credit. (1) Allowance of 8 credit. A taxpayer shall be allowed a credit, to be computed as provided 9 in section forty-eight of this chapter, against the tax imposed by this 10 article. 11 (2) Application of credit. The credit allowed under this subdivision 12 shall not reduce the tax due for such year to be less than the minimum 13 fixed by paragraph four of subdivision (a) of section fifteen hundred 14 two or section fifteen hundred two-a of this article, whichever is 15 applicable. However, if the amount of the credit allowed under this 16 subdivision for any taxable year reduces the taxpayer's tax to such 17 amount, any amount of credit thus not deductible will be treated as an 18 overpayment of tax to be credited or refunded in accordance with the 19 provisions of section one thousand eighty-six of this chapter. 20 Provided, however, the provisions of subsection (c) of one thousand 21 eighty-eight of this chapter notwithstanding, no interest shall be paid 22 thereon. 23 § 7. This act shall take effect immediately. 24 PART H 25 Section 1. Paragraph 5 of subdivision (d) of section 1201-a of the tax 26 law, as amended by chapter 260 of the laws of 2015, is amended to read 27 as follows: 28 5. Any local law adopted pursuant to this subdivision may provide for 29 a credit as authorized by this subdivision for a maximum of three 30 consecutive calendar years, provided, however, that any such credit may 31 not apply to taxable years beginning before January first, two thousand 32 [ten] twenty-three or beginning on or after January first, two thousand 33 [nineteen] twenty-six. 34 § 2. This act shall take effect immediately. 35 PART I 36 Section 1. This Part enacts into law major components of legislation 37 relating to extending various taxes and tax credits. Each component is 38 wholly contained within a Subpart identified as Subparts A through E. 39 The effective date for each particular provision contained within such 40 Subpart is set forth in the last section of such Subpart. Any provision 41 in any section contained within a Subpart, including the effective date 42 of the Subpart, which makes reference to a section "of this act", when 43 used in connection with that particular component, shall be deemed to 44 mean and refer to the corresponding section of the Subpart in which it 45 is found. Section three of this Part sets forth the general effective 46 date of this Part. 47 SUBPART A 48 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of 49 section 210 of the tax law, as amended by section 1 of part HHH of chap- 50 ter 59 of the laws of 2021, is amended to read as follows:A. 3009--B 20 1 For taxable years beginning before January first, two thousand 2 sixteen, the amount prescribed by this paragraph shall be computed at 3 the rate of seven and one-tenth percent of the taxpayer's business 4 income base. For taxable years beginning on or after January first, two 5 thousand sixteen, the amount prescribed by this paragraph shall be six 6 and one-half percent of the taxpayer's business income base. For taxable 7 years beginning on or after January first, two thousand twenty-one and 8 before January first, two thousand [twenty-four] twenty-three for any 9 taxpayer with a business income base for the taxable year of more than 10 five million dollars, the amount prescribed by this paragraph shall be 11 seven and one-quarter percent of the taxpayer's business income base. 12 For taxable years beginning on or after January first two thousand twen- 13 ty-three and before January first, two thousand twenty-seven for any 14 taxpayer with a business income base for the taxable year of more than 15 five million dollars, the amount prescribed by this paragraph shall be 16 nine and one-quarter percent of the taxpayer's business income base. The 17 taxpayer's business income base shall mean the portion of the taxpayer's 18 business income apportioned within the state as hereinafter provided. 19 However, in the case of a small business taxpayer, as defined in para- 20 graph (f) of this subdivision, the amount prescribed by this paragraph 21 shall be computed pursuant to subparagraph (iv) of this paragraph and in 22 the case of a manufacturer, as defined in subparagraph (vi) of this 23 paragraph, the amount prescribed by this paragraph shall be computed 24 pursuant to subparagraph (vi) of this paragraph, and, in the case of a 25 qualified emerging technology company, as defined in subparagraph (vii) 26 of this paragraph, the amount prescribed by this paragraph shall be 27 computed pursuant to subparagraph (vii) of this paragraph. 28 § 2. Subparagraph 1 of paragraph (b) of subdivision 1 of section 210 29 of the tax law, as amended by section 2 of part HHH of chapter 59 of the 30 laws of 2021, is amended to read as follows: 31 (1) (i) The amount prescribed by this paragraph shall be computed 32 at .15 percent for each dollar of the taxpayer's total business capital, 33 or the portion thereof apportioned within the state as hereinafter 34 provided for taxable years beginning before January first, two thousand 35 sixteen. However, in the case of a cooperative housing corporation as 36 defined in the internal revenue code, the applicable rate shall be .04 37 percent until taxable years beginning on or after January first, two 38 thousand twenty and zero percent for taxable years beginning on or after 39 January first, two thousand twenty-one. The rate of tax for subsequent 40 tax years shall be as follows: .125 percent for taxable years beginning 41 on or after January first, two thousand sixteen and before January 42 first, two thousand seventeen; .100 percent for taxable years beginning 43 on or after January first, two thousand seventeen and before January 44 first, two thousand eighteen; .075 percent for taxable years beginning 45 on or after January first, two thousand eighteen and before January 46 first, two thousand nineteen; .050 percent for taxable years beginning 47 on or after January first, two thousand nineteen and before January 48 first, two thousand twenty; .025 percent for taxable years beginning on 49 or after January first, two thousand twenty and before January first, 50 two thousand twenty-one; and .1875 percent for years beginning on or 51 after January first, two thousand twenty-one and before January first, 52 two thousand [twenty-four] twenty-seven, and zero percent for taxable 53 years beginning on or after January first, two thousand [twenty-four] 54 twenty-seven. Provided however, for taxable years beginning on or after 55 January first, two thousand twenty-one, the rate of tax for a small 56 business as defined in paragraph (f) of this subdivision shall be zeroA. 3009--B 21 1 percent. The rate of tax for a qualified New York manufacturer shall be 2 .132 percent for taxable years beginning on or after January first, two 3 thousand fifteen and before January first, two thousand sixteen, .106 4 percent for taxable years beginning on or after January first, two thou- 5 sand sixteen and before January first, two thousand seventeen, .085 6 percent for taxable years beginning on or after January first, two thou- 7 sand seventeen and before January first, two thousand eighteen; .056 8 percent for taxable years beginning on or after January first, two thou- 9 sand eighteen and before January first, two thousand nineteen; .038 10 percent for taxable years beginning on or after January first, two thou- 11 sand nineteen and before January first, two thousand twenty; .019 12 percent for taxable years beginning on or after January first, two thou- 13 sand twenty and before January first, two thousand twenty-one; and zero 14 percent for years beginning on or after January first, two thousand 15 twenty-one. (ii) In no event shall the amount prescribed by this para- 16 graph exceed three hundred fifty thousand dollars for qualified New York 17 manufacturers and for all other taxpayers five million dollars. 18 § 3. Section 218 of the tax law, as added by chapter 69 of the laws of 19 1978, is amended to read as follows: 20 § 218. Deposit and disposition of revenue. 1. All taxes, interest and 21 penalties collected or received by the tax commission under this article 22 shall be deposited and disposed of pursuant to the provisions of section 23 one hundred seventy-one-a of this chapter. 24 2. Provided, however, after the comptroller retains an amount neces- 25 sary for refunds and reimbursements to which taxpayers shall be entitled 26 under this article as described in section one hundred seventy-one-a of 27 this chapter, she or he shall deposit into the credit of the corporate 28 transportation account of the metropolitan transportation authority 29 special assistance fund established by section twelve hundred seventy-a 30 of the public authorities law for the costs of the New York city transit 31 authority, to be applied as provided in paragraph (e) of subdivision 32 four of such section in the following amounts: (i) in state fiscal year 33 two thousand twenty-three--two thousand twenty-four, an amount equal to 34 six hundred ninety-two million dollars; and (ii) in state fiscal year 35 two thousand twenty-four--two thousand twenty-five, an amount equal to 36 nine hundred twenty-three million dollars; and (iii) in state fiscal 37 year two thousand twenty-five--two thousand twenty-six, an amount equal 38 to seven hundred fifty-two million dollars; and (iv) in state fiscal 39 year two thousand twenty-six--two thousand twenty-seven, an amount equal 40 to eight hundred seventeen million dollars. 41 3. Provided further, after such funds are distributed pursuant to 42 subdivision two of this section but before such funds are distributed 43 pursuant to subdivision one of this section, such funds shall be 44 distributed into the credit of the metropolitan mass transportation 45 operating assistance account established by section eighty-eight-a of 46 the state finance law in the following amounts: (i) in state fiscal 47 year two thousand twenty-three--two thousand twenty-four, an amount 48 equal to one hundred thirty million dollars; and (ii) in state fiscal 49 year two thousand twenty-four--two thousand twenty-five, an amount equal 50 to one hundred seventy-three million dollars; and (iii) in state fiscal 51 year two thousand twenty-five--two thousand twenty-six, an amount equal 52 to one hundred forty-one million dollars; and (iv) in state fiscal year 53 two thousand twenty-six--two thousand twenty-seven an amount equal to 54 one hundred fifty-three million dollars. 55 4. And, provided further, after funds are distributed pursuant to 56 subdivisions two and three of this section, but before such funds areA. 3009--B 22 1 distributed pursuant to subdivision one of this section, such funds 2 shall be deposited into the credit of the public transportation systems 3 operating assistance account established by section eighty-eight-a of 4 the state finance law in the following amounts: (i) in state fiscal year 5 two thousand twenty-three--two thousand twenty-four, an amount equal to 6 forty-three million dollars; and (ii) in state fiscal year two thousand 7 twenty-four--two thousand twenty-five, an amount equal to fifty-eight 8 million dollars; and (iii) in state fiscal year two thousand twenty- 9 five--two thousand twenty-six, an amount equal to forty-seven million 10 dollars; and (iv) in state fiscal year two thousand twenty-six--two 11 thousand twenty-seven, an amount equal to fifty-one million dollars. 12 § 4. The closing paragraph of subdivision 1 of section 1270-a of the 13 public authorities law, as amended by section 7 of part FF of chapter 58 14 of the laws of 2019, is amended to read as follows: 15 The authority shall make deposits in the transit account and the 16 commuter railroad account of the moneys received by it pursuant to the 17 provisions of subdivision one of section two hundred sixty-one of the 18 tax law in accordance with the provisions thereof, and shall make depos- 19 its in the corporate transportation account of the moneys received by it 20 pursuant to the provisions of subdivision two of section two hundred 21 sixty-one of the tax law and section ninety-two-ff of the state finance 22 law. The comptroller shall deposit, without appropriation, into the 23 corporate transportation account the revenue fees, taxes, interest and 24 penalties collected in accordance with paragraph (b-1) of subdivision 25 two of section five hundred three of the vehicle and traffic law, para- 26 graph (c-3) of subdivision two of section five hundred three of the 27 vehicle and traffic law, article seventeen-C of the vehicle and traffic 28 law, article twenty-nine-A of the tax law [and], section eleven hundred 29 sixty-six-a of the tax law, and subdivision two of section two hundred 30 eighteen of the tax law. 31 § 5. Paragraph (a) of subdivision 7 of section 88-a of the state 32 finance law, as added by chapter 481 of the laws of 1981, is amended to 33 read as follows: 34 (a) The "metropolitan mass transportation operating assistance 35 account" shall consist of the revenues derived from the taxes for the 36 metropolitan transportation district imposed by section eleven hundred 37 nine of the tax law and that proportion of the receipts received pursu- 38 ant to the tax imposed by article [nine-a] nine-A of such law as speci- 39 fied in section one hundred seventy-one-a of such law, [and] that 40 proportion of the receipts received pursuant to the tax imposed by arti- 41 cle nine of such law as specified in section two hundred five of such 42 law, and subdivision three of section two hundred eighteen of the tax 43 law and the receipts required to be deposited pursuant to the provisions 44 of section one hundred eighty-two-a, and all other moneys credited or 45 transferred thereto from any other fund or source pursuant to law. 46 § 6. Paragraph (a) of subdivision 5 of section 88-a of the state 47 finance law, as added by chapter 481 of the laws of 1981, is amended to 48 read as follows: 49 (a) The "public transportation systems operating assistance account" 50 shall consist of revenues required to be deposited therein pursuant to 51 the provisions of section one hundred eighty-two-a of the tax law, 52 subdivision four of section two hundred eighteen of the tax law and all 53 other moneys credited or transferred thereto from any other fund or 54 source pursuant to law. 55 § 7. Subdivision 1 of section 171-a of the tax law, as amended by 56 chapter 129 of the laws of 2022, is amended to read as follows:A. 3009--B 23 1 1. All taxes, interest, penalties and fees collected or received by 2 the commissioner or the commissioner's duly authorized agent under arti- 3 cles nine (except section one hundred eighty-two-a thereof and except as 4 otherwise provided in section two hundred five thereof), nine-A (except 5 as otherwise provided in section two hundred eighteen therefor), 6 twelve-A (except as otherwise provided in section two hundred eighty- 7 four-d thereof), thirteen, thirteen-A (except as otherwise provided in 8 section three hundred twelve thereof), eighteen, nineteen, twenty 9 (except as otherwise provided in section four hundred eighty-two there- 10 of), twenty-B, twenty-C, twenty-D, twenty-one, twenty-two, twenty-four, 11 twenty-four-A, twenty-six, twenty-eight (except as otherwise provided in 12 section eleven hundred two or eleven hundred three thereof), 13 twenty-eight-A, twenty-eight-D (except as otherwise provided in section 14 eleven hundred ninety-seven, twenty-nine-B),[,] thirty-one (except as 15 otherwise provided in section fourteen hundred twenty-one thereof), 16 thirty-three and thirty-three-A of this chapter shall be deposited daily 17 in one account with such responsible banks, banking houses or trust 18 companies as may be designated by the comptroller, to the credit of the 19 comptroller. Such an account may be established in one or more of such 20 depositories. Such deposits shall be kept separate and apart from all 21 other money in the possession of the comptroller. The comptroller shall 22 require adequate security from all such depositories. Of the total 23 revenue collected or received under such articles of this chapter, the 24 comptroller shall retain in the comptroller's hands such amount as the 25 commissioner may determine to be necessary for refunds or reimbursements 26 under such articles of this chapter out of which amount the comptroller 27 shall pay any refunds or reimbursements to which taxpayers shall be 28 entitled under the provisions of such articles of this chapter. The 29 commissioner and the comptroller shall maintain a system of accounts 30 showing the amount of revenue collected or received from each of the 31 taxes imposed by such articles. The comptroller, after reserving the 32 amount to pay such refunds or reimbursements, shall, on or before the 33 tenth day of each month, pay into the state treasury to the credit of 34 the general fund all revenue deposited under this section during the 35 preceding calendar month and remaining to the comptroller's credit on 36 the last day of such preceding month, (i) except that the comptroller 37 shall pay to the state department of social services that amount of 38 overpayments of tax imposed by article twenty-two of this chapter and 39 the interest on such amount which is certified to the comptroller by the 40 commissioner as the amount to be credited against past-due support 41 pursuant to subdivision six of section one hundred seventy-one-c of this 42 article, (ii) and except that the comptroller shall pay to the New York 43 state higher education services corporation and the state university of 44 New York or the city university of New York respectively that amount of 45 overpayments of tax imposed by article twenty-two of this chapter and 46 the interest on such amount which is certified to the comptroller by the 47 commissioner as the amount to be credited against the amount of defaults 48 in repayment of guaranteed student loans and state university loans or 49 city university loans pursuant to subdivision five of section one 50 hundred seventy-one-d and subdivision six of section one hundred seven- 51 ty-one-e of this article, (iii) and except further that, notwithstanding 52 any law, the comptroller shall credit to the revenue arrearage account, 53 pursuant to section ninety-one-a of the state finance law, that amount 54 of overpayment of tax imposed by article nine, nine-A, twenty-two, thir- 55 ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest 56 thereon, which is certified to the comptroller by the commissioner asA. 3009--B 24 1 the amount to be credited against a past-due legally enforceable debt 2 owed to a state agency pursuant to paragraph (a) of subdivision six of 3 section one hundred seventy-one-f of this article, provided, however, he 4 shall credit to the special offset fiduciary account, pursuant to 5 section ninety-one-c of the state finance law, any such amount credita- 6 ble as a liability as set forth in paragraph (b) of subdivision six of 7 section one hundred seventy-one-f of this article, (iv) and except 8 further that the comptroller shall pay to the city of New York that 9 amount of overpayment of tax imposed by article nine, nine-A, twenty- 10 two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any 11 interest thereon that is certified to the comptroller by the commission- 12 er as the amount to be credited against city of New York tax warrant 13 judgment debt pursuant to section one hundred seventy-one-l of this 14 article, (v) and except further that the comptroller shall pay to a 15 non-obligated spouse that amount of overpayment of tax imposed by arti- 16 cle twenty-two of this chapter and the interest on such amount which has 17 been credited pursuant to section one hundred seventy-one-c, one hundred 18 seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or 19 one hundred seventy-one-l of this article and which is certified to the 20 comptroller by the commissioner as the amount due such non-obligated 21 spouse pursuant to paragraph six of subsection (b) of section six 22 hundred fifty-one of this chapter; and (vi) the comptroller shall deduct 23 a like amount which the comptroller shall pay into the treasury to the 24 credit of the general fund from amounts subsequently payable to the 25 department of social services, the state university of New York, the 26 city university of New York, or the higher education services corpo- 27 ration, or the revenue arrearage account or special offset fiduciary 28 account pursuant to section ninety-one-a or ninety-one-c of the state 29 finance law, as the case may be, whichever had been credited the amount 30 originally withheld from such overpayment, and (vii) with respect to 31 amounts originally withheld from such overpayment pursuant to section 32 one hundred seventy-one-l of this article and paid to the city of New 33 York, the comptroller shall collect a like amount from the city of New 34 York. 35 § 7. This act shall take effect immediately. 36 SUBPART B 37 Section 1. Subsection (oo) of section 606 of the tax law, as amended 38 by chapter 239 of the laws of 2009, paragraph 1 as amended by chapter 39 472 of the laws of 2010, subparagraph (A) of paragraph 1 as amended and 40 paragraph 6 as added by section 1 of part CCC of chapter 59 of the laws 41 of 2021, paragraph 3 as amended by section 1 of part RR of chapter 59 of 42 the laws of 2018, paragraph 4 as amended by section 1 of part F of chap- 43 ter 59 of the laws of 2013 and paragraph 5 as amended by section 2 of 44 part U of chapter 59 of the laws of 2019, is amended to read as follows: 45 (oo) Credit for rehabilitation of historic properties. (1) (A) For 46 taxable years beginning on or after January first, two thousand ten and 47 before January first, two thousand [twenty-five] thirty, a taxpayer 48 shall be allowed a credit as hereinafter provided, against the tax 49 imposed by this article, in an amount equal to: 50 (i) one hundred percent of the amount of credit allowed the taxpayer 51 with respect to a certified historic structure, and one hundred fifty 52 percent of the amount of credit allowed the taxpayer with respect to a 53 certified historic structure that is a small project, under internal 54 revenue code section 47(c)(3), determined without regard to ratablyA. 3009--B 25 1 allocating the credit over a five year period as required by subsection 2 (a) of such section 47; and 3 (ii) one hundred percent of the amount of credit allowed the taxpayer 4 with respect to a certified historic structure that is a white 5 elephant project, under internal revenue code section 47(c)(3) (ratably 6 allocating the credit over a five-year period), with respect to a certi- 7 fied historic structure located within the state. Provided, however, the 8 credit shall not exceed five million dollars, unless such credit is 9 allowed with respect to a certified historic structure that is a white 10 elephant project, in which case, the credit shall not exceed fifty 11 million dollars. Provided, further, that whenever the commissioner of 12 parks, recreation and historic preservation receives an application for 13 a white elephant project from an applicant for which such commissioner 14 has previously certified credit for an eligible white elephant project, 15 the commissioner of parks, recreation and historic preservation may deem 16 such subsequent application to be phase II of the original eligible 17 project if such commissioner determines that the two projects are 18 reasonably related, as determined by such commissioner; the previous 19 project qualified as an eligible white elephant project with seventy- 20 five million dollars or less of qualified rehabilitation expenditures; 21 and the phase II application has been submitted within five years of 22 such commissioner's previous certification of credit for the previously 23 eligible white elephant project. 24 (B) For taxable years beginning on or after January first, two thou- 25 sand [twenty-five] thirty, a taxpayer shall be allowed a credit as here- 26 inafter provided, against the tax imposed by this article, in an amount 27 equal to thirty percent of the amount of credit allowed the taxpayer 28 with respect to a certified historic structure under internal revenue 29 code section 47(c)(3), determined without regard to ratably allocating 30 the credit over a five year period as required by subsection (a) of such 31 section 47, with respect to a certified historic structure located with- 32 in the state; provided, however, the credit shall not exceed one hundred 33 thousand dollars, unless such credit is allowed with respect to a certi- 34 fied historic structure that is a white elephant project, in which case, 35 the credit shall not exceed three hundred thousand dollars. 36 [(B)] (C) If the taxpayer is a partner in a partnership or a share- 37 holder of a New York S corporation, then the credit cap imposed in 38 [subparagraph] subparagraphs (A) and (B) of this paragraph shall be 39 applied at the entity level, so that the aggregate credit allowed to all 40 the partners or shareholders of each such entity in the taxable year 41 does not exceed the credit cap that is applicable in that taxable year. 42 (2) Tax credits allowed pursuant to this subsection shall be allowed 43 in the taxable year that the qualified rehabilitation is placed in 44 service under section 167 of the federal internal revenue code. 45 (3) If the taxpayer is allowed a credit pursuant to section 47 of the 46 internal revenue code with respect to a qualified rehabilitation that is 47 also the subject of the credit allowed by this subsection and that cred- 48 it pursuant to such section 47 is recaptured pursuant to subsection (a) 49 of section 50 of the internal revenue code, a portion of the credit 50 allowed under this subsection must be added back in the same taxable 51 year and in the same proportion as the federal recapture. 52 (4) If the amount of the credit allowed under this subsection for any 53 taxable year shall exceed the taxpayer's tax for such year, the excess 54 shall be treated as an overpayment of tax to be credited or refunded in 55 accordance with the provisions of section six hundred eighty-six of this 56 article, provided, however, that no interest shall be paid thereon.A. 3009--B 26 1 (5) Except in the case of (A) a qualified rehabilitation project 2 undertaken within a state park, state historic site, or other land owned 3 by the state, that is under the jurisdiction of the office of parks, 4 recreation and historic preservation, or (B) a qualified white elephant 5 rehabilitation project that is also a qualified low-income housing 6 project under article two-A of the public housing law, to be eligible 7 for the credit allowable under this subsection the rehabilitation 8 project shall be in whole or in part located within a census tract which 9 is identified as being at or below one hundred percent of the state 10 median family income as calculated as of April first of each year using 11 the most recent five year estimate from the American community survey 12 published by the United States Census bureau. If there is a change in 13 the most recent five year estimate, a census tract that qualified for 14 eligibility under this program before information about the change was 15 released will remain eligible for a credit under this subsection for an 16 additional two calendar years. 17 (6) [For purposes of this subsection the term] As used in this 18 subsection, the following terms shall have the following meanings: 19 ["small] (A) "Small project" means qualified rehabilitation expendi- 20 tures totaling two million five hundred thousand dollars or less[.]; 21 (B) "White elephant project" means qualified rehabilitation expendi- 22 tures totaling fifty million dollars or more with respect to a certified 23 historic structure that has been vacant, as determined by local code 24 enforcement or other reasonable means, for at least ten of fifteen 25 consecutive years preceding the date of the taxpayer's application for 26 the rehabilitation credit; and 27 (C) "Phase II housing project" means a white elephant housing project 28 which the commissioner determines (i) is reasonably related to a prior 29 eligible white elephant project or eligible white elephant housing 30 project by the same applicant, (ii) such prior project qualified as 31 eligible with seventy-five million dollars or less of qualified rehabil- 32 itation expenditures, and (iii) the phase II application has been 33 submitted within five years of the commissioner's previous allowance of 34 credit for the prior eligible white elephant project or eligible white 35 elephant housing project. 36 (7) The commissioner shall report annually, on or before the first day 37 of November, on the aggregate amount of credits claimed and awarded 38 pursuant to this subdivision on returns filed during the preceding 39 calendar year. Such report shall be provided to the governor, temporary 40 president of the senate, speaker of the assembly, chair of the senate 41 finance committee and chair of the assembly ways and means committee and 42 shall be made publicly available on the department's website. 43 (8) The aggregate amount of tax credits allocated for white elephant 44 projects pursuant to article fourteen-A of the parks, recreation and 45 historic preservation law shall be fifty million dollars each year. If 46 the total amount of allocated credits applied for in any particular year 47 exceeds the aggregate amount of tax credits allowed for such year under 48 this section, such excess shall be treated as having been applied for on 49 the first day of the subsequent year. 50 § 2. Subdivision 26 of section 210-B of the tax law, as added by 51 section 17 of part A of chapter 59 of the laws of 2014, paragraphs (a) 52 and (c) as amended by section 2 of part RR of chapter 59 of the laws of 53 2018, subparagraph (i) of paragraph (a) as amended and paragraph (f) as 54 added by section 2 of part CCC of chapter 59 of the laws of 2021, and 55 paragraph (e) as amended by section 1 of part U of chapter 59 of the 56 laws of 2019, is amended to read as follows:A. 3009--B 27 1 26. Credit for rehabilitation of historic properties. (a) Application 2 of credit. (i) For taxable years beginning on or after January first, 3 two thousand ten, and before January first, two thousand [twenty-five] 4 thirty, a taxpayer shall be allowed a credit as hereinafter provided, 5 against the tax imposed by this article, in an amount equal to: 6 (A) one hundred percent of the amount of credit allowed the taxpayer 7 for the same taxable year with respect to a certified historic struc- 8 ture, and one hundred fifty percent of the amount of credit allowed the 9 taxpayer with respect to a certified historic structure that is a small 10 project, under internal revenue code section 47(c)(3), determined with- 11 out regard to ratably allocating the credit over a five year period as 12 required by subsection (a) of such section 47; and 13 (B) one hundred percent of the amount of credit allowed the taxpayer 14 with respect to a certified historic structure that is a "white elephant 15 project", under internal revenue code section 47(c)(3) (ratably allocat- 16 ing the credit over a five-year period), with respect to a certified 17 historic structure located within the state. Provided, however, the 18 credit shall not exceed five million dollars, unless such credit is 19 allowed with respect to a certified historic structure that is a white 20 elephant project, in which case, the credit shall not exceed fifty 21 million dollars. Provided, further, that whenever the commissioner of 22 parks, recreation and historic preservation receives an application for 23 a white elephant project from an applicant for which such commissioner 24 has previously certified credit for an eligible white elephant project, 25 the commissioner of parks, recreation and historic preservation may deem 26 such subsequent application to be phase II of the original eligible 27 project if such commissioner determines that the two projects are 28 reasonably related, as determined by such commissioner; the previous 29 project qualified as an eligible white elephant project with seventy- 30 five million dollars or less of qualified rehabilitation expenditures; 31 and the phase II application has been submitted within five years of 32 such commissioner's previous certification of credit for the previously 33 eligible white elephant project. 34 (ii) For taxable years beginning on or after January first, two thou- 35 sand [twenty-five] thirty, a taxpayer shall be allowed a credit as here- 36 inafter provided, against the tax imposed by this article, in an amount 37 equal to thirty percent of the amount of credit allowed the taxpayer for 38 the same taxable year determined without regard to ratably allocating 39 the credit over a five year period as required by subsection (a) of 40 section 47 of the internal revenue code, with respect to a certified 41 historic structure under subsection (c)(3) of section 47 of the internal 42 revenue code with respect to a certified historic structure located 43 within the state. Provided, however, the credit shall not exceed one 44 hundred thousand dollars, unless such credit is allowed with respect to 45 a certified historic structure that is a white elephant project, in 46 which case, the credit shall not exceed three hundred thousand dollars. 47 [(B)] (iii) If the taxpayer is a partner in a partnership or a share- 48 holder in a New York S corporation, then the credit caps imposed in 49 [subparagraph (A)] subparagraphs (i) and (ii) of this paragraph shall be 50 applied at the entity level, so that the aggregate credit allowed to all 51 the partners or shareholders of each such entity in the taxable year 52 does not exceed the credit cap that is applicable in that taxable year. 53 (b) Tax credits allowed pursuant to this subdivision shall be allowed 54 in the taxable year that the qualified rehabilitation is placed in 55 service under section 167 of the federal internal revenue code.A. 3009--B 28 1 (c) If the taxpayer is allowed a credit pursuant to section 47 of the 2 internal revenue code with respect to a qualified rehabilitation that is 3 also the subject of the credit allowed by this subdivision and that 4 credit pursuant to such section 47 is recaptured pursuant to subsection 5 (a) of section 50 of the internal revenue code, a portion of the credit 6 allowed under this subdivision must be added back in the same taxable 7 year and in the same proportion as the federal credit. 8 (d) The credit allowed under this subdivision for any taxable year 9 shall not reduce the tax due for such year to less than the amount 10 prescribed in paragraph (d) of subdivision one of section two hundred 11 ten of this article. However, if the amount of the credit allowed under 12 this subdivision for any taxable year reduces the tax to such amount or 13 if the taxpayer otherwise pays tax based on the fixed dollar minimum 14 amount, any amount of credit thus not deductible in such taxable year 15 shall be treated as an overpayment of tax to be recredited or refunded 16 in accordance with the provisions of section one thousand eighty-six of 17 this chapter. Provided, however, the provisions of subsection (c) of 18 section one thousand eighty-eight of this chapter notwithstanding, no 19 interest shall be paid thereon. 20 (e) Except in the case of (A) a qualified rehabilitation project 21 undertaken within a state park, state historic site, or other land owned 22 by the state, that is under the jurisdiction of the office of parks, 23 recreation and historic preservation, or (B) a qualified white elephant 24 rehabilitation project that is also a qualified low-income housing 25 project under article two-A of the public housing law, to be eligible 26 for the credit allowable under this subdivision, the rehabilitation 27 project shall be in whole or in part located within a census tract which 28 is identified as being at or below one hundred percent of the state 29 median family income as calculated as of April first of each year using 30 the most recent five year estimate from the American community survey 31 published by the United States Census bureau. If there is a change in 32 the most recent five year estimate, a census tract that qualified for 33 eligibility under this program before information about the change was 34 released will remain eligible for a credit under this subdivision for an 35 additional two calendar years. 36 (f) [For purposes of this subdivision] Definitions. As used in this 37 subdivision, the following terms shall have the following meanings: 38 ["small] (A) "Small project" means qualified rehabilitation expendi- 39 tures totaling two million five hundred thousand dollars or less[.]; 40 (B) "White elephant project" means qualified rehabilitation expendi- 41 tures totaling fifty million dollars or more with respect to a certified 42 historic structure that has been vacant, as determined by local code 43 enforcement or other reasonable means, for at least ten of fifteen 44 consecutive years preceding the date of the taxpayer's application for 45 the rehabilitation credit; and 46 (C) "Phase II housing project" means a white elephant housing project 47 which the commissioner determines (i) is reasonably related to a prior 48 eligible white elephant project or eligible white elephant housing 49 project by the same applicant, (ii) such prior project qualified as 50 eligible with seventy-five million dollars or less of qualified rehabil- 51 itation expenditures, and (iii) the phase II application has been 52 submitted within five years of the commissioner's previous allowance of 53 credit for the prior eligible white elephant project or eligible white 54 elephant housing project. 55 (g) The commissioner shall report annually, on or before the first day 56 of November, on the aggregate amount of credits claimed and awardedA. 3009--B 29 1 pursuant to this subdivision on returns filed during the preceding 2 calendar year. Such report shall be provided to the governor, temporary 3 president of the senate, speaker of the assembly, chair of the senate 4 finance committee and chair of the assembly ways and means committee and 5 shall be made publicly available on the department's website. 6 (h) The aggregate amount of tax credits allocated for white elephant 7 projects pursuant to article 14-A of the parks, recreation and historic 8 preservation law shall be fifty million dollars each year. If the total 9 amount of allocated credits applied for in any particular year exceeds 10 the aggregate amount of tax credits allowed for such year under this 11 section, such excess shall be treated as having been applied for on the 12 first day of the subsequent year. 13 § 3. Subdivision (y) of section 1511 of the tax law, as added by chap- 14 ter 472 of the laws of 2010, subparagraph (A) of paragraph 1 as amended 15 and paragraph 6 as added by section 3 of part CCC of chapter 59 of the 16 laws of 2021, paragraph 3 as amended by section 3 of part RR of chapter 17 59 of the laws of 2018, paragraph 4 as amended by section 4 of part F of 18 chapter 59 of the laws of 2013 and paragraph 5 as amended by section 3 19 of part U of chapter 59 of the laws of 2019, is amended to read as 20 follows: 21 (y) Credit for rehabilitation of historic properties. (1) (A) For 22 taxable years beginning on or after January first, two thousand ten and 23 before January first, two thousand [twenty-five] thirty, a taxpayer 24 shall be allowed a credit as hereinafter provided, against the tax 25 imposed by this article, in an amount equal to: 26 (i) one hundred percent of the amount of credit allowed the taxpayer 27 with respect to a certified historic structure, and one hundred fifty 28 percent of the amount of credit allowed the taxpayer with respect to a 29 certified historic structure that is a small project, under internal 30 revenue code section 47(c)(3), determined without regard to ratably 31 allocating the credit over a five year period as required by subsection 32 (a) of such section 47;and 33 (ii) one hundred percent of the amount of credit allowed the taxpayer 34 with respect to a certified historic structure that is a "white 35 elephant project", under internal revenue code section 47(c)(3) (ratably 36 allocating the credit over a five-year period), with respect to a certi- 37 fied historic structure located within the state. Provided, however, the 38 credit shall not exceed five million dollars, unless such credit is 39 allowed with respect to a certified historic structure that is a "white 40 elephant project", in which case, the credit shall not exceed fifty 41 million dollars. Provided, further, that whenever the commissioner of 42 parks, recreation and historic preservation receives an application for 43 a white elephant project from an applicant for which such commissioner 44 has previously certified credit for an eligible white elephant project, 45 the commissioner of parks, recreation and historic preservation may deem 46 such subsequent application to be "phase II" of the original eligible 47 project if such commissioner determines that the two projects are 48 reasonably related, as determined by such commissioner; the previous 49 project qualified as an eligible white elephant project with seventy- 50 five million dollars or less of qualified rehabilitation expenditures; 51 and the "phase II" application has been submitted within five years of 52 such commissioner's previous certification of credit for the previously 53 eligible white elephant project. 54 (B) For taxable years beginning on or after January first, two thou- 55 sand [twenty-five] thirty, a taxpayer shall be allowed a credit as here- 56 inafter provided, against the tax imposed by this article, in an amountA. 3009--B 30 1 equal to thirty percent of the amount of credit allowed the taxpayer 2 with respect to a certified historic structure under internal revenue 3 code section 47(c)(3), determined without regard to ratably allocating 4 the credit over a five year period as required by subsection (a) of such 5 section 47 with respect to a certified historic structure located within 6 the state. Provided, however, the credit shall not exceed one hundred 7 thousand dollars, unless such credit is allowed with respect to a certi- 8 fied historic structure that is a white elephant project, in which case, 9 the credit shall not exceed three hundred thousand dollars. 10 [(B)] (C) If the taxpayer is a partner in a partnership, then the cap 11 imposed in [subparagraph] subparagraphs (A) and (B) of this paragraph 12 shall be applied at the entity level, so that the aggregate credit 13 allowed to all the partners of such partnership in the taxable year does 14 not exceed the credit cap that is applicable in that taxable year. 15 (2) Tax credits allowed pursuant to this subsection shall be allowed 16 in the taxable year that the qualified rehabilitation is placed in 17 service under section 167 of the federal internal revenue code. 18 (3) If the taxpayer is allowed a credit pursuant to section 47 of the 19 internal revenue code with respect to a qualified rehabilitation that is 20 also the subject of the credit allowed by this subdivision and that 21 credit pursuant to such section 47 is recaptured pursuant to subsection 22 (a) of section 50 of the internal revenue code, a portion of the credit 23 allowed under this subdivision in the taxable year the credit was 24 claimed must be added back in the same taxable year and in the same 25 proportion as the federal recapture. 26 (4) The credit allowed under this subdivision for any taxable year 27 shall not reduce the tax due for such year to less than the minimum 28 fixed by paragraph four of subdivision (a) of section fifteen hundred 29 two or section fifteen hundred two-a of this article, whichever is 30 applicable. However, if the amount of credits allowed under this subdi- 31 vision for any taxable year reduces the tax to such amount, any amount 32 of credit thus not deductible in such taxable year shall be treated as 33 an overpayment of tax to be credited or refunded in accordance with the 34 provisions of section one thousand eighty-six of this chapter. Provided, 35 however, the provisions of subsection (c) of section one thousand eight- 36 y-eight of this chapter notwithstanding, no interest shall be paid ther- 37 eon. 38 (5) Except in the case of a (A) qualified rehabilitation project 39 undertaken within a state park, state historic site, or other land owned 40 by the state, that is under the jurisdiction of the office of parks, 41 recreation and historic preservation, or (B) a qualified white elephant 42 rehabilitation project that is also a qualified low-income housing 43 project under article two-A of the public housing law, to be eligible 44 for the credit allowable under this subdivision, the rehabilitation 45 project shall be in whole or in part located within a census tract which 46 is identified as being at or below one hundred percent of the state 47 median family income as calculated as of April first of each year using 48 the most recent five year estimate from the American community survey 49 published by the United States Census bureau. If there is a change in 50 the most recent five year estimate, a census tract that qualified for 51 eligibility under this program before information about the change was 52 released will remain eligible for a credit under this subdivision for an 53 additional two calendar years. 54 (6) [For purposes of this subdivision] As used in this subdivision, 55 the following terms shall have the following meanings:A. 3009--B 31 1 ["small] (A) "Small project" means qualified rehabilitation expendi- 2 tures totaling two million five hundred thousand dollars or less[.]; 3 (B) "White elephant project" means qualified rehabilitation expendi- 4 tures totaling fifty million dollars or more with respect to a certified 5 historic structure that has been vacant, as determined by local code 6 enforcement or other reasonable means, for at least ten of fifteen 7 consecutive years preceding the date of the taxpayer's application for 8 the rehabilitation credit; and 9 (C) "Phase II housing project" means a white elephant housing project 10 which the commissioner determines (1) is reasonably related to a prior 11 eligible white elephant project or eligible white elephant housing 12 project by the same applicant, (2) such prior project qualified as 13 eligible with seventy-five million dollars or less of qualified rehabil- 14 itation expenditures, and (3) the phase II application has been submit- 15 ted within five years of the commissioner's previous allowance of credit 16 for the prior eligible white elephant project or eligible white elephant 17 housing project. 18 (7) The commissioner shall report annually, on or before the first day 19 of November, on the aggregate amount of credits claimed and awarded 20 pursuant to this subdivision on returns filed during the preceding 21 calendar year. Such report shall be provided to the governor, temporary 22 president of the senate, speaker of the assembly, chair of the senate 23 finance committee and chair of the assembly ways and means committee and 24 shall be made publicly available on the department's website. 25 (8) The aggregate amount of tax credits allocated for white elephant 26 projects pursuant to article 14-A of the parks, recreation and historic 27 preservation law shall be fifty million dollars each year. If the total 28 amount of allocated credits applied for in any particular year exceeds 29 the aggregate amount of tax credits allowed for such year under this 30 section, such excess shall be treated as having been applied for on the 31 first day of the subsequent year. 32 § 4. The parks, recreation and historic preservation law is amended by 33 adding a new article 14-A to read as follows: 34 ARTICLE 14-A 35 WHITE ELEPHANT HOUSING HISTORIC REHABILITATION PROJECTS TAX 36 CREDIT PROGRAM 37 Section 14.15 Definitions. 38 14.16 Allowance of credit, amount and limitations. 39 14.17 Project monitoring. 40 14.18 Regulations, coordination with federal rehabilitation 41 credit provisions. 42 § 14.15 Definitions. As used in this article, the following terms 43 shall have the following meanings: 44 1. "Eligibility statement" means a statement issued by the commission- 45 er, in consultation with the commissioner of the division of community 46 housing and renewal, certifying that a white elephant housing project is 47 eligible for white elephant housing project historic rehabilitation 48 credits under this article and low income housing tax credits under 49 article two-A of the public housing law. Such statement shall set forth 50 the taxable year in which the building is placed in service, the dollar 51 amount of rehabilitation credit certified by the commissioner to such 52 building as provided in section 14.16 of this article, the dollar amount 53 of low income housing tax credit allocated by the commissioner of commu- 54 nity housing and renewal to such building as provided in section twen- 55 ty-two of the public housing law, sufficient information to identify 56 each such building and the taxpayer or taxpayers with respect to eachA. 3009--B 32 1 such building, whether the project is a phase II housing project, and 2 such other information as the commissioner, in consultation with the 3 commissioner of taxation and finance and commissioner of community hous- 4 ing and renewal, shall prescribe. Such eligibility statement shall be 5 first issued following the close of the first taxable year, and there- 6 after, to the extent required by the commissioner of taxation and 7 finance, following the close of each of the following four taxable 8 years. 9 2. "Eligible white elephant project" means a white elephant project as 10 defined in section two hundred ten-B, six hundred six or one thousand 11 five hundred eleven of the tax law that qualifies for historic rehabili- 12 tation tax credit. 13 3. "Eligible white elephant housing project" means an eligible white 14 elephant project as defined in this section that also qualifies for low 15 income housing tax credit under article two-A of the public housing law. 16 4. "Phase II housing project" means a white elephant housing project 17 which the commissioner determines (a) is reasonably related to a prior 18 eligible white elephant project or eligible white elephant housing 19 project by the same applicant, (b) such prior project qualified as 20 eligible with less than seventy-five million dollars of qualified reha- 21 bilitation expenditures, and (c) the phase II application has been 22 submitted within five years of the commissioner's previous allowance of 23 credit for the prior eligible white elephant project or eligible white 24 elephant housing project. 25 5. "Qualified rehabilitation expenditures" shall have the same meaning 26 as in section 47 of the internal revenue code. 27 6. "White elephant project" means a project as defined in section two 28 hundred ten-B, six hundred six or one thousand five hundred eleven of 29 the tax law. 30 7. "White elephant housing project" means a "white elephant project" 31 as defined in section two hundred ten-B, six hundred six or one thousand 32 five hundred eleven of the tax law that is also a housing project. 33 8. References in this article to section 47 of the internal revenue 34 code shall mean such section as amended from time to time. 35 § 14.16 Allowance of credit, amount and limitations. A taxpayer 36 subject to tax under article nine-A, twenty-two, or thirty-three of the 37 tax law which owns an interest in one or more eligible white elephant 38 housing projects shall be allowed a credit against such tax for the 39 amount of white elephant housing project historic rehabilitation credit 40 certified by the commissioner to each such structure. If the taxpayer is 41 a partner in a partnership or a shareholder of a New York S corporation, 42 then the credit shall be applied at the entity level, so that the aggre- 43 gate credit allowed to all the partners or shareholders of each such 44 entity in the taxable year does not exceed the credit allowed to the 45 entity. The aggregate amount of tax credits allocated for white elephant 46 projects shall be fifty million dollars each year. 47 § 14.17 Project monitoring. The commissioner shall establish such 48 procedures deemed necessary for monitoring compliance of an eligible 49 white elephant housing project with the provisions of this article, and 50 for notifying the commissioner of taxation and finance of any such 51 noncompliance. 52 § 14.18 Regulations, coordination with federal rehabilitation credit 53 provisions. 1. The commissioner shall promulgate rules and regulations 54 necessary to administer the provisions of this article. 55 2. The provisions of section 47 of the internal revenue code shall 56 apply to the credit under this article, provided however, to the extentA. 3009--B 33 1 such provisions are inconsistent with this article, the provisions of 2 this article shall control. 3 § 5. Paragraph 2 of subsection (pp) of section 606 of the tax law, as 4 amended by section 4 of part RR of chapter 59 of the laws of 2018, is 5 amended and a new paragraph 13 is added to read as follows: 6 (2) (A) With respect to any particular residence of a taxpayer, the 7 credit allowed under paragraph one of this subsection shall not exceed 8 fifty thousand dollars for taxable years beginning on or after January 9 first, two thousand ten and before January first, two thousand [twenty-10five] thirty and twenty-five thousand dollars for taxable years begin- 11 ning on or after January first, two thousand [twenty-five] thirty. In 12 the case of a husband and wife, the amount of the credit shall be 13 divided between them equally or in such other manner as they may both 14 elect. If a taxpayer incurs qualified rehabilitation expenditures in 15 relation to more than one residence in the same year, the total amount 16 of credit allowed under paragraph one of this subsection for all such 17 expenditures shall not exceed fifty thousand dollars for taxable years 18 beginning on or after January first, two thousand ten and before January 19 first, two thousand [twenty-five] thirty and twenty-five thousand 20 dollars for taxable years beginning on or after January first, two thou- 21 sand [twenty-five] thirty. 22 (B) For taxable years beginning on or after January first, two thou- 23 sand ten and before January first, two thousand [twenty-five] thirty, if 24 the amount of credit allowable under this subsection shall exceed the 25 taxpayer's tax for such year, and the taxpayer's New York adjusted gross 26 income for such year does not exceed sixty thousand dollars, the excess 27 shall be treated as an overpayment of tax to be credited or refunded in 28 accordance with the provisions of section six hundred eighty-six of this 29 article, provided, however, that no interest shall be paid thereon. If 30 the taxpayer's New York adjusted gross income for such year exceeds 31 sixty thousand dollars, the excess credit that may be carried over to 32 the following year or years and may be deducted from the taxpayer's tax 33 for such year or years. For taxable years beginning on or after January 34 first, two thousand [twenty-five] thirty, if the amount of credit allow- 35 able under this subsection shall exceed the taxpayer's tax for such 36 year, the excess may be carried over to the following year or years and 37 may be deducted from the taxpayer's tax for such year or years. 38 (13) The commissioner shall report annually, on or before the first 39 day of November, on the aggregate amount of credits claimed and awarded 40 pursuant to this subdivision on returns filed during the preceding 41 calendar year. Such report shall be provided to the governor, temporary 42 president of the senate, speaker of the assembly, chair of the senate 43 finance committee and chair of the assembly ways and means committee, 44 shall be made publicly available on the department's website. 45 § 6. Section 14.05 of the parks, recreation and historic preservation 46 law is amended by adding a new subdivision 5 to read as follows: 47 5. (a) The commissioner shall report annually, on or before the first 48 day of November, on the tax credit projects applied for in accordance 49 with subdivision twenty-six of section two hundred ten-B, subsection 50 (oo) of section six hundred six, and subdivision (y) of section fifteen 51 hundred eleven of the tax law on returns filed during the preceding 52 calendar year. Such report shall be provided to the governor, temporary 53 president of the senate, speaker of the assembly, chair of the senate 54 finance committee and chair of the assembly ways and means committee, 55 shall be made publicly available on the department's website and shall 56 include the following information:A. 3009--B 34 1 (i) the number and value of tax credit projects applied for during the 2 state fiscal year, organized by municipality and county, and project 3 size; 4 (ii) the number and value of tax credit projects certified by the 5 national park service during the state fiscal year, organized by munici- 6 pality and county, and project size; 7 (iii) the total value of credits certified annually for each of the 8 taxable years beginning on or after January first, two thousand seven to 9 the present, by municipality and county; 10 (iv) the number of housing units before and after rehabilitation; 11 (v) the number of low-moderate housing units before and after rehabil- 12 itation; and 13 (vi) the number of projects certified for both federal and state cred- 14 its, and the number of projects certified for federal credits only. 15 (b) The commissioner shall report annually, on or before the first day 16 of November, on the tax credit projects applied for pursuant to subdivi- 17 sion (pp) of section six hundred six of the tax law on returns filed 18 during the preceding calendar year. Such report shall be provided to the 19 governor, temporary president of the senate, speaker of the assembly, 20 chair of the senate finance committee and chair of the assembly ways and 21 means committee, shall be made publicly available on the office's 22 website and shall include the following information: 23 (i) the number and value of tax credit projects applied for during the 24 state fiscal year, organized by municipality and county, and project 25 size; 26 (ii) the number and value of tax credit projects certified by the 27 office during the state fiscal year, organized by municipality and coun- 28 ty, and project size; 29 (iii) the total value of credits certified annually for each of the 30 taxable years beginning on or after January first, two thousand seven to 31 the present, by municipality and county; 32 (iv) the number of housing units before and after rehabilitation; and 33 (v) the number of projects certified for state credits by the office. 34 § 7. This act shall take effect immediately and shall apply to taxable 35 years beginning on or after January 1, 2024. 36 SUBPART C 37 Section 1. Paragraph 1 of subdivision (a) of section 28 of the tax 38 law, as amended by section 1 of part AAA of chapter 59 of the laws of 39 2019, is amended to read as follows: 40 (1) A taxpayer which is a qualified commercial production company, or 41 which is a sole proprietor of a qualified commercial production company, 42 and which is subject to tax under article nine-A or twenty-two of this 43 chapter, shall be allowed a credit against such tax, pursuant to the 44 provisions referenced in subdivision (c) of this section, to be computed 45 as provided in this section. Provided, however, to be eligible for such 46 credit, at least seventy-five percent of the production costs (excluding 47 post production costs) paid or incurred directly and predominantly in 48 the actual filming or recording of the qualified commercial must be 49 costs incurred in New York state. The tax credit allowed pursuant to 50 this section shall apply to taxable years beginning before January 51 first, two thousand [twenty-four] twenty-nine. 52 § 2. Paragraph (c) of subdivision 23 of section 210-B of the tax law, 53 as amended by chapter 518 of the laws of 2018, is amended to read as 54 follows:A. 3009--B 35 1 (c) Expiration of credit. The credit allowed under this subdivision 2 shall not be applicable to taxable years beginning on or after January 3 first, two thousand [twenty-four] twenty-nine. 4 § 3. Paragraph 1 of subsection (jj) of section 606 of the tax law, as 5 amended by chapter 518 of the laws of 2018, is amended to read as 6 follows: 7 (1) Allowance of credit. A taxpayer that is eligible pursuant to the 8 provisions of section twenty-eight of this chapter shall be allowed a 9 credit to be computed as provided in such section against the tax 10 imposed by this article. The tax credit allowed pursuant to this section 11 shall apply to taxable years beginning before January first, two thou- 12 sand [twenty-four] twenty-nine. 13 § 4. This act shall take effect immediately. 14 SUBPART D 15 Section 1. Paragraph 1 of subdivision (a) of section 47 of the tax 16 law, as added by section 1 of part I of chapter 59 of the laws of 2022, 17 is amended to read as follows: 18 (1) Allowance of credit. A taxpayer that meets the eligibility 19 requirements of subdivision (b) of this section and is subject to tax 20 under article nine-A or twenty-two of this chapter may be eligible to 21 claim a grade no. 6 heating oil conversion tax credit in the taxable 22 year the conversion is complete. The credit shall be equal to fifty 23 percent of the conversion costs for all of the taxpayer's buildings 24 located at a facility regulated pursuant to section 19-0302 or title ten 25 of article seventeen of the environmental conservation law, paid by such 26 taxpayer on or after January first, two thousand twenty-two and before 27 [July] January first, two thousand [twenty-three] twenty-four. The 28 credit cannot exceed five hundred thousand dollars per facility. 29 § 2. This act shall take effect immediately. 30 SUBPART E 31 Section 1. Section 6 of subpart B of part PP of chapter 59 of the laws 32 of 2021 amending the tax law and the state finance law relating to 33 establishing the New York city musical and theatrical production tax 34 credit and establishing the New York state council on the arts cultural 35 program fund, as amended by section 7 of part F of chapter 59 of the 36 laws of 2022, is amended to read as follows: 37 § 6. This act shall take effect immediately; provided however, that 38 [section] sections one, two, three and four of this act shall apply to 39 taxable years beginning on or after January 1, 2021, and before January 40 1, [2024] 2026 and shall expire and be deemed repealed January 1, [2024] 41 2026; provided further, however that the obligations under paragraph 3 42 of subdivision (g) of section 24-c of the tax law, as added by section 43 one of this act, shall remain in effect until December 31, [2025] 2027. 44 § 2. Paragraph 2 of subdivision (a) of section 24-c of the tax law, as 45 amended by section 1 of part F of chapter 59 of the laws of 2022, is 46 amended to read as follows: 47 (2) The amount of the credit shall be the product (or pro rata share 48 of the product, in the case of a member of a partnership) of twenty-five 49 percent and the sum of the qualified production expenditures paid for 50 during the qualified New York city musical and theatrical production's 51 credit period. Provided however that the amount of the credit cannot 52 exceed three million dollars per qualified New York city musical andA. 3009--B 36 1 theatrical production for productions whose first performance is prior 2 to January first, two thousand [twenty-three] twenty-five. [For3productions whose first performance is on or after January first, two4thousand twenty-three, such cap shall decrease to one million five5hundred thousand dollars per qualified New York city musical and theat-6rical production unless the New York city tourism economy has not suffi-7ciently recovered, as determined by the department of economic develop-8ment in consultation with the division of the budget. In determining9whether the New York city tourism economy has sufficiently recovered,10the department of economic development will perform an analysis of key11New York city economic indicators which shall include, but not be limit-12ed to, hotel occupancy rates and travel metrics. The department of13economic development's analysis shall also be informed by the status of14any remaining COVID-19 restrictions affecting New York city musical and15theatrical productions.] In no event shall a qualified New York city 16 musical and theatrical production be eligible for more than one credit 17 under this program. 18 § 3. Subparagraph (i) of paragraph 5 of subdivision (b) of section 19 24-c of the tax law, as amended by section 2 of part F of chapter 59 of 20 the laws of 2022, is amended to read as follows: 21 (i) "The credit period of a qualified New York city musical and theat- 22 rical production company" is the period starting on the production start 23 date and ending on the earlier of the date the qualified musical and 24 theatrical production has expended sufficient qualified production 25 expenditures to reach its credit cap, September thirtieth, two thousand 26 [twenty-three] twenty-five or the date the qualified musical and theat- 27 rical production closes. 28 § 4. Subdivision (c) of section 24-c of the tax law, as added by 29 section 1 of subpart B of part PP of chapter 59 of the laws of 2021, is 30 amended to read as follows: 31 (c) The credit shall be allowed for the taxable year beginning on or 32 after January first, two thousand twenty-one but before January first, 33 two thousand [twenty-four] twenty-six. A qualified New York city 34 musical and theatrical production company shall claim the credit in the 35 year in which its credit period ends. 36 § 5. Paragraphs 1 and 2 of subdivision (f) of section 24-c of the tax 37 law, paragraph 1 as amended by section 3 of part F of chapter 59 of the 38 laws of 2022, and paragraph 2 as amended by section 4 of part F of chap- 39 ter 59 of the laws of 2022, are amended to read as follows: 40 (1) The aggregate amount of tax credits allowed under this section, 41 subdivision fifty-seven of section two hundred ten-B and subsection 42 (mmm) of section six hundred six of this chapter shall be [two] three 43 hundred million dollars. Such aggregate amount of credits shall be allo- 44 cated by the department of economic development among taxpayers based on 45 the date of first performance of the qualified musical and theatrical 46 production. 47 (2) The commissioner of economic development, after consulting with 48 the commissioner, shall promulgate regulations to establish procedures 49 for the allocation of tax credits as required by this section. Such 50 rules and regulations shall include provisions describing the applica- 51 tion process, the due dates for such applications, the standards that 52 will be used to evaluate the applications, the documentation that will 53 be provided by applicants to substantiate to the department the amount 54 of qualified production expenditures of such applicants, and such other 55 provisions as deemed necessary and appropriate. Notwithstanding any 56 other provisions to the contrary in the state administrative procedureA. 3009--B 37 1 act, such rules and regulations may be adopted on an emergency basis. In 2 no event shall a qualified New York city musical and theatrical 3 production submit an application for this program after June thirtieth, 4 two thousand [twenty-three] twenty-five. 5 § 6. This act shall take effect immediately; provided that the amend- 6 ments to section 24-c of the tax law made by sections two, three, four 7 and five of this act shall not affect the repeal of such section and 8 shall be deemed repealed therewith. 9 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 10 sion, section or part of this act shall be adjudged by any court of 11 competent jurisdiction to be invalid, such judgment shall not affect, 12 impair, or invalidate the remainder thereof, but shall be confined in 13 its operation to the clause, sentence, paragraph, subdivision, section 14 or part thereof directly involved in the controversy in which such judg- 15 ment shall have been rendered. It is hereby declared to be the intent of 16 the legislature that this act would have been enacted even if such 17 invalid provisions had not been included herein. 18 § 3. This act shall take effect immediately provided, however, that 19 the applicable effective dates of Subparts A through E of this act shall 20 be as specifically set forth in the last section of such Subparts. 21 PART J 22 Section 1. This act enacts into law major components of legislation 23 relating to taxation. Each component is wholly contained within a 24 Subpart identified as Subparts A through C. The effective date for each 25 particular provision contained within such Subpart is set forth in the 26 last section of such Subpart. Any provision in any section contained 27 within a Subpart, including the effective date of the Subpart, which 28 makes reference to a section "of this act", when used in connection with 29 that particular component, shall be deemed to mean and refer to the 30 corresponding section of the Subpart in which it is found. Section three 31 of this act sets forth the general effective date of this act. 32 SUBPART A 33 Section 1. Paragraph (b) of subdivision 38 of section 210-B of the tax 34 law, as amended by section 2 of part L of chapter 59 of the laws of 35 2022, is amended to read as follows: 36 (b) Definitions. The term "accessible by individuals with disabili- 37 ties" shall, for the purposes of this subdivision, refer to a vehicle 38 that complies with federal regulations promulgated pursuant to the Amer- 39 icans with Disabilities Act applicable to vans under twenty-two feet in 40 length, by the federal Department of Transportation, in Code of Federal 41 Regulations, title 49, parts 37 and 38[, and by the federal Architecture42and Transportation Barriers Compliance Board, in Code of Federal Regu-43lations, title 36, section 1192.23,] and the Federal Motor Vehicle Safe- 44 ty Standards, Code of Federal Regulations, title 49, part [57] 571. The 45 term "electric vehicle" shall, for the purposes of this subdivision, 46 have the same meaning as in section sixty-six-s of the public service 47 law. 48 § 2. Paragraph 2 of subsection (tt) of section 606 of the tax law, as 49 amended by section 4 of part L of chapter 59 of the laws of 2022, is 50 amended to read as follows: 51 (2) Definitions. The term "accessible by individuals with disabili- 52 ties" shall, for the purposes of this subsection, refer to a vehicleA. 3009--B 38 1 that complies with federal regulations promulgated pursuant to the Amer- 2 icans with Disabilities Act applicable to vans under twenty-two feet in 3 length, by the federal Department of Transportation, in Code of Federal 4 Regulations, title 49, parts 37 and 38[, and by the federal Architecture5and Transportation Barriers Compliance Board, in Code of Federal Regu-6lations, title 36, section 1192.23,] and the Federal Motor Vehicle Safe- 7 ty Standards, Code of Federal Regulations, title [29] 49, part [57] 571. 8 The term "electric vehicle" shall, for the purposes of this subsection, 9 have the same meaning as in section sixty-six-s of the public service 10 law. 11 § 3. This act shall take effect immediately and shall apply to taxable 12 years beginning on or after January 1, 2023. 13 SUBPART B 14 Section 1. Paragraph 2 of subdivision (b) of section 21 of the tax 15 law, as amended by section 7 of part LL of chapter 58 of the laws of 16 2022, is amended to read as follows: 17 (2) Site preparation costs. The term "site preparation costs" shall 18 mean all amounts properly chargeable to a capital account, which are 19 paid or incurred which are necessary to implement a site's investi- 20 gation, remediation, or qualification for a certificate of completion, 21 and shall include costs of: excavation; demolition; activities undertak- 22 en under the oversight of the department of labor or in accordance with 23 standards established by the department of health to remediate and 24 dispose of regulated materials including asbestos, lead or polychlori- 25 nated biphenyls; environmental consulting; engineering; legal costs; 26 transportation, disposal, treatment or containment of contaminated soil; 27 remediation measures taken to address contaminated soil vapor; cover 28 systems consistent with applicable regulations; physical support of 29 excavation; dewatering and other work to facilitate or enable remedi- 30 ation activities; sheeting, shoring, and other engineering controls 31 required to prevent off-site migration of contamination from the quali- 32 fied site or migrating onto the qualified site; and the costs of fenc- 33 ing, temporary electric wiring, scaffolding, and security facilities 34 until such time as the certificate of completion has been issued. Site 35 preparation shall include all costs paid or incurred within sixty months 36 after the last day of the tax year in which the certificate of 37 completion is issued that are necessary for compliance with the certif- 38 icate of completion or subsequent modifications thereof, or the remedial 39 program defined in such certificate of completion including but not 40 limited to institutional controls, engineering controls, an approved 41 site management plan, and an environmental easement with respect to the 42 qualified site; provided, however, with respect to any qualified site 43 for which [the department of environmental conservation has issued a44notice to the taxpayer on or after July first, two thousand fifteen but45on or before June twenty-fourth, two thousand twenty-one that its46request for participation has been accepted under subdivision six of47section 27-1407 of the environmental conservation law] a certificate of 48 completion was issued on or after July first, two thousand fifteen but 49 on or before June twenty-fourth, two thousand twenty-one, site prepara- 50 tion shall include all costs paid or incurred within eighty-four months 51 after the last day of the tax year in which the certificate of 52 completion is issued that are necessary for compliance with the certif- 53 icate of completion or subsequent modifications thereof, or the remedial 54 program defined in such certificate of completion including but notA. 3009--B 39 1 limited to institutional controls, engineering controls, an approved 2 site management plan, and an environmental easement with respect to the 3 qualified site. Site preparation cost shall not include the costs of 4 foundation systems that exceed the cover system requirements in the 5 regulations applicable to the qualified site. 6 § 2. This act shall take effect immediately and shall be deemed to 7 have been in effect on and after April 9, 2022. 8 SUBPART C 9 Section 1. Paragraphs 1, 2 and 3 of subsection (h) of section 860 of 10 the tax law, paragraph 1 as added by section 1 of part C of chapter 59 11 of the laws of 2021, and paragraph 2 as amended and paragraph 3 as added 12 by section 2 of subpart A of part MM of chapter 59 of the laws of 2022, 13 are amended to read as follows: 14 (1) In the case of an electing partnership, the sum of (i) all items 15 of income, gain, loss, or deduction derived from or connected with New 16 York sources to the extent they are included in the taxable income of a 17 nonresident partner subject to tax under article twenty-two, under para- 18 graph one of subsection (a) of section six hundred thirty-two of this 19 chapter; [and] (ii) all items of income, gain, loss, or deduction to the 20 extent they are included in the taxable income of a resident partner 21 subject to tax under article twenty-two of this chapter; and (iii) all 22 pass-through entity taxes including taxes paid under this article to New 23 York, taxes paid under article twenty-four-B of this chapter to the city 24 of New York, and taxes paid to other jurisdictions that are substantial- 25 ly similar to the taxes paid under this article, to the extent that, for 26 federal income tax purposes, the taxes are paid and deducted in the 27 taxable year, and are included in the taxable income of the partners 28 subject to tax under article twenty-two of this chapter for the taxable 29 year. 30 (2) In the case of an electing standard S corporation, the sum of (i) 31 all items of income, gain, loss, or deduction derived from or connected 32 with New York sources to the extent they would be included under para- 33 graph two of subsection (a) of section six hundred thirty-two of this 34 chapter in the taxable income of a shareholder subject to tax under 35 article twenty-two of this chapter; and (ii) all pass-through entity 36 taxes including taxes paid under this article to New York, taxes paid 37 under article twenty-four-B of this chapter to the city of New York, and 38 taxes paid to other jurisdictions that are substantially similar to the 39 taxes paid under this article, to the extent that, for federal income 40 tax purposes, the taxes are paid and deducted in the taxable year, and 41 are included in the taxable income of the shareholders subject to tax 42 under article twenty-two of this chapter for the taxable year. 43 (3) In the case of an electing resident S corporation, the sum of (i) 44 all items of income, gain, loss, or deduction to the extent they are 45 included in the taxable income of a shareholder subject to tax under 46 article twenty-two of this chapter; and (ii) all pass-through entity 47 taxes including taxes paid under this article to New York, taxes paid 48 under article twenty-four-B of this chapter to the city of New York, and 49 taxes paid to other jurisdictions that are substantially similar to 50 taxes paid under this article, to the extent that, for federal income 51 tax purposes, the taxes are paid and deducted in the taxable year, and 52 are included in the taxable income of the shareholders subject to tax 53 under article twenty-two of this chapter for the taxable year.A. 3009--B 40 1 § 2. Subsection (c) of section 861 of the tax law, as amended by 2 section 3 of subpart A of part MM of chapter 59 of the laws of 2022, is 3 amended to read as follows: 4 (c) The annual election must be made [by] on or before the due date of 5 the first estimated payment under section eight hundred sixty-four of 6 this article and will take effect for the current taxable year. Only one 7 election may be made during each calendar year. An election made under 8 this section is irrevocable [as of] after the due date. 9 § 3. Paragraphs 1 and 2 of subsection (b) of section 867 of the tax 10 law, as added by section 1 of subpart B of part MM of chapter 59 of the 11 laws of 2022, are amended to read as follows: 12 (1) In the case of an electing city partnership, the sum of (i) all 13 items of income, gain, loss, or deduction to the extent they are 14 included in the city taxable income of a partner or member of the elect- 15 ing city partnership who is a city taxpayer; and (ii) all pass-through 16 entity taxes including taxes paid under article twenty-four-A of this 17 chapter to New York, taxes paid under this article to the city of New 18 York, and taxes paid to other jurisdictions that are substantially simi- 19 lar to taxes paid under article twenty-four-A of this chapter, to the 20 extent that, for federal income tax purposes, the taxes were paid and 21 deducted in the taxable year, and they are included in the taxable 22 income of the partners subject to tax under article twenty-two of this 23 chapter for the taxable year. 24 (2) In the case of an electing city resident S corporation, the sum of 25 (i) all items of income, gain, loss, or deduction to the extent they 26 would be included in the city taxable income of a shareholder of the 27 electing city resident S corporation who is a city taxpayer; and (ii) 28 all pass-through entity taxes including taxes paid under article twen- 29 ty-four-A of this chapter to New York, taxes paid under this article to 30 the city of New York, and taxes paid to other jurisdictions that are 31 substantially similar to taxes paid under article twenty-four-A of this 32 chapter, to the extent that, for federal income tax purposes, the taxes 33 were paid and deducted in the taxable year, and they are included in the 34 taxable income of the shareholders subject to tax under article twenty- 35 two of this chapter for the taxable year. 36 § 4. Subsection (e) of section 867 of the tax law, as added by section 37 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended 38 to read as follows: 39 (e) City taxpayer. A city taxpayer means [a city resident individual40subject to the tax imposed pursuant to the authority of article thirty41of this chapter]: 42 (1) a city resident individual, as defined in subsection (a) of 43 section thirteen hundred five of this chapter; and 44 (2) a city resident trust or estate, as defined in subsection (c) of 45 section thirteen hundred five of this chapter. 46 § 5. Subsection (i) of section 867 of the tax law, as added by section 47 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended 48 to read as follows: 49 (i) Eligible city partnership. Eligible city partnership means any 50 partnership as provided for in section 7701(a)(2) of the Internal Reven- 51 ue Code that has a filing requirement under paragraph one of subsection 52 (c) of section six hundred fifty-eight of this chapter other than a 53 publicly traded partnership as defined in section 7704 of the Internal 54 Revenue Code, where at least one partner or member is a city [resident55individual] taxpayer. An eligible city partnership includes any entity, 56 including a limited liability company, treated as a partnership forA. 3009--B 41 1 federal income tax purposes that otherwise meets the requirements of 2 this subsection. 3 § 6. Subsection (j) of section 867 of the tax law, as added by section 4 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended 5 to read as follows: 6 (j) Eligible city resident S corporation. Eligible city resident S 7 corporation means any New York S corporation as defined pursuant to 8 subdivision one-A of section two hundred eight of this chapter that is 9 subject to tax under section two hundred nine of this chapter that has 10 only city [resident individual] taxpayer shareholders. An eligible city 11 resident S corporation includes any entity, including a limited liabil- 12 ity company, treated as an S corporation for federal income tax purposes 13 that otherwise meets the requirements of this subsection. 14 § 7. Subsection (c) of section 868 of the tax law, as added by section 15 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended 16 to read as follows: 17 (c) The annual election to be taxed pursuant to this article must be 18 made [by] on or before the due date of the first estimated payment under 19 section eight hundred sixty-four of this chapter and will take effect 20 for the current taxable year. Only one election to be taxed pursuant to 21 this article may be made during each calendar year. An election made 22 under this section is irrevocable [as of] after such due date. To the 23 extent an election made under section eight hundred sixty-one of this 24 chapter is revoked or otherwise invalidated an election made under this 25 section is automatically invalidated. 26 § 8. This act shall take effect immediately, provided, however, that: 27 (i) sections one and two of this act shall be deemed to have been in 28 full force and effect on and after the effective date of part C of chap- 29 ter 59 of the laws of 2021; (ii) sections three and seven of this act 30 shall be deemed to have been in full force and effect on and after the 31 effective date of section 1 of subpart B of part MM of chapter 59 of the 32 laws of 2022; and (iii) sections four, five and six of this act shall 33 apply to taxable years beginning on or after January 1, 2023. 34 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 35 sion, section or part of this act shall be adjudged by any court of 36 competent jurisdiction to be invalid, such judgment shall not affect, 37 impair, or invalidate the remainder thereof, but shall be confined in 38 its operation to the clause, sentence, paragraph, subdivision, section 39 or part thereof directly involved in the controversy in which such judg- 40 ment shall have been rendered. It is hereby declared to be the intent of 41 the legislature that this act would have been enacted even if such 42 invalid provisions had not been included herein. 43 § 3. This act shall take effect immediately; provided, however, that 44 the applicable effective dates of Subparts A through C of this act shall 45 be as specifically set forth in the last section of such Subparts. 46 PART K 47 Section 1. Paragraphs (a) and (d) of subdivision 1 of section 467 of 48 the real property tax law, as amended by section 1 of part B of chapter 49 686 of the laws of 2022, are amended to read as follows: 50 (a) Real property owned by one or more persons, each of whom is 51 sixty-five years of age or over, or real property owned by [husband and52wife] a married couple or by siblings, one of whom is sixty-five years 53 of age or over, or real property owned by one or more persons, some of 54 whom qualify under this section and the others of whom qualify underA. 3009--B 42 1 section four hundred fifty-nine-c of this title, shall be exempt from 2 payments in lieu of taxes (PILOT) to the battery park city authority or 3 from taxation by any municipal corporation in which located to the 4 extent of fifty per centum of the assessed valuation thereof, provided 5 the governing board of such municipality, after public hearing, adopts a 6 local law, ordinance or resolution providing therefor. For the purposes 7 of this section, [sibling shall mean a brother or a sister, whether8related] the term "sibling" shall include persons whose relationship as 9 siblings has been established through either half blood, whole blood or 10 adoption. 11 (d) The real property tax or PILOT exemption on real property owned by 12 [husband and wife] a married couple, one of whom is sixty-five years of 13 age or over, once granted, shall not be rescinded by any municipal 14 corporation solely because of the death of the older spouse so long as 15 the surviving spouse is at least sixty-two years of age. 16 § 2. Subdivision 3 of section 467 of the real property tax law, as 17 amended by section 1 of part B of chapter 686 of the laws of 2022, para- 18 graph (a) as separately amended by chapter 488 of the laws of 2022, is 19 amended to read as follows: 20 3. No exemption shall be granted: 21 (a) (i) if the income of the owner or the combined income of the 22 owners of the property for the applicable income tax year [immediately23preceding the date of making application for exemption] exceeds the sum 24 of three thousand dollars, or such other sum not less than three thou- 25 sand dollars nor more than [twenty-six thousand dollars beginning July26first, two thousand six, twenty-seven thousand dollars beginning July27first, two thousand seven, twenty-eight thousand dollars beginning July28first, two thousand eight, twenty-nine thousand dollars beginning July29first, two thousand nine, fifty thousand dollars beginning July first,30two thousand twenty-two, and in a city with a population of one million31or more fifty thousand dollars beginning July first, two thousand seven-32teen,] fifty thousand dollars, as may be provided by the local law, 33 ordinance or resolution adopted pursuant to this section. 34 (ii) Where the taxable status date is on or before April fourteenth, 35 the applicable income tax year shall [mean] be the twelve-month period 36 for which the owner or owners filed a federal personal income tax return 37 for the year before the income tax year immediately preceding the date 38 of application and where the taxable status date is on or after April 39 fifteenth, the applicable income tax year shall [mean] be the twelve- 40 month period for which the owner or owners filed a federal personal 41 income tax return for the income tax year immediately preceding the date 42 of application. 43 (iii) Where title is vested in [either the husband or the wife, their] 44 a married person, the combined income of such person and such person's 45 spouse may not exceed such sum, except where [the husband or wife, or46ex-husband or ex-wife] one-spouse or ex-spouse is absent from the prop- 47 erty as provided in subparagraph (ii) of paragraph (d) of this subdivi- 48 sion, then only the income of the spouse or ex-spouse residing on the 49 property shall be considered and may not exceed such sum. [Such income50shall include social security and retirement benefits, interest, divi-51dends, total gain from the sale or exchange of a capital asset which may52be offset by a loss from the sale or exchange of a capital asset in the53same income tax year, net rental income, salary or earnings, and net54income from self-employment, but shall not include a return of capital,55gifts, inheritances, payments made to individuals because of their56status as victims of Nazi persecution, as defined in P.L. 103-286 orA. 3009--B 43 1monies earned through employment in the federal foster grandparent2program and any such income shall be offset by all medical and3prescription drug expenses actually paid which were not reimbursed or4paid for by insurance, if the governing board of a municipality, after a5public hearing, adopts a local law, ordinance or resolution providing6therefor. In addition, an exchange of an annuity for an annuity7contract, which resulted in non-taxable gain, as determined in section8one thousand thirty-five of the internal revenue code, shall be excluded9from such income. Provided that such exclusion shall be based on satis-10factory proof that such an exchange was solely an exchange of an annuity11for an annuity contract that resulted in a non-taxable transfer deter-12mined by such section of the internal revenue code. Furthermore, such13income shall not include the proceeds of a reverse mortgage, as author-14ized by section six-h of the banking law, and sections two hundred15eighty and two hundred eighty-a of the real property law; provided,16however, that monies used to repay a reverse mortgage may not be17deducted from income, and provided additionally that any interest or18dividends realized from the investment of reverse mortgage proceeds19shall be considered income. The provisions of this paragraph notwith-20standing, such income shall not include veterans disability compen-21sation, as defined in Title 38 of the United States Code provided the22governing board of such municipality, after public hearing, adopts a23local law, ordinance or resolution providing therefor. In computing net24rental income and net income from self-employment no depreciation25deduction shall be allowed for the exhaustion, wear and tear of real or26personal property held for the production of income;] 27 (iv) The term "income" as used herein shall mean the "adjusted gross 28 income" for federal income tax purposes as reported on the applicant's 29 federal or state income tax return for the applicable income tax year, 30 subject to any subsequent amendments or revisions, plus any social secu- 31 rity benefits not included in such adjusted gross income, minus any 32 distributions, to the extent included in federal adjusted gross income, 33 received from an individual retirement account and an individual retire- 34 ment annuity; provided that if no such return was filed for the applica- 35 ble income tax year, the applicant's income shall be determined based on 36 the amounts that would have so been reported if such a return had been 37 filed; and provided further, that the governing board of a municipality 38 may adopt a local law, ordinance or resolution providing that any social 39 security benefits that were not included in the applicant's adjusted 40 gross income shall not be considered income for purposes of this 41 section; 42 (b) unless the owner shall have held an exemption under this section 43 for [his] the owner's previous residence or unless the title of the 44 property shall have been vested in the owner or one of the owners of the 45 property for at least twelve consecutive months prior to the date of 46 making application for exemption, provided, however, that in the event 47 of the death of [either a husband or wife] a married person in whose 48 name title of the property shall have been vested at the time of death 49 and then becomes vested solely in [the survivor] such person's surviving 50 spouse by virtue of devise by or descent from the deceased [husband or51wife] spouse, the time of ownership of the property by the deceased 52 [husband or wife] spouse shall be deemed also a time of ownership by the 53 [survivor] surviving spouse and such ownership shall be deemed contin- 54 uous for the purposes of computing such period of twelve consecutive 55 months. In the event of a transfer by [either a husband or wife to the56other] a married person to such person's spouse of all or part of theA. 3009--B 44 1 title to the property, the time of ownership of the property by the 2 transferor spouse shall be deemed also a time of ownership by the trans- 3 feree spouse and such ownership shall be deemed continuous for the 4 purposes of computing such period of twelve consecutive months. Where 5 property of the owner or owners has been acquired to replace property 6 formerly owned by such owner or owners and taken by eminent domain or 7 other involuntary proceeding, except a tax sale, the period of ownership 8 of the former property shall be combined with the period of ownership of 9 the property for which application is made for exemption and such peri- 10 ods of ownership shall be deemed to be consecutive for purposes of this 11 section. Where a residence is sold and replaced with another within one 12 year and both residences are within the state, the period of ownership 13 of both properties shall be deemed consecutive for purposes of the 14 exemption from taxation by a municipality within the state granting such 15 exemption. Where the owner or owners transfer title to property which as 16 of the date of transfer was exempt from taxation or PILOT under the 17 provisions of this section, the reacquisition of title by such owner or 18 owners within nine months of the date of transfer shall be deemed to 19 satisfy the requirement of this paragraph that the title of the property 20 shall have been vested in the owner or one of the owners for such period 21 of twelve consecutive months. Where, upon or subsequent to the death of 22 an owner or owners, title to property which as of the date of such death 23 was exempt from taxation or PILOT under such provisions, becomes vested, 24 by virtue of devise or descent from the deceased owner or owners, or by 25 transfer by any other means within nine months after such death, solely 26 in a person or persons who, at the time of such death, maintained such 27 property as a primary residence, the requirement of this paragraph that 28 the title of the property shall have been vested in the owner or one of 29 the owners for such period of twelve consecutive months shall be deemed 30 satisfied; 31 (c) unless the property is used exclusively for residential purposes, 32 provided, however, that in the event any portion of such property is not 33 so used exclusively for residential purposes but is used for other 34 purposes, such portion shall be subject to taxation or PILOT and the 35 remaining portion only shall be entitled to the exemption provided by 36 this section; 37 (d) unless the real property is the legal residence of and is occupied 38 in whole or in part by the owner or by all of the owners of the proper- 39 ty: except where, (i) an owner is absent from the residence while 40 receiving health-related care as an inpatient of a residential health 41 care facility, as defined in section twenty-eight hundred one of the 42 public health law, provided that any income accruing to that person 43 shall only be income only to the extent that it exceeds the amount paid 44 by such owner, spouse, or co-owner for care in the facility, and 45 provided further, that during such confinement such property is not 46 occupied by other than the spouse or co-owner of such owner; or, (ii) 47 the real property is owned by a [husband and/or wife, or an ex-husband48and/or an ex-wife, and either] married person or a married couple, or by 49 a formerly married person or a formerly married couple, and one spouse 50 or ex-spouse is absent from the residence due to divorce, legal sepa- 51 ration or abandonment and all other provisions of this section are met 52 provided that where an exemption was previously granted when both 53 resided on the property, then the person remaining on the real property 54 shall be sixty-two years of age or over.A. 3009--B 45 1 § 3. Paragraph (a) of subdivision 3-a of section 467 of the real prop- 2 erty tax law, as amended by section 1 of part B of chapter 686 of the 3 laws of 2022, is amended to read as follows: 4 (a) For the purposes of this section, title to that portion of real 5 property owned by a cooperative apartment corporation in which a 6 tenant-stockholder of such corporation resides and which is represented 7 by [his] the tenant-stockholder's share or shares of stock in such 8 corporation as determined by its or their proportional relationship to 9 the total outstanding stock of the corporation, including that owned by 10 the corporation, shall be deemed to be vested in such tenant-stockhold- 11 er. 12 § 4. Subdivisions 5 and 5-a of section 467 of the real property tax 13 law, as amended by section 1 of part B of chapter 686 of the laws of 14 2022, are amended to read as follows: 15 5. Application for such exemption must be made by the owner, or all of 16 the owners of the property, on forms prescribed by the commissioner to 17 be furnished by the appropriate assessing authority and shall furnish 18 the information and be executed in the manner required or prescribed in 19 such forms, and shall be filed in such assessor's office on or before 20 the appropriate taxable status date. Notwithstanding any other provision 21 of law, at the option of the municipal corporation, any person otherwise 22 qualifying under this section shall not be denied the exemption under 23 this section if [he] such person becomes sixty-five years of age after 24 the appropriate taxable status date and on or before December thirty- 25 first of the same year. 26 5-a. Any local law or ordinance adopted pursuant to paragraph (a) of 27 subdivision one of this section may be amended, or a local law or ordi- 28 nance may be adopted to provide, notwithstanding subdivision five of 29 this section, that an application for such exemption may be filed with 30 the assessor after the appropriate taxable status date but not later 31 than the last date on which a petition with respect to complaints of 32 assessment may be filed, where failure to file a timely application 33 resulted from: (a) a death of the applicant's spouse, child, parent[,34brother or sister] or sibling; or (b) an illness of the applicant or of 35 the applicant's spouse, child, parent[, brother or sister] or sibling, 36 which actually prevents the applicant from filing on a timely basis, as 37 certified by a licensed physician. The assessor shall approve or deny 38 such application as if it had been filed on or before the taxable status 39 date. 40 § 5. Subdivision 6 of section 467 of the real property tax law, as 41 amended by section 1 of part B of chapter 686 of the laws of 2022, is 42 amended to read as follows: 43 6. (a) At least sixty days prior to the appropriate taxable status 44 date, the assessing authority shall mail to each person who was granted 45 exemption pursuant to this section on the latest completed assessment 46 roll an application form and a notice that such application must be 47 filed on or before the taxable status date and be approved in order for 48 the exemption to be granted. The assessing authority shall, within three 49 days of the completion and filing of the tentative assessment roll, 50 notify by mail any applicant [who has included with his] whose applica- 51 tion includes at least one self-addressed, pre-paid envelope, of the 52 approval or denial of the application; provided, however, that the 53 assessing authority shall, upon the receipt and filing of the applica- 54 tion, send by mail notification of receipt to any applicant who has 55 included two of such envelopes with the application. Where an applicant 56 is entitled to a notice of denial pursuant to this subdivision, suchA. 3009--B 46 1 notice shall be on a form prescribed by the commissioner and shall state 2 the reasons for such denial and shall further state that the applicant 3 may have such determination reviewed in the manner provided by law. 4 Failure to mail any such application form or notices or the failure of 5 such person to receive any of the same shall not prevent the levy, 6 collection and enforcement of the payment of the taxes or PILOT on prop- 7 erty owned by such person. 8 (b) Except in cities of one million or more, any person who has been 9 granted exemption pursuant to this section on five (5) consecutive 10 completed assessment rolls, including any years when the exemption was 11 granted to a property owned by [a husband and/or wife] a married person 12 or a married couple while both spouses resided in such property, shall 13 not be subject to the requirements set forth in paragraph (a) of this 14 subdivision provided the governing board of the municipality in which 15 said property is situated after public hearing adopts a local law, ordi- 16 nance or resolution providing therefor however said person shall be 17 mailed an application form and a notice [informing him of his] setting 18 forth such person's rights. Such exemption shall be automatically grant- 19 ed on each subsequent assessment roll. Provided, however, that when tax 20 payment is made by such person a sworn affidavit must be included with 21 such payment which shall state that such person continues to be eligible 22 for such exemption. Such affidavit shall be on a form prescribed by the 23 commissioner. If such affidavit is not included with the tax payment, 24 the collecting officer shall proceed pursuant to section five hundred 25 fifty-one-a of this chapter. 26 (c) In cities of one million or more, any person who has been granted 27 exemption pursuant to this section shall file the completed application 28 with the appropriate assessing authority every twenty-four months from 29 the date such exemption was granted without the necessity of having been 30 granted exemption pursuant to this section on five (5) consecutive 31 completed assessment rolls including any years when the exemption was 32 granted to a property owned by [a husband and/or wife] a married person 33 or a married couple while both spouses resided in such property. 34 § 6. Subdivision 8-a of section 467 of the real property tax law, as 35 amended by section 1 of part B of chapter 686 of the laws of 2022, is 36 amended to read as follows: 37 8-a. Notwithstanding any provision of law to the contrary, the local 38 governing body of a municipal corporation that is authorized to adopt a 39 local law pursuant to subdivision eight of this section is further 40 authorized to adopt a local law providing that where a renewal applica- 41 tion for the exemption authorized by this section has not been filed on 42 or before the taxable status date, and the owner believes that good 43 cause existed for the failure to file the renewal application by that 44 date, the owner may, no later than the last day for paying taxes or 45 PILOT without incurring interest or penalty, submit a written request to 46 the assessor asking [him or her] the assessor to extend the filing dead- 47 line and grant the exemption. Such request shall contain an explanation 48 of why the deadline was missed, and shall be accompanied by a renewal 49 application, reflecting the facts and circumstances as they existed on 50 the taxable status date. The assessor may extend the filing deadline and 51 grant the exemption if [he or she] the assessor is satisfied that (i) 52 good cause existed for the failure to file the renewal application by 53 the taxable status date, and that (ii) the applicant is otherwise enti- 54 tled to the exemption. The assessor shall make a determination and mail 55 notice [of his or her determination] thereof to the owner. If the deter- 56 mination states that the assessor has granted the exemption, [he or she]A. 3009--B 47 1 the assessor shall thereupon be authorized and directed to correct the 2 assessment roll accordingly, or, if another person has custody or 3 control of the assessment roll, to direct that person to make the appro- 4 priate corrections. If the correction is not made before taxes are 5 levied, the failure to take the exemption into account in the computa- 6 tion of the tax shall be deemed a "clerical error" for purposes of title 7 three of article five of this chapter, and shall be corrected according- 8 ly. 9 § 7. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 2 10 of section 459-c of the real property tax law, as amended by section 2 11 of part B of chapter 686 of the laws of 2022, are amended to read as 12 follows: 13 (a) Real property owned by one or more persons with disabilities, or 14 real property owned by a [husband, wife] married couple, or both, or by 15 siblings, at least one of whom has a disability, or real property owned 16 by one or more persons, some of whom qualify under this section and the 17 others of whom qualify under section four hundred sixty-seven of this 18 title, and whose income, as hereafter defined, is limited by reason of 19 such disability, shall be exempt from payments in lieu of taxes (PILOT) 20 to the battery city park authority or from taxation by any municipal 21 corporation in which located to the extent of fifty per centum of the 22 assessed valuation thereof as hereinafter provided. After a public hear- 23 ing, the governing board of a county, city, town or village may adopt a 24 local law and a school district, other than a school district subject to 25 article fifty-two of the education law, may adopt a resolution to grant 26 the exemption authorized pursuant to this section. 27 (a) ["sibling" shall mean a brother or a sister, whether related] the 28 term "sibling" shall include persons whose relationship as siblings has 29 been established through either half blood, whole blood or adoption. 30 § 8. Paragraph (a) of subdivision 5 of section 459-c of the real prop- 31 erty tax law, as separately amended by section 2 of part B of chapter 32 686 and chapter 488 of the laws of 2022, is amended to read as follows: 33 (a) (i) if the income of the owner or the combined income of the 34 owners of the property for the income tax year [immediately preceding35the date of making application for exemption] exceeds the sum of three 36 thousand dollars, or such other sum not less than three thousand dollars 37 nor more than [twenty-six thousand dollars beginning July first, two38thousand six, twenty-seven thousand dollars beginning July first, two39thousand seven, twenty-eight thousand dollars beginning July first, two40thousand eight, twenty-nine thousand dollars beginning July first, two41thousand nine, and fifty thousand dollars beginning July first, two42thousand twenty-two, and in a city with a population of one million or43more fifty thousand dollars beginning July first, two thousand seven-44teen] fifty thousand dollars, as may be provided by the local law or 45 resolution adopted pursuant to this section. [Income] 46 (ii) the applicable income tax year shall [mean] be the twelve month 47 period for which the owner or owners filed a federal personal income tax 48 return, or if no such return is filed, the calendar year. 49 (iii) Where title is vested in [either the husband or the wife, their] 50 a married person, the combined income of such person and such person's 51 spouse may not exceed such sum, except where [the husband or wife, or52ex-husband or ex-wife] one-spouse or ex-spouse is absent from the prop- 53 erty due to divorce, legal separation or abandonment, then only the 54 income of the spouse or ex-spouse residing on the property shall be 55 considered and may not exceed such sum. [Such income shall include56social security and retirement benefits, interest, dividends, total gainA. 3009--B 48 1from the sale or exchange of a capital asset which may be offset by a2loss from the sale or exchange of a capital asset in the same income tax3year, net rental income, salary or earnings, and net income from self-4employment, but shall not include a return of capital, gifts, inheri-5tances or monies earned through employment in the federal foster grand-6parent program and any such income shall be offset by all medical and7prescription drug expenses actually paid which were not reimbursed or8paid for by insurance, if the governing board of a municipality, after a9public hearing, adopts a local law or resolution providing therefor. In10computing net rental income and net income from self-employment no11depreciation deduction shall be allowed for the exhaustion, wear and12tear of real or personal property held for the production of income;] 13 (iv) The term "income" as used herein shall mean the "adjusted gross 14 income" for federal income tax purposes as reported on the applicant's 15 federal or state income tax return for the applicable income tax year, 16 subject to any subsequent amendments or revisions, plus any social secu- 17 rity benefits not included in such adjusted gross income, minus any 18 distributions, to the extent included in federal adjusted gross income, 19 received from an individual retirement account and an individual retire- 20 ment annuity; provided that if no such return was filed for the applica- 21 ble income tax year, the applicant's income shall be determined based on 22 the amounts that would have so been reported if such a return had been 23 filed; and provided further, that the governing board of a municipality 24 may adopt a local law, ordinance or resolution providing that any social 25 security benefits that were not included in the applicant's adjusted 26 gross income shall not be considered income for purposes of this 27 section; 28 § 9. Paragraph (a) of subdivision 6 of section 459-c of the real prop- 29 erty tax law, as amended by section 2 of part B of chapter 686 of the 30 laws of 2022, is amended to read as follows: 31 (a) If so provided in the local law or resolution adopted pursuant to 32 this section, title to that portion of real property owned by a cooper- 33 ative apartment corporation in which a tenant-stockholder of such corpo- 34 ration resides, and which is represented by [his] the tenant- 35 stockholder's share or shares of stock in such corporation as determined 36 by its or their proportional relationship to the total outstanding stock 37 of the corporation, including that owned by the corporation, shall be 38 deemed to be vested in such tenant-stockholder. 39 § 10. This act shall take effect immediately and shall apply to all 40 applications for exemptions pursuant to section 467 and section 459-c of 41 the real property tax law on assessment rolls that are based on taxable 42 status dates occurring on and after October 1, 2023. 43 PART L 44 Section 1. Section 2 of chapter 540 of the laws of 1992, amending the 45 real property tax law relating to oil and gas charges, as amended by 46 section 1 of part C of chapter 59 of the laws of 2020, is amended to 47 read as follows: 48 § 2. This act shall take effect immediately and shall be deemed to 49 have been in full force and effect on and after April 1, 1992; provided, 50 however that any charges imposed by section 593 of the real property tax 51 law as added by section one of this act shall first be due for values 52 for assessment rolls with tentative completion dates after July 1, 1992, 53 and provided further, that this act shall remain in full force and 54 effect until March 31, [2024] 2027, at which time section 593 of theA. 3009--B 49 1 real property tax law as added by section one of this act shall be 2 repealed. 3 § 2. This act shall take effect immediately. 4 PART M 5 Intentionally Omitted 6 PART N 7 Section 1. Section 575-b of the real property tax law is amended by 8 adding a new subdivision 1-a to read as follows: 9 1-a. Notwithstanding any provision of law to the contrary, the solar 10 or wind energy system appraisal model authorized by this section shall 11 be identified, formulated, adopted, published, and updated periodically 12 in the manner provided in this section without regard to the provisions 13 of article two of the state administrative procedure act. 14 § 2. Subparagraph (viii) of paragraph (b) of subdivision 2 of section 15 102 of the state administrative procedure act, as amended by chapter 74 16 of the laws of 1987, is amended to read as follows: 17 (viii) appraisal models, discount rates, state equalization rates, 18 class ratios, special equalization rates and special equalization ratios 19 established pursuant to the real property tax law; 20 § 3. No assessing unit that failed to use the appraisal model pursu- 21 ant to section 575-b of the real property tax law in 2022 shall be held 22 liable for failing to use such model in 2022. Within fifteen days from 23 the effective date of this act, the commissioner of taxation and finance 24 may readopt the 2022 appraisal model or models and discount rates for 25 use in 2023, without additional consultation with the New York state 26 energy research and development authority or the New York state asses- 27 sors association, and without soliciting or considering additional 28 public comments. 29 § 4. This act shall take effect immediately and shall be deemed to 30 have been in full force and effect on and after the effective date of 31 part X of chapter 59 of the laws of 2021. 32 PART O 33 Intentionally Omitted 34 PART P 35 Section 1. Section 1299-C of the tax law is REPEALED. 36 § 2. Notwithstanding any provision of law to the contrary, there shall 37 be no refund of any registration fees paid prior to the effective date 38 of this act. 39 § 3. This act shall take effect immediately. 40 PART Q 41 Section 1. Section 285-a of the tax law is amended by adding a new 42 subdivision 4 to read as follow: 43 4. Upon each sale of motor fuel, other than a sale that is otherwise 44 exempt under this article, the distributor must charge the tax imposedA. 3009--B 50 1 by this article to the purchaser on each gallon sold. If the taxes 2 imposed by this article have not already been assumed or paid by a 3 distributor on any quantity of such fuel for any reason, including, but 4 not limited to, the expansion of such fuel as a result of temperature 5 fluctuation, the distributor must remit such taxes to the commissioner 6 on the return for the period in which such sale was made. 7 § 2. Section 285-b of the tax law is amended by adding a new subdivi- 8 sion 5 to read as follows: 9 5. Upon each sale of Diesel motor fuel, other than a sale that is 10 otherwise exempt under this article, the distributor must charge the tax 11 imposed by this article to the purchaser on each gallon sold. If the 12 taxes imposed by this article have not already been assumed or paid by a 13 distributor on any quantity of such fuel for any reason, including, but 14 not limited to, the expansion of such fuel as a result of temperature 15 fluctuation, the distributor must remit such taxes to the commissioner 16 on the return for the period in which such sale was made. 17 § 3. Section 308 of the tax law is amended by adding a new subdivision 18 (j) to read as follows: 19 (j) Every petroleum business subject to tax under this article that is 20 also a distributor, as defined in section two hundred eighty-two of this 21 chapter, must charge the tax imposed by this article to the purchaser on 22 each gallon sold, unless otherwise exempt. If the taxes imposed by this 23 article have not already been assumed or paid by such petroleum business 24 on any quantity of such fuel for any reason, including, but not limited 25 to, the expansion of such fuel as a result of temperature fluctuation, 26 such petroleum business must remit such taxes to the commissioner on the 27 return for the period in which such sale was made. 28 § 4. Section 1102 of the tax law is amended by adding a new subdivi- 29 sion (g) to read as follows: 30 (g) The tax imposed by this section must be charged on the sale, other 31 than a retail sale or a sale that is otherwise exempt under this arti- 32 cle, of each gallon of motor fuel or Diesel motor fuel. If the taxes 33 imposed by this section have not already been assumed or paid by the 34 distributor on any quantity of such fuel for any reason, including, but 35 not limited to, the expansion of such fuel as a result of temperature 36 fluctuation, the distributor must remit such taxes to the commissioner 37 on the return for the period in which such sale was made. 38 § 5. This act shall take effect on September 1, 2023 and shall apply 39 to sales of motor fuel and Diesel motor fuel on or after such date. 40 PART R 41 Section 1. Subparagraph (B) of paragraph 1 of subdivision (a) of 42 section 1115 of the tax law, as amended by section 1 of part GG of chap- 43 ter 59 of the laws of 2022, is amended to read as follows: 44 (B) Until May [thirty first] thirty-first, two thousand [twenty-three] 45 twenty-four, the food and drink excluded from the exemption provided by 46 clauses (i), (ii) and (iii) of subparagraph (A) of this paragraph, and 47 bottled water, shall be exempt under this subparagraph: (i) when sold 48 for one dollar and fifty cents or less through any vending machine that 49 accepts coin or currency only; or (ii) when sold for two dollars or less 50 through any vending machine that accepts any form of payment other than 51 coin or currency, whether or not it also accepts coin or currency. 52 § 2. This act shall take effect June 1, 2023. 53 PART SA. 3009--B 51 1 Section 1. Subdivision 1 of section 471 of the tax law, as amended by 2 section 1 of part D of chapter 134 of the laws of 2010, is amended to 3 read as follows: 4 1. There is hereby imposed and shall be paid a tax on all cigarettes 5 possessed in the state by any person for sale, except that no tax shall 6 be imposed on cigarettes sold under such circumstances that this state 7 is without power to impose such tax, including sales to qualified Indi- 8 ans for their own use and consumption on their nations' or tribes' qual- 9 ified reservation, or sold to the United States or sold to or by a 10 voluntary unincorporated organization of the armed forces of the United 11 States operating a place for the sale of goods pursuant to regulations 12 promulgated by the appropriate executive agency of the United States, to 13 the extent provided in such regulations and policy statements of such an 14 agency applicable to such sales. The tax imposed by this section is 15 imposed on all cigarettes sold on an Indian reservation to non-members 16 of the Indian nation or tribe and to non-Indians and evidence of such 17 tax shall be by means of an affixed cigarette tax stamp. Indian nations 18 or tribes may elect to participate in the Indian tax exemption coupon 19 system established in section four hundred seventy-one-e of this article 20 which provides a mechanism for the collection of the tax imposed by this 21 section on cigarette sales on qualified reservations to such non-members 22 and non-Indians and for the delivery of quantities of tax-exempt ciga- 23 rettes to Indian nations or tribes for the personal use and consumption 24 of qualified members of the Indian nation or tribe. If an Indian nation 25 or tribe does not elect to participate in the Indian tax exemption 26 coupon system, the prior approval system shall be the mechanism for the 27 delivery of quantities of tax-exempt cigarettes to Indian nations or 28 tribes for the personal use and consumption of qualified members of the 29 Indian nation or tribe as provided for in paragraph (b) of subdivision 30 five of this section. Such tax on cigarettes shall be at the rate of 31 [four] five dollars and thirty-five cents for each twenty cigarettes or 32 fraction thereof, provided, however, that if a package of cigarettes 33 contains more than twenty cigarettes, the rate of tax on the cigarettes 34 in such package in excess of twenty shall be one dollar and [eight] 35 thirty-three and three-quarters cents for each five cigarettes or frac- 36 tion thereof. Such tax is intended to be imposed upon only one sale of 37 the same package of cigarettes. It shall be presumed that all cigarettes 38 within the state are subject to tax until the contrary is established, 39 and the burden of proof that any cigarettes are not taxable hereunder 40 shall be upon the person in possession thereof. 41 § 2. Section 471-a of the tax law, as amended by section 5 of part D 42 of chapter 134 of the laws of 2010, is amended to read as follows: 43 § 471-a. Use tax on cigarettes. There is hereby imposed and shall be 44 paid a tax on all cigarettes used in the state by any person, except 45 that no tax shall be imposed (1) if the tax provided in section four 46 hundred seventy-one of this article is paid, (2) on the use of ciga- 47 rettes which are exempt from the tax imposed by said section, or (3) on 48 the use of four hundred or less cigarettes, brought into the state on, 49 or in the possession of, any person. Such tax on cigarettes shall be at 50 the rate of [four] five dollars and thirty-five cents for each twenty 51 cigarettes or fraction thereof, provided, however, that if a package of 52 cigarettes contains more than twenty cigarettes, the rate of tax on the 53 cigarettes in such package in excess of twenty shall be one dollar and 54 [eight] thirty-three and three-quarters cents for each five cigarettes 55 or fraction thereof. Within twenty-four hours after liability for the 56 tax accrues, each such person shall file with the commissioner a returnA. 3009--B 52 1 in such form as the commissioner may prescribe together with a remit- 2 tance of the tax shown to be due thereon. For purposes of this article, 3 the word "use" means the exercise of any right or power actual or 4 constructive and shall include but is not limited to the receipt, stor- 5 age or any keeping or retention for any length of time, but shall not 6 include possession for sale. All other provisions of this article if not 7 inconsistent shall apply to the administration and enforcement of the 8 tax imposed by this section in the same manner as if the language of 9 said provisions had been incorporated in full into this section. 10 § 3. Notwithstanding any other provision of law to the contrary, the 11 tax due on cigarettes possessed in New York state as of the close of 12 business on August 31, 2023, by any person for sale solely attributable 13 to the increase imposed by the amendments to section 471 of the tax law, 14 as amended by section one of this act, shall be paid by November 20, 15 2023, subject to such terms and conditions as the commissioner of taxa- 16 tion and finance shall prescribe. 17 § 4. This act shall take effect on September 1, 2023, and shall apply 18 to all cigarettes possessed in this state by any person for sale and all 19 cigarettes used in this state by any person on or after such date. 20 PART T 21 Intentionally Omitted 22 PART U 23 Section 1. The opening paragraph of subparagraph (B) of paragraph 2 of 24 subdivision (b) of section 1402 of the tax law, as amended by section 1 25 of item UUU of subpart B of part XXX of chapter 58 of the laws of 2020, 26 is amended to read as follows: 27 For purposes of this subdivision, the phrase "real estate investment 28 trust transfer" shall mean any conveyance of real property or an inter- 29 est therein to a REIT, or to a partnership or corporation in which a 30 REIT owns a controlling interest immediately following the conveyance, 31 which conveyance (I) occurs in connection with the initial formation of 32 the REIT, provided that the conditions set forth in clauses (i) and (ii) 33 of this subparagraph are satisfied, or (II) in the case of any real 34 estate investment trust transfer occurring on or after July thirteenth, 35 nineteen hundred ninety-six and before September first, two thousand 36 [twenty-three] twenty-six, is described in the last sentence of this 37 subparagraph. 38 § 2. Subparagraph 2 of paragraph (xi) of subdivision (b) of section 39 1201 of the tax law, as amended by section 2 of item UUU of subpart B of 40 part XXX of chapter 58 of the laws of 2020, is amended to read as 41 follows: 42 (2) any issuance or transfer of an interest in a REIT, or in a part- 43 nership or corporation in which a REIT owns a controlling interest imme- 44 diately following the issuance or transfer, in connection with a trans- 45 action described in subparagraph one of this paragraph. Notwithstanding 46 the foregoing, a transaction described in the preceding sentence shall 47 not constitute a real estate investment trust transfer unless (A) it 48 occurs in connection with the initial formation of the REIT and the 49 conditions described in subparagraphs three and four of this paragraph 50 are satisfied, or (B) in the case of any real estate investment trust 51 transfer occurring on or after July thirteenth, nineteen hundred nine-A. 3009--B 53 1 ty-six and before September first, two thousand [twenty-three] twenty- 2 six, the transaction is described in subparagraph five of this paragraph 3 in which case the provisions of such subparagraph shall apply. 4 § 3. Subparagraph (B) of paragraph 2 of subdivision e of section 5 11-2102 of the administrative code of the city of New York, as amended 6 by section 3 of item UUU of subpart B of part XXX of chapter 58 of the 7 laws of 2020, is amended to read as follows: 8 (B) any issuance or transfer of an interest in a REIT, or in a part- 9 nership or corporation in which a REIT owns a controlling interest imme- 10 diately following the issuance or transfer in connection with a trans- 11 action described in subparagraph (A) of this paragraph. Notwithstanding 12 the foregoing, a transaction described in the preceding sentence shall 13 not constitute a real estate investment trust transfer unless (i) it 14 occurs in connection with the initial formation of the REIT and the 15 conditions described in subparagraphs (C) and (D) of this paragraph are 16 satisfied, or (ii) in the case of any real estate investment trust 17 transfer occurring on or after July thirteenth, nineteen hundred nine- 18 ty-six and before September first, two thousand [twenty-three] twenty- 19 six, the transaction is described in subparagraph (E) of this paragraph 20 in which case the provision of such subparagraph shall apply. 21 § 4. This act shall take effect immediately. 22 PART V 23 Intentionally Omitted 24 PART W 25 Section 1. Subdivision 1 of section 105 of the state finance law, as 26 amended by chapter 204 of the laws of 2002, is amended to read as 27 follows: 28 1. All moneys received by the commissioner of taxation and finance on 29 account of the state, excepting such moneys as are required by law to be 30 deposited to the credit of the comptroller, but including such moneys as 31 are thereafter paid into the state treasury by the comptroller, shall be 32 deposited by the commissioner of taxation and finance within three busi- 33 ness days after the receipt thereof, either as a demand deposit or an 34 interest-bearing time deposit (other than a time certificate of depos- 35 it), as [he] the commissioner and the comptroller may determine, in such 36 banks, trust companies and industrial banks as in [his] the opinion of 37 the commissioner and the opinion of the comptroller are secure. The 38 moneys so deposited shall be placed to the account of the commissioner 39 of taxation and finance. [He] The commissioner shall keep a bankbook in 40 which shall be entered [his] their account of deposit in and moneys 41 drawn from the banks and trust companies and industrial banks in which 42 deposits are made by [him] the commissioner, which [he] they shall 43 exhibit to the comptroller for [his] inspection on the first Tuesday of 44 every month and oftener if required. [He] The commissioner shall not 45 draw any moneys from such banks, trust companies or industrial banks 46 unless by checks signed and countersigned in the manner prescribed by 47 section one hundred one, unless otherwise provided by law. No moneys 48 shall be paid by any such bank, trust company or industrial bank out of 49 any such deposit except upon such checks. Moneys may be paid through 50 electronic transfer in accordance with procedures developed by the 51 commissioner of taxation and finance and the comptroller and consistentA. 3009--B 54 1 with the requirements of this section for recording payments. Such 2 payments through electronic transfer shall be considered, for purposes 3 of this chapter, to be moneys drawn by check. Every such bank, trust 4 company or industrial bank shall transmit to the comptroller monthly 5 statements of all moneys received and paid by it on account of the 6 commissioner of taxation and finance. 7 § 2. This act shall take effect immediately. 8 PART X 9 Section 1. Legislative findings. The legislature finds that it is in 10 the interests of the state to assist The New York Racing Association, 11 Inc., which is the franchised corporation pursuant to section two 12 hundred six of the racing, pari-mutuel wagering and breeding law, to 13 renovate Belmont Park racetrack. The legislature further finds and 14 determines that the anticipated cost of renovating Belmont Park race- 15 track is four hundred fifty-five million dollars and that the renovation 16 of Belmont Park racetrack shall initially be financed by the state 17 subject to the provisions of the repayment agreement of the franchised 18 corporation required by section two of this act. The franchised corpo- 19 ration will be responsible for repayment of the state funds in accord- 20 ance with the terms of such repayment agreement. 21 § 2. Prior to, and as a condition to the state initially providing 22 funds for the renovation of Belmont Park racetrack, the franchised 23 corporation shall enter into a repayment agreement with the state 24 authorizing and directing that a portion of the funds of the franchised 25 corporation dedicated for capital expenditures of the franchised corpo- 26 ration pursuant to paragraph 3 of subdivision f and paragraph 3 of 27 subdivision f-1 of section 1612 of the tax law shall be used to repay 28 the state for the funds provided by the state for the renovation of 29 Belmont Park racetrack, in accordance with the repayment agreement 30 between the state and the franchised corporation. Such agreement shall 31 further provide that in the event the franchised corporation receives 32 future statutory payments enacted for the specific purpose of holding 33 the franchised corporation harmless for any loss of payments pursuant to 34 paragraph 3 of subdivision f and paragraph 3 of subdivision f-1 of 35 section 1612 of the tax law, such statutory payments shall also be used 36 to repay the state for the funds provided by the state for the reno- 37 vation of Belmont Park racetrack. Such agreement may also be amended 38 from time to time as agreed to by the state and the franchised corpo- 39 ration. At any time prior to the repayment of the state funds for the 40 renovation of Belmont Park racetrack, the state may issue state personal 41 income tax revenue bonds or state sales tax revenue bonds. In the event 42 of the issuance of such bonds, the repayment agreement shall be revised 43 to reflect the obligation of the franchised corporation to fully repay 44 the debt service costs associated with such bonds. 45 § 3. As a condition of the state initially providing funds for the 46 renovation of Belmont Park racetrack, the franchise oversight board 47 shall include a requirement in any request for proposals for such reno- 48 vation that any projects in connection with such work shall only be 49 undertaken pursuant to a project labor agreement in accordance with 50 section 222 of the labor law. For the purposes of this section, "project 51 labor agreement" shall have the meaning set forth in subdivision 1 of 52 section 213 of the racing, pari-mutuel wagering and breeding law. 53 § 4. The New York State Gaming Commission shall ensure that to the 54 extent that the law allows for a franchise agreement for the operationA. 3009--B 55 1 of Belmont Park racetrack with a franchisee other than the franchised 2 corporation, the term of any such franchise agreement awarded after 3 funding provided by the state for the renovation of Belmont Park race- 4 track described by section one of this act shall include a provision 5 obligating such franchisee to assume the payments of the franchised 6 corporation required by section two of this act. 7 § 5. The opening paragraph of paragraph 3 of subdivision f of section 8 1612 of the tax law is designated subparagraph (i) and a new subpara- 9 graph (ii) is added to read as follows: 10 (ii) Notwithstanding subparagraph (i) of this paragraph, in the event 11 the state provides funds to the franchised corporation for the reno- 12 vation of Belmont Park racetrack, out of the amount payable to the fran- 13 chised corporation for capital expenditures pursuant to subparagraph (i) 14 of this paragraph during any state fiscal year, an amount pursuant to 15 the repayment agreement between the state and the franchised corporation 16 shall instead be deposited into the miscellaneous capital projects fund, 17 New York racing capital improvement fund as required to repay the state 18 for funds provided for the renovation of Belmont Park racetrack. Any 19 amount payable to the franchised corporation in any state fiscal year 20 for capital expenditures pursuant to subparagraph (i) of this paragraph 21 in excess of the amount pursuant to the repayment agreement between 22 the state and the franchised corporation shall be deposited pursuant to 23 subparagraph (i) of this paragraph. Once the state has been fully reim- 24 bursed for the costs related to the renovation of Belmont Park race- 25 track, this subparagraph shall no longer apply and subparagraph (i) of 26 this paragraph shall apply. 27 § 6. The opening paragraph of paragraph 3 of subdivision f-1 of 28 section 1612 of the tax law is designated subparagraph (i) and a new 29 subparagraph (ii) is added to read as follows: 30 (ii) Notwithstanding subparagraph (i) of this paragraph, in the event 31 the state provides funds to the franchised corporation for the reno- 32 vation of Belmont Park racetrack, and in the event the amount deposited 33 pursuant to subparagraph (ii) of paragraph three of subdivision f of 34 this section is insufficient to make the required repayment pursuant to 35 such subparagraph during any state fiscal year, an amount payable to the 36 franchised corporation for capital expenditures pursuant to subparagraph 37 (i) of this paragraph shall instead be deposited into the miscellaneous 38 capital projects fund, New York racing capital improvement fund to the 39 extent necessary, when combined with the amount set forth in subpara- 40 graph (ii) of paragraph three of subdivision f of this section, to make 41 any required repayment of funds provided by the state related to the 42 renovation of Belmont Park racetrack during such fiscal year. Any amount 43 payable to the franchised corporation in any state fiscal year for capi- 44 tal expenditures pursuant to subparagraph (i) of this paragraph in 45 excess of the amount pursuant to the repayment agreement between the 46 state and the franchised corporation shall be deposited pursuant to 47 subparagraph (i) of this paragraph. Once the state has been fully reim- 48 bursed for such costs related to the renovation of Belmont Park race- 49 track, this subparagraph shall no longer apply and subparagraph (i) of 50 this paragraph shall apply. 51 § 7. The state comptroller is hereby authorized and directed to loan 52 money in accordance with the provisions set forth in subdivision 5 of 53 section 4 of the state finance law to the miscellaneous capital projects 54 fund, New York racing capital improvement fund. 55 § 8. 1. Notwithstanding any other provisions of law to the contrary, 56 the dormitory authority, the urban development corporation, and the NewA. 3009--B 56 1 York state thruway authority are hereby authorized to issue personal 2 income tax revenue bonds or notes or state sales tax revenue bonds or 3 notes in one or more series in an aggregate principal amount not to 4 exceed four hundred fifty-five million dollars ($455,000,000) excluding 5 bonds or notes issued to pay costs of issuance of such bonds or notes 6 and bonds or notes issued to refund or otherwise repay such bonds or 7 notes previously issued, for the purpose of financing the renovation of 8 Belmont Park racetrack. 9 2. Notwithstanding any other provision of law to the contrary, in 10 order to assist the dormitory authority, urban development corporation, 11 and the New York state thruway authority in undertaking the financing 12 for the renovation of Belmont Park racetrack, the director of the budget 13 is hereby authorized to enter into one or more financing agreements with 14 the dormitory authority, the urban development corporation, and the New 15 York state thruway authority, upon such terms and conditions as the 16 director of the budget and the dormitory authority, the urban develop- 17 ment corporation and the New York state thruway authority agree, so as 18 to annually provide to the dormitory authority, the urban development 19 corporation, and the New York state thruway authority, in the aggregate, 20 a sum not to exceed the principal, interest, and related expenses 21 required for such bonds and notes. Any financing agreement entered into 22 pursuant to this section shall provide that the obligation of the state 23 to pay the amount therein provided shall not constitute a debt of the 24 state within the meaning of any constitutional or statutory provision 25 and shall be deemed executory only to the extent of monies available and 26 that no liability shall be incurred by the state beyond the monies 27 available for such purpose, subject to annual appropriation by the 28 legislature. Any such contract or any payments made or to be made there- 29 under may be assigned and pledged by the dormitory authority, the urban 30 development corporation, and the New York state thruway authority as 31 security for such bonds and notes, as authorized by this section. 32 § 9. Notwithstanding any law to the contrary, and in accordance with 33 section 4 of the state finance law, the comptroller is hereby authorized 34 and directed in each state fiscal year to transfer, upon request of the 35 director of the budget, up to the unencumbered balance or an amount up 36 to twenty-five million eight hundred thousand dollars ($25,800,000) from 37 the miscellaneous capital projects fund, New York racing capital 38 improvement fund to the general fund. 39 § 10. This act shall take effect immediately. 40 PART Y 41 Intentionally Omitted 42 PART Z 43 Intentionally Omitted 44 PART AA 45 Section 1. Subdivision 2 of section 509-a of the racing, pari-mutuel 46 wagering and breeding law, as amended by section 1 of part DD of chapter 47 59 of the laws of 2022, is amended to read as follows:A. 3009--B 57 1 2. a. Notwithstanding any other provision of law or regulation to the 2 contrary, from April nineteenth, two thousand twenty-one to March thir- 3 ty-first, two thousand twenty-two, twenty-three percent of the funds, 4 not to exceed two and one-half million dollars, in the Catskill off- 5 track betting corporation's capital acquisition fund and twenty-three 6 percent of the funds, not to exceed four hundred forty thousand dollars, 7 in the Capital off-track betting corporation's capital acquisition fund 8 established pursuant to this section shall also be available to such 9 off-track betting corporation for the purposes of statutory obligations, 10 payroll, and expenditures necessary to accept authorized wagers. 11 b. Notwithstanding any other provision of law or regulation to the 12 contrary, from April first, two thousand twenty-two to March thirty- 13 first, two thousand twenty-three, twenty-three percent of the funds, not 14 to exceed two and one-half million dollars, in the Catskill off-track 15 betting corporation's capital acquisition fund established pursuant to 16 this section, and twenty-three percent of the funds, not to exceed four 17 hundred forty thousand dollars, in the Capital off-track betting corpo- 18 ration's capital acquisition fund established pursuant to this section, 19 shall be available to such off-track betting corporations for the 20 purposes of statutory obligations, payroll, and expenditures necessary 21 to accept authorized wagers. 22 c. Notwithstanding any other provision of law or regulation to the 23 contrary, from April first, two thousand twenty-three to March thirty- 24 first, two thousand twenty-four, twenty-three percent of the funds, not 25 to exceed two and one-half million dollars, in the Catskill off-track 26 betting corporation's capital acquisition fund established pursuant to 27 this section, and twenty-three percent of the funds, not to exceed four 28 hundred forty thousand dollars, in the Capital off-track betting corpo- 29 ration's capital acquisition fund established pursuant to this section, 30 shall be available to such off-track betting corporation for the 31 purposes of statutory obligations, payroll, and expenditures necessary 32 to accept authorized wagers. 33 d. Prior to a corporation being able to utilize the funds authorized 34 by [paragraph] paragraphs b and c of this subdivision, the corporation 35 must submit an expenditure plan to the gaming commission for review. 36 Such plan shall include the corporation's outstanding liabilities, 37 projected revenue for the upcoming year, a detailed explanation of how 38 the funds will be used, and any other information determined necessary 39 by the commission. Upon review, the commission will make a determination 40 as to whether access to the funds is needed and warranted. 41 § 2. This act shall take effect immediately. 42 PART BB 43 Section 1. Paragraph (a) of subdivision 1 of section 1003 of the 44 racing, pari-mutuel wagering and breeding law, as amended by section 1 45 of part EE of chapter 59 of the laws of 2022, is amended to read as 46 follows: 47 (a) Any racing association or corporation or regional off-track 48 betting corporation, authorized to conduct pari-mutuel wagering under 49 this chapter, desiring to display the simulcast of horse races on which 50 pari-mutuel betting shall be permitted in the manner and subject to the 51 conditions provided for in this article may apply to the commission for 52 a license so to do. Applications for licenses shall be in such form as 53 may be prescribed by the commission and shall contain such information 54 or other material or evidence as the commission may require. No licenseA. 3009--B 58 1 shall be issued by the commission authorizing the simulcast transmission 2 of thoroughbred races from a track located in Suffolk county. The fee 3 for such licenses shall be five hundred dollars per simulcast facility 4 and for account wagering licensees that do not operate either a simul- 5 cast facility that is open to the public within the state of New York or 6 a licensed racetrack within the state, twenty thousand dollars per year 7 payable by the licensee to the commission for deposit into the general 8 fund. Except as provided in this section, the commission shall not 9 approve any application to conduct simulcasting into individual or group 10 residences, homes or other areas for the purposes of or in connection 11 with pari-mutuel wagering. The commission may approve simulcasting into 12 residences, homes or other areas to be conducted jointly by one or more 13 regional off-track betting corporations and one or more of the follow- 14 ing: a franchised corporation, thoroughbred racing corporation or a 15 harness racing corporation or association; provided (i) the simulcasting 16 consists only of those races on which pari-mutuel betting is authorized 17 by this chapter at one or more simulcast facilities for each of the 18 contracting off-track betting corporations which shall include wagers 19 made in accordance with section one thousand fifteen, one thousand 20 sixteen and one thousand seventeen of this article; provided further 21 that the contract provisions or other simulcast arrangements for such 22 simulcast facility shall be no less favorable than those in effect on 23 January first, two thousand five; (ii) that each off-track betting 24 corporation having within its geographic boundaries such residences, 25 homes or other areas technically capable of receiving the simulcast 26 signal shall be a contracting party; (iii) the distribution of revenues 27 shall be subject to contractual agreement of the parties except that 28 statutory payments to non-contracting parties, if any, may not be 29 reduced; provided, however, that nothing herein to the contrary shall 30 prevent a track from televising its races on an irregular basis primari- 31 ly for promotional or marketing purposes as found by the commission. For 32 purposes of this paragraph, the provisions of section one thousand thir- 33 teen of this article shall not apply. Any agreement authorizing an 34 in-home simulcasting experiment commencing prior to May fifteenth, nine- 35 teen hundred ninety-five, may, and all its terms, be extended until June 36 thirtieth, two thousand [twenty-three] twenty-four; provided, however, 37 that any party to such agreement may elect to terminate such agreement 38 upon conveying written notice to all other parties of such agreement at 39 least forty-five days prior to the effective date of the termination, 40 via registered mail. Any party to an agreement receiving such notice of 41 an intent to terminate, may request the commission to mediate between 42 the parties new terms and conditions in a replacement agreement between 43 the parties as will permit continuation of an in-home experiment until 44 June thirtieth, two thousand [twenty-three] twenty-four; and (iv) no 45 in-home simulcasting in the thoroughbred special betting district shall 46 occur without the approval of the regional thoroughbred track. 47 § 2. Subparagraph (iii) of paragraph d of subdivision 3 of section 48 1007 of the racing, pari-mutuel wagering and breeding law, as amended by 49 section 2 of part EE of chapter 59 of the laws of 2022, is amended to 50 read as follows: 51 (iii) Of the sums retained by a receiving track located in Westchester 52 county on races received from a franchised corporation, for the period 53 commencing January first, two thousand eight and continuing through June 54 thirtieth, two thousand [twenty-three] twenty-four, the amount used 55 exclusively for purses to be awarded at races conducted by such receiv- 56 ing track shall be computed as follows: of the sums so retained, two andA. 3009--B 59 1 one-half percent of the total pools. Such amount shall be increased or 2 decreased in the amount of fifty percent of the difference in total 3 commissions determined by comparing the total commissions available 4 after July twenty-first, nineteen hundred ninety-five to the total 5 commissions that would have been available to such track prior to July 6 twenty-first, nineteen hundred ninety-five. 7 § 3. The opening paragraph of subdivision 1 of section 1014 of the 8 racing, pari-mutuel wagering and breeding law, as amended by section 3 9 of part EE of chapter 59 of the laws of 2022, is amended to read as 10 follows: 11 The provisions of this section shall govern the simulcasting of races 12 conducted at thoroughbred tracks located in another state or country on 13 any day during which a franchised corporation is conducting a race meet- 14 ing in Saratoga county at Saratoga thoroughbred racetrack until June 15 thirtieth, two thousand [twenty-three] twenty-four and on any day 16 regardless of whether or not a franchised corporation is conducting a 17 race meeting in Saratoga county at Saratoga thoroughbred racetrack after 18 June thirtieth, two thousand [twenty-three] twenty-four. On any day on 19 which a franchised corporation has not scheduled a racing program but a 20 thoroughbred racing corporation located within the state is conducting 21 racing, each off-track betting corporation branch office and each simul- 22 casting facility licensed in accordance with section one thousand seven 23 (that has entered into a written agreement with such facility's repre- 24 sentative horsemen's organization, as approved by the commission), one 25 thousand eight, or one thousand nine of this article shall be authorized 26 to accept wagers and display the live simulcast signal from thoroughbred 27 tracks located in another state or foreign country subject to the 28 following provisions: 29 § 4. Subdivision 1 of section 1015 of the racing, pari-mutuel wagering 30 and breeding law, as amended by section 4 of part EE of chapter 59 of 31 the laws of 2022, is amended to read as follows: 32 1. The provisions of this section shall govern the simulcasting of 33 races conducted at harness tracks located in another state or country 34 during the period July first, nineteen hundred ninety-four through June 35 thirtieth, two thousand [twenty-three] twenty-four. This section shall 36 supersede all inconsistent provisions of this chapter. 37 § 5. The opening paragraph of subdivision 1 of section 1016 of the 38 racing, pari-mutuel wagering and breeding law, as amended by section 5 39 of part EE of chapter 59 of the laws of 2022, is amended to read as 40 follows: 41 The provisions of this section shall govern the simulcasting of races 42 conducted at thoroughbred tracks located in another state or country on 43 any day during which a franchised corporation is not conducting a race 44 meeting in Saratoga county at Saratoga thoroughbred racetrack until June 45 thirtieth, two thousand [twenty-three] twenty-four. Every off-track 46 betting corporation branch office and every simulcasting facility 47 licensed in accordance with section one thousand seven that have entered 48 into a written agreement with such facility's representative horsemen's 49 organization as approved by the commission, one thousand eight or one 50 thousand nine of this article shall be authorized to accept wagers and 51 display the live full-card simulcast signal of thoroughbred tracks 52 (which may include quarter horse or mixed meetings provided that all 53 such wagering on such races shall be construed to be thoroughbred races) 54 located in another state or foreign country, subject to the following 55 provisions; provided, however, no such written agreement shall beA. 3009--B 60 1 required of a franchised corporation licensed in accordance with section 2 one thousand seven of this article: 3 § 6. The opening paragraph of section 1018 of the racing, pari-mutuel 4 wagering and breeding law, as amended by section 6 of part EE of chapter 5 59 of the laws of 2022, is amended to read as follows: 6 Notwithstanding any other provision of this chapter, for the period 7 July twenty-fifth, two thousand one through September eighth, two thou- 8 sand [twenty-two] twenty-three, when a franchised corporation is 9 conducting a race meeting within the state at Saratoga Race Course, 10 every off-track betting corporation branch office and every simulcasting 11 facility licensed in accordance with section one thousand seven (that 12 has entered into a written agreement with such facility's representative 13 horsemen's organization as approved by the commission), one thousand 14 eight or one thousand nine of this article shall be authorized to accept 15 wagers and display the live simulcast signal from thoroughbred tracks 16 located in another state, provided that such facility shall accept 17 wagers on races run at all in-state thoroughbred tracks which are 18 conducting racing programs subject to the following provisions; 19 provided, however, no such written agreement shall be required of a 20 franchised corporation licensed in accordance with section one thousand 21 seven of this article. 22 § 7. Section 32 of chapter 281 of the laws of 1994, amending the 23 racing, pari-mutuel wagering and breeding law and other laws relating to 24 simulcasting, as amended by section 7 of part EE of chapter 59 of the 25 laws of 2022, is amended to read as follows: 26 § 32. This act shall take effect immediately and the pari-mutuel tax 27 reductions in section six of this act shall expire and be deemed 28 repealed on July 1, [2023] 2024; provided, however, that nothing 29 contained herein shall be deemed to affect the application, qualifica- 30 tion, expiration, or repeal of any provision of law amended by any 31 section of this act, and such provisions shall be applied or qualified 32 or shall expire or be deemed repealed in the same manner, to the same 33 extent and on the same date as the case may be as otherwise provided by 34 law; provided further, however, that sections twenty-three and twenty- 35 five of this act shall remain in full force and effect only until May 1, 36 1997 and at such time shall be deemed to be repealed. 37 § 8. Section 54 of chapter 346 of the laws of 1990, amending the 38 racing, pari-mutuel wagering and breeding law and other laws relating to 39 simulcasting and the imposition of certain taxes, as amended by section 40 8 of part EE of chapter 59 of the laws of 2022, is amended to read as 41 follows: 42 § 54. This act shall take effect immediately; provided, however, 43 sections three through twelve of this act shall take effect on January 44 1, 1991, and section 1013 of the racing, pari-mutuel wagering and breed- 45 ing law, as added by section thirty-eight of this act, shall expire and 46 be deemed repealed on July 1, [2023] 2024; and section eighteen of this 47 act shall take effect on July 1, 2008 and sections fifty-one and fifty- 48 two of this act shall take effect as of the same date as chapter 772 of 49 the laws of 1989 took effect. 50 § 9. Paragraph (a) of subdivision 1 of section 238 of the racing, 51 pari-mutuel wagering and breeding law, as amended by section 9 of part 52 EE of chapter 59 of the laws of 2022, is amended to read as follows: 53 (a) The franchised corporation authorized under this chapter to 54 conduct pari-mutuel betting at a race meeting or races run thereat shall 55 distribute all sums deposited in any pari-mutuel pool to the holders of 56 winning tickets therein, provided such tickets are presented for paymentA. 3009--B 61 1 before April first of the year following the year of their purchase, 2 less an amount that shall be established and retained by such franchised 3 corporation of between twelve to seventeen percent of the total deposits 4 in pools resulting from on-track regular bets, and fourteen to twenty- 5 one percent of the total deposits in pools resulting from on-track 6 multiple bets and fifteen to twenty-five percent of the total deposits 7 in pools resulting from on-track exotic bets and fifteen to thirty-six 8 percent of the total deposits in pools resulting from on-track super 9 exotic bets, plus the breaks. The retention rate to be established is 10 subject to the prior approval of the commission. 11 Such rate may not be changed more than once per calendar quarter to be 12 effective on the first day of the calendar quarter. "Exotic bets" and 13 "multiple bets" shall have the meanings set forth in section five 14 hundred nineteen of this chapter. "Super exotic bets" shall have the 15 meaning set forth in section three hundred one of this chapter. For 16 purposes of this section, a "pick six bet" shall mean a single bet or 17 wager on the outcomes of six races. The breaks are hereby defined as the 18 odd cents over any multiple of five for payoffs greater than one dollar 19 five cents but less than five dollars, over any multiple of ten for 20 payoffs greater than five dollars but less than twenty-five dollars, 21 over any multiple of twenty-five for payoffs greater than twenty-five 22 dollars but less than two hundred fifty dollars, or over any multiple of 23 fifty for payoffs over two hundred fifty dollars. Out of the amount so 24 retained there shall be paid by such franchised corporation to the 25 commissioner of taxation and finance, as a reasonable tax by the state 26 for the privilege of conducting pari-mutuel betting on the races run at 27 the race meetings held by such franchised corporation, the following 28 percentages of the total pool for regular and multiple bets five percent 29 of regular bets and four percent of multiple bets plus twenty percent of 30 the breaks; for exotic wagers seven and one-half percent plus twenty 31 percent of the breaks, and for super exotic bets seven and one-half 32 percent plus fifty percent of the breaks. 33 For the period April first, two thousand one through December thirty- 34 first, two thousand [twenty-three] twenty-four, such tax on all wagers 35 shall be one and six-tenths percent, plus, in each such period, twenty 36 percent of the breaks. Payment to the New York state thoroughbred breed- 37 ing and development fund by such franchised corporation shall be one- 38 half of one percent of total daily on-track pari-mutuel pools resulting 39 from regular, multiple and exotic bets and three percent of super exotic 40 bets and for the period April first, two thousand one through December 41 thirty-first, two thousand [twenty-three] twenty-four, such payment 42 shall be seven-tenths of one percent of regular, multiple and exotic 43 pools. 44 § 10. This act shall take effect immediately. 45 PART CC 46 Intentionally Omitted 47 PART DD 48 Section 1. Clause (vi) of subparagraph (B) of paragraph 1 of 49 subsection (a) of section 601 of the tax law, as amended by section 1 of 50 subpart A of part A of chapter 59 of the laws of 2022, is amended to 51 read as follows:A. 3009--B 62 1 (vi) For taxable years beginning in two thousand twenty-three and 2 before two thousand twenty-eight the following rates shall apply: 3 If the New York taxable income is: The tax is: 4 Not over $17,150 4% of the New York taxable income 5 Over $17,150 but not over $23,600 $686 plus 4.5% of excess over 6 $17,150 7 Over $23,600 but not over $27,900 $976 plus 5.25% of excess over 8 $23,600 9 Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over 10 $27,900 11 Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess over 12 $161,550 13 Over $323,200 but not over $18,252 plus 6.85% of excess over 14 $2,155,350 $323,200 15 Over $2,155,350 but not over $143,754 plus 9.65% of excess over 16 $5,000,000 $2,155,350 17 Over $5,000,000 but not over $418,263 plus [10.30] 10.80% of 18 excess over $5,000,000 19 $25,000,000 20 Over $25,000,000 $[2,478,263] 2,578,663 plus 21 [10.90] 11.40% of excess 22 over $25,000,000 23 § 2. Clause (vi) of subparagraph (B) of paragraph 1 of subsection (b) 24 of section 601 of the tax law, as amended by section 2 of subpart A of 25 part A of chapter 59 of the laws of 2022, is amended to read as follows: 26 (vi) For taxable years beginning in two thousand twenty-three and 27 before two thousand twenty-eight the following rates shall apply: 28 If the New York taxable income is: The tax is: 29 Not over $12,800 4% of the New York taxable income 30 Over $12,800 but not over $17,650 $512 plus 4.5% of excess over 31 $12,800 32 Over $17,650 but not over $20,900 $730 plus 5.25% of excess over 33 $17,650 34 Over $20,900 but not over $107,650 $901 plus 5.5% of excess over 35 $20,900 36 Over $107,650 but not over $269,300 $5,672 plus 6.00% of excess over 37 $107,650 38 Over $269,300 but not over $15,371 plus 6.85% of excess over 39 $1,616,450 $269,300 40 Over $1,616,450 but not over $107,651 plus 9.65% of excess over 41 $5,000,000 $1,616,450 42 Over $5,000,000 but not over $434,163 plus [10.30] 10.80% 43 of excess over $5,000,000 44 $25,000,000 45 Over $25,000,000 $[2,494,163] 2,594,163 plus 46 [10.90] 11.40% of excess 47 over $25,000,000 48 § 3. Clause (vi) of subparagraph (B) of paragraph 1 of subsection (c) 49 of section 601 of the tax law, as amended by section 3 of subpart A of 50 part A of chapter 59 of the laws of 2022, is amended to read as follows: 51 (vi) For taxable years beginning in two thousand twenty-three and 52 before two thousand twenty-eight the following rates shall apply:A. 3009--B 63 1 If the New York taxable income is: The tax is: 2 Not over $8,500 4% of the New York taxable income 3 Over $8,500 but not over $11,700 $340 plus 4.5% of excess over 4 $8,500 5 Over $11,700 but not over $13,900 $484 plus 5.25% of excess over 6 $11,700 7 Over $13,900 but not over $80,650 $600 plus 5.50% of excess over 8 $13,900 9 Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess over 10 $80,650 11 Over $215,400 but not over $12,356 plus 6.85% of excess over 12 $1,077,550 $215,400 13 Over $1,077,550 but not over $71,413 plus 9.65% of excess over 14 $5,000,000 $1,077,550 15 Over $5,000,000 but not over $449,929 plus [10.30] 10.80% 16 of excess over 17 $25,000,000 $5,000,000 18 Over $25,000,000 $[2,509,929] 2,609,929 plus 19 [10.90] 11.40% of excess over 20 $25,000,000 21 § 4. Subsection (d-4) of section 601 of the tax law, as added by 22 section 3 of subpart B of part A of chapter 59 of the laws of 2022, is 23 amended to read as follows: 24 (d-4) Alternative tax table benefit recapture. Notwithstanding the 25 provisions of subsection (d), (d-1), (d-2) or (d-3) of this section, for 26 taxable years beginning on or after two thousand twenty-three and before 27 two thousand twenty-eight, there is hereby imposed a supplemental tax in 28 addition to the tax imposed under subsections (a), (b) and (c) of this 29 section for the purpose of recapturing the benefit of the tax tables 30 contained in such subsections. During these taxable years, any reference 31 in this chapter to subsection (d), (d-1), (d-2) or (d-3) of this section 32 shall be read as a reference to this subsection. 33 (1) For resident married individuals filing joint returns and resident 34 surviving spouses: 35 (A) If New York adjusted gross income is greater than $107,650, but 36 not over $25,000,000: 37 (i) the recapture base and incremental benefit shall be determined by 38 New York taxable income as follows: 39 Greater than Not over Recapture Base Incremental Benefit 40 $27,900 $161,550 $0 $333 41 $161,550 $323,200 $333 $807 42 $323,200 $2,155,350 $1,140 $2,747 43 $2,155,350 $5,000,000 $3,887 $60,350 44 $5,000,000 $25,000,000 $64,237 [$32,500] 45 $57,500 46 (ii) the applicable amount shall be determined by New York taxable 47 income as follows: 48 Greater than Not over Applicable Amount 49 $27,900 $161,550 New York adjusted gross income minus $107,650 50 $161,550 $323,200 New York adjusted gross income minus $161,550 51 $323,200 $2,155,350 New York adjusted gross income minus $323,200 52 $2,155,350 $5,000,000 New York adjusted gross income minus $2,155,350 53 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 54 (iii) the phase-in fraction shall be a fraction, the numerator of 55 which shall be the lesser of fifty thousand dollars or the applicable 56 amount and the denominator of which shall be fifty thousand dollars; andA. 3009--B 64 1 (iv) the supplemental tax due shall equal the sum of the recapture 2 base and the product of (i) the incremental benefit and (ii) the phase- 3 in fraction. Provided, however, that if the New York taxable income of 4 the taxpayer is less than twenty-seven thousand nine hundred dollars, 5 the supplemental tax shall equal the difference between the product of 6 5.50 percent and New York taxable income and the tax table computation 7 on the New York taxable income set forth in paragraph one of subsection 8 (a) of this section, multiplied by a fraction, the numerator of which is 9 the lesser of fifty thousand dollars or New York adjusted gross income 10 minus one hundred seven thousand six hundred fifty dollars, and the 11 denominator of which is fifty thousand dollars. 12 (B) If New York adjusted gross income is greater than twenty-five 13 million dollars, the supplemental tax due shall equal the difference 14 between the product of [10.90] 11.40 percent and New York taxable income 15 and the tax table computation on the New York taxable income set forth 16 in paragraph one of subsection (a) of this section. 17 (2) For resident heads of households: 18 (A) If New York adjusted gross income is greater than $107,650, but 19 not over $25,000,000: 20 (i) the recapture base and incremental benefit shall be determined by 21 New York taxable income as follows: 22 Greater than Not over Recapture Base Incremental Benefit 23 $107,650 $269,300 $0 $787 24 $269,300 $1,616,450 $787 $2,289 25 $1,616,450 $5,000,000 $3,076 $45,261 26 $5,000,000 $25,000,000 $48,337 [$32,500] 27 $57,500 28 (ii) the applicable amount shall be determined by New York taxable 29 income as follows: 30 Greater than Not over Applicable Amount 31 $107,650 $269,300 New York adjusted gross income minus $107,650 32 $269,300 $1,616,450 New York adjusted gross income minus $269,300 33 $1,616,450 $5,000,000 New York adjusted gross income minus $1,616,450 34 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 35 (iii) the phase-in fraction shall be a fraction, the numerator of 36 which shall be the lesser of fifty thousand dollars or the applicable 37 amount and the denominator of which shall be fifty thousand dollars; and 38 (iv) the supplemental tax due shall equal the sum of the recapture 39 base and the product of (i) the incremental benefit and (ii) the phase- 40 in fraction. Provided, however, that if the New York taxable income of 41 the taxpayer is less than one hundred seven thousand six hundred fifty 42 dollars, the supplemental tax shall equal the difference between the 43 product of 6.00 percent and New York taxable income and the tax table 44 computation on the New York taxable income set forth in paragraph one of 45 subsection (b) of this section, multiplied by a fraction, the numerator 46 of which is the lesser of fifty thousand dollars or New York adjusted 47 gross income minus one hundred seven thousand six hundred fifty dollars, 48 and the denominator of which is fifty thousand dollars. 49 (B) If New York adjusted gross income is greater than twenty-five 50 million dollars, the supplemental tax due shall equal the difference 51 between the product of [10.90] 11.40 percent and New York taxable income 52 and the tax table computation on the New York taxable income set forth 53 in paragraph one of subsection (b) of this section. 54 (3) For resident unmarried individuals, resident married individuals 55 filing separate returns and resident estates and trusts:A. 3009--B 65 1 (A) If New York adjusted gross income is greater than $107,650, but 2 not over $25,000,000: 3 (i) the recapture base and incremental benefit shall be determined by 4 New York taxable income as follows: 5 Greater than Not over Recapture Base Incremental Benefit 6 $80,650 $215,400 $0 $568 7 $215,400 $1,077,550 $568 $1,831 8 $1,077,550 $5,000,000 $2,399 $30,172 9 $5,000,000 $25,000,000 $32,571 [$32,500] 10 $57,500 11 (ii) the applicable amount shall be determined by New York taxable 12 income as follows: 13 Greater than Not over Applicable Amount 14 $80,650 $215,400 New York adjusted gross income minus $107,650 15 $215,400 $1,077,550 New York adjusted gross income minus $215,400 16 $1,077,550 $5,000,000 New York adjusted gross income minus $1,077,550 17 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000 18 (iii) the phase-in fraction shall be a fraction, the numerator of 19 which shall be the lesser of fifty thousand dollars or the applicable 20 amount and the denominator of which shall be fifty thousand dollars; and 21 (iv) the supplemental tax due shall equal the sum of the recapture 22 base and the product of (i) the incremental benefit and (ii) the phase- 23 in fraction. Provided, however, that if the New York taxable income of 24 the taxpayer is less than eighty thousand six hundred fifty dollars, the 25 supplemental tax shall equal the difference between the product of 6.00 26 percent and New York taxable income and the tax table computation on the 27 New York taxable income set forth in paragraph one of subsection (c) of 28 this section, multiplied by a fraction, the numerator of which is the 29 lesser of fifty thousand dollars or New York adjusted gross income minus 30 one hundred seven thousand six hundred fifty dollars, and the denomina- 31 tor of which is fifty thousand dollars. 32 (B) If New York adjusted gross income is greater than twenty-five 33 million dollars, the supplemental tax due shall equal the difference 34 between the product of [10.90] 11.40 percent and New York taxable 35 income and the tax table computation on the New York taxable income set 36 forth in paragraph one of subsection (c) of this section. 37 § 5. Notwithstanding any provision of law to the contrary, the method 38 of determining the amount to be deducted and withheld from wages on 39 account of taxes imposed by or pursuant to the authority of article 22 40 of the tax law in connection with the implementation of the provisions 41 of this act shall be prescribed by regulations of the commissioner of 42 taxation and finance with due consideration to the effect such withhold- 43 ing tables and methods would have on the receipt and amount of revenue. 44 The commissioner of taxation and finance shall adjust such withholding 45 tables and methods in regard to taxable years beginning in 2023 and 46 after in such manner as to result, so far as practicable, in withholding 47 from an employee's wages an amount substantially equivalent to the tax 48 reasonably estimated to be due for such taxable years as a result of the 49 provisions of this act. Any such regulations to implement a change in 50 withholding tables and methods for tax year 2023 shall be adopted and 51 effective as soon as practicable and the commissioner of taxation and 52 finance may adopt such regulations on an emergency basis notwithstanding 53 anything to the contrary in section 202 of the state administrative 54 procedure act. 55 § 6. This act shall take effect immediately and shall apply to taxable 56 years beginning on and after January 1, 2023.A. 3009--B 66 1 PART EE 2 Section 1. Subsection (c-1) of section 606 of the tax law is amended 3 by adding a new paragraph 5 to read as follows: 4 (5) (A) For tax year two thousand twenty-two, the commissioner shall 5 issue a payment of a supplemental empire state child credit in the 6 amount of (i) one hundred percent of the empire state child credit 7 calculated and allowed pursuant to this subsection to taxpayers whose 8 federal adjusted gross income was less than ten thousand dollars; (ii) 9 seventy-five percent of the empire state child credit calculated and 10 allowed pursuant to this subsection to taxpayers whose federal adjusted 11 gross income was greater than or equal to ten thousand dollars but less 12 than twenty-five thousand dollars; (iii) fifty percent of the empire 13 state child credit calculated and allowed pursuant to this subsection to 14 taxpayers whose federal adjusted gross income was greater than or equal 15 to twenty-five thousand dollars but less than fifty thousand dollars; 16 and (iv) twenty-five percent of the empire state child credit calculated 17 and allowed pursuant to this subsection to taxpayers whose federal 18 adjusted gross income was greater than or equal to fifty thousand 19 dollars. Provided, however, that no payment shall be issued if it is 20 less than twenty-five dollars. 21 (B) The supplemental payment pursuant to this paragraph shall be 22 allowed to taxpayers who timely filed returns pursuant to section six 23 hundred fifty-one of this article, determined with regard to extensions 24 pursuant to section six hundred fifty-seven of this article. 25 § 2. Subsection (d) of section 606 of the tax law is amended by adding 26 a new paragraph 9 to read as follows: 27 (9) For tax year two thousand twenty-two, the commissioner shall issue 28 a payment of a supplemental earned income tax credit to resident taxpay- 29 ers in the amount of twenty-five percent of the earned income tax credit 30 calculated and allowed pursuant to this subsection. Such payment will be 31 allowed to resident taxpayers who timely filed returns pursuant to 32 section six hundred fifty-one of this article, determined with regard to 33 extensions pursuant to section six hundred fifty-seven of this article. 34 Provided, however, that no payment shall be issued if it is less than 35 twenty-five dollars. 36 § 3. Subsection (d-1) of section 606 of the tax law is amended by 37 adding a new paragraph 10 to read as follows: 38 (10) For tax year two thousand twenty-two, the commissioner shall 39 issue a payment of a supplemental enhanced earned income tax credit in 40 the amount of twenty-five percent of the enhanced earned income tax 41 credit calculated and allowed pursuant to this subsection. Such payment 42 will be allowed to taxpayers who timely filed returns pursuant to 43 section six hundred fifty-one of this article, determined with regard to 44 extensions pursuant to section six hundred fifty-seven of this article. 45 Provided, however, that no payment shall be issued if it is less than 46 twenty-five dollars. 47 § 4. Paragraph 1 of subsection (c-1) of section 606 of the tax law, as 48 amended by section 1 of part P of chapter 59 of the laws of 2018, is 49 amended to read as follows: 50 (1) A resident taxpayer shall be allowed a credit as provided herein 51 equal to the greater of one hundred dollars times the number of qualify- 52 ing children of the taxpayer or the applicable percentage of the child 53 tax credit allowed the taxpayer under section twenty-four of the inter- 54 nal revenue code for the same taxable year for each qualifying child. 55 Provided, however, in the case of a taxpayer whose federal adjustedA. 3009--B 67 1 gross income exceeds the applicable threshold amount set forth by 2 section 24(b)(2) of the Internal Revenue Code, the credit shall only be 3 equal to the applicable percentage of the child tax credit allowed the 4 taxpayer under section 24 of the Internal Revenue Code for each qualify- 5 ing child. For the purposes of this subsection, a qualifying child shall 6 be a child who meets the definition of qualified child under section 7 24(c) of the internal revenue code [and is at least four years of age]. 8 The applicable percentage shall be thirty-three percent. For purposes of 9 this subsection, any reference to section 24 of the Internal Revenue 10 Code shall be a reference to such section as it existed immediately 11 prior to the enactment of Public Law 115-97. 12 § 5. Subsection (d) of section 606 of the tax law is amended by adding 13 a new paragraph 10 to read as follows: 14 (10) Notwithstanding any provision to the contrary, for taxable years 15 two thousand twenty-three and thereafter, an eligible individual, who 16 filed a New York personal income tax return using a valid United States 17 individual taxpayer identification number (ITIN) or if such individual 18 otherwise satisfies the requirements of this paragraph, shall be eligi- 19 ble for the credit under this subsection. A federal individual taxpayer 20 identification number or a social security number must be provided for 21 each spouse in the case of a couple filing jointly or separately and for 22 each child in order to be eligible for the credit. For purposes of this 23 paragraph, an eligible individual, upon request by the commissioner, 24 shall be required to submit proof including, but not limited to, (i)(A) 25 an eligible individual filed a tax return for each tax year such credit 26 is allowed with the department using a valid United States individual 27 identification number, or (B) alternatively, such individual may submit 28 one or more proofs of work described in paragraph (k) of subsection five 29 of section two of part EEE of chapter fifty-nine of the laws of two 30 thousand twenty-one; and (ii) the proof of identity as described in 31 paragraph (a) of subsection five of section two of part EEE of chapter 32 fifty-nine of the laws of two thousand twenty-one. The commissioner in 33 conjunction with the commissioner of labor may, by regulation, estab- 34 lish alternative documents that sufficiently demonstrate an eligible 35 individual's qualification for the tax credit, including but not limited 36 to proof of identity as described in paragraph (a) of subsection five of 37 section two of part EEE of chapter fifty-nine of the laws of two thou- 38 sand twenty-one, provided that such additional documents clearly 39 demonstrate that such individual was employed and received monetary 40 earnings for each tax year such individual is eligible for the credit 41 prior to the date such individual certifies that he or she became 42 eligible for the credit allowed under this subsection. 43 § 6. This act shall take effect immediately; provided, however, that 44 sections four and five of this act shall apply to taxable years begin- 45 ning on and after January 1, 2023; and provided, further, that the 46 commissioner of the department of taxation and finance and the commis- 47 sioner of the department of labor are authorized to promulgate regu- 48 lations necessary to implement the provisions of this act. 49 PART FF 50 Section 1. Subdivision (b) of section 1105 of the tax law is amended 51 by adding a new paragraph 5 to read as follows: 52 (5) The receipts from every retail sale of tangible personal property 53 shall include a digital product as described in paragraph thirty-nine of 54 subdivision (b) of section eleven hundred one of this article.A. 3009--B 68 1 § 2. Subdivision (b) of section 1101 of the tax law is amended by 2 adding a new paragraph 39 to read as follows: 3 (39) Digital product. The term digital product shall mean, whether 4 electronically or digitally delivered, streamed or accessed and whether 5 purchased individually, by subscription or in any other manner, includ- 6 ing maintenance, updates and support (but excluding similar property or 7 any related similar service otherwise exempt pursuant to section eleven 8 hundred five or section eleven hundred fifteen or any other sections of 9 this article) of the following: 10 (i) television shows and movies, excluding cable television and satel- 11 lite television; 12 (ii) photographs; 13 (iii) audiobooks; 14 (iv) any other otherwise taxable printed matter electronically or 15 digitally delivered, streamed or accessed, excluding newspapers and 16 periodicals; 17 (v) application platforms commonly known as "apps"; 18 (vi) games excluding games otherwise taxable as the furnishing of an 19 entertainment service described in subparagraph (i) of paragraph nine of 20 subdivision (c) of section eleven hundred five of this article; 21 (vii) music; 22 (viii) podcasts; 23 (ix) any other audio, including satellite radio or any subscription 24 service; or 25 (x) any other otherwise taxable tangible personal property electron- 26 ically or digitally delivered, streamed or accessed. 27 § 2-a. Subdivision (l) of section 1111 of the tax law is amended by 28 adding a new paragraph 4 to read as follows: 29 (4) With respect to receipts from retail sale of tangible personal 30 property described in paragraph thirty-nine of subdivision (b) of 31 section eleven hundred one of this article, digital product that is 32 electronically or digitally delivered, streamed or accessed to the 33 customer within the state the customer shall pay such tax, on receipts 34 from any charge that is aggregated with and not separately stated from 35 other charges for receipt from retail sale of such property. Provided, 36 however, if seller chooses an objective, reasonable and verifiable stan- 37 dard for identifying each of the components of the charge for such 38 receipts, then such seller may separately account for and quantify the 39 amount of each such component charge. If a seller chooses to so sepa- 40 rately account for and quantify and separately sells any such property, 41 then the charge for such property shall be based upon the price for such 42 property as separately sold. If a seller chooses to so separately 43 account for and quantify and does not separately sell such property, 44 then the charge for such property shall be based upon the prevailing 45 retail price of comparable property sold separately by other sellers. In 46 any case, the charge for such property shall be reasonable and propor- 47 tionate to the total charge to the customer. Nothing herein shall be 48 construed to exempt from tax or subject to tax any such property other- 49 wise subject to tax or exempt from tax under this article. 50 § 3. Section 1148 of the tax law is amended by adding a new subdivi- 51 sion (d) to read as follows: 52 (d) Provided however, after funds are distributed pursuant to subdivi- 53 sions (b) and (c) of this section but before such funds are distributed 54 pursuant to subdivision (a) of this section, funds shall be deposited as 55 follows:A. 3009--B 69 1 (1) into the credit of the metropolitan mass transportation operating 2 assistance account established by section eighty-eight-a of the state 3 finance law in the following amounts: (i) in state fiscal year two 4 thousand twenty-three--two thousand twenty-four, an amount equal to 5 sixteen million dollars and (ii) in state fiscal year two thousand twen- 6 ty-four--two thousand twenty-five, an amount equal to twenty-seven 7 million dollars and (iii) in state fiscal year two thousand twenty-five- 8 -two thousand twenty-six, an amount equal to thirty-one million dollars 9 and (iv) in state fiscal year two thousand twenty-six--two thousand 10 twenty-seven and thereafter, an amount equal to thirty-six million 11 dollars. 12 (2) Provided, however, after such funds are distributed pursuant to 13 subdivisions (b) and (c) of this section, and paragraph one of this 14 subdivision but before such funds are distributed pursuant to subdivi- 15 sion (a) of this section, such funds shall be distributed into the cred- 16 it of the corporate transportation account of the metropolitan transpor- 17 tation authority special assistance fund established by section twelve 18 hundred seventy-a of the public authorities law for the costs of the New 19 York city transit authority, to be applied as provided in paragraph (e) 20 of subdivision four of such section in the following amounts: (i) in 21 state fiscal year two thousand twenty-three--two thousand twenty-four, 22 an amount equal to twenty-nine million dollars and (ii) in state fiscal 23 year two thousand twenty-four--two thousand twenty-five, an amount equal 24 to forty-eight million dollars and (iii) in state fiscal year two thou- 25 sand twenty-five--two thousand twenty-six, an amount equal to fifty-five 26 million dollars and (iv) in state fiscal year two thousand twenty-six-- 27 two thousand twenty-seven and thereafter, an amount equal to sixty-three 28 million dollars. 29 (3) And, provided further, after funds are distributed pursuant to 30 subdivisions (b) and (c) of this section, and paragraphs one and two of 31 this subdivision but before such funds are distributed pursuant to 32 subdivision (a) of this section, such funds shall be deposited into the 33 credit of the public transportation systems operating assistance account 34 established by section eighty-eight-a of the state finance law in the 35 following amounts: (i) in state fiscal year two thousand twenty-three- 36 -two thousand twenty-four, an amount equal to twenty-one million dollars 37 and (ii) in state fiscal year two thousand twenty-four--two thousand 38 twenty-five, an amount equal to thirty-five million dollars and (iii) in 39 state fiscal year two thousand twenty-five--two thousand twenty-six, an 40 amount equal to forty million dollars and (iv) in state fiscal year two 41 thousand twenty-six--two thousand twenty-seven and thereafter, an amount 42 equal to forty-six million dollars. 43 § 4. The closing paragraph of subdivision 1 of section 1270-a of the 44 public authorities law, as amended by section 7 of part FF of chapter 58 45 of the laws of 2019, is amended to read as follows: 46 The authority shall make deposits in the transit account and the 47 commuter railroad account of the moneys received by it pursuant to the 48 provisions of subdivision one of section two hundred sixty-one of the 49 tax law in accordance with the provisions thereof, and shall make depos- 50 its in the corporate transportation account of the moneys received by it 51 pursuant to the provisions of subdivision two of section two hundred 52 sixty-one of the tax law and section ninety-two-ff of the state finance 53 law. The comptroller shall deposit, without appropriation, into the 54 corporate transportation account the revenue fees, taxes, interest and 55 penalties collected in accordance with paragraph (b-1) of subdivision 56 two of section five hundred three of the vehicle and traffic law, para-A. 3009--B 70 1 graph (c-3) of subdivision two of section five hundred three of the 2 vehicle and traffic law, article seventeen-C of the vehicle and traffic 3 law, article twenty-nine-A of the tax law and section eleven hundred 4 sixty-six-a of the tax law, and paragraph two of subdivision (d) of 5 section eleven hundred forty-eight of the tax law. 6 § 5. Paragraph (a) of subdivision 7 of section 88-a of the state 7 finance law, as added by chapter 481 of the laws of 1981, is amended to 8 read as follows: 9 (a) The "metropolitan mass transportation operating assistance 10 account" shall consist of the revenues derived from the taxes for the 11 metropolitan transportation district imposed by section eleven hundred 12 nine of the tax law and that proportion of the receipts received pursu- 13 ant to the tax imposed by article [nine-a] nine-A of such law as speci- 14 fied in section one hundred seventy-one-a of such law, and that propor- 15 tion of the receipts received pursuant to the tax imposed by article 16 nine of such law as specified in section two hundred five of such law, 17 and paragraph one of subdivision (d) of section eleven hundred forty- 18 eight of the tax law and the receipts required to be deposited pursuant 19 to the provisions of section one hundred eighty-two-a of the tax law, 20 and all other moneys credited or transferred thereto from any other fund 21 or source pursuant to law. 22 § 6. Paragraph (a) of subdivision 5 of section 88-a of the state 23 finance law, as added by chapter 481 of the laws of 1981, is amended to 24 read as follows: 25 (a) The "public transportation systems operating assistance account" 26 shall consist of revenues required to be deposited therein pursuant to 27 the provisions of section one hundred eighty-two-a of the tax law, para- 28 graph three of subdivision (d) of section eleven hundred forty-eight of 29 the tax law and all other moneys credited or transferred thereto from 30 any other fund or source pursuant to law. 31 § 7. This act shall take effect immediately and shall apply to sales 32 made on or after June 1, 2023. 33 PART GG 34 Section 1. Short title. This act shall be known and may be cited as 35 the "savings accounts for a variable economy (SAVE) for small businesses 36 act". 37 § 2. The tax law is amended by adding a new section 48 to read as 38 follows: 39 § 48. Small business savings accounts. (a) General. (1) The commis- 40 sioner shall establish a program to administer small business savings 41 accounts under this section. 42 (2) The commissioner shall establish minimum standards for small busi- 43 ness savings accounts and shall establish accounts, or enter into agree- 44 ments that meet these standards to administer such accounts. In estab- 45 lishing such standards and making such agreements the commissioner 46 shall, to the extent practicable, seek to minimize fees, minimize risk 47 of loss of principal, and ensure a range of investment risk options 48 available to account beneficiaries. Any eligible small business may 49 establish a small business savings account with respect to such business 50 under terms which meet the requirements of this section. 51 (b) Definition. For the purposes of this section, the term "small 52 business savings account" means a tax preferred savings account which is 53 designated at the time of establishment of the plan as a small businessA. 3009--B 71 1 savings account. Such designation shall be made in such manner as the 2 commissioner may by regulation prescribe. 3 (c) Contributions. (1) There shall be allowed as a deduction an amount 4 equal to the contributions to a small business savings account for the 5 taxable year. 6 (2) The aggregate amount of contributions for any taxable year to all 7 small business savings accounts maintained for the benefit of an eligi- 8 ble small business shall not exceed an amount equal to ten percent of 9 the entire net income of greater than zero but less than two hundred 10 fifty thousand dollars for article nine-A taxpayers and ten percent of 11 the New York source gross income of greater than zero but less than two 12 hundred fifty thousand dollars for a limited liability company, partner- 13 ship, or New York S corporation. 14 (d) Distributions. (1) Any qualified distribution from a small busi- 15 ness savings account shall not be includible in gross income. 16 (2) Any amounts distributed out of a small business savings account 17 that are not qualified distributions shall be included in gross income 18 for the taxable year of the distribution. 19 (3) For purposes of this section: 20 (A) The term "qualified distribution" means any amount: 21 (i) distributed from a small business savings account during a speci- 22 fied period of economic hardship; and 23 (ii) the distribution of which is certified by the taxpayer as part of 24 a plan which provides for the reinvestment of such distribution for the 25 funding of worker hiring or financial stabilization for the purposes of 26 job retention or creation. 27 (B) The term "specified period of economic hardship" means: 28 (i) any one-year period beginning immediately after the end of any two 29 consecutive quarters during which the annual rate of real gross domestic 30 product (as determined by the Bureau of Economic Analysis of the Depart- 31 ment of Commerce) decreases, or 32 (ii) any period, in no event shorter than one year, specified by the 33 commissioner for purposes of this section. 34 (C) The commissioner may specify a period under clause (ii) of subpar- 35 agraph (B) of this paragraph with respect to a specified area in the 36 case of an area determined by the governor to warrant assistance from 37 the Federal Government under the Robert T. Stafford Disaster Relief and 38 Emergency Assistance Act. 39 (D) The commissioner shall, for each specified period of economic 40 hardship establish a distribution limitation for qualified distributions 41 from eligible small business accounts with respect to such period. The 42 aggregate qualified distributions for any such period from all accounts 43 with respect to an eligible small business shall not exceed such limita- 44 tion. 45 (E) Any distribution not used in the manner certified under subpara- 46 graph (A) of this paragraph shall be treated as a distribution other 47 than a qualified distribution in the taxable year of such distribution. 48 (F) Any amount contributed to a small business savings account (and 49 any earnings attributable thereto), once distributed, shall not be 50 treated as a qualified distribution unless such distribution is made not 51 later than eight years after the date of such contribution. For purposes 52 of this subparagraph, amounts (and the earnings attributable thereto) 53 shall be treated as distributed on a first-in first-out basis. 54 (e) Eligible small business. For purposes of this section: 55 (1) The term "eligible small business" means, with respect to any 56 calendar year, any person if the annual average number of full-timeA. 3009--B 72 1 employees employed by such person during the preceding calendar year was 2 twenty-five or fewer and such person has an annual net income of less 3 than two hundred fifty thousand dollars. For purposes of this paragraph, 4 a preceding calendar year may be taken into account only if the person 5 was in existence throughout the year. 6 (2)(A) The term "full-time employee" means, with respect to any year, 7 an employee who is employed on average at least forty hours of service 8 per week. 9 (B) The commissioner shall prescribe such regulations, rules, and 10 guidance as may be necessary to determine the hours of service of an 11 employee, including rules for the application of this subdivision to 12 employees who are not compensated on an hourly basis. 13 (f) Effect of pledging account as security. If, during any taxable 14 year of the eligible small business for whose benefit an account is 15 established, the account or any portion thereof is pledged as security 16 for a loan, the portion so pledged shall be treated as distributed in a 17 distribution other than a qualified distribution. 18 (g) Annual report. The commissioner shall prepare and deliver an annu- 19 al report on the efficacy of small business savings accounts to the 20 temporary president of the senate and the speaker of the assembly. Such 21 report shall include, but not be limited to, an evaluation as to whether 22 small business savings accounts contribute to financial stabilization of 23 the small business during times of economic hardship, job retention or 24 creation. 25 § 3. Paragraph (a) of subdivision 9 of section 208 of the tax law is 26 amended by adding a new subparagraph 24 to read as follows: 27 (24) For taxable years beginning on or after January first, two thou- 28 sand twenty-three, contributions and qualified distributions by an 29 eligible small business, as such term is defined pursuant to section 30 forty-eight of this chapter. 31 § 4. Paragraph (b) of subdivision 9 of section 208 of the tax law is 32 amended by adding a new subparagraph 28 to read as follows: 33 (28) For taxable years beginning on or after January first, two thou- 34 sand twenty-three, any amounts of ineligible contributions and distrib- 35 utions described in section forty-eight of this chapter. 36 § 5. Subsection (c) of section 612 of the tax law is amended by adding 37 a new paragraph 47 to read as follows: 38 (47) For taxable years beginning on or after January first, two thou- 39 sand twenty-three, contributions and qualified distributions by an 40 eligible small business, as such term is defined pursuant to section 41 forty-eight of this chapter. 42 § 6. Subsection (b) of section 612 of the tax law is amended by adding 43 a new paragraph 44 to read as follows: 44 (44) For taxable years beginning on or after January first, two thou- 45 sand twenty-three, any amounts of ineligible contributions and distrib- 46 utions described in section forty-eight of this chapter. 47 § 7. This act shall take effect immediately and shall apply to taxable 48 years beginning on or after January 1, 2023. 49 PART HH 50 Section 1. Subsection (b) of section 612 of the tax law is amended by 51 adding a new paragraph 44 to read as follows: 52 (44) Any income, gain, loss and deduction, to the extent it is 53 included in federal adjusted gross income and is, when combined and 54 combined with additions for federal deprecation required by paragraphA. 3009--B 73 1 eight of this subsection and subtractions for New York allowed by 2 subsection (k) of this section, less than zero, of an individual or 3 trust from a qualified pass-through manufacturer, as defined in para- 4 graph forty-seven of subsection (c) of this section. 5 § 2. Paragraph 39 of subsection (c) of section 612 of the tax law, as 6 amended by section 1 of part C of chapter 59 of the laws of 2022, is 7 amended and a new paragraph 47 is added to read as follows: 8 (39) (A) In the case of a taxpayer who is a small business or a 9 taxpayer who is a member, partner, or shareholder of a limited liability 10 company, partnership, or New York S corporation, respectively, that is a 11 small business, who or which has business income and/or farm income as 12 defined in the laws of the United States, an amount equal to fifteen 13 percent of the net items of income, gain, loss and deduction attribut- 14 able to such business or farm entering into federal adjusted gross 15 income, but not less than zero. 16 (B) (i) For the purposes of this paragraph, the term small business 17 shall mean: (I) a sole proprietor who employs one or more persons during 18 the taxable year and who has net business income or net farm income of 19 greater than zero but less than two hundred fifty thousand dollars; 20 (II) a limited liability company, partnership, or New York S corpo- 21 ration that during the taxable year employs one or more persons and has 22 net farm income attributable to a farm business that is greater than 23 zero but less than two hundred fifty thousand dollars;[or] 24 (III) a limited liability company, partnership, or New York S corpo- 25 ration that during the taxable year employs one or more persons and has 26 New York gross business income attributable to a non-farm business that 27 is greater than zero but less than one million five hundred thousand 28 dollars[.]; or 29 (IV) For the purposes of this paragraph, the term small business shall 30 exclude any business that is a qualified pass-through manufacturer, as 31 defined in paragraph forty-seven of this subsection for the current tax 32 year. 33 (ii) For purposes of this paragraph, the term New York gross business 34 income shall mean: (I) in the case of a limited liability company or a 35 partnership, New York source gross income as defined in subparagraph (B) 36 of paragraph three of subsection (c) of section six hundred fifty-eight 37 of this article; and (II) in the case of a New York S corporation, New 38 York receipts included in the numerator of the apportionment factor 39 determined under section two hundred ten-A of this chapter for the taxa- 40 ble year. 41 (C) To qualify for this modification in relation to a non-farm small 42 business that is a limited liability company, partnership, or New York S 43 corporation, the taxpayer's income attributable to the net business 44 income from its ownership interests in non-farm limited liability compa- 45 nies, partnerships, or New York S corporations must be less than two 46 hundred fifty thousand dollars. 47 (47) (A) Any income, gain, loss and deduction, to the extent included 48 in federal adjusted gross income and is, when combined and combined with 49 additions for federal depreciation required by paragraph eight of 50 subsection (b) of this section and subtractions for New York allowed by 51 subsection (k) of this section, greater than zero, of an individual or 52 trust from a qualified pass-through manufacturer. Income from a quali- 53 fied pass-through manufacturer shall include wages of an individual 54 controlling ten percent or more of the qualified business or entity. 55 Income or loss from a qualified pass-through manufacturer shall not 56 include an amount representing reasonable compensation for personalA. 3009--B 74 1 services, as defined in the internal revenue code section one hundred 2 sixty-two regulations, for an individual controlling ten percent or more 3 of the qualified business or entity. 4 (B) The qualified pass-through manufacturer may be organized as a sole 5 proprietorship, a partnership, a limited liability company electing to 6 be treated as a partnership or sole proprietorship, or an S corporation. 7 (C) For the purposes of this subsection, the term qualified pass- 8 through manufacturer shall mean a business that is a qualified New York 9 manufacturer, as defined by subparagraph (vi) of paragraph (a) of subdi- 10 vision one of section two hundred ten of this chapter, except that the 11 term "gross receipts" shall be replaced by "business receipts" in deter- 12 mining whether the business is "principally engaged" in manufacturing. A 13 qualified pass-through manufacturer shall not include a business that is 14 currently participating in the START-UP NY program. 15 § 3. Paragraph 2 of subsection (a) of section 606 of the tax law is 16 amended by adding a new subparagraph (B-1) to read as follows: 17 (B-1) Property placed in service during the tax year that is otherwise 18 eligible for the investment tax credit described in subparagraph (A) of 19 this paragraph, will not be eligible for the investment tax credit if 20 the use of the property is by a qualified pass-through manufacturer, as 21 defined in paragraph forty-seven of subsection (c) of section six 22 hundred twelve of this article for the current tax year. 23 § 4. Subdivision 1 of section 210-B of the tax law is amended by 24 adding a new paragraph (g) to read as follows: 25 (g) Property placed in service during the tax year that is otherwise 26 eligible for the investment tax credit described in this subdivision, 27 will not be eligible for the investment tax credit if the use of the 28 property is by a qualified New York manufacturer, as defined in subpara- 29 graph (vi) of paragraph (a) of subsection one of section two hundred ten 30 of this article for the current tax year. 31 § 5. For purposes of determining the modifications of paragraphs 39 32 and 47 of subsection (c) of section 612 of the tax law and the invest- 33 ment tax credit disallowance of subparagraph (B-1) of paragraph 2 of 34 subsection (a) of section 606 of the tax law, the amounts shall be 35 multiplied by the following percentages: (a) for tax years beginning on 36 or after January 1, 2025: forty percent; (b) for tax years beginning on 37 or after January 1, 2026: eighty percent; and (c) for tax years begin- 38 ning on or after January 1, 2027: one hundred percent. 39 § 6. This act shall take effect immediately and shall apply to tax 40 years beginning on or after January 1, 2025. 41 PART II 42 Section 1. Paragraph 1 of subdivision (b) of section 37 of the tax 43 law, as amended by section 1 of part V of chapter 60 of the laws of 44 2016, is amended to read as follows: 45 (1) for the first five hundred thousand gallons of: 46 i. beer[, cider, wine or liquor] produced in this state in the taxable 47 year, the credit shall equal fourteen cents per gallon; [and] 48 ii. cider, artificially carbonated sparkling cider, and natural spar- 49 kling cider, containing more than three and two-tenths per centum of 50 alcohol by volume produced in this state in the taxable year, the credit 51 shall equal three and seventy-nine hundredths cents per gallon; 52 iii. still wine, artificially carbonated sparkling wine, and natural 53 sparkling wine produced in this state in the taxable year, the credit 54 shall equal thirty cents per gallon;A. 3009--B 75 1 iv. liquors containing not more than twenty-four per centum of alcohol 2 by volume, but more than two per centum of alcohol per volume, produced 3 in this state in the taxable year, the credit shall equal two dollars 4 and fifty-four cents per gallon; 5 v. liquors containing more than zero per centum of alcohol by volume, 6 but not more than two per centum of alcohol by volume, produced in this 7 state in the taxable year, the credit shall equal zero; 8 vi. all other liquors produced in this state in the taxable year, the 9 credit shall equal six dollars and forty-four cents per gallon; and 10 § 2. This act shall take effect immediately and shall apply to taxable 11 years beginning on or after January 1, 2023. 12 PART JJ 13 Section 1. The tax law is amended by adding a new article 29-D to read 14 as follows: 15 ARTICLE 29-D 16 FEE ON DELIVERY TRANSACTIONS 17 Section 1299-M. Definitions. 18 1299-N. Imposition of fee on delivery transaction. 19 1299-O. Liability for fee. 20 1299-P. Registration. 21 1299-Q. Returns and payment of fee. 22 1299-R. Records to be kept. 23 1299-S. Secrecy of returns. 24 1299-T. Practice and procedure. 25 1299-U. Deposit and disposition of revenue. 26 1299-V. Cooperation by regulatory agencies. 27 § 1299-M. Definitions. (a) "Person" means an individual, partnership, 28 limited liability company, society, association, joint stock company, 29 corporation, estate, receiver, trustee, assignee, referee or any other 30 person acting in a fiduciary or representative capacity, whether 31 appointed by a court or otherwise, any combination of individuals and 32 any other form of unincorporated enterprise owned or conducted by two or 33 more persons. 34 (b) "Delivery transaction" means a transaction that results in the 35 delivery of personal tangible property from retail sale, whether 36 purchased online or not, to the purchaser within the state. 37 (c) "Purchaser" means for the purposes of this article the person 38 receiving the personal tangible property in the delivery transaction. 39 § 1299-N. Imposition of fee on delivery transaction. (a) In addition 40 to any other tax or assessment imposed by this chapter or other law, 41 there is hereby imposed, beginning on September first, two thousand 42 twenty-three, a fee on delivery transactions of twenty-five cents for 43 each delivery transaction where the delivery is made within the state, 44 except for deliveries of: 45 (1) drugs and medicines intended for use, internally or externally, in 46 the cure, mitigation, treatment or prevention of illnesses or diseases 47 in human beings, medical equipment, including component parts thereof, 48 and supplies required for such use or to correct or alleviate physical 49 incapacity, and products consumed by humans for the preservation of 50 health but not including cosmetics or toilet articles notwithstanding 51 the presence of medicinal ingredients therein or medical equipment, 52 including component parts thereof, and supplies, other than such drugs 53 and medicines, purchased at retail for use in performing medical and 54 similar services for compensation, as such terms are defined in para-A. 3009--B 76 1 graph three of subdivision (a) of section eleven hundred fifteen of this 2 chapter; 3 (2) diapers intended for human use including, but not limited to: 4 disposable, reusable, adult, and children's diapers, as such terms are 5 defined in paragraph thirty-a of subdivision (a) of section eleven 6 hundred fifteen of this chapter; 7 (3) baby formula intended for feeding infants; or 8 (4) any food or food products. 9 (b) The provisions of this article shall not apply to any delivery 10 transaction related to: 11 (1) operating over a rural route and engage exclusively in the trans- 12 portation of United States mail under contract; or 13 (2) owned and operated by the United States, this state or any other 14 state or any county, city, town or municipality in this state, or any 15 other state or by any agency or department thereof. 16 § 1299-O. Liability for fee. (a) Notwithstanding any provision of law 17 to the contrary, every person that sells personal tangible property from 18 retail sales to be delivered within the state shall be personally liable 19 for the fees imposed by this article. For the purposes of this section, 20 a seller shall include a marketplace provider and marketplace seller as 21 such terms are defined in paragraphs one and two of subdivision (e) of 22 section eleven hundred one of this chapter. Provided, however, a market- 23 place seller may be relieved of liability if a marketplace provider 24 collects the fee on behalf of such marketplace seller as described in 25 paragraph one of subdivision (1) of section eleven hundred thirty-two of 26 this chapter. 27 (b) The fee imposed by this article shall be passed along to the 28 purchaser and separately stated on any receipt that is provided to such 29 purchaser. Provided, however, failure to collect such fee shall not 30 relieve the liability imposed on such seller and such fee shall not be 31 construed by any court or administrative body as the imposition of the 32 fee on the purchaser. 33 (c) The fee imposed by this article shall not apply to any purchaser 34 using the supplemental nutrition assistance program, special supple- 35 mental nutrition program for women, infants and children, or any succes- 36 sor programs as full or partial payment for the items purchased where 37 all items purchased in the delivery transaction are purchasable using 38 such programs. 39 § 1299-P. Registration. (a) Every person liable for the fee imposed by 40 this article shall file with the commissioner a properly completed 41 application for a certificate of registration, in a form prescribed by 42 the commissioner. Such application shall be accompanied by a fee of one 43 dollar and fifty cents, and shall set forth the name and address of the 44 registrant, and any other information that the commissioner may require. 45 (b) Except as otherwise provided in this section, the commissioner 46 shall issue a certificate of registration to each person that applies 47 for one for a specified term of not less than three years. Any certif- 48 icate of registration referred to in this subdivision shall be subject 49 to renewal in accordance with rules promulgated by the commissioner, and 50 upon the payment of a fee of one dollar fifty cents. Whether or not such 51 certificate of registration is issued for a specified term, it shall be 52 subject to suspension or revocation as provided for in this section. 53 Each certificate shall state the registrant and the registrant's taxpay- 54 er ID number it is applicable to. Certificates of registration issued 55 pursuant to this article shall be non-assignable and non-transferable, 56 and shall be surrendered to the commissioner immediately upon the regis-A. 3009--B 77 1 trant's ceasing to do business at the address provided in its applica- 2 tion, unless the registrant amends its certificate of registration in 3 accordance with rules promulgated by the commissioner. All registrants 4 must notify the commissioner of changes to any of the information stated 5 on their certificate of registration, including vehicle changes, if any, 6 on a calendar quarterly basis, and shall amend their certificates of 7 registration accordingly. 8 (c) (1) The commissioner may refuse to issue a certificate of regis- 9 tration to a person, or may suspend or revoke a certificate of registra- 10 tion that was issued to a person, pursuant to this section upon finding 11 that: (i) such person failed to pay any monies that are finally deter- 12 mined to be due for any tax or imposition that is administered by the 13 commissioner; (ii) such person failed to file any return that is due 14 from it under this chapter; (iii) such person willfully filed a false 15 return or other document due under this chapter; (iv) such person will- 16 fully violated any provisions of this article, or any rule or regulation 17 of the commissioner promulgated under this article; or (v) a certificate 18 of registration issued pursuant to this section to such person, or to 19 any business or entity under control of such person, or that is subject 20 to substantially the same ownership, direction or control of such 21 person, that has been revoked or suspended within one year from the date 22 on which a certificate of registration is filed. 23 (2) A notice of proposed revocation, suspension or refusal to issue 24 shall be given to the person that applies for a certificate of registra- 25 tion pursuant to this section in the manner prescribed for a notice of 26 deficiency in subsection (a) of section one thousand eighty-one of this 27 chapter, and except as otherwise provided herein, all the provisions of 28 article twenty-seven of this chapter applicable to a notice of deficien- 29 cy shall apply to a notice issued pursuant to this paragraph, insofar as 30 such provisions can be made applicable to such notice, and with such 31 modifications as may be necessary in order to adapt the language of such 32 provisions to the notice authorized by this paragraph. All notices of 33 proposed revocation, suspension or refusal to issue shall contain a 34 statement advising the person to whom it is issued that the suspension, 35 revocation or refusal to issue may be challenged through a hearing proc- 36 ess and that the petition for such challenge must be filed with the 37 division of tax appeals within ninety days after the giving of such 38 notice. 39 (3) In the case of a proposed revocation or suspension, notice of 40 such must be given to a person within three years from the date of the 41 act or omission described in paragraph one of this subdivision, except 42 that in the case of acts involving falsity or fraud, such notice may be 43 issued at any time. 44 (4) In any of the foregoing instances where the commissioner may 45 suspend or revoke or refuse to issue a certificate of registration, the 46 commissioner may condition the retention or issuance of a certificate of 47 registration upon the filing of a bond or the deposit of tax in the 48 manner provided in paragraph two or three of subdivision (e) of section 49 eleven hundred thirty-seven of this chapter. 50 (d) If the commissioner considers it necessary for the proper adminis- 51 tration of the fee imposed by this article, he or she may require every 52 person who holds a certificate of registration issued pursuant to this 53 section to apply for a new certificate of registration in such form and 54 at such time as the commissioner may prescribe, and to surrender each 55 previously issued certificate of registration. The commissioner may 56 require such filing and such surrender not more often than once everyA. 3009--B 78 1 three years. Upon the filing of an application for a new certificate of 2 registration and the surrender of all previous such certificates, the 3 commissioner shall issue, within such time as the commissioner may 4 prescribe, a new certificate of registration, without charge, to each 5 registrant. 6 § 1299-Q. Returns and payment of fee. (a) Every person liable for the 7 fee imposed by this article shall file a return with the commissioner on 8 a monthly basis. Each return shall show the number of delivery trans- 9 actions completed subject to the fee imposed by this article in the 10 month for which the return is filed, along with such other information 11 as the commissioner may require. The returns required by this section 12 shall be filed within twenty days after the end of the month covered 13 thereby. If the commissioner deems it necessary to ensure the payment of 14 the fee imposed by this article, he or she may require returns to be 15 made for shorter periods than prescribed by the foregoing provisions of 16 this section, and upon such dates as may be specified. The form of 17 returns shall be prescribed by the commissioner and shall contain such 18 information as the commissioner may deem necessary for the proper admin- 19 istration of this article. The commissioner may require that returns be 20 filed electronically. 21 (b) Every person liable for the fee imposed by this article shall, at 22 the time of filing such return, pay to the commissioner the total amount 23 of all fees due under this article. Such amount shall be due and payable 24 on the date specified for the filing of the return for such period, 25 without regard to whether a return is filed, or whether the return that 26 is filed correctly shows the correct number of delivery transactions are 27 subject to the fee, or the correct fee amount due thereon. The commis- 28 sioner may require that the fee be paid electronically. 29 (c) In addition to any other penalty or interest provided for under 30 this article or other law, and unless it is shown that such failure is 31 due to reasonable cause and not due to willful neglect, any person 32 liable for the fee imposed by this article that fails to pay such fee 33 when due shall be liable for a penalty in an amount equal to two hundred 34 percent of the total fee amount that is due. 35 § 1299-R. Records to be kept. Every person liable for the fee imposed 36 by this article shall keep, and shall make available for review upon 37 demand by the commissioner: 38 (a) records of delivery transaction completed by such person, includ- 39 ing all amounts paid, charged or due thereon, in such form as the 40 commissioner may require; 41 (b) true and complete copies of any records required to be kept by any 42 applicable regulatory department or agency; and 43 (c) such other records and information as the commissioner may require 44 to perform his or her duties under this article. 45 § 1299-S. Secrecy of returns. (a) Except in accordance with proper 46 judicial order or as otherwise provided by law, it shall be unlawful for 47 the commissioner, any officer or employee of the department, any person 48 engaged or retained by the department on an independent contract basis, 49 or any person who in any manner may acquire knowledge of the contents of 50 a return filed with the commissioner pursuant to this article, to 51 divulge or make known in any manner any particulars set forth or 52 disclosed in any such return. The officers charged with the custody of 53 such returns shall not be required to produce any of them or evidence of 54 anything contained in them in any action or proceeding in any court, 55 except on behalf of the commissioner in an action or proceeding under 56 the provisions of this chapter, or in any other action or proceedingA. 3009--B 79 1 involving the collection of a tax due under this chapter to which the 2 state, the commissioner or an agency that is authorized to permit or 3 regulate the provision of any relevant transportation is a party or a 4 claimant, or on behalf of any party to any action, proceeding or hearing 5 under the provisions of this article, when the returns or the facts 6 shown thereby are directly involved in such action, proceeding or hear- 7 ing, in any of which events the court, or in the case of a hearing, the 8 division of tax appeals, may require the production of, and may admit in 9 evidence so much of said returns or of the facts shown thereby as are 10 pertinent to the action or proceeding and no more. Nothing herein shall 11 be construed, however, to prohibit the commissioner, in his or her 12 discretion, from allowing the inspection or delivery of a certified copy 13 of any return filed under this article, or from providing any informa- 14 tion contained in any such return, by or to a duly authorized officer or 15 employee of the comptroller; nor to prohibit the inspection or delivery 16 of a certified copy of any return filed under this article, or the 17 provision of any information contained therein, by or to the attorney 18 general or other legal representatives of the state when an action shall 19 have been recommended or commenced pursuant to this chapter in which 20 such returns or the facts shown thereby are directly involved; nor to 21 prohibit the commissioner from providing or certifying to the division 22 of the budget or the comptroller the total number of returns filed under 23 this article in any reporting period and the total collections received 24 therefrom; nor to prohibit the delivery to a person liable for the fee 25 imposed by this article, or a duly authorized representative of such, a 26 certified copy of any return filed by such person pursuant to this arti- 27 cle, nor to prohibit the publication of statistics so classified as to 28 prevent the identification of particular returns and the items thereof; 29 nor to prohibit the disclosure, in such manner as the commissioner deems 30 appropriate, of the names and other appropriate identifying information 31 of those persons required to pay the fee imposed by this article. 32 (b) Notwithstanding the provisions of subdivision (a) of this section, 33 the commissioner may permit the secretary of the treasury of the United 34 States or such secretary's delegate, or the authorized representative of 35 either such officer, to inspect any return filed under this article, or 36 may furnish to such officer of such officer's authorized representative 37 an abstract of any such return or supply such person with information 38 concerning an item contained in any such return, or disclosed by any 39 investigation of liability under this article, but such permission shall 40 be granted or such information furnished only if the laws of the United 41 States grant substantially similar privileges to the commissioner or 42 officer of this state charged with the administration of the fee imposed 43 by this article, and only if such information is to be used for purposes 44 of tax administration only; and provided further the commissioner may 45 furnish to the commissioner of internal revenue or such commissioner's 46 authorized representative such returns filed under this article and 47 other tax information, as such commissioner may consider proper, for use 48 in court actions or proceedings under the internal revenue code, whether 49 civil or criminal, where a written request therefor has been made to the 50 commissioner by the secretary of the treasury of the United States or 51 such secretary's delegate, provided the laws of the United States grant 52 substantially similar powers to the secretary of the treasury of the 53 United States or his or her delegate. Where the commissioner has so 54 authorized use of returns and other information in such actions or 55 proceedings, officers and employees of the department may testify inA. 3009--B 80 1 such actions or proceedings in respect to such returns or other informa- 2 tion. 3 (c)(1) Any officer or employer of the state who willfully violates the 4 provisions of subdivision (a) of this section shall be dismissed from 5 office and be incapable of holding any public office for a period of 6 five years thereafter. 7 (2) Cross-reference: For criminal penalties, see article thirty-seven 8 of this chapter. 9 § 1299-T. Practice and procedure. The provisions of article twenty- 10 eight of this chapter shall apply with respect to the administration of 11 and procedure with respect to the fee imposed by this article in the 12 same manner and with the same force and effect as if the language of 13 such article twenty-eight had been incorporated in full into this arti- 14 cle and had expressly referred to the fee imposed by this article, 15 except to the extent that any such provision is either inconsistent with 16 a provision of this article or is not relevant to this article. 17 § 1299-U. Deposit and disposition of revenue. All taxes, interest and 18 penalties collected or received by the commissioner under this article 19 shall be deposited and disposed of pursuant to the provisions of section 20 one hundred seventy-one-a of this chapter, except that after reserving 21 amounts in accordance with such section one hundred seventy-one-a of 22 this chapter: 23 (a) all taxes, interest and penalties collected or received within 24 the counties of the city of New York be deposited and disposed daily 25 with such responsible banks, banking houses or trust companies, as may 26 be designated by the comptroller, in trust for the credit of the metro- 27 politan transportation authority. An account may be established in one 28 or more of such depositories. Such deposits will be kept separate and 29 apart from all other money in the possession of the comptroller. Of the 30 total revenue collected or received under this article, the comptroller 31 shall retain such amount as the commissioner may determine to be neces- 32 sary for refunds under this article. On or before the twelfth day of 33 each month, after reserving such amount for such refunds and deducting 34 such amounts for such costs, the commissioner shall certify to the comp- 35 troller the amount of all revenues received pursuant to this article 36 during the prior month as a result of the tax imposed, including any 37 interest and penalties thereon. The amount of revenues so certified over 38 the prior three months in total shall be paid over by the fifteenth day 39 of the last month of each calendar quarter from such account, without 40 appropriation, into the corporate transportation account of the metro- 41 politan transportation authority special assistance fund established by 42 section twelve hundred seventy-a of the public authorities law for the 43 costs of the New York city transit authority, to be applied as provided 44 in paragraph (e) of subdivision four of such section. 45 (b) all taxes, interest and penalties collected or received with 46 respect to those counties, excluding the counties within the city of New 47 York, comprising the metropolitan commuter transportation district, as 48 defined by the provisions of section twelve hundred sixty-two of the 49 public authorities law, shall be paid into the credit of the metropol- 50 itan mass transportation operating assistance account established by 51 section eighty-eight-a of the state finance law. 52 (c) all taxes, interest and penalties collected or received outside of 53 the metropolitan commuter transportation shall be paid to the credit of 54 the public transportation systems operating assistance account estab- 55 lished by section eighty-eight-a of the state finance law.A. 3009--B 81 1 § 1299-V. Cooperation by regulatory agencies. All regulatory agencies 2 shall cooperate with and assist the commissioner to effectuate the 3 purposes of this article and the commissioner's responsibilities here- 4 under. Such cooperation shall also include furnishing to the commission- 5 er all written, computerized, automated or electronic records in the 6 regulatory agency's possession, or in the possession of any of its 7 agents, instrumentalities, contractors, or any other person authorized 8 or required to obtain or possess such records or information, that 9 account for any person or entity liable under this article. Such infor- 10 mation shall be provided to the commissioner without cost, and in a 11 format prescribed by the commissioner. 12 § 2. The closing paragraph of subdivision 1 of section 1270-a of the 13 public authorities law, as amended by section 7 of part FF of chapter 58 14 of the laws of 2019, is amended to read as follows: 15 The authority shall make deposits in the transit account and the 16 commuter railroad account of the moneys received by it pursuant to the 17 provisions of subdivision one of section two hundred sixty-one of the 18 tax law in accordance with the provisions thereof, and shall make depos- 19 its in the corporate transportation account of the moneys received by it 20 pursuant to the provisions of subdivision two of section two hundred 21 sixty-one of the tax law and section ninety-two-ff of the state finance 22 law. The comptroller shall deposit, without appropriation, into the 23 corporate transportation account the revenue fees, taxes, interest and 24 penalties collected in accordance with paragraph (b-1) of subdivision 25 two of section five hundred three of the vehicle and traffic law, para- 26 graph (c-3) of subdivision two of section five hundred three of the 27 vehicle and traffic law, article seventeen-C of the vehicle and traffic 28 law, article twenty-nine-A of the tax law and section eleven hundred 29 sixty-six-a of the tax law, and subdivision (a) of section twelve 30 hundred ninety-nine-U of the tax law. 31 § 3. Paragraph (a) of subdivision 5 of section 88-a of the state 32 finance law, as added by chapter 481 of the laws of 1981, is amended to 33 read as follows: 34 (a) The "public transportation systems operating assistance account" 35 shall consist of revenues required to be deposited therein pursuant to 36 the provisions of section one hundred eighty-two-a of the tax law, 37 subdivision (c) of section twelve hundred ninety-nine-U of the tax law 38 and all other moneys credited or transferred thereto from any other fund 39 or source pursuant to law. 40 § 4. Paragraph (a) of subdivision 7 of section 88-a of the state 41 finance law, as added by chapter 481 of the laws of 1981, is amended to 42 read as follows: 43 (a) The "metropolitan mass transportation operating assistance 44 account" shall consist of the revenues derived from the taxes for the 45 metropolitan transportation district imposed by section eleven hundred 46 nine of the tax law and that proportion of the receipts received pursu- 47 ant to the tax imposed by article nine-a of such law as specified in 48 section one hundred seventy-one-a of such law, and subdivision (b) of 49 section twelve hundred ninety-nine-U of the tax law, and that proportion 50 of the receipts received pursuant to the tax imposed by article nine of 51 such law as specified in section two hundred five of such law, and the 52 receipts required to be deposited pursuant to the provisions of section 53 one hundred eighty-two-a, and all other moneys credited or transferred 54 thereto from any other fund or source pursuant to law. 55 § 5. This act shall take effect immediately and shall apply to all 56 delivery transactions on or after September 1, 2023.A. 3009--B 82 1 PART KK 2 Section 1. Paragraphs (a) and (b) of subdivision 4 of section 189 of 3 the state finance law, as amended by section 8 of part A of chapter 56 4 of the laws of 2013, are amended to read as follows: 5 (a) This section shall apply to [claims, records, or statements made6under the] tax law violations only if: (i) the net income or sales of 7 the person against whom the action is brought equals or exceeds one 8 million dollars for any taxable year subject to any action brought 9 pursuant to this article; (ii) the damages pleaded in such action exceed 10 three hundred and fifty thousand dollars; [and (iii) the person is11alleged to have violated paragraph (a), (b), (c), (d), (e), (f) or (g)12of subdivision one of this section; provided, however, that nothing in13this subparagraph shall be deemed to modify or restrict the application14of such paragraphs to any act alleged that relates to a violation of the15tax law] provided that (iii) for purposes of applying paragraph (h) of 16 subdivision one of this section to a tax law violation, the person is 17 alleged to have knowingly concealed or knowingly and improperly avoided 18 an obligation to pay taxes to the state or a local government. 19 (b) The attorney general shall consult with the commissioner of the 20 department of taxation and finance prior to filing or intervening in any 21 action under this article that is based on [the filing of false claims,22records or statements made under the tax law] a violation of the tax 23 law. If the state declines to participate or to authorize participation 24 by a local government in such an action pursuant to subdivision two of 25 section one hundred ninety of this article, the qui tam plaintiff must 26 obtain approval from the attorney general before making any motion to 27 compel the department of taxation and finance to disclose tax records. 28 § 2. Nothing in this act shall be deemed to modify or restrict the 29 application of paragraph (a), (b), (c), (d), (e), (f) or (g) of subdivi- 30 sion 1 of section 189 of the state finance law to any act alleged that 31 relates to a violation of the tax law. 32 § 3. This act shall take effect immediately and in any pending case 33 shall apply to any tax obligation knowingly concealed or knowingly 34 avoided before, on, or after such effective date. 35 PART LL 36 Section 1. The state comptroller is hereby authorized and directed to 37 loan money in accordance with the provisions set forth in subdivision 5 38 of section 4 of the state finance law to the following funds and/or 39 accounts: 40 1. DOL-Child performer protection account (20401). 41 2. Local government records management account (20501). 42 3. Child health plus program account (20810). 43 4. EPIC premium account (20818). 44 5. Education - New (20901). 45 6. VLT - Sound basic education fund (20904). 46 7. Sewage treatment program management and administration fund 47 (21000). 48 8. Hazardous bulk storage account (21061). 49 9. Utility environmental regulatory account (21064). 50 10. Federal grants indirect cost recovery account (21065). 51 11. Low level radioactive waste account (21066). 52 12. Recreation account (21067). 53 13. Public safety recovery account (21077).A. 3009--B 83 1 14. Environmental regulatory account (21081). 2 15. Natural resource account (21082). 3 16. Mined land reclamation program account (21084). 4 17. Great lakes restoration initiative account (21087). 5 18. Environmental protection and oil spill compensation fund (21200). 6 19. Public transportation systems account (21401). 7 20. Metropolitan mass transportation (21402). 8 21. Operating permit program account (21451). 9 22. Mobile source account (21452). 10 23. Statewide planning and research cooperative system account 11 (21902). 12 24. New York state thruway authority account (21905). 13 25. Mental hygiene program fund account (21907). 14 26. Mental hygiene patient income account (21909). 15 27. Financial control board account (21911). 16 28. Regulation of racing account (21912). 17 29. State university dormitory income reimbursable account (21937). 18 30. Criminal justice improvement account (21945). 19 31. Environmental laboratory reference fee account (21959). 20 32. Training, management and evaluation account (21961). 21 33. Clinical laboratory reference system assessment account (21962). 22 34. Indirect cost recovery account (21978). 23 35. Multi-agency training account (21989). 24 36. Bell jar collection account (22003). 25 37. Industry and utility service account (22004). 26 38. Real property disposition account (22006). 27 39. Parking account (22007). 28 40. Courts special grants (22008). 29 41. Asbestos safety training program account (22009). 30 42. Batavia school for the blind account (22032). 31 43. Investment services account (22034). 32 44. Surplus property account (22036). 33 45. Financial oversight account (22039). 34 46. Regulation of Indian gaming account (22046). 35 47. Rome school for the deaf account (22053). 36 48. Seized assets account (22054). 37 49. Administrative adjudication account (22055). 38 50. New York City assessment account (22062). 39 51. Cultural education account (22063). 40 52. Local services account (22078). 41 53. DHCR mortgage servicing account (22085). 42 54. Housing indirect cost recovery account (22090). 43 55. Voting Machine Examinations account (22099). 44 56. DHCR-HCA application fee account (22100). 45 57. Low income housing monitoring account (22130). 46 58. Restitution account (22134). 47 59. Corporation administration account (22135). 48 60. New York State Home for Veterans in the Lower-Hudson Valley 49 account (22144). 50 61. Deferred compensation administration account (22151). 51 62. Rent revenue other New York City account (22156). 52 63. Rent revenue account (22158). 53 64. Transportation aviation account (22165). 54 65. Tax revenue arrearage account (22168). 55 66. New York State Campaign Finance Fund account (22211). 56 67. New York state medical indemnity fund account (22240).A. 3009--B 84 1 68. Behavioral health parity compliance fund (22246). 2 69. Pharmacy benefit manager regulatory fund (22255). 3 70. State university general income offset account (22654). 4 71. Lake George park trust fund account (22751). 5 72. Highway safety program account (23001). 6 73. DOH drinking water program account (23102). 7 74. NYCCC operating offset account (23151). 8 75. Commercial gaming revenue account (23701). 9 76. Commercial gaming regulation account (23702). 10 77. Highway use tax administration account (23801). 11 78. New York state secure choice administrative account (23806). 12 79. New York state cannabis revenue fund (24800). 13 80. Fantasy sports administration account (24951). 14 81. Mobile sports wagering fund (24955). 15 82. Highway and bridge capital account (30051). 16 83. State university residence hall rehabilitation fund (30100). 17 84. State parks infrastructure account (30351). 18 85. Clean water/clean air implementation fund (30500). 19 86. Hazardous waste remedial cleanup account (31506). 20 87. Youth facilities improvement account (31701). 21 88. Housing assistance fund (31800). 22 89. Housing program fund (31850). 23 90. Highway facility purpose account (31951). 24 91. New York racing account (32213). 25 92. Capital miscellaneous gifts account (32214). 26 93. Information technology capital financing account (32215). 27 94. New York environmental protection and spill remediation account 28 (32219). 29 95. Mental hygiene facilities capital improvement fund (32300). 30 96. Correctional facilities capital improvement fund (32350). 31 97. New York State Storm Recovery Capital Fund (33000). 32 98. OGS convention center account (50318). 33 99. Empire Plaza Gift Shop (50327). 34 100. Unemployment Insurance Benefit Fund, Interest Assessment Account 35 (50651). 36 101. Centralized services fund (55000). 37 102. Archives records management account (55052). 38 103. Federal single audit account (55053). 39 104. Civil service administration account (55055). 40 105. Civil service EHS occupational health program account (55056). 41 106. Banking services account (55057). 42 107. Cultural resources survey account (55058). 43 108. Neighborhood work project account (55059). 44 109. Automation & printing chargeback account (55060). 45 110. OFT NYT account (55061). 46 111. Data center account (55062). 47 112. Intrusion detection account (55066). 48 113. Domestic violence grant account (55067). 49 114. Centralized technology services account (55069). 50 115. Labor contact center account (55071). 51 116. Human services contact center account (55072). 52 117. Tax contact center account (55073). 53 118. Department of law civil recoveries account (55074). 54 119. Executive direction internal audit account (55251). 55 120. CIO Information technology centralized services account (55252). 56 121. Health insurance internal service account (55300).A. 3009--B 85 1 122. Civil service employee benefits division administrative account 2 (55301). 3 123. Correctional industries revolving fund (55350). 4 124. Employees health insurance account (60201). 5 125. Medicaid management information system escrow fund (60900). 6 126. Virtual currency assessments account. 7 § 1-a. The state comptroller is hereby authorized and directed to loan 8 money in accordance with the provisions set forth in subdivision 5 of 9 section 4 of the state finance law to any account within the following 10 federal funds, provided the comptroller has made a determination that 11 sufficient federal grant award authority is available to reimburse such 12 loans: 13 1. Federal USDA-food and nutrition services fund (25000). 14 2. Federal health and human services fund (25100). 15 3. Federal education fund (25200). 16 4. Federal block grant fund (25250). 17 5. Federal miscellaneous operating grants fund (25300). 18 6. Federal unemployment insurance administration fund (25900). 19 7. Federal unemployment insurance occupational training fund (25950). 20 8. Federal emergency employment act fund (26000). 21 9. Federal capital projects fund (31350). 22 § 2. Notwithstanding any law to the contrary, and in accordance with 23 section 4 of the state finance law, the comptroller is hereby authorized 24 and directed to transfer, upon request of the director of the budget, on 25 or before March 31, 2024, up to the unencumbered balance or the follow- 26 ing amounts: 27 Economic Development and Public Authorities: 28 1. $1,175,000 from the miscellaneous special revenue fund, underground 29 facilities safety training account (22172), to the general fund. 30 2. An amount up to the unencumbered balance from the miscellaneous 31 special revenue fund, business and licensing services account (21977), 32 to the general fund. 33 3. $19,810,000 from the miscellaneous special revenue fund, code 34 enforcement account (21904), to the general fund. 35 4. $3,000,000 from the general fund to the miscellaneous special 36 revenue fund, tax revenue arrearage account (22168). 37 Education: 38 1. $2,314,000,000 from the general fund to the state lottery fund, 39 education account (20901), as reimbursement for disbursements made from 40 such fund for supplemental aid to education pursuant to section 92-c of 41 the state finance law that are in excess of the amounts deposited in 42 such fund for such purposes pursuant to section 1612 of the tax law. 43 2. $1,033,000,000 from the general fund to the state lottery fund, VLT 44 education account (20904), as reimbursement for disbursements made from 45 such fund for supplemental aid to education pursuant to section 92-c of 46 the state finance law that are in excess of the amounts deposited in 47 such fund for such purposes pursuant to section 1612 of the tax law. 48 3. $131,200,000 from the general fund to the New York state commercial 49 gaming fund, commercial gaming revenue account (23701), as reimbursement 50 for disbursements made from such fund for supplemental aid to education 51 pursuant to section 97-nnnn of the state finance law that are in excess 52 of the amounts deposited in such fund for purposes pursuant to section 53 1352 of the racing, pari-mutuel wagering and breeding law. 54 4. $895,897,000 from the general fund to the mobile sports wagering 55 fund, education account (24955), as reimbursement for disbursements made 56 from such fund for supplemental aid to education pursuant to sectionA. 3009--B 86 1 92-c of the state finance law that are in excess of the amounts deposit- 2 ed in such fund for such purposes pursuant to section 1367 of the 3 racing, pari-mutuel wagering and breeding law. 4 5. $7,000,000 from the interactive fantasy sports fund, fantasy sports 5 education account (24950), to the state lottery fund, education account 6 (20901), as reimbursement for disbursements made from such fund for 7 supplemental aid to education pursuant to section 92-c of the state 8 finance law. 9 6. An amount up to the unencumbered balance in the fund on March 31, 10 2024 from the charitable gifts trust fund, elementary and secondary 11 education account (24901), to the general fund, for payment of general 12 support for public schools pursuant to section 3609-a of the education 13 law. 14 7. Moneys from the state lottery fund (20900) up to an amount deposit- 15 ed in such fund pursuant to section 1612 of the tax law in excess of the 16 current year appropriation for supplemental aid to education pursuant to 17 section 92-c of the state finance law. 18 8. $300,000 from the New York state local government records manage- 19 ment improvement fund, local government records management account 20 (20501), to the New York state archives partnership trust fund, archives 21 partnership trust maintenance account (20351). 22 9. $900,000 from the general fund to the miscellaneous special revenue 23 fund, Batavia school for the blind account (22032). 24 10. $900,000 from the general fund to the miscellaneous special reven- 25 ue fund, Rome school for the deaf account (22053). 26 11. $343,400,000 from the state university dormitory income fund 27 (40350) to the miscellaneous special revenue fund, state university 28 dormitory income reimbursable account (21937). 29 12. $8,318,000 from the general fund to the state university income 30 fund, state university income offset account (22654), for the state's 31 share of repayment of the STIP loan. 32 13. Intentionally omitted. 33 14. $5,160,000 from the miscellaneous special revenue fund, office of 34 the professions account (22051), to the miscellaneous capital projects 35 fund, office of the professions electronic licensing account (32222). 36 15. $24,000,000 from any of the state education department's special 37 revenue and internal service funds to the miscellaneous special revenue 38 fund, indirect cost recovery account (21978). 39 16. $4,200,000 from any of the state education department's special 40 revenue or internal service funds to the capital projects fund (30000). 41 17. $30,013,000 from the general fund to the miscellaneous special 42 revenue fund, HESC-insurance premium payments account (21960). 43 Environmental Affairs: 44 1. $16,000,000 from any of the department of environmental conserva- 45 tion's special revenue federal funds, and/or federal capital funds, to 46 the environmental conservation special revenue fund, federal indirect 47 recovery account (21065). 48 2. $5,000,000 from any of the department of environmental conserva- 49 tion's special revenue federal funds, and/or federal capital funds, to 50 the conservation fund (21150) or Marine Resources Account (21151) as 51 necessary to avoid diversion of conservation funds. 52 3. $3,000,000 from any of the office of parks, recreation and historic 53 preservation capital projects federal funds and special revenue federal 54 funds to the miscellaneous special revenue fund, federal grant indirect 55 cost recovery account (22188).A. 3009--B 87 1 4. $1,000,000 from any of the office of parks, recreation and historic 2 preservation special revenue federal funds to the miscellaneous capital 3 projects fund, I love NY water account (32212). 4 5. $100,000,000 from the general fund to the environmental protection 5 fund, environmental protection fund transfer account (30451). 6 6. $6,000,000 from the general fund to the hazardous waste remedial 7 fund, hazardous waste oversight and assistance account (31505). 8 7. An amount up to or equal to the cash balance within the special 9 revenue-other waste management & cleanup account (21053) to the capital 10 projects fund (30000) for services and capital expenses related to the 11 management and cleanup program as put forth in section 27-1915 of the 12 environmental conservation law. 13 8. $1,800,000 from the miscellaneous special revenue fund, public 14 service account (22011) to the miscellaneous special revenue fund, util- 15 ity environmental regulatory account (21064). 16 9. $7,000,000 from the general fund to the enterprise fund, state fair 17 account (50051). 18 10. $4,000,000 from the waste management & cleanup account (21053) to 19 the general fund. 20 11. $3,000,000 from the waste management & cleanup account (21053) to 21 the environmental protection fund transfer account (30451). 22 12. Up to $10,000,000 from the general fund to the miscellaneous 23 special revenue fund, patron services account (22163). 24 Family Assistance: 25 1. $7,000,000 from any of the office of children and family services, 26 office of temporary and disability assistance, or department of health 27 special revenue federal funds and the general fund, in accordance with 28 agreements with social services districts, to the miscellaneous special 29 revenue fund, office of human resources development state match account 30 (21967). 31 2. $4,000,000 from any of the office of children and family services 32 or office of temporary and disability assistance special revenue federal 33 funds to the miscellaneous special revenue fund, family preservation and 34 support services and family violence services account (22082). 35 3. $18,670,000 from any of the office of children and family services, 36 office of temporary and disability assistance, or department of health 37 special revenue federal funds and any other miscellaneous revenues 38 generated from the operation of office of children and family services 39 programs to the general fund. 40 4. $175,000,000 from any of the office of temporary and disability 41 assistance or department of health special revenue funds to the general 42 fund. 43 5. $2,500,000 from any of the office of temporary and disability 44 assistance special revenue funds to the miscellaneous special revenue 45 fund, office of temporary and disability assistance program account 46 (21980). 47 6. $35,000,000 from any of the office of children and family services, 48 office of temporary and disability assistance, department of labor, and 49 department of health special revenue federal funds to the office of 50 children and family services miscellaneous special revenue fund, multi- 51 agency training contract account (21989). 52 7. $205,000,000 from the miscellaneous special revenue fund, youth 53 facility per diem account (22186), to the general fund. 54 8. $621,850 from the general fund to the combined gifts, grants, and 55 bequests fund, WB Hoyt Memorial account (20128).A. 3009--B 88 1 9. $5,000,000 from the miscellaneous special revenue fund, state 2 central registry (22028), to the general fund. 3 10. $900,000 from the general fund to the Veterans' Remembrance and 4 Cemetery Maintenance and Operation account (20201). 5 11. $905,000,000 from the general fund to the housing program fund 6 (31850). 7 12. Up to $10,000,000 from any of the office of children and family 8 services special revenue federal funds to the office of the court admin- 9 istration special revenue other federal iv-e funds account. 10 General Government: 11 1. $12,000,000 from the general fund to the health insurance revolving 12 fund (55300). 13 2. $292,400,000 from the health insurance reserve receipts fund 14 (60550) to the general fund. 15 3. $150,000 from the general fund to the not-for-profit revolving loan 16 fund (20650). 17 4. $150,000 from the not-for-profit revolving loan fund (20650) to the 18 general fund. 19 5. $3,000,000 from the miscellaneous special revenue fund, surplus 20 property account (22036), to the general fund. 21 6. $19,000,000 from the miscellaneous special revenue fund, revenue 22 arrearage account (22024), to the general fund. 23 7. $1,826,000 from the miscellaneous special revenue fund, revenue 24 arrearage account (22024), to the miscellaneous special revenue fund, 25 authority budget office account (22138). 26 8. $1,000,000 from the miscellaneous special revenue fund, parking 27 account (22007), to the general fund, for the purpose of reimbursing the 28 costs of debt service related to state parking facilities. 29 9. $11,460,000 from the general fund to the agencies internal service 30 fund, central technology services account (55069), for the purpose of 31 enterprise technology projects. 32 10. $10,000,000 from the general fund to the agencies internal service 33 fund, state data center account (55062). 34 11. $12,000,000 from the miscellaneous special revenue fund, parking 35 account (22007), to the centralized services, building support services 36 account (55018). 37 12. $30,000,000 from the general fund to the internal service fund, 38 business services center account (55022). 39 13. $8,000,000 from the general fund to the internal service fund, 40 building support services account (55018). 41 14. $1,500,000 from the combined expendable trust fund, plaza special 42 events account (20120), to the general fund. 43 15. $50,000,000 from the New York State cannabis revenue fund (24800) 44 to the general fund. 45 16. A transfer from the general fund to the miscellaneous special 46 revenue fund, New York State Campaign Finance Fund Account (22211), up 47 to an amount equal to total reimbursements due to qualified candidates. 48 17. $6,000,000 from the miscellaneous special revenue fund, standards 49 and purchasing account (22019), to the general fund. 50 Health: 51 1. A transfer from the general fund to the combined gifts, grants and 52 bequests fund, breast cancer research and education account (20155), up 53 to an amount equal to the monies collected and deposited into that 54 account in the previous fiscal year. 55 2. A transfer from the general fund to the combined gifts, grants and 56 bequests fund, prostate cancer research, detection, and educationA. 3009--B 89 1 account (20183), up to an amount equal to the moneys collected and 2 deposited into that account in the previous fiscal year. 3 3. A transfer from the general fund to the combined gifts, grants and 4 bequests fund, Alzheimer's disease research and assistance account 5 (20143), up to an amount equal to the moneys collected and deposited 6 into that account in the previous fiscal year. 7 4. $8,940,000 from the HCRA resources fund (20800) to the miscella- 8 neous special revenue fund, empire state stem cell trust fund account 9 (22161). 10 5. $3,600,000 from the miscellaneous special revenue fund, certificate 11 of need account (21920), to the miscellaneous capital projects fund, 12 healthcare IT capital subfund (32216). 13 6. $4,000,000 from the miscellaneous special revenue fund, vital 14 health records account (22103), to the miscellaneous capital projects 15 fund, healthcare IT capital subfund (32216). 16 7. $6,000,000 from the miscellaneous special revenue fund, profes- 17 sional medical conduct account (22088), to the miscellaneous capital 18 projects fund, healthcare IT capital subfund (32216). 19 8. $114,500,000 from the HCRA resources fund (20800) to the capital 20 projects fund (30000). 21 9. $6,550,000 from the general fund to the medical cannabis trust 22 fund, health operation and oversight account (23755). 23 10. An amount up to the unencumbered balance from the charitable gifts 24 trust fund, health charitable account (24900), to the general fund, for 25 payment of general support for primary, preventive, and inpatient health 26 care, dental and vision care, hunger prevention and nutritional assist- 27 ance, and other services for New York state residents with the overall 28 goal of ensuring that New York state residents have access to quality 29 health care and other related services. 30 11. $500,000 from the miscellaneous special revenue fund, New York 31 State cannabis revenue fund, to the miscellaneous special revenue fund, 32 environmental laboratory fee account (21959). 33 12. An amount up to the unencumbered balance from the public health 34 emergency charitable gifts trust fund to the general fund, for payment 35 of goods and services necessary to respond to a public health disaster 36 emergency or to assist or aid in responding to such a disaster. 37 13. $1,000,000,000 from the general fund to the health care transfor- 38 mation fund (24850). 39 14. $2,590,000 from the miscellaneous special revenue fund, patient 40 safety center account (22140), to the general fund. 41 15. $1,000,000 from the miscellaneous special revenue fund, nursing 42 home receivership account (21925), to the general fund. 43 16. $130,000 from the miscellaneous special revenue fund, quality of 44 care account (21915), to the general fund. 45 17. $2,200,000 from the miscellaneous special revenue fund, adult home 46 quality enhancement account (22091), to the general fund. 47 18. $7,429,000 from the general fund, to the miscellaneous special 48 revenue fund, helen hayes hospital account (22140). 49 19. $1,117,000 from the general fund, to the miscellaneous special 50 revenue fund, New York city veterans' home account (22141). 51 20. $813,000 from the general fund, to the miscellaneous special 52 revenue fund, New York state home for veterans' and their dependents at 53 oxford account (22142). 54 21. $313,000 from the general fund, to the miscellaneous special 55 revenue fund, western New York veterans' home account (22143).A. 3009--B 90 1 22. $1,473,000 from the general fund, to the miscellaneous special 2 revenue fund, New York state for veterans in the lower-hudson valley 3 account (22144). 4 Labor: 5 1. $600,000 from the miscellaneous special revenue fund, DOL fee and 6 penalty account (21923), to the child performer's protection fund, child 7 performer protection account (20401). 8 2. $11,700,000 from the unemployment insurance interest and penalty 9 fund, unemployment insurance special interest and penalty account 10 (23601), to the general fund. 11 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy- 12 ment insurance special interest and penalty account (23601), and public 13 work enforcement account (21998), to the general fund. 14 4. $850,000 from the miscellaneous special revenue fund, DOL elevator 15 safety program fund (22252) to the miscellaneous special revenue fund, 16 DOL fee and penalty account (21923). 17 Mental Hygiene: 18 1. $3,800,000 from the general fund, to the agencies internal service 19 fund, civil service EHS occupational health program account (55056). 20 2. $2,000,000 from the general fund, to the mental hygiene facilities 21 capital improvement fund (32300). 22 3. $20,000,000 from the opioid settlement fund (23817) to the miscel- 23 laneous capital projects fund, opioid settlement capital account. 24 4. $20,000,000 from the miscellaneous capital projects fund, opioid 25 settlement capital account to the opioid settlement fund (23817). 26 Public Protection: 27 1. $1,350,000 from the miscellaneous special revenue fund, emergency 28 management account (21944), to the general fund. 29 2. $2,587,000 from the general fund to the miscellaneous special 30 revenue fund, recruitment incentive account (22171). 31 3. $23,773,000 from the general fund to the correctional industries 32 revolving fund, correctional industries internal service account 33 (55350). 34 4. $2,000,000,000 from any of the division of homeland security and 35 emergency services special revenue federal funds to the general fund. 36 5. $115,420,000 from the state police motor vehicle law enforcement 37 and motor vehicle theft and insurance fraud prevention fund, state 38 police motor vehicle enforcement account (22802), to the general fund 39 for state operation expenses of the division of state police. 40 6. $138,272,000 from the general fund to the correctional facilities 41 capital improvement fund (32350). 42 7. $5,000,000 from the general fund to the dedicated highway and 43 bridge trust fund (30050) for the purpose of work zone safety activities 44 provided by the division of state police for the department of transpor- 45 tation. 46 8. $10,000,000 from the miscellaneous special revenue fund, statewide 47 public safety communications account (22123), to the capital projects 48 fund (30000). 49 9. $9,830,000 from the miscellaneous special revenue fund, legal 50 services assistance account (22096), to the general fund. 51 10. $1,000,000 from the general fund to the agencies internal service 52 fund, neighborhood work project account (55059). 53 11. $7,980,000 from the miscellaneous special revenue fund, finger- 54 print identification & technology account (21950), to the general fund.A. 3009--B 91 1 12. $1,100,000 from the state police motor vehicle law enforcement and 2 motor vehicle theft and insurance fraud prevention fund, motor vehicle 3 theft and insurance fraud account (22801), to the general fund. 4 13. $14,400,000 from the general fund to the miscellaneous special 5 revenue fund, criminal justice improvement account (21945). 6 14. $2,000,000 from the general fund to the miscellaneous special 7 revenue fund, hazard mitigation revolving loan account. 8 Transportation: 9 1. $20,000,000 from the general fund to the mass transportation oper- 10 ating assistance fund, public transportation systems operating assist- 11 ance account (21401), of which $12,000,000 constitutes the base need for 12 operations. 13 2. $727,500,000 from the general fund to the dedicated highway and 14 bridge trust fund (30050). 15 3. $244,250,000 from the general fund to the MTA financial assistance 16 fund, mobility tax trust account (23651). 17 4. $5,000,000 from the miscellaneous special revenue fund, transporta- 18 tion regulation account (22067) to the dedicated highway and bridge 19 trust fund (30050), for disbursements made from such fund for motor 20 carrier safety that are in excess of the amounts deposited in the dedi- 21 cated highway and bridge trust fund (30050) for such purpose pursuant to 22 section 94 of the transportation law. 23 5. $477,000 from the miscellaneous special revenue fund, traffic adju- 24 dication account (22055), to the general fund. 25 6. $5,000,000 from the miscellaneous special revenue fund, transporta- 26 tion regulation account (22067) to the general fund, for disbursements 27 made from such fund for motor carrier safety that are in excess of the 28 amounts deposited in the general fund for such purpose pursuant to 29 section 94 of the transportation law. 30 Miscellaneous: 31 1. $250,000,000 from the general fund to any funds or accounts for the 32 purpose of reimbursing certain outstanding accounts receivable balances. 33 2. $500,000,000 from the general fund to the debt reduction reserve 34 fund (40000). 35 3. $450,000,000 from the New York state storm recovery capital fund 36 (33000) to the revenue bond tax fund (40152). 37 4. $15,500,000 from the general fund, community projects account GG 38 (10256), to the general fund, state purposes account (10050). 39 5. $100,000,000 from any special revenue federal fund to the general 40 fund, state purposes account (10050). 41 6. $8,250,000,000 from the special revenue federal fund, ARPA-Fiscal 42 Recovery Fund (25546) to the general fund, state purposes account 43 (10050) to cover eligible costs incurred by the state. 44 § 3. Notwithstanding any law to the contrary, and in accordance with 45 section 4 of the state finance law, the comptroller is hereby authorized 46 and directed to transfer, on or before March 31, 2024: 47 1. Upon request of the commissioner of environmental conservation, up 48 to $12,745,400 from revenues credited to any of the department of envi- 49 ronmental conservation special revenue funds, including $4,000,000 from 50 the environmental protection and oil spill compensation fund (21200), 51 and $1,834,600 from the conservation fund (21150), to the environmental 52 conservation special revenue fund, indirect charges account (21060). 53 2. Upon request of the commissioner of agriculture and markets, up to 54 $3,000,000 from any special revenue fund or enterprise fund within the 55 department of agriculture and markets to the general fund, to pay appro- 56 priate administrative expenses.A. 3009--B 92 1 3. Upon request of the commissioner of the division of housing and 2 community renewal, up to $6,221,000 from revenues credited to any divi- 3 sion of housing and community renewal federal or miscellaneous special 4 revenue fund to the miscellaneous special revenue fund, housing indirect 5 cost recovery account (22090). 6 4. Upon request of the commissioner of the division of housing and 7 community renewal, up to $5,500,000 may be transferred from any miscel- 8 laneous special revenue fund account, to any miscellaneous special 9 revenue fund. 10 5. Upon request of the commissioner of health up to $13,694,000 from 11 revenues credited to any of the department of health's special revenue 12 funds, to the miscellaneous special revenue fund, administration account 13 (21982). 14 6. Upon the request of the attorney general, up to $4,000,000 from 15 revenues credited to the federal health and human services fund, federal 16 health and human services account (25117) or the miscellaneous special 17 revenue fund, recoveries and revenue account (22041), to the miscella- 18 neous special revenue fund, litigation settlement and civil recovery 19 account (22117). 20 § 4. On or before March 31, 2024, the comptroller is hereby authorized 21 and directed to deposit earnings that would otherwise accrue to the 22 general fund that are attributable to the operation of section 98-a of 23 the state finance law, to the agencies internal service fund, banking 24 services account (55057), for the purpose of meeting direct payments 25 from such account. 26 § 5. Notwithstanding any law to the contrary, upon the direction of 27 the director of the budget and upon requisition by the state university 28 of New York, the dormitory authority of the state of New York is 29 directed to transfer, up to $22,000,000 in revenues generated from the 30 sale of notes or bonds, the state university income fund general revenue 31 account (22653) for reimbursement of bondable equipment for further 32 transfer to the state's general fund. 33 § 6. Notwithstanding any law to the contrary, and in accordance with 34 section 4 of the state finance law, the comptroller is hereby authorized 35 and directed to transfer, upon request of the director of the budget and 36 upon consultation with the state university chancellor or his or her 37 designee, on or before March 31, 2024, up to $16,000,000 from the state 38 university income fund general revenue account (22653) to the state 39 general fund for debt service costs related to campus supported capital 40 project costs for the NY-SUNY 2020 challenge grant program at the 41 University at Buffalo. 42 § 7. Notwithstanding any law to the contrary, and in accordance with 43 section 4 of the state finance law, the comptroller is hereby authorized 44 and directed to transfer, upon request of the director of the budget and 45 upon consultation with the state university chancellor or his or her 46 designee, on or before March 31, 2024, up to $6,500,000 from the state 47 university income fund general revenue account (22653) to the state 48 general fund for debt service costs related to campus supported capital 49 project costs for the NY-SUNY 2020 challenge grant program at the 50 University at Albany. 51 § 8. Notwithstanding any law to the contrary, the state university 52 chancellor or his or her designee is authorized and directed to transfer 53 estimated tuition revenue balances from the state university collection 54 fund (61000) to the state university income fund, state university 55 general revenue offset account (22655) on or before March 31, 2024.A. 3009--B 93 1 § 9. Notwithstanding any law to the contrary, and in accordance with 2 section 4 of the state finance law, the comptroller is hereby authorized 3 and directed to transfer, upon request of the director of the budget, up 4 to $1,439,512,500 from the general fund to the state university income 5 fund, state university general revenue offset account (22655) during the 6 period of July 1, 2023 through June 30, 2024 to support operations at 7 the state university. 8 § 10. Notwithstanding any law to the contrary, and in accordance with 9 section 4 of the state finance law, the comptroller is hereby authorized 10 and directed to transfer, upon request of the director of the budget, up 11 to $62,340,000 from the general fund to the state university income 12 fund, state university general revenue offset account (22655) during the 13 period of July 1, 2023 to June 30, 2024 for general fund operating 14 support pursuant to subparagraph (4-b) of paragraph h of subdivision 2 15 of section three hundred fifty-five of the education law. 16 § 11. Notwithstanding any law to the contrary, and in accordance with 17 section 4 of the state finance law, the comptroller is hereby authorized 18 and directed to transfer, upon request of the director of the budget, up 19 to $20,000,000 from the general fund to the state university income 20 fund, state university general revenue offset account (22655) during the 21 period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit 22 pursuant to subdivision two of section six hundred sixty-nine-h of the 23 education law. 24 § 12. Notwithstanding any law to the contrary, and in accordance with 25 section 4 of the state finance law, the comptroller is hereby authorized 26 and directed to transfer, upon request of the state university chancel- 27 lor or his or her designee, up to $55,000,000 from the state university 28 income fund, state university hospitals income reimbursable account 29 (22656), for services and expenses of hospital operations and capital 30 expenditures at the state university hospitals; and the state university 31 income fund, Long Island veterans' home account (22652) to the state 32 university capital projects fund (32400) on or before June 30, 2024. 33 § 13. Notwithstanding any law to the contrary, and in accordance with 34 section 4 of the state finance law, the comptroller, after consultation 35 with the state university chancellor or his or her designee, is hereby 36 authorized and directed to transfer moneys, in the first instance, from 37 the state university collection fund, Stony Brook hospital collection 38 account (61006), Brooklyn hospital collection account (61007), and Syra- 39 cuse hospital collection account (61008) to the state university income 40 fund, state university hospitals income reimbursable account (22656) in 41 the event insufficient funds are available in the state university 42 income fund, state university hospitals income reimbursable account 43 (22656) to permit the full transfer of moneys authorized for transfer, 44 to the general fund for payment of debt service related to the SUNY 45 hospitals. Notwithstanding any law to the contrary, the comptroller is 46 also hereby authorized and directed, after consultation with the state 47 university chancellor or his or her designee, to transfer moneys from 48 the state university income fund to the state university income fund, 49 state university hospitals income reimbursable account (22656) in the 50 event insufficient funds are available in the state university income 51 fund, state university hospitals income reimbursable account (22656) to 52 pay hospital operating costs or to permit the full transfer of moneys 53 authorized for transfer, to the general fund for payment of debt service 54 related to the SUNY hospitals on or before March 31, 2024. 55 § 14. Notwithstanding any law to the contrary, upon the direction of 56 the director of the budget and the chancellor of the state university ofA. 3009--B 94 1 New York or his or her designee, and in accordance with section 4 of the 2 state finance law, the comptroller is hereby authorized and directed to 3 transfer monies from the state university dormitory income fund (40350) 4 to the state university residence hall rehabilitation fund (30100), and 5 from the state university residence hall rehabilitation fund (30100) to 6 the state university dormitory income fund (40350), in an amount not to 7 exceed $100 million from each fund. 8 § 15. Notwithstanding any law to the contrary, and in accordance with 9 section 4 of the state finance law, the comptroller is hereby authorized 10 and directed to transfer, at the request of the director of the budget, 11 up to $700 million from the unencumbered balance of any special revenue 12 fund or account, agency fund or account, internal service fund or 13 account, enterprise fund or account, or any combination of such funds 14 and accounts, to the general fund. The amounts transferred pursuant to 15 this authorization shall be in addition to any other transfers expressly 16 authorized in the 2023-24 budget. Transfers from federal funds, debt 17 service funds, capital projects funds, the community projects fund, or 18 funds that would result in the loss of eligibility for federal benefits 19 or federal funds pursuant to federal law, rule, or regulation as assent- 20 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 21 1951 are not permitted pursuant to this authorization. 22 § 16. Notwithstanding any law to the contrary, and in accordance with 23 section 4 of the state finance law, the comptroller is hereby authorized 24 and directed to transfer, at the request of the director of the budget, 25 up to $100 million from any non-general fund or account, or combination 26 of funds and accounts, to the miscellaneous special revenue fund, tech- 27 nology financing account (22207), the miscellaneous capital projects 28 fund, the federal capital projects account (31350), information technol- 29 ogy capital financing account (32215), or the centralized technology 30 services account (55069), for the purpose of consolidating technology 31 procurement and services. The amounts transferred to the miscellaneous 32 special revenue fund, technology financing account (22207) pursuant to 33 this authorization shall be equal to or less than the amount of such 34 monies intended to support information technology costs which are 35 attributable, according to a plan, to such account made in pursuance to 36 an appropriation by law. Transfers to the technology financing account 37 shall be completed from amounts collected by non-general funds or 38 accounts pursuant to a fund deposit schedule or permanent statute, and 39 shall be transferred to the technology financing account pursuant to a 40 schedule agreed upon by the affected agency commissioner. Transfers from 41 funds that would result in the loss of eligibility for federal benefits 42 or federal funds pursuant to federal law, rule, or regulation as assent- 43 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 44 1951 are not permitted pursuant to this authorization. 45 § 17. Notwithstanding any law to the contrary, and in accordance with 46 section 4 of the state finance law, the comptroller is hereby authorized 47 and directed to transfer, at the request of the director of the budget, 48 up to $400 million from any non-general fund or account, or combination 49 of funds and accounts, to the general fund for the purpose of consol- 50 idating technology procurement and services. The amounts transferred 51 pursuant to this authorization shall be equal to or less than the amount 52 of such monies intended to support information technology costs which 53 are attributable, according to a plan, to such account made in pursuance 54 to an appropriation by law. Transfers to the general fund shall be 55 completed from amounts collected by non-general funds or accounts pursu- 56 ant to a fund deposit schedule. Transfers from funds that would resultA. 3009--B 95 1 in the loss of eligibility for federal benefits or federal funds pursu- 2 ant to federal law, rule, or regulation as assented to in chapter 683 of 3 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 4 pursuant to this authorization. 5 § 18. Notwithstanding any provision of law to the contrary, as deemed 6 feasible and advisable by its trustees, the power authority of the state 7 of New York is authorized and directed to transfer to the state treasury 8 to the credit of the general fund up to $20,000,000 for the state fiscal 9 year commencing April 1, 2023, the proceeds of which will be utilized to 10 support energy-related state activities. 11 § 19. Notwithstanding any provision of law, rule or regulation to the 12 contrary, the New York state energy research and development authority 13 is authorized and directed to contribute $913,000 to the state treasury 14 to the credit of the general fund on or before March 31, 2024. 15 § 20. Notwithstanding any provision of law, rule or regulation to the 16 contrary, the New York state energy research and development authority 17 is authorized and directed to transfer five million dollars to the cred- 18 it of the Environmental Protection Fund on or before March 31, 2024 from 19 proceeds collected by the authority from the auction or sale of carbon 20 dioxide emission allowances allocated by the department of environmental 21 conservation. 22 § 21. Subdivision 5 of section 97-rrr of the state finance law, as 23 amended by section 21 of part FFF of chapter 56 of the laws of 2022, is 24 amended to read as follows: 25 5. Notwithstanding the provisions of section one hundred seventy-one-a 26 of the tax law, as separately amended by chapters four hundred eighty- 27 one and four hundred eighty-four of the laws of nineteen hundred eight- 28 y-one, and notwithstanding the provisions of chapter ninety-four of the 29 laws of two thousand eleven, or any other provisions of law to the 30 contrary, during the fiscal year beginning April first, two thousand 31 [twenty-two] twenty-three, the state comptroller is hereby authorized 32 and directed to deposit to the fund created pursuant to this section 33 from amounts collected pursuant to article twenty-two of the tax law and 34 pursuant to a schedule submitted by the director of the budget, up to 35 [$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as 36 necessary to meet the purposes of such fund for the fiscal year begin- 37 ning April first, two thousand [twenty-two] twenty-three. 38 § 22. Notwithstanding any law to the contrary, the comptroller is 39 hereby authorized and directed to transfer, upon request of the director 40 of the budget, on or before March 31, 2024, the following amounts from 41 the following special revenue accounts to the capital projects fund 42 (30000), for the purposes of reimbursement to such fund for expenses 43 related to the maintenance and preservation of state assets: 44 1. $43,000 from the miscellaneous special revenue fund, administrative 45 program account (21982). 46 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes 47 hospital account (22140). 48 3. $456,000 from the miscellaneous special revenue fund, New York city 49 veterans' home account (22141). 50 4. $570,000 from the miscellaneous special revenue fund, New York 51 state home for veterans' and their dependents at oxford account (22142). 52 5. $170,000 from the miscellaneous special revenue fund, western New 53 York veterans' home account (22143). 54 6. $323,000 from the miscellaneous special revenue fund, New York 55 state for veterans in the lower-hudson valley account (22144).A. 3009--B 96 1 7. $2,550,000 from the miscellaneous special revenue fund, patron 2 services account (22163). 3 8. $9,016,000 from the miscellaneous special revenue fund, state 4 university general income reimbursable account (22653). 5 9. $142,782,000 from the miscellaneous special revenue fund, state 6 university revenue offset account (22655). 7 10. $51,897,000 from the state university dormitory income fund, state 8 university dormitory income fund (40350). 9 11. $1,000,000 from the miscellaneous special revenue fund, litigation 10 settlement and civil recovery account (22117). 11 § 23. Intentionally omitted. 12 § 24. Subdivision 5 of section 183 of the military law, as amended by 13 section 2 of part O of chapter 55 of the laws of 2018, is amended to 14 read as follows: 15 5. All moneys paid as rent as provided in this section, together with 16 all sums paid to cover expenses of heating and lighting, shall be trans- 17 mitted by the officer in charge and control of the armory through the 18 adjutant general to the state treasury for deposit to the [agencies19enterprise fund] miscellaneous special revenue fund - 339 armory rental 20 account. 21 § 25. Subdivision 2 of section 92-cc of the state finance law, as 22 amended by section 26 of part FFF of chapter 56 of the laws of 2022, is 23 amended to read as follows: 24 2. Such fund shall have a maximum balance not to exceed [fifteen] 25 twenty per centum of the aggregate amount projected to be disbursed from 26 the general fund during the fiscal year immediately following the then- 27 current fiscal year. At the request of the director of the budget, the 28 state comptroller shall transfer monies to the rainy day reserve fund up 29 to and including an amount equivalent to [three] ten per centum of the 30 aggregate amount projected to be disbursed from the general fund [during31the then-current fiscal year] within three days of the end of the then- 32 current fiscal year, unless such transfer would increase the rainy day 33 reserve fund to an amount in excess of [fifteen] twenty per centum of 34 the aggregate amount projected to be disbursed from the general fund 35 during the fiscal year immediately following the then-current fiscal 36 year, in which event such transfer shall be limited to such amount as 37 will increase the rainy day reserve fund to such [fifteen] twenty per 38 centum limitation. 39 § 26. Notwithstanding any other law, rule, or regulation to the 40 contrary, the state comptroller is hereby authorized and directed to use 41 any balance remaining in the mental health services fund debt service 42 appropriation, after payment by the state comptroller of all obligations 43 required pursuant to any lease, sublease, or other financing arrangement 44 between the dormitory authority of the state of New York as successor to 45 the New York state medical care facilities finance agency, and the 46 facilities development corporation pursuant to chapter 83 of the laws of 47 1995 and the department of mental hygiene for the purpose of making 48 payments to the dormitory authority of the state of New York for the 49 amount of the earnings for the investment of monies deposited in the 50 mental health services fund that such agency determines will or may have 51 to be rebated to the federal government pursuant to the provisions of 52 the internal revenue code of 1986, as amended, in order to enable such 53 agency to maintain the exemption from federal income taxation on the 54 interest paid to the holders of such agency's mental services facilities 55 improvement revenue bonds. Annually on or before each June 30th, such 56 agency shall certify to the state comptroller its determination of theA. 3009--B 97 1 amounts received in the mental health services fund as a result of the 2 investment of monies deposited therein that will or may have to be 3 rebated to the federal government pursuant to the provisions of the 4 internal revenue code of 1986, as amended. 5 § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws 6 of 1997, relating to the financing of the correctional facilities 7 improvement fund and the youth facility improvement fund, as amended by 8 section 30 of part FFF of chapter 56 of the laws of 2022, is amended to 9 read as follows: 10 1. Subject to the provisions of chapter 59 of the laws of 2000, but 11 notwithstanding the provisions of section 18 of section 1 of chapter 174 12 of the laws of 1968, the New York state urban development corporation is 13 hereby authorized to issue bonds, notes and other obligations in an 14 aggregate principal amount not to exceed [nine billion five hundred two15million seven hundred thirty-nine thousand dollars $9,502,739,000] nine 16 billion eight hundred sixty-five million eight hundred fifty-nine thou- 17 sand dollars $9,865,859,000, and shall include all bonds, notes and 18 other obligations issued pursuant to chapter 56 of the laws of 1983, as 19 amended or supplemented. The proceeds of such bonds, notes or other 20 obligations shall be paid to the state, for deposit in the correctional 21 facilities capital improvement fund to pay for all or any portion of the 22 amount or amounts paid by the state from appropriations or reappropri- 23 ations made to the department of corrections and community supervision 24 from the correctional facilities capital improvement fund for capital 25 projects. The aggregate amount of bonds, notes or other obligations 26 authorized to be issued pursuant to this section shall exclude bonds, 27 notes or other obligations issued to refund or otherwise repay bonds, 28 notes or other obligations theretofore issued, the proceeds of which 29 were paid to the state for all or a portion of the amounts expended by 30 the state from appropriations or reappropriations made to the department 31 of corrections and community supervision; provided, however, that upon 32 any such refunding or repayment the total aggregate principal amount of 33 outstanding bonds, notes or other obligations may be greater than [nine34billion five hundred two million seven hundred thirty-nine thousand35dollars $9,502,739,000] nine billion eight hundred sixty-five million 36 eight hundred fifty-nine thousand dollars $9,865,859,000, only if the 37 present value of the aggregate debt service of the refunding or repay- 38 ment bonds, notes or other obligations to be issued shall not exceed the 39 present value of the aggregate debt service of the bonds, notes or other 40 obligations so to be refunded or repaid. For the purposes hereof, the 41 present value of the aggregate debt service of the refunding or repay- 42 ment bonds, notes or other obligations and of the aggregate debt service 43 of the bonds, notes or other obligations so refunded or repaid, shall be 44 calculated by utilizing the effective interest rate of the refunding or 45 repayment bonds, notes or other obligations, which shall be that rate 46 arrived at by doubling the semi-annual interest rate (compounded semi- 47 annually) necessary to discount the debt service payments on the refund- 48 ing or repayment bonds, notes or other obligations from the payment 49 dates thereof to the date of issue of the refunding or repayment bonds, 50 notes or other obligations and to the price bid including estimated 51 accrued interest or proceeds received by the corporation including esti- 52 mated accrued interest from the sale thereof. 53 § 28. Subdivision (a) of section 27 of part Y of chapter 61 of the 54 laws of 2005, relating to providing for the administration of certain 55 funds and accounts related to the 2005-2006 budget, as amended byA. 3009--B 98 1 section 31 of part FFF of chapter 56 of the laws of 2022, is amended to 2 read as follows: 3 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 4 notwithstanding any provisions of law to the contrary, the urban devel- 5 opment corporation is hereby authorized to issue bonds or notes in one 6 or more series in an aggregate principal amount not to exceed [four7hundred twenty-six million one hundred thousand dollars $426,100,000] 8 five hundred thirty-eight million one hundred thousand dollars 9 $538,100,000, excluding bonds issued to finance one or more debt service 10 reserve funds, to pay costs of issuance of such bonds, and bonds or 11 notes issued to refund or otherwise repay such bonds or notes previously 12 issued, for the purpose of financing capital projects including IT 13 initiatives for the division of state police, debt service and leases; 14 and to reimburse the state general fund for disbursements made therefor. 15 Such bonds and notes of such authorized issuer shall not be a debt of 16 the state, and the state shall not be liable thereon, nor shall they be 17 payable out of any funds other than those appropriated by the state to 18 such authorized issuer for debt service and related expenses pursuant to 19 any service contract executed pursuant to subdivision (b) of this 20 section and such bonds and notes shall contain on the face thereof a 21 statement to such effect. Except for purposes of complying with the 22 internal revenue code, any interest income earned on bond proceeds shall 23 only be used to pay debt service on such bonds. 24 § 29. Subdivision 3 of section 1285-p of the public authorities law, 25 as amended by section 32 of part FFF of chapter 56 of the laws of 2022, 26 is amended to read as follows: 27 3. The maximum amount of bonds that may be issued for the purpose of 28 financing environmental infrastructure projects authorized by this 29 section shall be [eight billion one hundred seventy-one million one30hundred ten thousand dollars $8,171,110,000] nine billion five hundred 31 three million seven hundred ten thousand dollars $9,503,710,000, exclu- 32 sive of bonds issued to fund any debt service reserve funds, pay costs 33 of issuance of such bonds, and bonds or notes issued to refund or other- 34 wise repay bonds or notes previously issued. Such bonds and notes of the 35 corporation shall not be a debt of the state, and the state shall not be 36 liable thereon, nor shall they be payable out of any funds other than 37 those appropriated by the state to the corporation for debt service and 38 related expenses pursuant to any service contracts executed pursuant to 39 subdivision one of this section, and such bonds and notes shall contain 40 on the face thereof a statement to such effect. 41 § 30. Subdivision (a) of section 48 of part K of chapter 81 of the 42 laws of 2002, relating to providing for the administration of certain 43 funds and accounts related to the 2002-2003 budget, as amended by 44 section 33 of part FFF of chapter 56 of the laws of 2022, is amended to 45 read as follows: 46 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 47 notwithstanding the provisions of section 18 of the urban development 48 corporation act, the corporation is hereby authorized to issue bonds or 49 notes in one or more series in an aggregate principal amount not to 50 exceed [three hundred eighty-three million five hundred thousand dollars51$383,500,000] four hundred seventy-six million five hundred thousand 52 dollars $476,500,000, excluding bonds issued to fund one or more debt 53 service reserve funds, to pay costs of issuance of such bonds, and bonds 54 or notes issued to refund or otherwise repay such bonds or notes previ- 55 ously issued, for the purpose of financing capital costs related to 56 homeland security and training facilities for the division of stateA. 3009--B 99 1 police, the division of military and naval affairs, and any other state 2 agency, including the reimbursement of any disbursements made from the 3 state capital projects fund, and is hereby authorized to issue bonds or 4 notes in one or more series in an aggregate principal amount not to 5 exceed [one billion six hundred four million nine hundred eighty-six6thousand dollars $1,604,986,000] one billion seven hundred ten million 7 eighty-six thousand dollars $1,710,086,000, excluding bonds issued to 8 fund one or more debt service reserve funds, to pay costs of issuance of 9 such bonds, and bonds or notes issued to refund or otherwise repay such 10 bonds or notes previously issued, for the purpose of financing improve- 11 ments to State office buildings and other facilities located statewide, 12 including the reimbursement of any disbursements made from the state 13 capital projects fund. Such bonds and notes of the corporation shall not 14 be a debt of the state, and the state shall not be liable thereon, nor 15 shall they be payable out of any funds other than those appropriated by 16 the state to the corporation for debt service and related expenses 17 pursuant to any service contracts executed pursuant to subdivision (b) 18 of this section, and such bonds and notes shall contain on the face 19 thereof a statement to such effect. 20 § 31. Paragraph (c) of subdivision 19 of section 1680 of the public 21 authorities law, as amended by section 34 of part FFF of chapter 56 of 22 the laws of 2022, is amended to read as follows: 23 (c) Subject to the provisions of chapter fifty-nine of the laws of two 24 thousand, the dormitory authority shall not issue any bonds for state 25 university educational facilities purposes if the principal amount of 26 bonds to be issued when added to the aggregate principal amount of bonds 27 issued by the dormitory authority on and after July first, nineteen 28 hundred eighty-eight for state university educational facilities will 29 exceed [sixteen billion six hundred eleven million five hundred sixty-30four thousand dollars $16,611,564,000] eighteen billion five hundred 31 million sixty-four thousand dollars $18,500,064,000; provided, however, 32 that bonds issued or to be issued shall be excluded from such limitation 33 if: (1) such bonds are issued to refund state university construction 34 bonds and state university construction notes previously issued by the 35 housing finance agency; or (2) such bonds are issued to refund bonds of 36 the authority or other obligations issued for state university educa- 37 tional facilities purposes and the present value of the aggregate debt 38 service on the refunding bonds does not exceed the present value of the 39 aggregate debt service on the bonds refunded thereby; provided, further 40 that upon certification by the director of the budget that the issuance 41 of refunding bonds or other obligations issued between April first, 42 nineteen hundred ninety-two and March thirty-first, nineteen hundred 43 ninety-three will generate long term economic benefits to the state, as 44 assessed on a present value basis, such issuance will be deemed to have 45 met the present value test noted above. For purposes of this subdivi- 46 sion, the present value of the aggregate debt service of the refunding 47 bonds and the aggregate debt service of the bonds refunded, shall be 48 calculated by utilizing the true interest cost of the refunding bonds, 49 which shall be that rate arrived at by doubling the semi-annual interest 50 rate (compounded semi-annually) necessary to discount the debt service 51 payments on the refunding bonds from the payment dates thereof to the 52 date of issue of the refunding bonds to the purchase price of the 53 refunding bonds, including interest accrued thereon prior to the issu- 54 ance thereof. The maturity of such bonds, other than bonds issued to 55 refund outstanding bonds, shall not exceed the weighted average economic 56 life, as certified by the state university construction fund, of theA. 3009--B 100 1 facilities in connection with which the bonds are issued, and in any 2 case not later than the earlier of thirty years or the expiration of the 3 term of any lease, sublease or other agreement relating thereto; 4 provided that no note, including renewals thereof, shall mature later 5 than five years after the date of issuance of such note. The legislature 6 reserves the right to amend or repeal such limit, and the state of New 7 York, the dormitory authority, the state university of New York, and the 8 state university construction fund are prohibited from covenanting or 9 making any other agreements with or for the benefit of bondholders which 10 might in any way affect such right. 11 § 32. Paragraph (c) of subdivision 14 of section 1680 of the public 12 authorities law, as amended by section 35 of part FFF of chapter 56 of 13 the laws of 2022, is amended to read as follows: 14 (c) Subject to the provisions of chapter fifty-nine of the laws of two 15 thousand, (i) the dormitory authority shall not deliver a series of 16 bonds for city university community college facilities, except to refund 17 or to be substituted for or in lieu of other bonds in relation to city 18 university community college facilities pursuant to a resolution of the 19 dormitory authority adopted before July first, nineteen hundred eighty- 20 five or any resolution supplemental thereto, if the principal amount of 21 bonds so to be issued when added to all principal amounts of bonds 22 previously issued by the dormitory authority for city university commu- 23 nity college facilities, except to refund or to be substituted in lieu 24 of other bonds in relation to city university community college facili- 25 ties will exceed the sum of four hundred twenty-five million dollars and 26 (ii) the dormitory authority shall not deliver a series of bonds issued 27 for city university facilities, including community college facilities, 28 pursuant to a resolution of the dormitory authority adopted on or after 29 July first, nineteen hundred eighty-five, except to refund or to be 30 substituted for or in lieu of other bonds in relation to city university 31 facilities and except for bonds issued pursuant to a resolution supple- 32 mental to a resolution of the dormitory authority adopted prior to July 33 first, nineteen hundred eighty-five, if the principal amount of bonds so 34 to be issued when added to the principal amount of bonds previously 35 issued pursuant to any such resolution, except bonds issued to refund or 36 to be substituted for or in lieu of other bonds in relation to city 37 university facilities, will exceed [ten billion two hundred fifty-four38million six hundred eighty-six thousand dollars $10,254,686,000] eleven 39 billion four hundred thirty-three million one hundred fifty-two thousand 40 dollars $11,433,152,000. The legislature reserves the right to amend or 41 repeal such limit, and the state of New York, the dormitory authority, 42 the city university, and the fund are prohibited from covenanting or 43 making any other agreements with or for the benefit of bondholders which 44 might in any way affect such right. 45 § 33. Subdivision 10-a of section 1680 of the public authorities law, 46 as amended by section 36 of part FFF of chapter 56 of the laws of 2022, 47 is amended to read as follows: 48 10-a. Subject to the provisions of chapter fifty-nine of the laws of 49 two thousand, but notwithstanding any other provision of the law to the 50 contrary, the maximum amount of bonds and notes to be issued after March 51 thirty-first, two thousand two, on behalf of the state, in relation to 52 any locally sponsored community college, shall be [one billion one53hundred twenty-three million one hundred forty thousand dollars54$1,123,140,000] one billion two hundred twenty-seven million ninety- 55 five thousand dollars $1,227,095,000. Such amount shall be exclusive of 56 bonds and notes issued to fund any reserve fund or funds, costs of issu-A. 3009--B 101 1 ance and to refund any outstanding bonds and notes, issued on behalf of 2 the state, relating to a locally sponsored community college. 3 § 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws 4 of 1997, relating to the financing of the correctional facilities 5 improvement fund and the youth facility improvement fund, as amended by 6 section 37 of part FFF of chapter 56 of the laws of 2022, is amended to 7 read as follows: 8 1. Subject to the provisions of chapter 59 of the laws of 2000, but 9 notwithstanding the provisions of section 18 of section 1 of chapter 174 10 of the laws of 1968, the New York state urban development corporation is 11 hereby authorized to issue bonds, notes and other obligations in an 12 aggregate principal amount not to exceed [nine hundred sixty-two million13seven hundred fifteen thousand dollars $962,715,000] one billion four- 14 teen million seven hundred thirty-five thousand dollars $1,014,735,000, 15 which authorization increases the aggregate principal amount of bonds, 16 notes and other obligations authorized by section 40 of chapter 309 of 17 the laws of 1996, and shall include all bonds, notes and other obli- 18 gations issued pursuant to chapter 211 of the laws of 1990, as amended 19 or supplemented. The proceeds of such bonds, notes or other obligations 20 shall be paid to the state, for deposit in the youth facilities improve- 21 ment fund or the capital projects fund, to pay for all or any portion of 22 the amount or amounts paid by the state from appropriations or reappro- 23 priations made to the office of children and family services from the 24 youth facilities improvement fund for capital projects. The aggregate 25 amount of bonds, notes and other obligations authorized to be issued 26 pursuant to this section shall exclude bonds, notes or other obligations 27 issued to refund or otherwise repay bonds, notes or other obligations 28 theretofore issued, the proceeds of which were paid to the state for all 29 or a portion of the amounts expended by the state from appropriations or 30 reappropriations made to the office of children and family services; 31 provided, however, that upon any such refunding or repayment the total 32 aggregate principal amount of outstanding bonds, notes or other obli- 33 gations may be greater than [nine hundred sixty-two million seven34hundred fifteen thousand dollars $962,715,000] one billion fourteen 35 million seven hundred thirty-five thousand dollars $1,014,735,000, only 36 if the present value of the aggregate debt service of the refunding or 37 repayment bonds, notes or other obligations to be issued shall not 38 exceed the present value of the aggregate debt service of the bonds, 39 notes or other obligations so to be refunded or repaid. For the purposes 40 hereof, the present value of the aggregate debt service of the refunding 41 or repayment bonds, notes or other obligations and of the aggregate debt 42 service of the bonds, notes or other obligations so refunded or repaid, 43 shall be calculated by utilizing the effective interest rate of the 44 refunding or repayment bonds, notes or other obligations, which shall be 45 that rate arrived at by doubling the semi-annual interest rate 46 (compounded semi-annually) necessary to discount the debt service 47 payments on the refunding or repayment bonds, notes or other obligations 48 from the payment dates thereof to the date of issue of the refunding or 49 repayment bonds, notes or other obligations and to the price bid includ- 50 ing estimated accrued interest or proceeds received by the corporation 51 including estimated accrued interest from the sale thereof. 52 § 35. Paragraph b of subdivision 2 of section 9-a of section 1 of 53 chapter 392 of the laws of 1973, constituting the New York state medical 54 care facilities finance agency act, as amended by section 38 of part FFF 55 of chapter 56 of the laws of 2022, is amended to read as follows:A. 3009--B 102 1 b. The agency shall have power and is hereby authorized from time to 2 time to issue negotiable bonds and notes in conformity with applicable 3 provisions of the uniform commercial code in such principal amount as, 4 in the opinion of the agency, shall be necessary, after taking into 5 account other moneys which may be available for the purpose, to provide 6 sufficient funds to the facilities development corporation, or any 7 successor agency, for the financing or refinancing of or for the design, 8 construction, acquisition, reconstruction, rehabilitation or improvement 9 of mental health services facilities pursuant to paragraph a of this 10 subdivision, the payment of interest on mental health services improve- 11 ment bonds and mental health services improvement notes issued for such 12 purposes, the establishment of reserves to secure such bonds and notes, 13 the cost or premium of bond insurance or the costs of any financial 14 mechanisms which may be used to reduce the debt service that would be 15 payable by the agency on its mental health services facilities improve- 16 ment bonds and notes and all other expenditures of the agency incident 17 to and necessary or convenient to providing the facilities development 18 corporation, or any successor agency, with funds for the financing or 19 refinancing of or for any such design, construction, acquisition, recon- 20 struction, rehabilitation or improvement and for the refunding of mental 21 hygiene improvement bonds issued pursuant to section 47-b of the private 22 housing finance law; provided, however, that the agency shall not issue 23 mental health services facilities improvement bonds and mental health 24 services facilities improvement notes in an aggregate principal amount 25 exceeding [ten billion nine hundred forty-two million eight hundred26thirty-three thousand dollars $10,942,833,000] twelve billion four 27 hundred nine million one hundred fifty-seven thousand dollars 28 $12,409,157,000, excluding mental health services facilities improvement 29 bonds and mental health services facilities improvement notes issued to 30 refund outstanding mental health services facilities improvement bonds 31 and mental health services facilities improvement notes; provided, 32 however, that upon any such refunding or repayment of mental health 33 services facilities improvement bonds and/or mental health services 34 facilities improvement notes the total aggregate principal amount of 35 outstanding mental health services facilities improvement bonds and 36 mental health facilities improvement notes may be greater than [ten37billion nine hundred forty-two million eight hundred thirty-three thou-38sand dollars $10,942,833,000] twelve million four hundred nine million 39 one hundred fifty-seven thousand dollars $12,409,157,000, only if, 40 except as hereinafter provided with respect to mental health services 41 facilities bonds and mental health services facilities notes issued to 42 refund mental hygiene improvement bonds authorized to be issued pursuant 43 to the provisions of section 47-b of the private housing finance law, 44 the present value of the aggregate debt service of the refunding or 45 repayment bonds to be issued shall not exceed the present value of the 46 aggregate debt service of the bonds to be refunded or repaid. For 47 purposes hereof, the present values of the aggregate debt service of the 48 refunding or repayment bonds, notes or other obligations and of the 49 aggregate debt service of the bonds, notes or other obligations so 50 refunded or repaid, shall be calculated by utilizing the effective 51 interest rate of the refunding or repayment bonds, notes or other obli- 52 gations, which shall be that rate arrived at by doubling the semi-annual 53 interest rate (compounded semi-annually) necessary to discount the debt 54 service payments on the refunding or repayment bonds, notes or other 55 obligations from the payment dates thereof to the date of issue of the 56 refunding or repayment bonds, notes or other obligations and to theA. 3009--B 103 1 price bid including estimated accrued interest or proceeds received by 2 the authority including estimated accrued interest from the sale there- 3 of. Such bonds, other than bonds issued to refund outstanding bonds, 4 shall be scheduled to mature over a term not to exceed the average 5 useful life, as certified by the facilities development corporation, of 6 the projects for which the bonds are issued, and in any case shall not 7 exceed thirty years and the maximum maturity of notes or any renewals 8 thereof shall not exceed five years from the date of the original issue 9 of such notes. Notwithstanding the provisions of this section, the agen- 10 cy shall have the power and is hereby authorized to issue mental health 11 services facilities improvement bonds and/or mental health services 12 facilities improvement notes to refund outstanding mental hygiene 13 improvement bonds authorized to be issued pursuant to the provisions of 14 section 47-b of the private housing finance law and the amount of bonds 15 issued or outstanding for such purposes shall not be included for 16 purposes of determining the amount of bonds issued pursuant to this 17 section. The director of the budget shall allocate the aggregate princi- 18 pal authorized to be issued by the agency among the office of mental 19 health, office for people with developmental disabilities, and the 20 office of addiction services and supports, in consultation with their 21 respective commissioners to finance bondable appropriations previously 22 approved by the legislature. 23 § 36. Subdivision (a) of section 28 of part Y of chapter 61 of the 24 laws of 2005, relating to providing for the administration of certain 25 funds and accounts related to the 2005-2006 budget, as amended by 26 section 39 of part FFF of chapter 56 of the laws of 2022, is amended to 27 read as follows: 28 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 29 notwithstanding any provisions of law to the contrary, one or more 30 authorized issuers as defined by section 68-a of the state finance law 31 are hereby authorized to issue bonds or notes in one or more series in 32 an aggregate principal amount not to exceed [one hundred ninety-seven33million dollars $197,000,000] two hundred forty-seven million dollars 34 $247,000,000, excluding bonds issued to finance one or more debt service 35 reserve funds, to pay costs of issuance of such bonds, and bonds or 36 notes issued to refund or otherwise repay such bonds or notes previously 37 issued, for the purpose of financing capital projects for public 38 protection facilities in the Division of Military and Naval Affairs, 39 debt service and leases; and to reimburse the state general fund for 40 disbursements made therefor. Such bonds and notes of such authorized 41 issuer shall not be a debt of the state, and the state shall not be 42 liable thereon, nor shall they be payable out of any funds other than 43 those appropriated by the state to such authorized issuer for debt 44 service and related expenses pursuant to any service contract executed 45 pursuant to subdivision (b) of this section and such bonds and notes 46 shall contain on the face thereof a statement to such effect. Except for 47 purposes of complying with the internal revenue code, any interest 48 income earned on bond proceeds shall only be used to pay debt service on 49 such bonds. 50 § 37. Section 53 of section 1 of chapter 174 of the laws of 1968, 51 constituting the New York state urban development corporation act, as 52 amended by section 40 of part FFF of chapter 56 of the laws of 2022, is 53 amended to read as follows: 54 § 53. 1. Notwithstanding the provisions of any other law to the 55 contrary, the dormitory authority and the urban development corporation 56 are hereby authorized to issue bonds or notes in one or more series forA. 3009--B 104 1 the purpose of funding project costs for the acquisition of equipment, 2 including but not limited to the creation or modernization of informa- 3 tion technology systems and related research and development equipment, 4 health and safety equipment, heavy equipment and machinery, the creation 5 or improvement of security systems, and laboratory equipment and other 6 state costs associated with such capital projects. The aggregate princi- 7 pal amount of bonds authorized to be issued pursuant to this section 8 shall not exceed [three hundred ninety-three million dollars9$393,000,000] five hundred sixty-eight million dollars $568,000,000, 10 excluding bonds issued to fund one or more debt service reserve funds, 11 to pay costs of issuance of such bonds, and bonds or notes issued to 12 refund or otherwise repay such bonds or notes previously issued. Such 13 bonds and notes of the dormitory authority and the urban development 14 corporation shall not be a debt of the state, and the state shall not be 15 liable thereon, nor shall they be payable out of any funds other than 16 those appropriated by the state to the dormitory authority and the urban 17 development corporation for principal, interest, and related expenses 18 pursuant to a service contract and such bonds and notes shall contain on 19 the face thereof a statement to such effect. Except for purposes of 20 complying with the internal revenue code, any interest income earned on 21 bond proceeds shall only be used to pay debt service on such bonds. 22 2. Notwithstanding any other provision of law to the contrary, in 23 order to assist the dormitory authority and the urban development corpo- 24 ration in undertaking the financing for project costs for the acquisi- 25 tion of equipment, including but not limited to the creation or modern- 26 ization of information technology systems and related research and 27 development equipment, health and safety equipment, heavy equipment and 28 machinery, the creation or improvement of security systems, and labora- 29 tory equipment and other state costs associated with such capital 30 projects, the director of the budget is hereby authorized to enter into 31 one or more service contracts with the dormitory authority and the urban 32 development corporation, none of which shall exceed thirty years in 33 duration, upon such terms and conditions as the director of the budget 34 and the dormitory authority and the urban development corporation agree, 35 so as to annually provide to the dormitory authority and the urban 36 development corporation, in the aggregate, a sum not to exceed the prin- 37 cipal, interest, and related expenses required for such bonds and notes. 38 Any service contract entered into pursuant to this section shall provide 39 that the obligation of the state to pay the amount therein provided 40 shall not constitute a debt of the state within the meaning of any 41 constitutional or statutory provision and shall be deemed executory only 42 to the extent of monies available and that no liability shall be 43 incurred by the state beyond the monies available for such purpose, 44 subject to annual appropriation by the legislature. Any such contract or 45 any payments made or to be made thereunder may be assigned and pledged 46 by the dormitory authority and the urban development corporation as 47 security for its bonds and notes, as authorized by this section. 48 § 38. Subdivision (b) of section 11 of chapter 329 of the laws of 49 1991, amending the state finance law and other laws relating to the 50 establishment of the dedicated highway and bridge trust fund, as amended 51 by section 41 of part FFF of chapter 56 of the laws of 2022, is amended 52 to read as follows: 53 (b) Any service contract or contracts for projects authorized pursuant 54 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 55 14-k of the transportation law, and entered into pursuant to subdivision 56 (a) of this section, shall provide for state commitments to provideA. 3009--B 105 1 annually to the thruway authority a sum or sums, upon such terms and 2 conditions as shall be deemed appropriate by the director of the budget, 3 to fund, or fund the debt service requirements of any bonds or any obli- 4 gations of the thruway authority issued to fund or to reimburse the 5 state for funding such projects having a cost not in excess of [thirteen6billion fifty-three million eight hundred eighty-one thousand dollars7$13,053,881,000] thirteen billion nine hundred forty-seven million two 8 hundred thirty-four thousand dollars $13,947,234,000 cumulatively by the 9 end of fiscal year [2022-23] 2023-24. For purposes of this subdivision, 10 such projects shall be deemed to include capital grants to cities, towns 11 and villages for the reimbursement of eligible capital costs of local 12 highway and bridge projects within such municipality, where allocations 13 to cities, towns and villages are based on the total number of New York 14 or United States or interstate signed touring route miles for which such 15 municipality has capital maintenance responsibility, and where such 16 eligible capital costs include the costs of construction and repair of 17 highways, bridges, highway-railroad crossings, and other transportation 18 facilities for projects with a service life of ten years or more. 19 § 39. Subdivision 1 of section 1689-i of the public authorities law, 20 as amended by section 42 of part FFF of chapter 56 of the laws of 2022, 21 is amended to read as follows: 22 1. The dormitory authority is authorized to issue bonds, at the 23 request of the commissioner of education, to finance eligible library 24 construction projects pursuant to section two hundred seventy-three-a of 25 the education law, in amounts certified by such commissioner not to 26 exceed a total principal amount of [three hundred thirty-three million27dollars $333,000,000] three hundred eighty-seven million dollars 28 $387,000,000. 29 § 40. Section 44 of section 1 of chapter 174 of the laws of 1968, 30 constituting the New York state urban development corporation act, as 31 amended by section 43 of part FFF of chapter 56 of the laws of 2022, is 32 amended to read as follows: 33 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the 34 provisions of any other law to the contrary, the dormitory authority and 35 the corporation are hereby authorized to issue bonds or notes in one or 36 more series for the purpose of funding project costs for the regional 37 economic development council initiative, the economic transformation 38 program, state university of New York college for nanoscale and science 39 engineering, projects within the city of Buffalo or surrounding envi- 40 rons, the New York works economic development fund, projects for the 41 retention of professional football in western New York, the empire state 42 economic development fund, the clarkson-trudeau partnership, the New 43 York genome center, the cornell university college of veterinary medi- 44 cine, the olympic regional development authority, projects at nano 45 Utica, onondaga county revitalization projects, Binghamton university 46 school of pharmacy, New York power electronics manufacturing consortium, 47 regional infrastructure projects, high tech innovation and economic 48 development infrastructure program, high technology manufacturing 49 projects in Chautauqua and Erie county, an industrial scale research and 50 development facility in Clinton county, upstate revitalization initi- 51 ative projects, downstate revitalization initiative, market New York 52 projects, fairground buildings, equipment or facilities used to house 53 and promote agriculture, the state fair, the empire state trail, the 54 moynihan station development project, the Kingsbridge armory project, 55 strategic economic development projects, the cultural, arts and public 56 spaces fund, water infrastructure in the city of Auburn and town ofA. 3009--B 106 1 Owasco, a life sciences laboratory public health initiative, not-for- 2 profit pounds, shelters and humane societies, arts and cultural facili- 3 ties improvement program, restore New York's communities initiative, 4 heavy equipment, economic development and infrastructure projects, 5 Roosevelt Island operating corporation capital projects, Lake Ontario 6 regional projects, Pennsylvania station and other transit projects, 7 athletic facilities for professional football in Orchard Park, New York 8 and other state costs associated with such projects. The aggregate prin- 9 cipal amount of bonds authorized to be issued pursuant to this section 10 shall not exceed [fourteen billion nine hundred sixty-eight million four11hundred two thousand dollars $14,968,402,000] seventeen billion six 12 hundred fifteen million six hundred two thousand dollars 13 $17,615,602,000, excluding bonds issued to fund one or more debt service 14 reserve funds, to pay costs of issuance of such bonds, and bonds or 15 notes issued to refund or otherwise repay such bonds or notes previously 16 issued. Such bonds and notes of the dormitory authority and the corpo- 17 ration shall not be a debt of the state, and the state shall not be 18 liable thereon, nor shall they be payable out of any funds other than 19 those appropriated by the state to the dormitory authority and the 20 corporation for principal, interest, and related expenses pursuant to a 21 service contract and such bonds and notes shall contain on the face 22 thereof a statement to such effect. Except for purposes of complying 23 with the internal revenue code, any interest income earned on bond 24 proceeds shall only be used to pay debt service on such bonds. 25 2. Notwithstanding any other provision of law to the contrary, in 26 order to assist the dormitory authority and the corporation in undertak- 27 ing the financing for project costs for the regional economic develop- 28 ment council initiative, the economic transformation program, state 29 university of New York college for nanoscale and science engineering, 30 projects within the city of Buffalo or surrounding environs, the New 31 York works economic development fund, projects for the retention of 32 professional football in western New York, the empire state economic 33 development fund, the clarkson-trudeau partnership, the New York genome 34 center, the cornell university college of veterinary medicine, the olym- 35 pic regional development authority, projects at nano Utica, onondaga 36 county revitalization projects, Binghamton university school of pharma- 37 cy, New York power electronics manufacturing consortium, regional 38 infrastructure projects, New York State Capital Assistance Program for 39 Transportation, infrastructure, and economic development, high tech 40 innovation and economic development infrastructure program, high tech- 41 nology manufacturing projects in Chautauqua and Erie county, an indus- 42 trial scale research and development facility in Clinton county, upstate 43 revitalization initiative projects, downstate revitalization initiative, 44 market New York projects, fairground buildings, equipment or facilities 45 used to house and promote agriculture, the state fair, the empire state 46 trail, the moynihan station development project, the Kingsbridge armory 47 project, strategic economic development projects, the cultural, arts and 48 public spaces fund, water infrastructure in the city of Auburn and town 49 of Owasco, a life sciences laboratory public health initiative, not-for- 50 profit pounds, shelters and humane societies, arts and cultural facili- 51 ties improvement program, restore New York's communities initiative, 52 heavy equipment, economic development and infrastructure projects, 53 Roosevelt Island operating corporation capital projects, Lake Ontario 54 regional projects, Pennsylvania station and other transit projects, 55 athletic facilities for professional football in Orchard Park, New York 56 and other state costs associated with such projects the director of theA. 3009--B 107 1 budget is hereby authorized to enter into one or more service contracts 2 with the dormitory authority and the corporation, none of which shall 3 exceed thirty years in duration, upon such terms and conditions as the 4 director of the budget and the dormitory authority and the corporation 5 agree, so as to annually provide to the dormitory authority and the 6 corporation, in the aggregate, a sum not to exceed the principal, inter- 7 est, and related expenses required for such bonds and notes. Any service 8 contract entered into pursuant to this section shall provide that the 9 obligation of the state to pay the amount therein provided shall not 10 constitute a debt of the state within the meaning of any constitutional 11 or statutory provision and shall be deemed executory only to the extent 12 of monies available and that no liability shall be incurred by the state 13 beyond the monies available for such purpose, subject to annual appro- 14 priation by the legislature. Any such contract or any payments made or 15 to be made thereunder may be assigned and pledged by the dormitory 16 authority and the corporation as security for its bonds and notes, as 17 authorized by this section. 18 § 41. Subdivision 1 of section 386-b of the public authorities law, as 19 amended by section 44 of part FFF of chapter 56 of the laws of 2022, is 20 amended to read as follows: 21 1. Notwithstanding any other provision of law to the contrary, the 22 authority, the dormitory authority and the urban development corporation 23 are hereby authorized to issue bonds or notes in one or more series for 24 the purpose of financing peace bridge projects and capital costs of 25 state and local highways, parkways, bridges, the New York state thruway, 26 Indian reservation roads, and facilities, and transportation infrastruc- 27 ture projects including aviation projects, non-MTA mass transit 28 projects, and rail service preservation projects, including work appur- 29 tenant and ancillary thereto. The aggregate principal amount of bonds 30 authorized to be issued pursuant to this section shall not exceed [ten31billion one hundred forty-seven million eight hundred sixty-three thou-32sand dollars $10,147,863,000] twelve billion four hundred eight million 33 three hundred eleven thousand dollars $12,408,311,000, excluding bonds 34 issued to fund one or more debt service reserve funds, to pay costs of 35 issuance of such bonds, and to refund or otherwise repay such bonds or 36 notes previously issued. Such bonds and notes of the authority, the 37 dormitory authority and the urban development corporation shall not be a 38 debt of the state, and the state shall not be liable thereon, nor shall 39 they be payable out of any funds other than those appropriated by the 40 state to the authority, the dormitory authority and the urban develop- 41 ment corporation for principal, interest, and related expenses pursuant 42 to a service contract and such bonds and notes shall contain on the face 43 thereof a statement to such effect. Except for purposes of complying 44 with the internal revenue code, any interest income earned on bond 45 proceeds shall only be used to pay debt service on such bonds. 46 § 42. Paragraph (a) of subdivision 2 of section 47-e of the private 47 housing finance law, as amended by section 45 of part FFF of chapter 56 48 of the laws of 2022, is amended to read as follows: 49 (a) Subject to the provisions of chapter fifty-nine of the laws of two 50 thousand, in order to enhance and encourage the promotion of housing 51 programs and thereby achieve the stated purposes and objectives of such 52 housing programs, the agency shall have the power and is hereby author- 53 ized from time to time to issue negotiable housing program bonds and 54 notes in such principal amount as shall be necessary to provide suffi- 55 cient funds for the repayment of amounts disbursed (and not previously 56 reimbursed) pursuant to law or any prior year making capital appropri-A. 3009--B 108 1 ations or reappropriations for the purposes of the housing program; 2 provided, however, that the agency may issue such bonds and notes in an 3 aggregate principal amount not exceeding [thirteen billion eighty-two4million eight hundred ninety-one thousand dollars $13,082,891,000] four- 5 teen billion four hundred sixty-three million seven hundred five thou- 6 sand dollars $14,463,705,000, plus a principal amount of bonds issued to 7 fund the debt service reserve fund in accordance with the debt service 8 reserve fund requirement established by the agency and to fund any other 9 reserves that the agency reasonably deems necessary for the security or 10 marketability of such bonds and to provide for the payment of fees and 11 other charges and expenses, including underwriters' discount, trustee 12 and rating agency fees, bond insurance, credit enhancement and liquidity 13 enhancement related to the issuance of such bonds and notes. No reserve 14 fund securing the housing program bonds shall be entitled or eligible to 15 receive state funds apportioned or appropriated to maintain or restore 16 such reserve fund at or to a particular level, except to the extent of 17 any deficiency resulting directly or indirectly from a failure of the 18 state to appropriate or pay the agreed amount under any of the contracts 19 provided for in subdivision four of this section. 20 § 43. Subdivision 1 of section 50 of section 1 of chapter 174 of the 21 laws of 1968, constituting the New York state urban development corpo- 22 ration act, as amended by section 46 of part FFF of chapter 56 of the 23 laws of 2022, is amended to read as follows: 24 1. Notwithstanding the provisions of any other law to the contrary, 25 the dormitory authority and the urban development corporation are hereby 26 authorized to issue bonds or notes in one or more series for the purpose 27 of funding project costs undertaken by or on behalf of the state educa- 28 tion department, special act school districts, state-supported schools 29 for the blind and deaf, approved private special education schools, 30 non-public schools, community centers, day care facilities, residential 31 camps, day camps, Native American Indian Nation schools, and other state 32 costs associated with such capital projects. The aggregate principal 33 amount of bonds authorized to be issued pursuant to this section shall 34 not exceed [three hundred one million seven hundred thousand dollars35$301,700,000] three hundred sixty-six million seven hundred ninety-nine 36 thousand dollars $366,799,000, excluding bonds issued to fund one or 37 more debt service reserve funds, to pay costs of issuance of such bonds, 38 and bonds or notes issued to refund or otherwise repay such bonds or 39 notes previously issued. Such bonds and notes of the dormitory authority 40 and the urban development corporation shall not be a debt of the state, 41 and the state shall not be liable thereon, nor shall they be payable out 42 of any funds other than those appropriated by the state to the dormitory 43 authority and the urban development corporation for principal, interest, 44 and related expenses pursuant to a service contract and such bonds and 45 notes shall contain on the face thereof a statement to such effect. 46 Except for purposes of complying with the internal revenue code, any 47 interest income earned on bond proceeds shall only be used to pay debt 48 service on such bonds. 49 § 44. Subdivision 1 of section 47 of section 1 of chapter 174 of the 50 laws of 1968, constituting the New York state urban development corpo- 51 ration act, as amended by section 47 of part FFF of chapter 56 of the 52 laws of 2022, is amended to read as follows: 53 1. Notwithstanding the provisions of any other law to the contrary, 54 the dormitory authority and the corporation are hereby authorized to 55 issue bonds or notes in one or more series for the purpose of funding 56 project costs for the office of information technology services, depart-A. 3009--B 109 1 ment of law, and other state costs associated with such capital 2 projects. The aggregate principal amount of bonds authorized to be 3 issued pursuant to this section shall not exceed [one billion one4hundred fifty-two million five hundred sixty-six thousand dollars5$1,152,566,000] one billion two hundred eighty-eight million eight 6 hundred fifty-two thousand dollars $1,288,852,000, excluding bonds 7 issued to fund one or more debt service reserve funds, to pay costs of 8 issuance of such bonds, and bonds or notes issued to refund or otherwise 9 repay such bonds or notes previously issued. Such bonds and notes of the 10 dormitory authority and the corporation shall not be a debt of the 11 state, and the state shall not be liable thereon, nor shall they be 12 payable out of any funds other than those appropriated by the state to 13 the dormitory authority and the corporation for principal, interest, and 14 related expenses pursuant to a service contract and such bonds and notes 15 shall contain on the face thereof a statement to such effect. Except for 16 purposes of complying with the internal revenue code, any interest 17 income earned on bond proceeds shall only be used to pay debt service on 18 such bonds. 19 § 45. Paragraph (b) of subdivision 1 of section 385 of the public 20 authorities law, as amended by section 48 of part FFF of chapter 56 of 21 the laws of 2022, is amended to read as follows: 22 (b) The authority is hereby authorized, as additional corporate 23 purposes thereof solely upon the request of the director of the budget: 24 (i) to issue special emergency highway and bridge trust fund bonds and 25 notes for a term not to exceed thirty years and to incur obligations 26 secured by the moneys appropriated from the dedicated highway and bridge 27 trust fund established in section eighty-nine-b of the state finance 28 law; (ii) to make available the proceeds in accordance with instructions 29 provided by the director of the budget from the sale of such special 30 emergency highway and bridge trust fund bonds, notes or other obli- 31 gations, net of all costs to the authority in connection therewith, for 32 the purposes of financing all or a portion of the costs of activities 33 for which moneys in the dedicated highway and bridge trust fund estab- 34 lished in section eighty-nine-b of the state finance law are authorized 35 to be utilized or for the financing of disbursements made by the state 36 for the activities authorized pursuant to section eighty-nine-b of the 37 state finance law; and (iii) to enter into agreements with the commis- 38 sioner of transportation pursuant to section ten-e of the highway law 39 with respect to financing for any activities authorized pursuant to 40 section eighty-nine-b of the state finance law, or agreements with the 41 commissioner of transportation pursuant to sections ten-f and ten-g of 42 the highway law in connection with activities on state highways pursuant 43 to these sections, and (iv) to enter into service contracts, contracts, 44 agreements, deeds and leases with the director of the budget or the 45 commissioner of transportation and project sponsors and others to 46 provide for the financing by the authority of activities authorized 47 pursuant to section eighty-nine-b of the state finance law, and each of 48 the director of the budget and the commissioner of transportation are 49 hereby authorized to enter into service contracts, contracts, agree- 50 ments, deeds and leases with the authority, project sponsors or others 51 to provide for such financing. The authority shall not issue any bonds 52 or notes in an amount in excess of [nineteen billion seven hundred53seventy-six million nine hundred twenty thousand dollars54$19,776,920,000] twenty billion six hundred forty-eight million five 55 hundred seven thousand dollars $20,648,507,000, plus a principal amount 56 of bonds or notes: (A) to fund capital reserve funds; (B) to provideA. 3009--B 110 1 capitalized interest; and, (C) to fund other costs of issuance. In 2 computing for the purposes of this subdivision, the aggregate amount of 3 indebtedness evidenced by bonds and notes of the authority issued pursu- 4 ant to this section, as amended by a chapter of the laws of nineteen 5 hundred ninety-six, there shall be excluded the amount of bonds or notes 6 issued that would constitute interest under the United States Internal 7 Revenue Code of 1986, as amended, and the amount of indebtedness issued 8 to refund or otherwise repay bonds or notes. 9 § 46. Subdivision 1 of section 1680-r of the public authorities law, 10 as amended by section 50 of part FFF of chapter 56 of the laws of 2022, 11 is amended to read as follows: 12 1. Notwithstanding the provisions of any other law to the contrary, 13 the dormitory authority and the urban development corporation are hereby 14 authorized to issue bonds or notes in one or more series for the purpose 15 of funding project costs for the capital restructuring financing program 16 for health care and related facilities licensed pursuant to the public 17 health law or the mental hygiene law and other state costs associated 18 with such capital projects, the health care facility transformation 19 programs, the essential health care provider program, and other health 20 care capital project costs. The aggregate principal amount of bonds 21 authorized to be issued pursuant to this section shall not exceed [four22billion six hundred fifty-three million dollars $4,653,000,000] five 23 billion one hundred fifty-three million dollars $5,153,000,000, exclud- 24 ing bonds issued to fund one or more debt service reserve funds, to pay 25 costs of issuance of such bonds, and bonds or notes issued to refund or 26 otherwise repay such bonds or notes previously issued. Such bonds and 27 notes of the dormitory authority and the urban development corporation 28 shall not be a debt of the state, and the state shall not be liable 29 thereon, nor shall they be payable out of any funds other than those 30 appropriated by the state to the dormitory authority and the urban 31 development corporation for principal, interest, and related expenses 32 pursuant to a service contract and such bonds and notes shall contain on 33 the face thereof a statement to such effect. Except for purposes of 34 complying with the internal revenue code, any interest income earned on 35 bond proceeds shall only be used to pay debt service on such bonds. 36 § 47. Subdivision 1 of section 1680-k of the public authorities law, 37 as amended by section 51 of part FFF of chapter 56 of the laws of 2022, 38 is amended to read as follows: 39 1. Subject to the provisions of chapter fifty-nine of the laws of two 40 thousand, but notwithstanding any provisions of law to the contrary, the 41 dormitory authority is hereby authorized to issue bonds or notes in one 42 or more series in an aggregate principal amount not to exceed [forty43million eight hundred thirty thousand dollars ($40,830,000)] forty 44 million nine hundred forty-five thousand dollars $40,945,000, excluding 45 bonds issued to finance one or more debt service reserve funds, to pay 46 costs of issuance of such bonds, and bonds or notes issued to refund or 47 otherwise repay such bonds or notes previously issued, for the purpose 48 of financing the construction of the New York state agriculture and 49 markets food laboratory. Eligible project costs may include, but not be 50 limited to the cost of design, financing, site investigations, site 51 acquisition and preparation, demolition, construction, rehabilitation, 52 acquisition of machinery and equipment, and infrastructure improvements. 53 Such bonds and notes of such authorized issuers shall not be a debt of 54 the state, and the state shall not be liable thereon, nor shall they be 55 payable out of any funds other than those appropriated by the state to 56 such authorized issuers for debt service and related expenses pursuantA. 3009--B 111 1 to any service contract executed pursuant to subdivision two of this 2 section and such bonds and notes shall contain on the face thereof a 3 statement to such effect. Except for purposes of complying with the 4 internal revenue code, any interest income earned on bond proceeds shall 5 only be used to pay debt service on such bonds. 6 § 48. Intentionally omitted. 7 § 49. Intentionally omitted. 8 § 50. Subdivision 2 of section 58 of section 1 of chapter 174 of the 9 laws of 1968, constituting the New York state urban development corpo- 10 ration act, as added by section 56 of part FFF of chapter 56 of the laws 11 of 2022, is amended to read as follows: 12 2. Definitions. When used in this section: 13 (a) "Commission" shall mean the gateway development commission, a 14 bi-state commission and a body corporate and politic established by the 15 state of New Jersey and the state of New York, acting in the public 16 interest and exercising essential governmental functions in accordance 17 with the Gateway development commission act, and any successor thereto. 18 (b) "Federal transportation loan" shall mean one or more loans made to 19 the commission to finance the Hudson tunnel project under or pursuant to 20 any U.S. Department of Transportation program or act, including but not 21 limited to the Railroad Rehabilitation & Improvement Financing Program 22 or the Transportation Infrastructure Finance and Innovation Act, which 23 loan or loans are related to the state capital commitment. 24 (c) "Gateway development commission act" shall mean chapter 108 of the 25 laws of New York, 2019, as amended. 26 (d) "Gateway project" shall mean the Hudson tunnel project. 27 (e) "Hudson tunnel project" shall mean the project consisting of 28 construction of a tunnel connecting the states of New York and New 29 Jersey and the completion of certain ancillary facilities including 30 construction of concrete casing at Hudson Yards in Manhattan, New York 31 and the rehabilitation of the existing North River Tunnels. 32 (f) "State capital commitment" shall mean an aggregate principal 33 amount not to exceed [$2,350,000,000] $2,850,000,000, plus any interest 34 costs, including capitalized interest, and related expenses and fees 35 payable by the state of New York to the commission under one or more 36 service contracts or other agreements pursuant to this section, as well 37 as any expenses of the state incurred in connection therewith. 38 (g) "Related expenses and fees" shall mean commitment fees and other 39 ancillary costs, expenses and fees incurred, and to become due and paya- 40 ble, by the commission in connection with the Federal transportation 41 loan. 42 § 51. Notwithstanding any law to the contrary, the comptroller is 43 hereby authorized and directed to transfer, upon request of the director 44 of the budget, on or before March 31, 2024 the following amounts from 45 the following special revenue accounts or enterprise funds to the gener- 46 al fund, for the purposes of offsetting principal and interest costs, 47 incurred by the state pursuant to section fifty-three of this act, 48 provided that the annual amount of the transfer shall be no more than 49 the principal and interest that would have otherwise been due to the 50 power authority of the state of New York, from any state agency, in a 51 given state fiscal year. Amounts pertaining to special revenue accounts 52 assigned to the state university of New York shall be considered inter- 53 changeable between the designated special revenue accounts as to meet 54 the requirements of this section and section fifty-three of this act: 55 1. $15,000,000 from the miscellaneous special revenue fund, state 56 university general income reimbursable account (22653).A. 3009--B 112 1 2. $5,000,000 from the miscellaneous special revenue fund, state 2 university dormitory income reimbursable account (21937). 3 3. $5,000,000 from the enterprise fund, city university senior college 4 operating fund (60851). 5 § 52. Section 59 of section 1 of chapter 174 of the laws of 1968, 6 constituting the New York state urban development corporation act, as 7 added by section 59 of part FFF of chapter 56 of the laws of 2022, is 8 amended to read as follows: 9 § 59. The dormitory authority of the state of New York, the New York 10 state urban development corporation, and the New York state thruway 11 authority are hereby authorized to issue bonds in one or more series 12 under either article 5-C or article 5-F of the state finance law for the 13 purpose of refunding obligations of the power authority of the state of 14 New York to fund energy efficiency projects at state agencies including, 15 but not limited to, the state university of New York, city university of 16 New York, the New York state office of general services, New York state 17 office of mental health, state education department, and New York state 18 department of agriculture and markets. The aggregate principal amount 19 of bonds authorized to be issued pursuant to this section shall not 20 exceed [two hundred million dollars ($200,000,000)] four hundred seven- 21 ty-five million dollars ($475,000,000), excluding bonds issued to pay 22 costs of issuance of such bonds and to refund or otherwise repay such 23 bonds. Such bonds issued by the dormitory authority of the state of New 24 York, the New York state urban development corporation, and New York 25 state thruway authority shall not be a debt of the state, and the state 26 shall not be liable thereon, nor shall they be payable out of any funds 27 other than those appropriated by the state under article 5-C or article 28 5-F of the state finance law, as applicable. 29 § 53. Subdivision 1 of section 386-a of the public authorities law, as 30 amended by section 49 of part FFF of chapter 56 of the laws of 2022, is 31 amended to read as follows: 32 1. Notwithstanding any other provision of law to the contrary, the 33 authority, the dormitory authority and the urban development corporation 34 are hereby authorized to issue bonds or notes in one or more series for 35 the purpose of assisting the metropolitan transportation authority in 36 the financing of transportation facilities as defined in subdivision 37 seventeen of section twelve hundred sixty-one of this chapter or other 38 capital projects. The aggregate principal amount of bonds authorized to 39 be issued pursuant to this section shall not exceed twelve billion five 40 hundred fifteen million eight hundred fifty-six thousand dollars 41 $12,515,856,000, excluding bonds issued to fund one or more debt service 42 reserve funds, to pay costs of issuance of such bonds, and to refund or 43 otherwise repay such bonds or notes previously issued. Such bonds and 44 notes of the authority, the dormitory authority and the urban develop- 45 ment corporation shall not be a debt of the state, and the state shall 46 not be liable thereon, nor shall they be payable out of any funds other 47 than those appropriated by the state to the authority, the dormitory 48 authority and the urban development corporation for principal, interest, 49 and related expenses pursuant to a service contract and such bonds and 50 notes shall contain on the face thereof a statement to such effect. 51 Except for purposes of complying with the internal revenue code, any 52 interest income earned on bond proceeds shall only be used to pay debt 53 service on such bonds. Notwithstanding any other provision of law to 54 the contrary, including the limitations contained in subdivision four of 55 section sixty-seven-b of the state finance law, (A) any bonds and notes 56 issued prior to April first, two thousand [twenty-three] twenty-fourA. 3009--B 113 1 pursuant to this section may be issued with a maximum maturity of fifty 2 years, and (B) any bonds issued to refund such bonds and notes may be 3 issued with a maximum maturity of fifty years from the respective date 4 of original issuance of such bonds and notes. 5 § 54. Paragraph (b) of subdivision 4 of section 72 of the state 6 finance law, as amended by section 46 of part JJ of chapter 56 of the 7 laws of 2020, is amended to read as follows: 8 (b) On or before the beginning of each quarter, the director of the 9 budget may certify to the state comptroller the estimated amount of 10 monies that shall be reserved in the general debt service fund for the 11 payment of debt service and related expenses payable by such fund during 12 each month of the state fiscal year, excluding payments due from the 13 revenue bond tax fund. Such certificate may be periodically updated, as 14 necessary. Notwithstanding any provision of law to the contrary, the 15 state comptroller shall reserve in the general debt service fund the 16 amount of monies identified on such certificate as necessary for the 17 payment of debt service and related expenses during the current or next 18 succeeding quarter of the state fiscal year. Such monies reserved shall 19 not be available for any other purpose. Such certificate shall be 20 reported to the chairpersons of the Senate Finance Committee and the 21 Assembly Ways and Means Committee. The provisions of this paragraph 22 shall expire June thirtieth, two thousand [twenty-three] twenty-six. 23 § 55. Paragraph (b) of subdivision 3 and clause (B) of subparagraph 24 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap- 25 ter 63 of the laws of 2005 relating to the composition and responsibil- 26 ities of the New York state higher education capital matching grant 27 board, as amended by section 52 of part FFF of chapter 56 of the laws of 28 2022, are amended to read as follows: 29 (b) Within amounts appropriated therefor, the board is hereby author- 30 ized and directed to award matching capital grants totaling [three31hundred forty-five million dollars $345,000,000] three hundred seventy- 32 five million dollars $375,000,000. Each college shall be eligible for a 33 grant award amount as determined by the calculations pursuant to subdi- 34 vision five of this section. In addition, such colleges shall be eligi- 35 ble to compete for additional funds pursuant to paragraph (h) of subdi- 36 vision four of this section. 37 (B) The dormitory authority shall not issue any bonds or notes in an 38 amount in excess of [three hundred forty-five million dollars39$345,000,000] three hundred seventy-five million dollars $375,000,000 40 for the purposes of this section; excluding bonds or notes issued to 41 fund one or more debt service reserve funds, to pay costs of issuance of 42 such bonds, and bonds or notes issued to refund or otherwise repay such 43 bonds or notes previously issued. Except for purposes of complying with 44 the internal revenue code, any interest on bond proceeds shall only be 45 used to pay debt service on such bonds. 46 § 56. Notwithstanding the provisions of any other law to the contrary, 47 the dormitory authority and the urban development corporation are hereby 48 authorized to issue bonds or notes in one or more series for the purpose 49 of funding project costs for equipment and facilities related to veter- 50 an's programs and other state costs associated with such capital 51 projects. The aggregate principal amount of bonds authorized to be 52 issued pursuant to this section shall not exceed ten million dollars 53 $10,000,000, excluding bonds issued to fund one or more debt service 54 reserve funds, to pay costs of issuance of such bonds, and bonds or 55 notes issued to refund or otherwise repay such bonds or notes previously 56 issued. Such bonds and notes of the dormitory authority and the urbanA. 3009--B 114 1 development corporation shall not be a debt of the state, and the state 2 shall not be liable thereon, nor shall they be payable out of any funds 3 other than those appropriated by the state to the dormitory authority 4 and the urban development corporation for principal, interest, and 5 related expenses pursuant to a service contract and such bonds and notes 6 shall contain on the face thereof a statement to such effect. Except for 7 purposes of complying with the internal revenue code, any interest 8 income earned on bond proceeds shall only be used to pay debt service on 9 such bonds. 10 § 57. Notwithstanding the provisions of any other law to the contrary, 11 the dormitory authority and the urban development corporation are hereby 12 authorized to issue bonds or notes in one or more series for the purpose 13 of funding project costs for equipment for facility upgrades for volun- 14 teer fire companies and other state costs associated with such capital 15 projects. The aggregate principal amount of bonds authorized to be 16 issued pursuant to this section shall not exceed ten million dollars 17 $10,000,000, excluding bonds issued to fund one or more debt service 18 reserve funds, to pay costs of issuance of such bonds, and bonds or 19 notes issued to refund or otherwise repay such bonds or notes previously 20 issued. Such bonds and notes of the dormitory authority and the urban 21 development corporation shall not be a debt of the state, and the state 22 shall not be liable thereon, nor shall they be payable out of any funds 23 other than those appropriated by the state to the dormitory authority 24 and the urban development corporation for principal, interest, and 25 related expenses pursuant to a service contract and such bonds and notes 26 shall contain on the face thereof a statement to such effect. Except for 27 purposes of complying with the internal revenue code, any interest 28 income earned on bond proceeds shall only be used to pay debt service on 29 such bonds. 30 § 58. This act shall take effect immediately and shall be deemed to 31 have been in full force and effect on and after April 1, 2023; provided, 32 however, that the provisions of sections one, one-a, two, three, four, 33 five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven- 34 teen, eighteen, nineteen, twenty and twenty-two, of this act shall 35 expire March 31, 2024 when upon such date the provisions of such 36 sections shall be deemed repealed. 37 PART MM 38 Section 1. The public authorities law is amended by adding a new 39 section 1680-s to read as follows: 40 § 1680-s. Unemployment insurance fund bond financing. 1. As used in 41 this section the following terms shall have the following meanings: 42 (a) "Ancillary bond facility" means any interest rate exchange or 43 similar agreement or any bond insurance policy, letter of credit or 44 other credit enhancement facility, liquidity facility, guaranteed 45 investment or reinvestment agreement, or other similar agreement, 46 arrangement or contract. 47 (b) "Benefitted party" means any person, firm or corporation that 48 enters into an ancillary bond facility with the authority according to 49 the provisions of this section. 50 (c) "Bonds" means any bonds, notes, certificates of participation and 51 other evidence of indebtedness issued by the authority pursuant to 52 subdivision five of this section. 53 (d) "Bond owners or owners of bonds" means any registered owners of 54 bonds.A. 3009--B 115 1 (e) "Code" means the United States Internal Revenue Code of 1986, as 2 amended. 3 (f) "Costs of issuance" means any item of expense directly or indi- 4 rectly payable or reimbursable by the authority and related to the 5 authorization, sale, or issuance of bonds, including, but not limited 6 to, underwriting fees and fees and expenses of professional consultants 7 and fiduciaries. 8 (g) "Debt service" means actual debt service, comprised of principal, 9 interest and associated costs, as defined in section five hundred 10 fifty-four of the labor law. 11 (h) "Director of the budget" or "director" means the director of the 12 budget of the state of New York. 13 (i) "Financing agreement" means any agreement authorized pursuant to 14 subdivision four of this section between the commissioner of labor, the 15 commissioner of taxation and finance and the authority. 16 (j) "Financing costs" means all costs of issuance, capitalized inter- 17 est, capitalized operating expenses of the authority and, pursuant to 18 the financing agreement, the initial capitalized operating expenses of 19 the waiver agreement management office and debt service reserves, fees, 20 costs of any ancillary bond facility, and any other fees, discounts, 21 expenses and costs related to issuing, securing and marketing the bonds 22 including, without limitation, any net original issue discount. 23 (k) "Investment securities" means: (i) general obligations of, or 24 obligations guaranteed by, any state of the United States of America or 25 political subdivision thereof, or the District of Columbia or any agency 26 or instrumentality of any of them, receiving one of the three highest 27 long-term unsecured debt rating categories available for such securities 28 of at least one independent rating agency, or (ii) certificates of 29 deposit, savings accounts, time deposits or other obligations or 30 accounts of banks or trust companies in the state, secured, if the 31 authority shall so require, in such manner as the authority may so 32 determine, or (iii) obligations in which the comptroller is authorized 33 to invest pursuant to either section ninety-eight or ninety-eight-a of 34 the state finance law. 35 (l) "Interest rate exchange or similar agreement" means a written 36 contract entered into in connection with the issuance of bonds or with 37 such bonds outstanding with a counterparty to provide for an exchange or 38 swap of payments based upon fixed and/or variable interest rates, and 39 shall be for exchanges in currency of the United States of America only. 40 (m) "Net proceeds" means the amount of proceeds remaining following 41 each sale of bonds which are not required by the authority for purposes 42 of this section to pay or provide for debt service or financing costs, 43 as provided in the financing agreement. 44 (n) "Operating expenses" means the reasonable or necessary operating 45 expenses of the authority for purposes of this section, including, with- 46 out limitation, the costs of: retention of auditors, preparation of 47 accounting and other reports, maintenance of the ratings on the bonds, 48 any operating expense reserve fund, insurance premiums, ancillary bond 49 facilities, rebate payments, annual meetings or other required activ- 50 ities of the authority, and professional consultants and fiduciaries. 51 (o) "Outstanding", when used with respect to bonds, shall exclude 52 bonds that shall have been paid in full at maturity, or shall have 53 otherwise been refunded, redeemed, defeased or discharged, or that may 54 be deemed not outstanding pursuant to agreements with the holders there- 55 of.A. 3009--B 116 1 (p) "Pledged assessments revenues", "pledged revenues" or "pledged 2 assessments" means receipts of a percentage of contributions imposed on 3 employers pursuant to article eighteen of the labor law and pledged for 4 the payment of debt service on the bonds or amounts due pursuant to an 5 ancillary bond facility, including the right to receive same, in an 6 amount determined by the commissioner of labor, the commissioner of 7 taxation and finance and the authority. 8 (q) "State" means the state of New York. 9 (r) "Unemployment insurance trust fund bond financing agreement" or 10 "financing agreement" means an agreement authorized and created pursuant 11 to subdivision four of this section and section five hundred fifty-four 12 of the labor law, as same by its terms and bond proceedings, may be 13 amended. 14 2. The authority is hereby authorized to issue bonds to reduce the 15 contributions of employers under section five hundred fifty of the labor 16 law as a result of obligations owed to the "Unemployment Insurance Trust 17 Fund" of the United States government or its authorized agent. The 18 authority may enter into one or more unemployment insurance trust fund 19 bond financing agreements described in section five hundred fifty-four 20 of the labor law. All of the provisions of the authority relating to 21 bonds and notes which are not inconsistent with the provisions of this 22 section shall apply to obligations authorized by this section, including 23 but not limited to the power to establish adequate reserves therefor and 24 to issue renewal notes or refunding bonds thereof. The provisions of 25 this section shall apply solely to obligations authorized by this 26 section. 27 3. It is found and declared that obligations owed to the "Unemployment 28 Insurance Trust Fund" will, absent provision for long-term financing, 29 result in the imposition of increased costs on employers through unem- 30 ployment insurance assessments and contributions; that such increased 31 assessments and contributions may have a detrimental impact on busi- 32 nesses in New York state and on their ability to hire and retain employ- 33 ees; that without such financing employers will continue to be required 34 to pay higher assessments and contributions to pay such obligations; 35 that the bonds will provide a more efficient means of covering such 36 obligations in the short-term; that bonds issued by the authority would 37 allow the state to limit the assessments and contributions needed to pay 38 such obligations, thereby furthering the policy of the state to improve 39 the business climate in the state; that all costs of the authority in 40 relation to this section shall be paid from contributions provided for 41 in the labor law; and that, therefore, the provisions of this section 42 are for the public benefit and good and the authorization as provided in 43 this section for the issuance of revenue obligations of the authority is 44 declared to be for a public purpose and the exercise of an essential 45 governmental function. 46 4. (a) The authority, the commissioner of taxation and finance and the 47 commissioner of labor shall execute a financing agreement prior to the 48 issuance of any bonds. Such agreement shall contain such terms and 49 conditions as are necessary to carry out and effectuate the purposes of 50 this section, including covenants with respect to the assessment and 51 enforcement of the assessments, the application and use of the proceeds 52 of the sale of bonds to preserve the tax-exemption on the bonds, the 53 interest on which is intended to be exempt from taxation. The state 54 shall not be authorized to make any covenant, pledge, promise or agree- 55 ment purporting to bind the state with respect to pledged revenues, 56 except as otherwise specifically authorized by this section.A. 3009--B 117 1 (b) The net proceeds of the bonds shall be deposited in accordance 2 with the financing agreement and this section. Not inconsistent with 3 this section, the authority may provide restrictions on the use and 4 investment of net proceeds of the bonds and other amounts in the financ- 5 ing agreement or otherwise in a tax regulatory agreement as necessary or 6 desirable to assure that they are exempt from taxation. 7 5. (a) (i) The authority shall have the power and is hereby authorized 8 to issue its bonds at such times and in such aggregate principal amount 9 not to exceed two billion dollars ($2,000,000,000) excluding bonds 10 issued to finance one or more debt service reserve funds, to pay costs 11 of issuance of such bonds, and bonds or notes issued to refund or other- 12 wise repay such bonds or notes previously issued. The bonds shall be 13 issued for the purpose of reducing the obligations owed to the "Unem- 14 ployment Insurance Trust Fund" of the United States government or its 15 authorized agent. 16 (ii) Each issuance of bonds shall be authorized by a resolution of the 17 authority, provided, however, that any such resolution authorizing the 18 issuance of bonds may delegate to an officer of the authority the power 19 to issue such bonds from time to time and to fix the details of any such 20 issues of bonds by an appropriate certificate of such authorized offi- 21 cer. Every issue of the bonds of the authority for the unemployment 22 insurance trust fund shall be special revenue obligations payable from 23 and secured by a pledge of revenues and other assets, including those 24 proceeds of such bonds deposited in a reserve fund for the benefit of 25 bondholders, earnings on funds of the authority and such other funds and 26 assets as may become available, upon such terms and conditions as speci- 27 fied by the authority in the resolution under which the bonds are issued 28 or in a related trust indenture. 29 (iii) The authority shall have the power and is hereby authorized from 30 time to time to issue bonds to refund any bonds issued under this 31 section by the issuance of new bonds, whether the bonds to be refunded 32 have or have not matured, and to issue bonds partly to refund bonds then 33 outstanding and partly for any of its other corporate purposes under 34 this section. The refunding bonds may be exchanged for the bonds to be 35 refunded or sold and the proceeds applied to the purchase, redemption or 36 payment of such bonds. 37 (b) The bonds of the authority of each issue shall be dated, shall 38 bear interest (which, in the opinion of bond counsel to the authority, 39 may be includable in or excludable from the gross income of the owners 40 for federal income tax purposes) at such fixed or variable rates, paya- 41 ble at or prior to maturity, and shall mature at such time or times, as 42 may be determined by the authority and may be made redeemable before 43 maturity, at the option of the authority, at such price or prices and 44 under such terms and conditions as may be fixed by the authority. The 45 principal and interest of such bonds may be made payable in any lawful 46 medium. The resolution or the certificate of the authorized officer 47 shall determine the form of the bonds, either registered or book-entry 48 form, and the manner of execution of the bonds and shall fix the denomi- 49 nation or denominations of the bonds and the place or places of payment 50 of principal and interest thereof, which may be at any bank or trust 51 company within or outside the state. If any officer whose signature or a 52 facsimile thereof appears on any bonds shall cease to be such officer 53 before the delivery of such bonds, such signature or facsimile shall 54 nevertheless be valid and sufficient for all purposes the same as if 55 such officer had remained in office until such delivery. The authorityA. 3009--B 118 1 may also provide for temporary bonds and for the replacement of any 2 bonds that shall become mutilated or shall be destroyed or lost. 3 (c) The authority may sell such bonds in such manner, either at a 4 public or private sale and either on a competitive or negotiated basis, 5 provided no such bonds may be sold by the authority at private sale 6 unless such sale and the terms thereof have been approved in writing by 7 the comptroller of the state of New York. The proceeds of such bonds 8 shall be disbursed for the purposes for which such bonds were issued 9 under such restrictions as the financing agreement and the resolution 10 authorizing the issuance of such bonds or the related trust indenture 11 may provide. Such bonds shall be issued upon approval of the authority 12 and without any other approvals, filings, proceedings or the happening 13 of any other conditions or things other than the approvals, findings, 14 proceedings, conditions, and things that are specified and required by 15 this section. Provided, however, that any issuance of bonds under the 16 authority of this section shall be considered a project for the purposes 17 of section fifty-one of this chapter, and subject to approval under such 18 section. 19 (d) Any pledge made by the authority shall be valid and binding at the 20 time the pledge is made. The assets, property, revenues, reserves or 21 earnings so pledged shall immediately be subject to the lien of such 22 pledge without any physical delivery thereof or further act and the lien 23 of any such pledge shall be valid and binding as against all parties 24 having claims of any kind against the authority, irrespective of whether 25 such parties have notice thereof. Notwithstanding any other provision of 26 law to the contrary, neither the bond resolution nor any indenture or 27 other instrument, including the financing agreement, by which a pledge 28 is created or by which the authority's interest in pledged assets, prop- 29 erty, revenues, reserves or earnings thereon is assigned need be filed, 30 perfected or recorded in any public records in order to protect the 31 pledge thereof or perfect the lien thereof as against third parties, 32 except that a copy thereof shall be filed in the records of the authori- 33 ty. 34 (e) Whether or not the bonds of the authority are of such form and 35 character as to be negotiable instruments under the terms of the uniform 36 commercial code, the bonds are hereby made negotiable instruments for 37 all purposes, subject only to the provisions of the bonds for registra- 38 tion. 39 (f) At the sole discretion of the authority, any bonds issued by the 40 authority and any ancillary bond facility made under the provisions of 41 this subdivision may be secured by a resolution or trust indenture by 42 and between the authority and the trust indenture trustee, which may be 43 any trust company or bank having the powers of a trust company, whether 44 located within or outside the state, provided it is carried out in 45 accordance with section sixty-nine-d of the state finance law. Such 46 trust indenture or resolution providing for the issuance of such bonds 47 may provide for the creation and maintenance of such reserves as the 48 authority shall determine to be proper and may include covenants setting 49 forth the duties of the authority in relation to the bonds, the income 50 of the authority, or the financing agreement. Such trust indenture or 51 resolution may contain provisions: (i) respecting the custody, safe- 52 guarding and application of all moneys and securities; (ii) protecting 53 and enforcing the rights and remedies (pursuant to the trust indenture 54 and the financing agreement) of the owners of the bonds and any other 55 benefited party as may be reasonable and proper and not in violation of 56 law; (iii) concerning the rights, powers and duties of the trusteeA. 3009--B 119 1 appointed by bondholders pursuant to paragraph (g) of this subdivision; 2 or (iv) limiting or abrogating the right of the bondholders to appoint a 3 trustee. It shall be lawful for any bank or trust company which may act 4 as depository of the proceeds of bonds or of any other funds or obli- 5 gations received on behalf of the authority to furnish such indemnifying 6 bonds or to pledge such securities as may be required by the authority. 7 Any such trust indenture or resolution may contain such other provisions 8 as the authority may deem reasonable and proper for priorities and 9 subordination among the owners of the bonds and other beneficiaries. 10 For purposes of this section, a "resolution" of the authority shall 11 include any trust indenture authorized thereby. 12 (g) The authority may enter into, amend or terminate, as it determines 13 to be necessary or appropriate, any ancillary bond facility (i) to 14 facilitate the issuance, sale, resale, purchase, repurchase or payment 15 of bonds, interest rate savings or market diversification or the making 16 or performance of interest rate exchange or similar agreements, includ- 17 ing without limitation bond insurance, letters of credit and liquidity 18 facilities, (ii) to attempt to manage or hedge risk or achieve a desira- 19 ble effective interest rate or cash flow, or (iii) to place the obli- 20 gations or investments of the authority, as represented by the bonds or 21 the investment of reserved bond proceeds or other pledged revenues or 22 other assets, in whole or in part, on the interest rate, cash flow or 23 other basis, which facility may include without limitation contracts 24 commonly known as interest rate exchange or similar agreements, forward 25 purchase contracts or guaranteed investment contracts and futures or 26 contracts providing for payments based on levels of, or changes in, 27 interest rates. These contracts or arrangements may be entered into by 28 the authority in connection with, or incidental to, entering into, or 29 maintaining any (i) agreement which secures bonds of the authority or 30 (ii) investment, or contract providing for investment of reserves or 31 similar facility guaranteeing an investment rate for a period of years 32 not to exceed the underlying term of the bonds. The determination by the 33 authority that an ancillary bond facility or the amendment or termi- 34 nation thereof is necessary or appropriate as aforesaid shall be conclu- 35 sive. Any ancillary bond facility may contain such payment, security, 36 default, remedy, and termination provisions and payments and other terms 37 and conditions as determined by the authority, after giving due consid- 38 eration to the creditworthiness of the counterparty or other obligated 39 party, including any rating by any nationally recognized rating agency, 40 and any other criteria as may be appropriate. 41 (h) The authority, subject to such agreements with bondholders as may 42 then exist (including provisions which restrict the power of the author- 43 ity to purchase bonds), or with the providers of any applicable ancil- 44 lary bond facility, shall have the power out of any funds available 45 therefor to purchase bonds of the authority, which may or may not there- 46 upon be cancelled, at a price not substantially exceeding: 47 (i) if the bonds are then redeemable, the redemption price then appli- 48 cable, including any accrued interest; or 49 (ii) if the bonds are not then redeemable, the redemption price and 50 accrued interest applicable on the first date after such purchase upon 51 which the bonds become subject to redemption. 52 (i) Neither the members of the authority nor any other person execut- 53 ing the bonds or an ancillary bond facility of the authority shall be 54 subject to any personal liability by reason of the issuance or execution 55 and delivery thereof.A. 3009--B 120 1 (j) The maturities of the bonds shall not exceed fifteen years from 2 their respective issuance dates. 3 6. Neither any bond issued pursuant to this section nor any ancillary 4 bond facility of the authority shall constitute a debt or moral obli- 5 gation of the state or a state supported obligation within the meaning 6 of any constitutional or statutory provision or a pledge of the faith 7 and credit of the state or of the taxing power of the state, and the 8 state shall not be liable to make any payments thereon nor shall any 9 bond or any ancillary bond facility be payable out of any funds or 10 assets other than pledged revenues and other assets of the authority and 11 other funds and assets of or available to the authority pledged there- 12 for, and the bonds and any ancillary bond facility of the authority 13 shall contain on the face thereof or other prominent place thereon a 14 statement to the foregoing effect. 15 7. (a) Subject to the provisions of subdivision five of this section 16 in the event that the authority shall default in the payment of princi- 17 pal of, or interest on, or sinking fund payment on, any issue of bonds 18 after the same shall become due, whether at maturity or upon call for 19 redemption, or in the event that the authority or the state shall fail 20 to comply with any agreement made with the holders of any issue of 21 bonds, the holders of twenty-five percent in aggregate principal amount 22 of the bonds of such issue then outstanding, by instrument or instru- 23 ments filed in the office of the clerk of the county of Albany and 24 proved or acknowledged in the same manner as a deed to be recorded, may 25 appoint a trustee to represent the holders of such bonds for the 26 purposes herein provided. 27 (b) Such trustee may, and upon written request of the holders of twen- 28 ty-five percent in principal amount of such bonds then outstanding 29 shall, in his, her or its own name: 30 (i) by suit, action or proceeding in accordance with the civil prac- 31 tice law and rules, enforce all rights of the bondholders, including the 32 right to require the authority to carry out any agreement with such 33 holders and to perform its duties under this section; 34 (ii) bring suit upon such bonds; 35 (iii) by action or suit, require the authority to account as if it 36 were the trustee of an express trust for the holders of such bonds; 37 (iv) by action or suit, enjoin any acts or things which may be unlaw- 38 ful or in violation of the rights of the holders of such bonds; and 39 (v) declare all such bonds due and payable, and if all defaults shall 40 be made good, then, with the consent of the holders of twenty-five 41 percent of the principal amount of such bonds then outstanding, annul 42 such declaration and its consequences, provided, however, that nothing 43 in this subdivision shall preclude the authority from agreeing that 44 consent of the provider of an ancillary bond facility is required for an 45 acceleration of related bonds in the event of a default other than a 46 failure to pay principal of or interest on the bonds when due. 47 (c) The supreme court shall have jurisdiction of any suit, action or 48 proceeding by the trustee on behalf of such bondholders. The venue of 49 any such suit, action or proceeding shall be laid in the county of Alba- 50 ny. 51 (d) Before declaring the principal of bonds due and payable, the trus- 52 tee shall first give thirty days notice in writing to the authority. 53 8. All monies of the authority from whatever source derived shall be 54 paid to the treasurer of the authority and shall be deposited forthwith 55 in a bank or banks designated by the authority. The monies in such 56 accounts shall be paid out or withdrawn on the order of such person orA. 3009--B 121 1 persons as the authority may authorize to make such requisitions. All 2 deposits of such monies shall either be secured by obligations of the 3 United States or of the state or of any municipality of a market value 4 equal at all times to the amount on deposit, or monies of the authority 5 may be deposited in money market funds rated in the highest short-term 6 or long-term rating category by at least one nationally recognized 7 rating agency. To the extent practicable, and consistent with the 8 requirements of the authority, all such monies shall be deposited in 9 interest bearing accounts. The authority shall have power, notwithstand- 10 ing the provisions of this section, to contract with the holders of any 11 bonds as to the custody, collection, security, investment and payment of 12 any monies of the authority or any monies held in trust or otherwise for 13 the payment of bonds or any way to secure bonds, and carry out any such 14 contract notwithstanding that such contract may be inconsistent with the 15 provisions of this section. Monies held in trust or otherwise for the 16 payment of bonds or in any way to secure bonds and deposits of such 17 moneys may be secured in the same manner as monies of the authority and 18 all banks and trust companies are authorized to give such security for 19 such deposits. Any monies of the authority not required for immediate 20 use or disbursement may, at the discretion of the authority, be invested 21 in accordance with law and such guidelines as are approved by the 22 authority. 23 9. (a) It is hereby determined that the carrying out by the authority 24 of its corporate purposes under this section are in all respects for the 25 benefit of the people of the state of New York and are public purposes. 26 Accordingly, the authority shall be regarded as performing an essential 27 governmental function in the exercise of the powers conferred upon it by 28 this section. The property of the authority, its income and its oper- 29 ations shall be exempt from taxation, assessments, special assessments 30 and ad valorem levies. The authority shall not be required to pay any 31 fees, taxes, special ad valorem levies or assessments of any kind, 32 whether state or local, including, but not limited to, real property 33 taxes, franchise taxes, sales taxes or other taxes, upon or with respect 34 to any property owned by it or under its jurisdiction, control or super- 35 vision, or upon the uses thereof, or upon or with respect to its activ- 36 ities or operations in furtherance of the powers conferred upon it by 37 this section, or upon or with respect to any assessments, rates, charg- 38 es, fees, revenues or other income received by the authority. 39 (b) Any bonds issued pursuant to this section, their transfer and the 40 income therefrom shall, at all times, be exempt from taxation except for 41 estate or gift taxes and taxes on transfers. 42 (c) The state hereby covenants with the purchasers and with all subse- 43 quent holders and transferees of bonds issued by the authority pursuant 44 to this section, in consideration of the acceptance of and payment for 45 the bonds, that the bonds of the authority issued pursuant to this 46 section and the income therefrom and all assessments, revenues, moneys, 47 and other property received by the authority and pledged to pay or to 48 secure the payment of such bonds shall at all times be exempt from taxa- 49 tion. 50 (d) In the case of any bonds of the authority, interest on which is 51 intended to be exempt from federal income tax, the authority shall 52 prescribe restrictions on the use of the proceeds thereof and related 53 matters only as are necessary or desirable to assure such exemption, and 54 the recipients of such proceeds shall be bound thereby to the extent 55 such restrictions shall be made applicable to them. Any such recipient, 56 including, but not limited to, the state, the state insurance fund, aA. 3009--B 122 1 public benefit corporation, and a school district or municipality is 2 authorized to execute a tax regulatory agreement with the authority or 3 the state, as the case may be, and the execution of such an agreement 4 may be treated by the authority or the state as a condition to receiving 5 any such proceeds. 6 10. (a) The state, solely with respect to the resources of the unem- 7 ployment insurance trust fund and as set forth in the financing agree- 8 ment, covenants with the purchasers and all subsequent owners and trans- 9 ferees of bonds issued by the authority pursuant to this section in 10 consideration of the acceptance of the payment of the bonds, until the 11 bonds, together with the interest thereon, with interest on any unpaid 12 installment of interest and all costs and expenses in connection with 13 any action or proceeding on behalf of the owners, are fully met and 14 discharged or unless expressly permitted or otherwise authorized by the 15 terms of each financing agreement and any contract made or entered into 16 by the authority with or for the benefit of such owners, (i) that in the 17 event bonds of the authority are sold as federally tax-exempt bonds, the 18 state shall not take any action or fail to take action that would result 19 in the loss of such federal tax exemption on said bonds, (ii) that the 20 state may impose, charge, raise, levy, collect and apply the pledged 21 assessments and other revenues, receipts, funds or moneys pledged for 22 the payment of debt service requirements in each year in which bonds are 23 outstanding, and (iii) further, that the state (A) will not materially 24 limit or alter the duties imposed on the unemployment insurance trust 25 fund, the authority and other officers of the state by the unemployment 26 insurance trust fund financing agreement and the bond proceedings 27 authorizing the issuance of bonds with respect to application of pledged 28 assessments or other revenues, receipts, funds or moneys pledged for the 29 payment of debt service requirements, (B) will not issue any bonds, 30 notes or other evidences of indebtedness, other than the bonds, having 31 any rights arising out of this section or secured by any pledge of or 32 other lien or charge on the pledged revenues or other receipts, funds or 33 moneys pledged for the payment of debt service requirements, (C) will 34 not create or cause to be created any lien or charge on the pledged 35 revenues, other than a lien or pledge created thereon pursuant to said 36 sections, (D) will carry out and perform, or cause to be carried out and 37 performed, each and every promise, covenant, agreement or contract made 38 or entered into by the unemployment insurance trust fund financing 39 agreement, by the authority or on its behalf with the bond owners of any 40 bonds, (E) will not in any way impair the rights, exemptions or remedies 41 of the bond owners, and (F) will not limit, modify, rescind, repeal or 42 otherwise alter the rights or obligations of the appropriate officers of 43 the state to impose, maintain, charge or collect the assessments and 44 other revenues or receipts constituting the pledged revenues as may be 45 necessary to produce sufficient revenues to fulfill the terms of the 46 proceedings authorizing the issuance of the bonds, including pledged 47 revenue coverage requirements, provided, however, (i) the remedies 48 available to the authority and the bondholders for any breach of the 49 pledges and agreements of the state set forth in this subclause shall be 50 limited to injunctive relief, (ii) nothing in this subdivision shall 51 prevent the authority from issuing evidences of indebtedness (A) which 52 are secured by a pledge or lien which is, and shall on the face thereof, 53 be expressly subordinate and junior in all respects to every lien and 54 pledge created by or pursuant to said sections, or (B) which are secured 55 by a pledge of or lien on moneys or funds derived on or after the date 56 every pledge or lien thereon created by or pursuant to said sectionsA. 3009--B 123 1 shall be discharged and satisfied, and (iii) nothing in this subdivision 2 shall preclude the state from exercising its power, through a change in 3 law, to limit, modify, rescind, repeal or otherwise alter the character 4 of the pledged assessments or revenues or to substitute like or differ- 5 ent sources of assessments, taxes, fees, charges or other receipts as 6 pledged revenues if and when adequate provision shall be made by law for 7 the protection of the holders of outstanding bonds pursuant to the 8 proceedings under which the bonds are issued, including changing or 9 altering the method of establishing the employer contribution rates. 10 The authority is authorized to include this covenant of the state, as 11 a contract of the state, in any agreement with the owner of any bonds 12 issued pursuant to this section and in any credit facility or reimburse- 13 ment agreement with respect to such bonds. Notwithstanding these pledges 14 and agreements by the state, the attorney general may in his or her 15 discretion enforce any and all provisions related to the unemployment 16 insurance trust fund, without limitation. 17 (b) Prior to the date which is one year and one day after the authori- 18 ty no longer has any bonds issued pursuant to this section outstanding, 19 the authority shall have no authority to file a voluntary petition under 20 chapter nine of the federal bankruptcy code or such corresponding chap- 21 ter or sections as may, from time to time, be in effect, and neither any 22 public officer nor any organization, entity or other person shall 23 authorize the authority to be or become a debtor under chapter nine or 24 any successor or corresponding chapter or sections during such period. 25 The state hereby covenants with the owners of the bonds of the authority 26 that the state will not limit or alter the denial of authority under 27 this subdivision during the period referred to in the preceding 28 sentence. The authority is authorized to include this covenant of the 29 state, as a contract of the state, in any agreement with the owner of 30 any bonds issued pursuant to this section. 31 (c) To the extent deemed appropriate by the authority any pledge and 32 agreement of the state with respect to the bonds as provided in this 33 section may be extended to, and included in, any ancillary bond facility 34 as a pledge and agreement of the state with the authority and the bene- 35 fited party. 36 11. The bonds of the authority are hereby made securities in which all 37 public officers and bodies of this state and all municipalities and 38 political subdivisions, all insurance companies and associations and 39 other persons carrying on an insurance business, all banks, bankers, 40 trust companies, savings banks and savings associations, including 41 savings and loan associations, building and loan associations, invest- 42 ment companies and other persons carrying on a banking business, all 43 administrators, guardians, executors, trustees and other fiduciaries, 44 and all other persons whatsoever who are now or may hereafter be author- 45 ized to invest in bonds or in other obligations of the state, may prop- 46 erly and legally invest funds, including capital, in their control or 47 belonging to them. The bonds are also hereby made securities which may 48 be deposited with and may be received by all public officers and bodies 49 of the state and all municipalities, political subdivisions and public 50 corporations for any purpose for which the deposit of bonds or other 51 obligations of the state is now or may hereafter be authorized. 52 12. (a) An action against the authority for death, personal injury or 53 property damage or founded on tort shall not be commenced more than one 54 year and ninety days after the cause of action thereof shall have 55 accrued nor unless a notice of claim shall have been served on a member 56 of the authority or officer or employee thereof designated by theA. 3009--B 124 1 authority for such purpose, within the time limited by, and in compli- 2 ance with the requirements of section fifty-e of the general municipal 3 law. 4 (b) The venue of every action, suit or special proceeding brought 5 against the authority or concerning the validity of this section shall 6 be laid in the county of Albany. 7 (c) The bonds, and any obligation of the authority under any ancillary 8 bond facility, may contain a recital that they are issued or executed, 9 respectively, pursuant to this section, which recital shall be conclu- 10 sive evidence of the validity of the bonds and any such obligation, 11 respectively, and the regularity of the proceedings of the authority 12 relating thereto. 13 13. Any action or proceeding to which the authority or the people of 14 the state may be parties, in which any question arises as to the validi- 15 ty of this section, shall be preferred over all other civil causes of 16 action or cases, except election causes of action or cases, in all 17 courts of the state and shall be heard and determined in preference to 18 all other civil business pending therein, except election causes, irre- 19 spective of position on the calendar. The same preference shall be 20 granted upon application of the authority or its counsel in any action 21 or proceeding questioning the validity of this section in which the 22 authority may be allowed to intervene. 23 § 2. The labor law is amended by adding a new section 554 to read as 24 follows: 25 § 554. Unemployment insurance trust fund bonds. 1. The commissioner, 26 with the commissioner of taxation and finance, is authorized to enter 27 into a financing agreement with the authority, to be known as the "unem- 28 ployment insurance trust fund bond financing agreement". Such agreement 29 shall set forth the process for calculating the annual debt service of 30 bonds issued by the dormitory authority and any other associated costs 31 in connection with the unemployment insurance trust fund, as set forth 32 in section sixteen hundred eighty-s of the public authorities law. For 33 purposes of this section, "associated costs" may include a coverage 34 factor, reserve fund requirements, all costs of any nature incurred by 35 the authority in connection with the unemployment insurance trust fund 36 bond financing agreement or pursuant thereto, the costs of any independ- 37 ent audits undertaken under this section, and any other costs for the 38 implementation of this subdivision and the issuance of bonds by the 39 authority, including interest rate exchange payments, rebate payments, 40 liquidity fees, credit provider fees, fiduciary fees, remarketing, deal- 41 er, auction agent and related fees and other similar bond-related 42 expenses, unless otherwise funded. By September first of each year, the 43 dormitory authority shall provide to the commissioner the calculation of 44 the amount expected to be paid by the authority in debt service and 45 associated costs for purposes of calculating the assessments for the 46 debt service portion of the assessment provided for under this chapter. 47 All monies received on account of such assessments shall be applied in 48 accordance with this chapter and with the unemployment insurance trust 49 fund bond financing agreement until the financial obligations of the 50 authority in respect to its contract with its bondholders are met and 51 all associated costs payable to or by the authority have been paid, 52 notwithstanding any other provision of law respecting secured trans- 53 actions. This provision may be included by the authority in any contract 54 of the authority with its bondholders. The unemployment insurance trust 55 fund bond financing agreement may restrict disbursements, investments, 56 or rebates, and may prescribe a system of accounts applicable to theA. 3009--B 125 1 unemployment insurance trust fund as consistent with the provisions of 2 this chapter governing such fund, including custody of funds and 3 accounts with a trustee that may be prescribed by the authority as part 4 of its contract with the bondholders. For purposes of this subdivision, 5 the term "bonds" shall include notes issued in anticipation of the issu- 6 ance of bonds, or notes issued pursuant to a commercial paper program. 7 2. The commissioner is hereby authorized to receive and credit to the 8 unemployment insurance trust fund any sum or sums that may at any time 9 be contributed to the state by the United States of America under any 10 act of Congress, or otherwise, to which the state may be or become enti- 11 tled by reason of any payments made out of such fund. 12 § 3. This act shall take effect immediately. 13 PART NN 14 Section 1. Short title. This act shall be known and may be cited as 15 the "Suffolk county water quality restoration act". 16 § 2. Legislative intent. The county of Suffolk ("county"), with a 17 population of one million five hundred thousand persons, has in excess 18 of three hundred eighty thousand existing onsite wastewater disposal 19 systems, comprised mostly of cesspools and septic systems, with two 20 hundred nine thousand of these onsite systems in environmentally sensi- 21 tive areas which could benefit from nitrogen-reducing technologies. The 22 United States Environmental Protection Agency recognizes Long Island as 23 having a sole source aquifer system for its drinking water supply. 24 Suffolk county has an imminent need to preserve this valuable water 25 resource by reducing the amount of nitrogen discharged into the ground- 26 water by onsite systems. The full water cycle is impacted by increasing 27 quantities of nutrients, pathogens, pesticides, volatile organic contam- 28 inants and saltwater intrusion, as well as a number of emerging threats 29 such as prescription drugs and sea level rise. 30 The Suffolk county subwatersheds wastewater plan ("SWP"), certified by 31 the department of environmental conservation as a Nine Elements 32 Watershed (9E) plan, has documented the devastating effects of high 33 levels of nitrogen pollution, not only on the drinking water quality, 34 but also on coastal ecosystems, dissolved oxygen, water clarity, 35 eelgrass, wetlands, shellfish, coastal resilience and in triggering 36 harmful algal blooms. The SWP, is a long-term plan to address the need 37 for wastewater treatment infrastructure throughout the county comprehen- 38 sively over a period of fifty years. The SWP delineates the source and 39 concentration of nitrogen loading in one hundred ninety-one subwat- 40 ersheds throughout the county, and establishes nitrogen reduction goals 41 for each watershed. 42 For many areas of the county, installing or connecting sewers is not a 43 practical or cost-effective method of treating wastewater. For that 44 reason, the SWP prescribes a hybrid approach that relies on sewering 45 where feasible, and the replacement of cesspools and septic systems with 46 innovative/alternative onsite wastewater treatment systems. The consol- 47 idation of any or all of the twenty-seven county sewer districts, as 48 well as unsewered areas of the county, into a county wastewater manage- 49 ment district, the establishment of a water quality restoration fund, 50 and a county board of trustees to monitor progress and the allocation of 51 resources consistent with the goals of the SWP would allow for the 52 implementation of a much needed integrated long-term wastewater solution 53 for the county through comprehensive planning and management to improve 54 water quality.A. 3009--B 126 1 The purpose of this act is to create a water quality restoration fund 2 to finance capital projects for the protection, preservation, and reha- 3 bilitation of groundwater and surface waters as recommended by the SWP. 4 This act would allow the funding of capital projects that will mitigate 5 wastewater pollutants utilizing the best available technology consistent 6 with the SWP. The water quality restoration fund would be financed with 7 a dedicated and recurring revenue source by the enactment of an addi- 8 tional sales and compensating use tax at the rate of one-eighth of one 9 percent until 2060. Such tax would be enacted pursuant to a mandatory 10 referendum. 11 This act shall also provide Suffolk county with the authority to 12 create a county wastewater management district through the consolidation 13 of existing county sewer districts with currently unsewered areas of the 14 county. A county wastewater management district will provide an inte- 15 grated and efficient approach to managing wastewater services across the 16 county; allow the county to enhance and expand its incentive program to 17 property owners to upgrade their wastewater treatment systems; to 18 manage, monitor and enforce nitrogen reduction programs throughout the 19 county; complete additional sewer extension projects; improve the 20 economic wellbeing of communities; and provide an opportunity to consol- 21 idate and streamline the county's existing sewer district system and 22 normalize the inequitable rate structure that has long existed. 23 In addition, this act will extend the existing one-quarter of one 24 percent sales tax utilized to finance the county drinking water 25 protection program until 2060. 26 § 3. The county law is amended by adding a new section 256-b to read 27 as follows: 28 § 256-b. Suffolk county wastewater management district. 1. (a) 29 Notwithstanding the provisions of any general, special or local law to 30 the contrary, including this article, the county legislature of Suffolk 31 county is hereby authorized to establish by resolution a Suffolk county 32 wastewater management district, hereinafter referred to in this section 33 as the "district", which shall include all powers of a sewer district 34 and a wastewater disposal district as provided in section two hundred 35 fifty of this article and as set forth in this subdivision, pursuant to 36 the procedure contained in this section. 37 (b) In addition to the powers provided in section two hundred fifty of 38 this article, the district shall have the power, as determined by the 39 county legislature, to: (i) consolidate all of the original county sewer 40 districts within the county as well as unsewered areas of the county, 41 under the jurisdiction of the district; (ii) establish one or more zones 42 of assessment within the district, coterminous with the territorial 43 boundaries of the existing county sewer districts, consolidated pursuant 44 to this section, the method of wastewater collection, treatment and 45 disposal, existing or proposed, or both, and make changes to such zones 46 of assessments; (iii) acquire interests in real property which may be 47 completed by the transfer of property of original county sewer districts 48 to the district, necessary for the installation and maintenance of 49 district facilities; (iv) prioritize district projects in accordance 50 with the Suffolk county subwatershed wastewater plan (SWP) adopted by 51 the county legislature, and any amendments thereto; (v) receive funds 52 from the Suffolk county water quality restoration fund, as established 53 by section one thousand two hundred ten-F of the tax law, and distribute 54 grant proceeds within the district in accordance with the goals estab- 55 lished in the Suffolk county subwatershed wastewater plan; (vi) assume 56 and pay any remaining indebtedness of each original county sewerA. 3009--B 127 1 district; (vii) within the zones of assessment, establish and provide 2 for the collection of charges, rates, taxes or assessments to provide 3 for the costs of operation, expenses, the sums sufficient to pay the 4 annual installment of principal of, and interest on, obligations for 5 improvements of the district, maintenance and improvements of the 6 district, including but not limited to: (A) special assessment as 7 defined in subdivision fifteen of section one hundred two of the real 8 property tax law; (B) special ad valorem levy as defined in subdivision 9 fourteen of section one hundred two of the real property tax law; (C) 10 sewer rent as provided under article fourteen-F of the general municipal 11 law; (viii) distribute grant proceeds within the district in accordance 12 with the goals established in the SWP; and (ix) adopt, amend and repeal, 13 from time to time, rules and regulations for the operation of a county 14 district. Nothing in this section shall be construed to permit the 15 collection of charges, rates, taxes, or assessments authorized by this 16 section outside of the established zones of assessment within the unsew- 17 ered portions of the district or within town or village sewer districts. 18 2. Boundaries. The boundaries of the district upon formation shall 19 include the boundaries of all county sewer districts consolidated into 20 the district and all unsewered areas of the county. 21 3. County agency review and report. The county legislature may direct 22 the county agency, appointed or established pursuant to section two 23 hundred fifty-one of this article, to, or the county agency on its own 24 motion may, review and report thereon to the county legislature on the 25 creation of the district and the merger therewith of any or all existing 26 county sewer districts in accordance with this section and such other 27 details as may be directed by the county legislature consistent with 28 this article. When the agency has caused such report to be prepared, it 29 shall transmit it to the county legislature. Upon receipt of the report, 30 the county legislature shall call a public hearing pursuant to subdivi- 31 sion five of this section to create a Suffolk county wastewater manage- 32 ment district in accordance with this section. Such report shall be 33 filed in the office of the clerk of the legislature of Suffolk county. 34 4. Resolution. The county legislature of Suffolk county may adopt a 35 resolution calling a public hearing upon the proposed creation of the 36 district. 37 5. Notice. The clerk of the county legislature shall give notice of 38 the hearing described in subdivision four of this section in such news- 39 papers and within such time period as set forth in section two hundred 40 fifty-four of this article. Such notice shall specify the time, date 41 and location of such hearing and, in general terms, describe the 42 proposed establishment of the district and the proposed basis of the 43 future assessment of all costs of operation, maintenance and improve- 44 ments of the district. 45 6. Hearing and resolution to establish. The county legislature shall 46 meet at the time, date and location specified in such notice and hear 47 all persons interested in the subject matter thereof concerning the 48 same. If the county legislature determines that it is in the public 49 interest to establish the district as specified in such notice, it shall 50 further determine by resolution: (i) whether all property and property 51 owners within the proposed district are benefited thereby; and (ii) 52 whether all of the property and property owners benefited are included 53 within the limits of the proposed district, the county legislature may 54 adopt a resolution, subject to a permissive referendum, establishing the 55 district.A. 3009--B 128 1 7. Notice of adoption of resolution. Within ten days after the 2 adoption by the county legislature of the resolution to establish the 3 district described in subdivision six of this section, the county legis- 4 lature shall give notice thereof, at the expense of the county, by the 5 publication of a notice in such newspapers and within such time period 6 as set forth in section one hundred of this chapter. Such notice shall 7 set forth the date of adoption of the resolution and contain an abstract 8 of such resolution, describing, in general terms, the district, the 9 basis for the future assessment of all costs of operation, maintenance 10 and improvements, and that such resolution was adopted subject to a 11 permissive referendum. 12 8. Assessments, levies and charges. After the establishment of the 13 district in accordance with this section, the county is hereby author- 14 ized by resolution approved by majority vote of the total membership of 15 the county legislature to assess, levy and collect upon each lot or 16 parcel of land within the zones of assessment established by this 17 section: (a) special assessments as that term is defined in subdivision 18 fifteen of section one hundred two of the real property tax law; (b) 19 special ad valorem levy as that term is defined in subdivision fourteen 20 of section one hundred two of the real property tax law; and (c) sewer 21 rents as provided by article fourteen-F of the general municipal law. 22 Such costs and expenses may include, but shall not be limited to, the 23 amount of money required to pay the annual expenses of maintenance, 24 operation, personnel services of the district and the sums sufficient to 25 pay the annual installment of principal of, and interest on, obligations 26 for improvements of the district. Such sums so levied shall be 27 collected by the local tax collectors or receivers of taxes and assess- 28 ments and shall be paid over to the chief fiscal officer of the county, 29 in the same manner and at the same time as taxes levied for general 30 county purposes. The chief fiscal officer shall keep a separate account 31 of such moneys and they shall be used only for purposes set forth in 32 this section, and in addition, all monies collected from each zone of 33 assessment established or amended in accordance with this section shall 34 be further segregated and shall not be commingled with monies of other 35 zones of assessment except upon approval by resolution of the county 36 legislature upon recommendation of the board of trustees established in 37 accordance with the Suffolk county water quality restoration act. Noth- 38 ing in this section shall be construed to permit the collection of 39 charges, rates, taxes, or assessments authorized by this section outside 40 of the established zones of assessment within the unsewered portions of 41 the district or within town or village sewer districts. 42 8-a. Recording determination. The clerk of the county legislature 43 shall within ten days after the effective date of the resolution creat- 44 ing the district cause a certified copy to be recorded in the office of 45 the clerk of the county and when so recorded such order shall be 46 presumptive evidence of the regularity of the proceedings for the 47 creation of the district and of all other action taken by the county 48 legislature pursuant to this section. A certified copy shall also be 49 filed in the office of the state department of audit and control in 50 Albany, New York. 51 9. Other laws. All provisions of the real property tax law and the 52 Suffolk county tax act, as the same may be amended from time to time, 53 not inconsistent with the provisions of this article, relating to the 54 assessing, levy and collection and enforcement of special assessments, 55 ad valorem levies and sewer rents in the county shall apply and be of 56 equal force and applicability to special assessments, ad valorem leviesA. 3009--B 129 1 and sewer rents authorized pursuant to this section. Nothing in this 2 section shall be construed to permit the collection of charges, rates, 3 taxes, or assessments authorized by this section outside of the estab- 4 lished zones of assessment within the unsewered portions of the district 5 or within town or village sewer districts. 6 10. Towns and villages. This section shall not be construed as merging 7 the sewer districts of towns and villages within the county of Suffolk 8 into the district created by this section. The merger of any town or 9 village sewer district, or village sewerage system with the district 10 shall be in accordance with section two hundred seventy-seven of this 11 article. 12 11. Water quality restoration fund. (a) Notwithstanding any provision 13 of law to the contrary, the county of Suffolk shall deposit the net 14 collections from the sales and compensating use tax authorized by 15 section one thousand two hundred ten-F of the tax law into the Suffolk 16 county water quality restoration fund established in accordance there- 17 with, and shall utilize all monies transferred from the fund consistent 18 with this section. Nothing contained in this section shall be construed 19 to prevent the financing in whole or in part, pursuant to the local 20 finance law, of any project authorized pursuant to this section. Monies 21 from the fund may be utilized to repay any indebtedness or obligations 22 incurred pursuant to the local finance law consistent with effectuating 23 the purposes of this section. Where Suffolk county finances a project, 24 in whole, or in part, pursuant to the local finance law, the resolution 25 authorizing such indebtedness shall be accompanied by a report from the 26 county executive demonstrating how said indebtedness will be repaid by 27 the fund. Said report shall include an estimate of projected revenues of 28 the fund during the period of indebtedness. The report shall also 29 provide an accounting of all other indebtedness incurred against the 30 fund to be repaid for the same period. The county legislature shall 31 make findings by resolution that there will be sufficient revenue to 32 repay such indebtedness in its entirety from the fund before authorizing 33 such indebtedness. Monies in said fund may be appropriated from or 34 expended in any fiscal year to implement the powers set forth in this 35 section and to repay any indebtedness or obligations incurred pursuant 36 to the local finance law for the purposes authorized pursuant to this 37 section. 38 (b) (i) Water quality improvement projects shall be eligible for fund- 39 ing pursuant to this section. For purposes of this section, "water 40 quality improvement projects" shall mean the planning, design, 41 construction, acquisition, enlargement, extension, or alteration of a 42 county, town or village wastewater treatment facility, including indi- 43 vidual hookups, or an individual septic system, including an alternative 44 wastewater treatment facility or an individual septic system with active 45 treatment, to treat, neutralize, stabilize, eliminate or partially elim- 46 inate sewage or reduce pollutants, including permanent or pilot demon- 47 stration wastewater treatment projects, or equipment or furnishings 48 thereof. Such projects shall have as their purpose the remediation of 49 existing water quality to meet specific water quality standards consist- 50 ent with the SWP. Projects consistent with or listed in the SWP that are 51 part of a plan adopted by a local government resulting in a net nitrogen 52 reduction shall be eligible for consideration by the board of trustees, 53 established in accordance with subdivision six of this section. 54 (ii) Of the annual collections of the fund, administration of the 55 county wastewater management district shall not exceed ten percent. Not 56 less than seventy-five percent of the remaining annual funds afterA. 3009--B 130 1 administration shall be used toward funding individual septic systems 2 projects. In addition to water quality improvement projects, other 3 eligible expenditures from the fund shall include the preparation of an 4 annual SWP implementation action plan to protect, preserve, and rehabil- 5 itate groundwater, surface water, and drinking water. 6 (iii) Other than for the payment of indebtedness or obligations 7 incurred as set forth in paragraph (a) of this subdivision, and except 8 for the preparation of the SWP implementation plan, itself, no monies 9 may be expended until the SWP implementation plan has been prepared and 10 approved as provided for in this section. 11 (c) (i) Within the local law, ordinance or resolution establishing the 12 Suffolk county water quality restoration fund, pursuant to section one 13 thousand two hundred ten-F of the tax law, the county shall establish a 14 board of trustees of twenty-one members to prepare, review and approve 15 the SWP implementation plan for submission to the county executive and 16 county legislature and shall specify the powers and duties of the board 17 of trustees, including the procedures for appointment of a chairperson. 18 Such approval shall be in addition to all other approvals required by 19 law. The board of trustees shall consist of: (A) a representative from 20 the department of environmental conservation; (B) a representative from 21 the East End supervisors and mayors association; (C) a representative of 22 the Suffolk town supervisors association; (D) a representative of the 23 Suffolk County Village Officials Association; (E) a town representative 24 from the State Central Pine Barrens Joint Planning and Policy Commission 25 to be designated by the commission; (F) a municipal representative from 26 the Peconic Estuary Partnership; (G) a municipal representative from the 27 State South Shore Estuary Reserve; (H) a municipal representative from 28 the Long Island Sound Estuary; (I) a representative of the Long Island 29 Federation of Labor; (J) a representative of Building and Construction 30 Trades Council of Nassau & Suffolk counties; (K) a representative from a 31 regional environmental organization; (L) the chair of the Suffolk county 32 planning commission; (M) the county executive or designee; (N) the 33 presiding officer of the county legislature or designee; (O) the minori- 34 ty leader of the county legislature or designee; (P) the county depart- 35 ment of public works commissioner or designee; (Q) the county department 36 of health services commissioner or designee; (R) a representative from a 37 regional economic development organization; (S) a representative from 38 the liquid waste industry; (T) a representative from the Suffolk County 39 Alliance of Chambers, Inc.; and (U) a representative from the Long 40 Island Contractors Association. 41 (ii) The powers and duties of the board of trustees shall oversee the 42 annual audit pursuant to paragraph (e) of this subdivision, making 43 prudent recommendations for resource allocations for county-approved 44 alternative wastewater treatment technologies not contemplated in the 45 Suffolk county subwatersheds wastewater plan and long-term progress 46 monitoring of the implementation of the Suffolk county subwatersheds 47 wastewater plan regarding achievements of nitrogen load reductions and 48 ecological endpoints. 49 (d) Annual SWP implementation plan. The board of trustees shall 50 prepare, review and approve and submit to the county executive the SWP 51 implementation plan within one year of the effective date of this 52 section, and in every five years thereafter in a like manner. The board 53 of trustees shall conduct a public hearing on said plan before its 54 adoption or subsequent amendment. Said plan shall list every water qual- 55 ity restoration project which the county plans to undertake pursuant to 56 the fund and shall state how such project would improve existing waterA. 3009--B 131 1 quality. Funds may only be expended pursuant to this section for 2 projects which have been included in said plan. Said plan shall be 3 consistent with state, federal, county, and local government land use 4 and wastewater management plans. After submission and approval by the 5 county executive, such plan shall be submitted to the county legisla- 6 ture. Upon review, the county legislature shall determine, by local 7 law, whether to approve the proposed plan, if the plan is denied, the 8 plan shall be remanded to the board of trustees for further study. Such 9 plan shall not become effective until approved by local law. Projects 10 may be added or removed from the currently effective SWP implementation 11 plan in a like manner. 12 (e) Annual audit. The county shall annually commission an independent 13 audit of the fund. The audit shall be conducted by an independent certi- 14 fied public accountant or an independent public accountant. Said audit 15 shall be performed by a certified public accountant or an independent 16 public accountant other than the one that performs the general audit of 17 the county's finances. Such audit shall be an examination of the fund 18 and shall determine whether the fund has been administered consistent 19 with the provisions of this section and all other applicable provisions 20 of state law. Said audit shall be initiated within sixty days of the 21 close of the fiscal year of the county and shall be completed within one 22 hundred twenty days of the close of the fiscal year. A copy of the 23 audit shall be submitted annually to the state comptroller and the coun- 24 ty comptroller. A copy of the audit shall be made available to the 25 public within thirty days of its completion. A notice of the completion 26 of the audit shall be published in the official newspaper of the county 27 and shall also be posted on the internet website for the county. The 28 cost of the audit may be a charge to the fund. 29 (f) Annual report. In addition to any other report required by this 30 section, the board of trustees, through its chairperson, shall deliver 31 annually a report to the county legislature. Such report shall be 32 presented by May fifteenth of each year. The report shall describe in 33 detail the projects undertaken, the monies expended, and the administra- 34 tive activities of the water quality fund and district established in 35 accordance with this section, during the prior year. At the conclusion 36 of the report, the chairperson of the board of trustees shall be 37 prepared to answer the questions of the county legislature with respect 38 to the projects undertaken, the monies expended, and the administrative 39 activities during the past year. 40 § 4. Subdivisions (a) and (d) of section 1210-A of the tax law, as 41 amended by chapter 683 of the laws of 2007, are amended to read as 42 follows: 43 (a) In addition to the taxes imposed by section twelve hundred ten or 44 any other provision of this article, the county of Suffolk is hereby 45 authorized and empowered to adopt and amend a local law, ordinance or 46 resolution imposing within the territorial limits of said county an 47 additional sales and compensating use tax at the rate of one-quarter of 48 one percent for the period beginning December first, nineteen hundred 49 eighty-four and ending November thirtieth, two thousand [thirty] sixty, 50 which tax shall be identical to the tax imposed by said county pursuant 51 to section twelve hundred ten of this article. Except as hereinafter 52 provided, all provisions of this article, including the definition and 53 exemption provisions and the provisions relating to the administration, 54 collection and distribution by the commissioner, shall apply for 55 purposes of the tax imposed by this section in the same manner and with 56 the same force and effect as if the language of this article had beenA. 3009--B 132 1 incorporated in full in this section and had expressly referred to the 2 tax imposed by this section; provided, however, that any provision 3 relating to a maximum rate shall be calculated without reference to the 4 additional sales and compensating use tax herein authorized. For 5 purposes of part IV of this article, relating to the disposition of 6 revenues resulting from taxes collected and administered by the commis- 7 sioner, the additional sales and compensating use tax herein provided 8 shall be deemed to be imposed under the authority of section twelve 9 hundred ten of this article and all provisions relating to the deposit, 10 administration and disposition of taxes, penalties and interest relating 11 to a tax imposed by a county under the authority of section twelve 12 hundred ten of this article shall, except as otherwise specifically 13 provided in this section, apply to the additional sales and compensating 14 use tax imposed pursuant to this section. 15 (d) Notwithstanding any other provision of this article to the contra- 16 ry, the net collections from the tax imposed pursuant to subdivision (a) 17 of this section for the period beginning December first, nineteen 18 hundred eighty-eight and ending November thirtieth, two thousand [thir-19ty] sixty shall, upon payment to the county of Suffolk, be deposited in 20 a special fund, to be designated as a drinking water protection reserve 21 fund, to be created by said county therefor separate and apart from any 22 other funds and accounts of the county. Moneys in such fund shall be 23 deposited in one or more of the banks or trust companies designated, in 24 the manner provided by law, as a depository of the funds of such county. 25 Pending expenditure from such fund, moneys therein may be invested in 26 the manner provided in section eleven of the general municipal law. Any 27 interest earned or capital gain realized on the moneys so deposited or 28 invested shall accrue to and become part of such fund. Moneys in said 29 fund may be appropriated from and transferred to or expended in any 30 fiscal year only for the purposes of making payments pursuant to subdi- 31 visions (b) and (c) of this section for the period beginning December 32 first, nineteen hundred eighty-eight, to the extent that moneys in said 33 fund are remaining, and if authorized by local law, for the following 34 purposes: 35 (i) for the purposes of specific environmental protection (acquisition 36 of: farmland development rights; open space, wetlands, woodlands, pine 37 barrens and other lands for passive recreational uses; lands for hamlet 38 greens, hamlet parks, pocket parks, historic parks, cultural parks and 39 other lands for active/parkland recreational uses; lands necessary for 40 maintaining and protecting the quality of surface water, groundwater and 41 coastal resources); 42 (ii) for a water quality protection and restoration program or 43 programs and land stewardship initiatives; 44 (iii) for the purposes of county-wide property tax protection; and 45 (iv) for the purpose of sewer taxpayer protection. 46 Notwithstanding any special or local law, resolution or charter 47 provision to the contrary, moneys in said fund which have not been 48 appropriated from and transferred to or expended in any fiscal year for 49 the purposes of making payments pursuant to subdivisions (b) and (c) of 50 this section, may alternatively be appropriated for the purposes of 51 paying debt service on any new indebtedness incurred after the effective 52 date of the chapter of the laws of two thousand one that enacted this 53 paragraph pursuant to the local finance law in order to effectuate the 54 purposes described in paragraph (i) or (ii) of this subdivision. For the 55 purpose of allocating moneys in said fund pursuant to local law among 56 the purposes described in paragraphs (i), (ii), (iii) and (iv) of thisA. 3009--B 133 1 subdivision, moneys applied to the payment of debt service under the 2 authority of the previous sentence shall be considered by said county to 3 have been expended for the purposes for which such indebtedness was 4 incurred. 5 § 5. The tax law is amended by adding a new section 1210-F to read as 6 follows: 7 § 1210-F. Sales and compensating use tax for purposes of the Suffolk 8 county water quality restoration fund. (a) In addition to the taxes 9 imposed by section twelve hundred ten, section twelve hundred ten-A, or 10 any other provision of this article, the county of Suffolk is hereby 11 authorized and empowered to adopt and amend a local law, ordinance or 12 resolution, subject to a mandatory referendum, in accordance with the 13 provisions set forth in section twenty-three of the municipal home rule 14 law, imposing within the territorial limits of said county an additional 15 sales and compensating use tax at the rate of one-eighth of one percent 16 for the period beginning March first, two thousand twenty-four and 17 ending February twenty-ninth, two thousand sixty, which tax shall be 18 identical to the tax imposed by said county pursuant to section twelve 19 hundred ten of this article. Except as hereinafter provided, all 20 provisions of this article, including the definition and exemption 21 provisions and the provisions relating to the administration, collection 22 and distribution by the commissioner, shall apply for purposes of the 23 tax imposed by this section in the same manner and with the same force 24 and effect as if the language of this article had been incorporated in 25 full in this section and had expressly referred to the tax imposed by 26 this section; provided, however, that any provision relating to a maxi- 27 mum rate shall be calculated without reference to the additional sales 28 and compensating use tax herein authorized. For purposes of part IV of 29 this article, relating to the disposition of revenues resulting from 30 taxes collected and administered by the commissioner, the additional 31 sales and compensating use tax herein provided shall be deemed to be 32 imposed under the authority of section twelve hundred ten of this arti- 33 cle and all provisions relating to the deposit, administration and 34 disposition of taxes, penalties and interest relating to a tax imposed 35 by a county under the authority of section twelve hundred ten of this 36 article shall, except as otherwise specifically provided in this 37 section, apply to the additional sales and compensating use tax imposed 38 pursuant to this section. 39 (b) Notwithstanding any other provision of this article to the contra- 40 ry, the net collections from the tax imposed pursuant to subdivision (a) 41 of this section for the period beginning March first, two thousand twen- 42 ty-four and ending February twenty-ninth, two thousand sixty shall, upon 43 payment to the county of Suffolk, be deposited in a special fund, to be 44 designated as the water quality restoration fund to be created by said 45 county therefor separate and apart from any other funds and accounts of 46 the county. Moneys in such fund shall be deposited and secured in the 47 manner provided by section ten of the general municipal law and in no 48 event shall moneys deposited be transferred to any other account. In 49 addition to the net collections from the tax, deposits into the fund may 50 include revenues of Suffolk county from whatever source and may include 51 the acceptance of gifts. Pending expenditure from such fund, moneys 52 therein may be invested in the manner provided in section eleven of the 53 general municipal law. Any interest earned or capital gain realized on 54 the moneys so deposited or invested shall accrue to and become part of 55 such fund. Moneys in said fund may be appropriated from and transferredA. 3009--B 134 1 to or expended in any fiscal year only for the purposes authorized by 2 subdivision eleven of section two hundred fifty-six-b of the county law. 3 § 6. Paragraph a of section 11.00 of the local finance law is amended 4 by adding a new subdivision 109 to read as follows: 5 109. Septic systems. The acquisition, construction, or reconstruction 6 of or addition to septic systems funded by programs established by the 7 county of Suffolk, twenty-five years. 8 § 7. This act shall take effect immediately. 9 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 10 sion, section or part of this act shall be adjudged by any court of 11 competent jurisdiction to be invalid, such judgment shall not affect, 12 impair, or invalidate the remainder thereof, but shall be confined in 13 its operation to the clause, sentence, paragraph, subdivision, section 14 or part thereof directly involved in the controversy in which such judg- 15 ment shall have been rendered. It is hereby declared to be the intent of 16 the legislature that this act would have been enacted even if such 17 invalid provisions had not been included herein. 18 § 3. This act shall take effect immediately provided, however, that 19 the applicable effective date of Parts A through NN of this act shall be 20 as specifically set forth in the last section of such Parts.
