Bill Text: NY A09005 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2022-2023 state fiscal year; repeals the supervision fee paid by individuals who are in a supervised release program (Part D); authorizes the department of corrections and community supervision access to certain records (Part E); requires members of the state parole board to devote their full time to the duties of their office and hold no other salaried public position (Part F); suspends the transfer of monies into the New York state emergency services revolving loan fund from the public safety communications account for the state fiscal years 2022--2023 and 2023--2024 (Part G); increases the reimbursement awarded for certain items of essential personal property (Part I); extends certain provisions relating to value limitations on certain emergency contracts (Part J); allows a municipality or community board to elect to receive notice by email (Part K); makes certain provisions regarding liquidator's permits and temporary retail permits permanent (Part M); provides for the boundaries of election districts and the designation of polling places on college campuses (Part O); permits retail licensees for on-premises consumption of alcohol to sell and deliver alcoholic beverages for off-premises consumption (Part P); expands eligibility for shift pay differentials (Part U); provides for aid and incentives provided to towns and villages (Part X); relates to the financing of a certain litigation liability by the city of Long Beach (Part CC); relates to the operation of other businesses on a licensed farm manufacturing premises (Part DD); allows for the sale of liquor and/or wine for off-premises consumption on Christmas day (Part EE); authorizes the issuance of on-premises licenses and permits to certain veterans' organizations with a police officer serving as an officer of such organization (Part FF); creates a 21 member temporary state commission to examine reforms to the alcoholic beverage control law in order to modernize the alcohol industry in New York state (Part GG); provides paid postage for absentee ballots, if requested (Part HH); extends provisions related to the operation and administration of the legislature (Part II); establishes a legislative commission on the future of the Long Island Power Authority (Part JJ); authorizes fees and charges for emergency medical services; provides for the repeal of certain provisions upon expiration thereof (Part KK); enacts the Nassau county transparency and accountability act of 2022 requiring the Nassau county interim finance authority to conduct audits of certain entities in Nassau county and to investigate possible violations of the public authorities law (Part LL).

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-04-07 - substituted by s8005c [A09005 Detail]

Download: New_York-2021-A09005-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         9005--B

                   IN ASSEMBLY

                                    January 19, 2022
                                       ___________

        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 part E of chapter 55 of the laws of 2020,  amending  the
          state  finance  law  relating  to  establishing  the  criminal justice
          discovery compensation  fund;  amending  the  criminal  procedure  law
          relating  to  monies recovered by county district attorneys before the
          filing of an accusatory instrument; and providing for  the  repeal  of
          certain  provisions  upon expiration thereof, in relation to extending
          the effectiveness thereof; and to amend  the  judiciary  law  and  the
          state finance law, in relation to monies allocated to the chief admin-
          istrator  of  the courts and the division of criminal justice services
          for the purpose of completing certain reports (Part A);  intentionally
          omitted  (Part  B); intentionally omitted (Part C); to repeal subdivi-
          sion 9 of section 201 of the correction law  relating  to  the  parole
          supervision  fee  (Part  D);  intentionally  omitted  (Part E); inten-
          tionally omitted (Part F); to  amend  the  tax  law,  in  relation  to
          suspending  the transfer of monies into the emergency services revolv-
          ing loan fund from the public safety communications account (Part  G);
          intentionally  omitted  (Part  H);  to  amend  the  executive  law, in
          relation to awarding reimbursement  for  certain  items  of  essential
          personal  property (Part I); to amend chapter 674 of the laws of 1993,
          amending the public buildings law relating  to  value  limitations  on
          contracts,  in  relation  to extending the effectiveness thereof (Part
          J); intentionally omitted (Part K); intentionally omitted (Part L); to
          amend chapter 396 of the laws of 2010 amending the alcoholic  beverage
          control  law  relating  to  liquidator's  permits and temporary retail
          permits, in relation to the effectiveness  thereof  (Part  M);  inten-
          tionally  omitted  (Part  N);  intentionally  omitted (Part O); inten-
          tionally omitted (Part P);  intentionally  omitted  (Part  Q);  inten-
          tionally   omitted   (Part   R);   intentionally   omitted  (Part  S);
          intentionally omitted (Part T); to amend the  civil  service  law,  in
          relation  to  eligibility for shift pay differentials (Part U); inten-
          tionally omitted (Part V); intentionally omitted (Part  W);  to  amend

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12670-03-2

        A. 9005--B                          2

          the  state finance law, the tax law and the public authorities law, in
          relation to providing aid and incentives for municipalities  to  towns
          and villages; and to repeal certain provisions of the tax law relating
          thereto  (Part  X); to provide for the administration of certain funds
          and accounts related to  the  2022-2023  budget,  authorizing  certain
          payments and transfers; to amend the state finance law, in relation to
          the  administration  of certain funds and accounts; 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 part D of chapter   63   of   the   laws   of    2005,
          relating to the composition and responsibilities of the New York state
          higher education capital matching grant board, in relation to increas-
          ing  the   amount  of authorized matching capital grants; to amend the
          New York state urban development corporation act, in relation  to  the
          nonprofit  infrastructure  capital investment program; and in relation
          to state-supported debt issued during the 2022 fiscal year;  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 repeal subdivisions 4 and 5 of section 16 of part T of chap-
          ter 57 of the laws of 2007, relating to  providing  for  the  adminis-
          tration of certain funds and accounts related to the 2007-2008 budget;
          and  providing  for  the  repeal of certain provisions upon expiration
          thereof (Part Y); intentionally omitted (Part Z); intentionally  omit-
          ted  (Part  AA);  intentionally  omitted (Part BB); to amend the state
          finance law, in relation  to  the  cost  effectiveness  of  consultant
          contracts  by  state agencies and ensuring the efficient and effective
          use of state tax dollars (Part CC); to amend the public  service  law,
          in relation to creating the state office of the utility consumer advo-
          cate (Part DD); in relation to reviving certain oversight authority of
          the  state  comptroller  (Part  EE);  to  amend the correction law, in
          relation to providing voice  communication  services  to  incarcerated
          individuals  at  no  cost  (Part  FF); to amend the county law and the
          judiciary law, in relation to entitled compensation for client  repre-
          sentation  (Part GG); to amend chapter 141 of the laws of 1994, amend-
          ing  the  legislative  law and the state finance law relating  to  the
          operation  and  administration  of  the  legislature,  in  relation to
          extending such provisions (Part HH); and to amend the legislative law,

        A. 9005--B                          3

          in relation to establishing a legislative commission on the future  of
          the Long Island Power Authority (Part II)

          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  necessary  to  implement the state public protection and general govern-
     3  ment budget for the 2022-2023 state fiscal year. Each component is whol-
     4  ly contained within a Part identified as Parts A through II. The  effec-
     5  tive  date  for  each particular provision contained within such Part is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes a reference to a section "of this act", when  used  in  connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the general effective date of this act.

    12                                   PART A

    13    Section  1.  Section  3  of  part E of chapter 55 of the laws of 2020,
    14  amending the state finance law relating  to  establishing  the  criminal
    15  justice discovery compensation fund; amending the criminal procedure law
    16  relating  to  monies  recovered  by county district attorneys before the
    17  filing of an accusatory instrument; and  providing  for  the  repeal  of
    18  certain  provisions  upon  expiration  thereof,  is  amended  to read as
    19  follows:
    20    § 3. This act shall take effect immediately; provided,  however,  that
    21  subdivision  2  of  section  99-hh of the state finance law, as added by
    22  section one of this act, shall expire and be deemed repealed  March  31,
    23  [2022]  2024, and provided, further that the amendments to section 95.00
    24  of the criminal procedure law made by section two of this act shall  not
    25  affect  the  repeal  of such section and shall be deemed repealed there-
    26  with.
    27    § 1-a. Subdivision 5 of section 216 of the judiciary law, as added  by
    28  section  4  of part HHH of chapter 56 of the laws of 2020, is renumbered
    29  subdivision 6 and is amended to read as follows:
    30    6. The chief administrator of the  courts,  in  conjunction  with  the
    31  division  of  criminal  justice  services, shall collect data and report
    32  annually regarding the impact of article two hundred forty-five  of  the
    33  criminal  procedure  law. Such data and report shall contain information
    34  regarding the implementation of article two hundred  forty-five  of  the
    35  criminal procedure law, including procedures used to implement the arti-
    36  cle,  resources  needed  for implementation, monies received pursuant to
    37  section ninety-nine-hh of the state finance law, including the amount of
    38  money utilized for the services and expenses eligible pursuant to subdi-
    39  vision three of such section, information regarding cases where  discov-
    40  ery  obligations  are  not met, and information regarding case outcomes.
    41  The report shall be released publicly and published on the  websites  of
    42  the  office of court administration and the division of criminal justice
    43  services. The first report shall be published eighteen months after  the
    44  effective  date  of  this section, and shall include data from the first
    45  twelve months following the enactment of  this  section.    Reports  for
    46  subsequent years shall be published annually thereafter.

        A. 9005--B                          4

     1    §  1-b.  Subdivision  3  of section 99-hh of the state finance law, as
     2  added by section 1 of part E of chapter 55  of  the  laws  of  2020,  is
     3  amended to read as follows:
     4    3.  (a)  Monies  of  the criminal justice discovery compensation fund,
     5  following appropriation by the legislature and allocation by the  direc-
     6  tor of the budget, shall be made available for local assistance services
     7  and  expenses  related to discovery reform implementation, including but
     8  not limited to, digital evidence transmission technology, administrative
     9  support, computers, hardware and operating software, data  connectivity,
    10  development of training materials, staff training, overtime costs, liti-
    11  gation   readiness,  and  pretrial  services.  Eligible  entities  shall
    12  include, but not be limited to counties, cities  with  populations  less
    13  than  one million, and law enforcement and prosecutorial entities within
    14  towns and villages.
    15    (b) The director of the budget shall provide the amount of the  monies
    16  allocated  pursuant  to  this  section to the chief administrator of the
    17  courts and the division of criminal justice services for the purpose  of
    18  completing  the  report  required pursuant to subdivision six of section
    19  two hundred sixteen of the judiciary law.
    20    § 2. This  act  shall take effect immediately and shall be  deemed  to
    21  have been in full force and effect on and after March 31, 2022.

    22                                   PART B

    23                            Intentionally Omitted

    24                                   PART C

    25                            Intentionally Omitted

    26                                   PART D

    27    Section  1.  Subdivision  9  of  section  201 of the correction law is
    28  REPEALED.
    29    § 2. This act shall take effect immediately.

    30                                   PART E

    31                            Intentionally Omitted

    32                                   PART F

    33                            Intentionally Omitted

    34                                   PART G

    35    Section 1. Paragraph (b) of subdivision 6 of section 186-f of the  tax
    36  law,  as  amended  by  section  1 of part I of chapter 55 of the laws of
    37  2020, is amended to read as follows:
    38    (b) The sum of one million  five  hundred  thousand  dollars  must  be
    39  deposited into the New York state emergency services revolving loan fund
    40  annually;  provided,  however, that such sums shall not be deposited for

        A. 9005--B                          5

     1  state fiscal years two thousand eleven--two thousand twelve,  two  thou-
     2  sand  twelve--two thousand thirteen, two thousand fourteen--two thousand
     3  fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
     4  sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
     5  eighteen, two thousand eighteen--two  thousand  nineteen,  two  thousand
     6  nineteen--two  thousand  twenty, two thousand twenty--two thousand twen-
     7  ty-one [and], two  thousand  twenty-one--two  thousand  twenty-two,  two
     8  thousand  twenty-two--two  thousand twenty-three, and two thousand twen-
     9  ty-three--two thousand twenty-four;
    10    § 2. This act shall take effect April 1, 2022.

    11                                   PART H

    12                            Intentionally Omitted

    13                                   PART I

    14    Section 1. Subdivision 8 of section 621 of the executive law, as added
    15  by chapter 197 of the laws of 1983, is amended to read as follows:
    16    8. "Essential personal property" shall mean articles of personal prop-
    17  erty necessary and essential to the health[, welfare] or safety  of  the
    18  victim.
    19    §  2. Subdivision 9 of section 631 of the executive law, as amended by
    20  chapter 487 of the laws of 2014, is amended to read as follows:
    21    9. Any award made for the cost of repair or replacement  of  essential
    22  personal property, including cash losses of essential personal property,
    23  shall  be  limited  to  an amount of [five] twenty-five hundred dollars,
    24  except that all cash losses of  essential  personal  property  shall  be
    25  limited  to  the amount of one hundred dollars. In the case of medically
    26  necessary life-sustaining equipment which was lost  or  damaged  as  the
    27  direct  result  of  a crime, the award shall be limited to the amount of
    28  ten thousand dollars.
    29    § 3. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law and apply to all claims  filed  on  or  after
    31  such effective date.

    32                                   PART J

    33    Section  1. Section 3 of chapter 674 of the laws of 1993, amending the
    34  public buildings law relating to  value  limitations  on  contracts,  as
    35  amended  by  section  2 of part HH of chapter 55 of the laws of 2019, is
    36  amended to read as follows:
    37    § 3. This act shall take effect immediately and shall remain  in  full
    38  force and effect only until June 30, [2022] 2025.
    39    § 2. This act shall take effect immediately.

    40                                   PART K

    41                            Intentionally Omitted

    42                                   PART L

    43                            Intentionally Omitted

        A. 9005--B                          6

     1                                   PART M

     2    Section  1.  Section 5 of chapter 396 of the laws of 2010 amending the
     3  alcoholic beverage control law  relating  to  liquidator's  permits  and
     4  temporary retail permits, as amended by chapter 375 of the laws of 2021,
     5  is amended to read as follows:
     6    §  5.  This  act  shall take effect on the sixtieth day after it shall
     7  have become a law, provided that  paragraph  (b)  of  subdivision  1  of
     8  section  97-a  of the alcoholic beverage control law as added by section
     9  two of this act shall expire and be deemed repealed October  12,  [2022]
    10  2023.
    11    § 2.  This act shall take effect immediately.

    12                                   PART N

    13                            Intentionally Omitted

    14                                   PART O

    15                            Intentionally Omitted

    16                                   PART P

    17                            Intentionally Omitted

    18                                   PART Q

    19                            Intentionally Omitted

    20                                   PART R

    21                            Intentionally Omitted

    22                                   PART S

    23                            Intentionally Omitted

    24                                   PART T

    25                            Intentionally Omitted

    26                                   PART U

    27    Section  1.  Subdivision 6 of section 130 of the civil service law, as
    28  amended by chapter 307 of the laws  of  1979,  is  amended  to  read  as
    29  follows:
    30    6. Shift  pay  differentials.  Whenever  the director finds that under
    31  prevailing wage practices in private or other public employment  in  the
    32  state,  employees in a given occupation receive a higher rate  of pay or

        A. 9005--B                          7

     1  wage differential for a work shift other [than a normal day shift]  than
     2  that which is paid to employees in the same occupation [for a normal day
     3  shift],  [he]  the director may, subject to the approval of the director
     4  of  the budget, authorize a pay differential to be paid to those employ-
     5  ees in positions in the same or related occupations in the state service
     6  and who are [regularly]  assigned  to  an  equivalent  or  substantially
     7  equivalent work shift, on a statewide basis, provided however, where the
     8  director  finds  that  in  a  particular geographical area or areas wage
     9  practices would warrant a shift differential for employees in a  partic-
    10  ular  occupation  then the director may grant a work shift pay differen-
    11  tial for such employees, subject to the approval of the director of  the
    12  budget.  In  determining  whether  to  authorize  a pay differential the
    13  director shall consider the various duties on each  shift,  [other  than
    14  the  normal  day  shift,]  in  relation  to  the normal day shift. A pay
    15  differential under this subdivision shall be a percentage of basic sala-
    16  ry, an hourly rate, an annual rate, or a fixed  dollar  amount  per  pay
    17  period, as prescribed in each case by the director of the classification
    18  and  compensation  division  subject  to approval of the director of the
    19  budget. Such differential shall be paid in addition to and shall not  be
    20  part  of  an  employee's  basic  annual  salary, and shall not affect or
    21  impair any performance advancement payments, performance awards, longev-
    22  ity payments or other rights or benefits to which  an  employee  may  be
    23  entitled  under  the provisions of this chapter, provided, however, that
    24  any differential payable pursuant to this subdivision shall be  included
    25  as  compensation  for  retirement  purposes. A pay differential shall be
    26  terminated for any employee when [he] the employee ceases to be employed
    27  in the work shift or  position  for  which  such  pay  differential  was
    28  authorized.  A  pay differential shall remain in effect until terminated
    29  by the director of the classification and compensation division with the
    30  consent of the director of the budget or until a new pay differential is
    31  authorized pursuant to this subdivision. The director of the budget  may
    32  adopt  such  regulations  as  [he  may  deem] necessary to carry out the
    33  provisions of this subdivision.
    34    § 2. This act shall take effect immediately.

    35                                   PART V

    36                            Intentionally Omitted

    37                                   PART W

    38                            Intentionally Omitted

    39                                   PART X

    40    Section 1. Subparagraph (vi) of  paragraph  b  of  subdivision  10  of
    41  section  54  of the state finance law, as added by section 1 of part GGG
    42  of chapter 59 of the laws of 2021, is amended to read as follows:
    43    (vi)  Notwithstanding  subparagraph  (i)  of  this  paragraph,  within
    44  amounts  appropriated  in  the state fiscal year commencing April first,
    45  two thousand [twenty-one] twenty-two,  and  annually  thereafter,  there
    46  shall be apportioned and paid to each municipality a base level grant in
    47  an  amount  equal  to the aid received by such municipality in the state
    48  fiscal year commencing April first, two  thousand  [nineteen]  eighteen;

        A. 9005--B                          8

     1  provided,  however,  and notwithstanding any law to the contrary, in the
     2  state fiscal year commencing April first, two thousand  twenty-one,  and
     3  annually  thereafter,  the  town of Palm Tree shall receive a base level
     4  grant  of  twenty-four  thousand  two  hundred thirteen dollars, and the
     5  village of Sagaponack shall receive a base level grant of  two  thousand
     6  dollars, and the village of Woodbury shall receive a base level grant of
     7  twenty-seven  thousand  dollars, and the village of South Blooming Grove
     8  shall receive a base level grant of nineteen thousand dollars.
     9    § 2. Paragraph 3 of subdivision (c) of section 1261 of the tax law, as
    10  amended by section 1 of part NN of chapter 55 of the laws  of  2020,  is
    11  amended to read as follows:
    12    (3) However, the taxes, penalties and interest which (i) the county of
    13  Nassau,  (ii)  the  county  of Erie, to the extent the county of Erie is
    14  contractually or statutorily obligated to allocate and apply or pay  net
    15  collections  to  the  city of Buffalo and to the extent that such county
    16  has set aside net collections for educational purposes  attributable  to
    17  the  Buffalo school district, or the city of Buffalo or (iii) the county
    18  of Erie is authorized to impose pursuant to section twelve  hundred  ten
    19  of this article, other than such taxes in the amounts described, respec-
    20  tively,  in subdivisions one and two of section one thousand two hundred
    21  sixty-two-e of this part, during the period that such section authorizes
    22  Nassau county to establish special or local assistance  programs  there-
    23  under,  together  with  any  penalties and interest related thereto, and
    24  after the comptroller has reserved such  refund  fund  and  such  costs,
    25  shall,  commencing  on the next payment date after the effective date of
    26  this sentence and of each month thereafter, until such date as  (i)  the
    27  Nassau  county  interim  finance  authority  shall  have  no obligations
    28  outstanding, or (ii) the Buffalo fiscal stability authority shall  cease
    29  to  exist,  or  (iii)  the  Erie county fiscal stability authority shall
    30  cease to exist, be paid by the comptroller,  respectively,  to  (i)  the
    31  Nassau  county  interim  finance  authority  to be applied by the Nassau
    32  county interim finance authority, or (ii) to the Buffalo fiscal stabili-
    33  ty authority to be applied by the Buffalo fiscal stability authority, or
    34  (iii) to the Erie county fiscal stability authority to be applied by the
    35  Erie county fiscal stability authority, as  the  case  may  be,  in  the
    36  following order of priority: first pursuant to the Nassau county interim
    37  finance  authority's  contracts  with  bondholders or the Buffalo fiscal
    38  stability authority's contracts with  bondholders  or  the  Erie  county
    39  fiscal  stability  authority's contracts with bondholders, respectively,
    40  then to pay the Nassau  county  interim  finance  authority's  operating
    41  expenses  not  otherwise  provided  for  or the Buffalo fiscal stability
    42  authority's operating expenses not otherwise provided for  or  the  Erie
    43  county  fiscal  stability  authority's  operating expenses not otherwise
    44  provided for, respectively, [then (i)  for  the  Nassau  county  interim
    45  finance  authority  to  pay  to  the state as soon as practicable in the
    46  months of May and December each year, the amount  necessary  to  fulfill
    47  the town and village distribution requirement on behalf of Nassau county
    48  pursuant  to  paragraph  five-a  of  this  subdivision,  or (ii) for the
    49  Buffalo fiscal stability authority to pay to the state as soon as  prac-
    50  ticable  in  the months of May and December each year, the percentage of
    51  the amount necessary  to  fulfill  the  town  and  village  distribution
    52  requirement  on  behalf  of  Erie county pursuant to paragraph five-a of
    53  this subdivision that equates  to  the  percentage  of  the  county  net
    54  collections  that  the  city  of  Buffalo  and  the  Buffalo city school
    55  district, together, are due in the months of May and December each year,
    56  or (iii) for the Erie county fiscal stability authority to  pay  to  the

        A. 9005--B                          9

     1  state  as  soon  as  practicable  in the months of May and December each
     2  year, the amount necessary to fulfill the town and village  distribution
     3  requirement  on  behalf  of  Erie county pursuant to paragraph five-a of
     4  this subdivision, less the amount being paid to the state by the Buffalo
     5  fiscal  stability  authority  in  each  respective  month,] and then (i)
     6  pursuant to the Nassau county  interim  finance  authority's  agreements
     7  with  the  county  of  Nassau, which agreements shall require the Nassau
     8  county interim finance authority to transfer such taxes,  penalties  and
     9  interest  remaining after providing for contractual or other obligations
    10  of the Nassau county interim  finance  authority,  and  subject  to  any
    11  agreement between such authority and the county of Nassau, to the county
    12  of  Nassau as frequently as practicable; or (ii) pursuant to the Buffalo
    13  fiscal stability authority's agreements with the city of Buffalo,  which
    14  agreements  shall  require  the  Buffalo  fiscal  stability authority to
    15  transfer such taxes, penalties and interest  remaining  after  providing
    16  for  contractual  or  other  obligations of the Buffalo fiscal stability
    17  authority, and subject to any agreement between such authority  and  the
    18  city  of  Buffalo,  to the city of Buffalo or the city of Buffalo school
    19  district, as the case may be, as frequently  as  practicable;  or  (iii)
    20  pursuant to the Erie county fiscal stability authority's agreements with
    21  the  county  of  Erie,  which  agreements  shall require the Erie county
    22  fiscal stability authority to transfer such taxes, penalties and  inter-
    23  est  remaining  after  providing for contractual or other obligations of
    24  the Erie county fiscal stability authority, and subject to any agreement
    25  between such authority and the county of Erie, to the county of Erie  as
    26  frequently  as  practicable.  During  the period that the comptroller is
    27  required to make payments to the Nassau county interim finance authority
    28  described in the previous sentence, the county of Nassau shall  have  no
    29  right,  title  or  interest  in or to such taxes, penalties and interest
    30  required to be paid to the  Nassau  county  interim  finance  authority,
    31  except  as  provided  in  such authority's agreements with the county of
    32  Nassau. During the period that  the  comptroller  is  required  to  make
    33  payments  to  the  Buffalo  fiscal  stability authority described in the
    34  second previous sentence, the city of Buffalo and such  school  district
    35  shall  have  no  right, title or interest in or to such taxes, penalties
    36  and interest required to be paid to the Buffalo fiscal stability author-
    37  ity, except as provided in such authority's agreements with the city  of
    38  Buffalo.  During  the  period  that  the comptroller is required to make
    39  payments to the Erie county fiscal stability authority described in  the
    40  third  previous  sentence, the county of Erie shall have no right, title
    41  or interest in or to such taxes, penalties and interest required  to  be
    42  paid  to  the Erie county fiscal stability authority, except as provided
    43  in such authority's agreements with the county of Erie.
    44    § 3. Paragraph 5-a of subdivision (c) of section 1261 of the  tax  law
    45  is REPEALED.
    46    §  4.  Subdivision 5 of section 3657 of the public authorities law, as
    47  amended by section 3 of part NN of chapter 55 of the laws  of  2020,  is
    48  amended to read as follows:
    49    5.  Tax  revenues received by the authority pursuant to section twelve
    50  hundred sixty-one of the tax  law,  together  with  any  other  revenues
    51  received  by  the  authority, shall be applied in the following order of
    52  priority: first pursuant to the authority's contracts with  bondholders,
    53  then  to  pay  the authority's operating expenses not otherwise provided
    54  for, [then to pay to the state pursuant to paragraph three  of  subdivi-
    55  sion  (c) of section twelve hundred sixty-one of the tax law,] and then,
    56  subject to the authority's agreements with the county, to  transfer  the

        A. 9005--B                         10

     1  balance  of  such tax revenues not required to meet contractual or other
     2  obligations of the authority to the county as frequently as practicable.
     3    §  5.  Subdivision 5 of section 3965 of the public authorities law, as
     4  amended by section 5 of part NN of chapter 55 of the laws  of  2020,  is
     5  amended to read as follows:
     6    5.  Revenues  of the authority shall be applied in the following order
     7  of priority: first to pay debt service or for set  asides  to  pay  debt
     8  service  on  the  authority's  bonds, notes, or other obligations and to
     9  replenish any reserve funds securing such bonds, notes  or  other  obli-
    10  gations  of  the authority in accordance with the provision of indenture
    11  or bond resolution of the authority; then to pay the authority's operat-
    12  ing expenses not otherwise provided for;  [then  to  pay  to  the  state
    13  pursuant to paragraph three of subdivision (c) of section twelve hundred
    14  sixty-one  of  the tax law;] and then, subject to the authority's agree-
    15  ments with the county for itself or on behalf of any  covered  organiza-
    16  tion  to  transfer  as frequently as practicable the balance of revenues
    17  not required to meet contractual or other obligations of  the  authority
    18  to the county as provided in subdivision seven of this section.
    19    §  6.  Subdivision 5 of section 3865 of the public authorities law, as
    20  amended by section 4 of part NN of chapter 55 of the laws  of  2020,  is
    21  amended to read as follows:
    22    5.  Revenues  of the authority shall be applied in the following order
    23  of priority: first to pay debt service or for set  asides  to  pay  debt
    24  service  on  the  authority's  bonds, notes, or other obligations and to
    25  replenish any reserve funds securing such bonds, notes  or  other  obli-
    26  gations of the authority, in accordance with the provision of any inden-
    27  ture  or  bond  resolution of the authority; then to pay the authority's
    28  operating expenses not otherwise provided for; [then to pay to the state
    29  pursuant to paragraph three of subdivision (c) of section twelve hundred
    30  sixty-one of the tax law;] and then, subject to the  authority's  agree-
    31  ment  with  the  city,  for  itself or on behalf of the city's dependent
    32  school district and any  other  covered  organization,  to  transfer  as
    33  frequently  as  practicable the balance of revenues not required to meet
    34  contractual or other obligations of the authority to  the  city  or  the
    35  city's  dependent  school  district  as provided in subdivision seven of
    36  this section.
    37    § 7. This act shall take effect July 1, 2022.

    38                                   PART Y

    39    Section 1. The state comptroller is hereby authorized and directed  to
    40  loan  money in accordance with the provisions set forth in subdivision 5
    41  of section 4 of the state finance law  to  the  following  funds  and/or
    42  accounts:
    43    1. DOL-Child performer protection account (20401).
    44    2. Local government records management account (20501).
    45    3. Child health plus program account (20810).
    46    4. EPIC premium account (20818).
    47    5. Education - New (20901).
    48    6. VLT - Sound basic education fund (20904).
    49    7.   Sewage  treatment  program  management  and  administration  fund
    50  (21000).
    51    8. Hazardous bulk storage account (21061).
    52    9. Utility environmental regulatory account (21064).
    53    10. Federal grants indirect cost recovery account (21065).
    54    11. Low level radioactive waste account (21066).

        A. 9005--B                         11

     1    12. Recreation account (21067).
     2    13. Public safety recovery account (21077).
     3    14. Environmental regulatory account (21081).
     4    15. Natural resource account (21082).
     5    16. Mined land reclamation program account (21084).
     6    17. Great lakes restoration initiative account (21087).
     7    18. Environmental protection and oil spill compensation fund (21200).
     8    19. Public transportation systems account (21401).
     9    20. Metropolitan mass transportation (21402).
    10    21. Operating permit program account (21451).
    11    22. Mobile source account (21452).
    12    23. Statewide   planning   and  research  cooperative  system  account
    13  (21902).
    14    24. New York state thruway authority account (21905).
    15    25. Mental hygiene program fund account (21907).
    16    26. Mental hygiene patient income account (21909).
    17    27. Financial control board account (21911).
    18    28. Regulation of racing account (21912).
    19    29. State university dormitory income reimbursable account (21937).
    20    30. Criminal justice improvement account (21945).
    21    31. Environmental laboratory reference fee account (21959).
    22    32. Training, management and evaluation account (21961).
    23    33. Clinical laboratory reference system assessment account (21962).
    24    34. Indirect cost recovery account (21978).
    25    35. Multi-agency training account (21989).
    26    36. Bell jar collection account (22003).
    27    37. Industry and utility service account (22004).
    28    38. Real property disposition account (22006).
    29    39. Parking account (22007).
    30    40. Courts special grants (22008).
    31    41. Asbestos safety training program account (22009).
    32    42. Camp Smith billeting account (22017).
    33    43. Batavia school for the blind account (22032).
    34    44. Investment services account (22034).
    35    45. Surplus property account (22036).
    36    46. Financial oversight account (22039).
    37    47. Regulation of Indian gaming account (22046).
    38    48. Rome school for the deaf account (22053).
    39    49. Seized assets account (22054).
    40    50. Administrative adjudication account (22055).
    41    51. New York City assessment account (22062).
    42    52. Cultural education account (22063).
    43    53. Local services account (22078).
    44    54. DHCR mortgage servicing account (22085).
    45    55. Housing indirect cost recovery account (22090).
    46    56. DHCR-HCA application fee account (22100).
    47    57. Low income housing monitoring account (22130).
    48    58. Corporation administration account (22135).
    49    59. New York State  Home  for  Veterans  in  the  Lower-Hudson  Valley
    50  account (22144).
    51    60. Deferred compensation administration account (22151).
    52    61. Rent revenue other New York City account (22156).
    53    62. Rent revenue account (22158).
    54    63. Transportation aviation account (22165).
    55    64. Tax revenue arrearage account (22168).
    56    65. New York state medical indemnity fund account (22240).

        A. 9005--B                         12

     1    66. Behavioral health parity compliance fund (22246).
     2    67. State university general income offset account (22654).
     3    68. Lake George park trust fund account (22751).
     4    69. State police motor vehicle law enforcement account (22802).
     5    70. Highway safety program account (23001).
     6    71. DOH drinking water program account (23102).
     7    72. NYCCC operating offset account (23151).
     8    73. Commercial gaming regulation account (23702).
     9    74. Highway use tax administration account (23801).
    10    75. New York state secure choice administrative account (23806).
    11    76. New York state cannabis revenue fund (24800).
    12    77. Fantasy sports administration account (24951).
    13    78. Highway and bridge capital account (30051).
    14    79. Aviation purpose account (30053).
    15    80. State university residence hall rehabilitation fund (30100).
    16    81. State parks infrastructure account (30351).
    17    82. Clean water/clean air implementation fund (30500).
    18    83. Hazardous waste remedial cleanup account (31506).
    19    84. Youth facilities improvement account (31701).
    20    85. Housing assistance fund (31800).
    21    86. Housing program fund (31850).
    22    87. Highway facility purpose account (31951).
    23    88. New York racing account (32213).
    24    89. Capital miscellaneous gifts account (32214).
    25    90. Information technology capital financing account (32215).
    26    91.  New  York  environmental protection and spill remediation account
    27  (32219).
    28    92. Mental hygiene facilities capital improvement fund (32300).
    29    93. Correctional facilities capital improvement fund (32350).
    30    94. New York State Storm Recovery Capital Fund (33000).
    31    95. OGS convention center account (50318).
    32    96. Empire Plaza Gift Shop (50327).
    33    97. Centralized services fund (55000).
    34    98. Archives records management account (55052).
    35    99. Federal single audit account (55053).
    36    100. Civil service administration account (55055).
    37    101. Civil service EHS occupational health program account (55056).
    38    102. Banking services account (55057).
    39    103. Cultural resources survey account (55058).
    40    104. Neighborhood work project account (55059).
    41    105. Automation & printing chargeback account (55060).
    42    106. OFT NYT account (55061).
    43    107. Data center account (55062).
    44    108. Intrusion detection account (55066).
    45    109. Domestic violence grant account (55067).
    46    110. Centralized technology services account (55069).
    47    111. Labor contact center account (55071).
    48    112. Human services contact center account (55072).
    49    113. Tax contact center account (55073).
    50    114. Department of law civil recoveries account (55074).
    51    115. Executive direction internal audit account (55251).
    52    116. CIO Information technology centralized services account (55252).
    53    117. Health insurance internal service account (55300).
    54    118. Civil service employee benefits division  administrative  account
    55  (55301).
    56    119. Correctional industries revolving fund (55350).

        A. 9005--B                         13

     1    120. Employees health insurance account (60201).
     2    121. Medicaid management information system escrow fund (60900).
     3    § 1-a. The state comptroller is hereby authorized and directed to loan
     4  money  in  accordance  with the provisions set forth in subdivision 5 of
     5  section 4 of the state finance law to any account within  the  following
     6  federal  funds,  provided  the comptroller has made a determination that
     7  sufficient federal grant award authority is available to reimburse  such
     8  loans:
     9    1. Federal USDA-food and nutrition services fund (25000).
    10    2. Federal health and human services fund (25100).
    11    3. Federal education fund (25200).
    12    4. Federal block grant fund (25250).
    13    5. Federal miscellaneous operating grants fund (25300).
    14    6. Federal unemployment insurance administration fund (25900).
    15    7. Federal unemployment insurance occupational training fund (25950).
    16    8. Federal emergency employment act fund (26000).
    17    9. Federal capital projects fund (31350).
    18    §  2.  Notwithstanding any law to the contrary, and in accordance with
    19  section 4 of the state finance law, the comptroller is hereby authorized
    20  and directed to transfer, upon request of the director of the budget, on
    21  or before March 31, 2023, up to the unencumbered balance or the  follow-
    22  ing amounts:
    23    Economic Development and Public Authorities:
    24    1. $1,175,000 from the miscellaneous special revenue fund, underground
    25  facilities safety training account (22172), to the general fund.
    26    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    27  special revenue fund, business and licensing services  account  (21977),
    28  to the general fund.
    29    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    30  enforcement account (21904), to the general fund.
    31    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    32  revenue fund, tax revenue arrearage account (22168).
    33    Education:
    34    1.  $2,653,000,000  from  the  general fund to the state lottery fund,
    35  education account (20901), as reimbursement for disbursements made  from
    36  such  fund for supplemental aid to education pursuant to section 92-c of
    37  the state finance law that are in excess of  the  amounts  deposited  in
    38  such fund for such purposes pursuant to section 1612 of the tax law.
    39    2. $1,237,000,000 from the general fund to the state lottery fund, VLT
    40  education  account (20904), as reimbursement for disbursements made from
    41  such fund for supplemental aid to education pursuant to section 92-c  of
    42  the  state  finance  law  that are in excess of the amounts deposited in
    43  such fund for such purposes pursuant to section 1612 of the tax law.
    44    3. $139,200,000 from the general fund to the New York state commercial
    45  gaming fund, commercial gaming revenue account (23701), as reimbursement
    46  for disbursements made from such fund for supplemental aid to  education
    47  pursuant  to section 97-nnnn of the state finance law that are in excess
    48  of the amounts deposited in such fund for purposes pursuant  to  section
    49  1352 of the racing, pari-mutuel wagering and breeding law.
    50    4.  $496,000,000  from  the general fund to the mobile sports wagering
    51  fund, education account (24955), as reimbursement for disbursements made
    52  from such fund for supplemental aid to  education  pursuant  to  section
    53  92-c of the state finance law that are in excess of the amounts deposit-
    54  ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
    55  racing, pari-mutuel wagering and breeding law.

        A. 9005--B                         14

     1    5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
     2  education account (24950), to the state lottery fund, education  account
     3  (20901),  as  reimbursement  for  disbursements  made from such fund for
     4  supplemental aid to education pursuant to  section  92-c  of  the  state
     5  finance law.
     6    6.  An  amount up to the unencumbered balance in the fund on March 31,
     7  2023 from the charitable gifts  trust  fund,  elementary  and  secondary
     8  education  account  (24901), to the general fund, for payment of general
     9  support for public schools pursuant to section 3609-a of  the  education
    10  law.
    11    7. Moneys from the state lottery fund (20900) up to an amount deposit-
    12  ed in such fund pursuant to section 1612 of the tax law in excess of the
    13  current year appropriation for supplemental aid to education pursuant to
    14  section 92-c of the state finance law.
    15    8.  $300,000  from the New York state local government records manage-
    16  ment improvement  fund,  local  government  records  management  account
    17  (20501), to the New York state archives partnership trust fund, archives
    18  partnership trust maintenance account (20351).
    19    9. $900,000 from the general fund to the miscellaneous special revenue
    20  fund, Batavia school for the blind account (22032).
    21    10. $900,000 from the general fund to the miscellaneous special reven-
    22  ue fund, Rome school for the deaf account (22053).
    23    11.  $343,400,000  from  the  state  university  dormitory income fund
    24  (40350) to the miscellaneous  special  revenue  fund,  state  university
    25  dormitory income reimbursable account (21937).
    26    12.  $8,318,000  from  the general fund to the state university income
    27  fund, state university income offset account (22654),  for  the  state's
    28  share of repayment of the STIP loan.
    29    13. Intentionally omitted
    30    14.  $7,790,000 from the miscellaneous special revenue fund, office of
    31  the professions account (22051), to the miscellaneous  capital  projects
    32  fund, office of the professions electronic licensing account (32222).
    33    15.  $24,000,000  from any of the state education department's special
    34  revenue and internal service funds to the miscellaneous special  revenue
    35  fund, indirect cost recovery account (21978).
    36    16.  $4,200,000  from  any of the state education department's special
    37  revenue or internal service funds to the capital projects fund (30000).
    38    Environmental Affairs:
    39    1. $16,000,000 from any of the department of  environmental  conserva-
    40  tion's  special  revenue federal funds, and/or federal capital funds, to
    41  the environmental conservation special revenue  fund,  federal  indirect
    42  recovery account (21065).
    43    2.  $5,000,000  from  any of the department of environmental conserva-
    44  tion's special revenue federal funds, and/or federal capital  funds,  to
    45  the  conservation  fund  (21150)  or Marine Resources Account (21151) as
    46  necessary to avoid diversion of conservation funds.
    47    3. $3,000,000 from any of the office of parks, recreation and historic
    48  preservation capital projects federal funds and special revenue  federal
    49  funds  to the miscellaneous special revenue fund, federal grant indirect
    50  cost recovery account (22188).
    51    4. $1,000,000 from any of the office of parks, recreation and historic
    52  preservation special revenue federal funds to the miscellaneous  capital
    53  projects fund, I love NY water account (32212).
    54    5.  $100,000,000 from the general fund to the environmental protection
    55  fund, environmental protection fund transfer account (30451).

        A. 9005--B                         15

     1    6. $6,000,000 from the general fund to the  hazardous  waste  remedial
     2  fund, hazardous waste oversight and assistance account (31505).
     3    7.  An  amount  up  to or equal to the cash balance within the special
     4  revenue-other waste management & cleanup account (21053) to the  capital
     5  projects  fund  (30000) for services and capital expenses related to the
     6  management and cleanup program as put forth in section  27-1915  of  the
     7  environmental conservation law.
     8    8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
     9  service account (22011) to the miscellaneous special revenue fund, util-
    10  ity environmental regulatory account (21064).
    11    9. $7,000,000 from the general fund to the enterprise fund, state fair
    12  account (50051).
    13    10. $4,000,000 from the waste management & cleanup account (21053)  to
    14  the general fund.
    15    11.  $3,000,000 from the waste management & cleanup account (21053) to
    16  the environmental protection fund transfer account (30451).
    17    12. Up to $10,000,000 from  the  general  fund  to  the  miscellaneous
    18  special revenue fund, patron services account (22163).
    19    Family Assistance:
    20    1.  $7,000,000 from any of the office of children and family services,
    21  office of temporary and disability assistance, or department  of  health
    22  special  revenue  federal funds and the general fund, in accordance with
    23  agreements with social services districts, to the miscellaneous  special
    24  revenue  fund, office of human resources development state match account
    25  (21967).
    26    2. $4,000,000 from any of the office of children and  family  services
    27  or office of temporary and disability assistance special revenue federal
    28  funds to the miscellaneous special revenue fund, family preservation and
    29  support services and family violence services account (22082).
    30    3. $18,670,000 from any of the office of children and family services,
    31  office  of  temporary and disability assistance, or department of health
    32  special revenue federal  funds  and  any  other  miscellaneous  revenues
    33  generated  from  the operation of office of children and family services
    34  programs to the general fund.
    35    4. $175,000,000 from any of the office  of  temporary  and  disability
    36  assistance  or department of health special revenue funds to the general
    37  fund.
    38    5. $2,500,000 from any of  the  office  of  temporary  and  disability
    39  assistance  special  revenue  funds to the miscellaneous special revenue
    40  fund, office of temporary  and  disability  assistance  program  account
    41  (21980).
    42    6. $35,000,000 from any of the office of children and family services,
    43  office  of temporary and disability assistance, department of labor, and
    44  department of health special revenue federal  funds  to  the  office  of
    45  children  and family services miscellaneous special revenue fund, multi-
    46  agency training contract account (21989).
    47    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    48  facility per diem account (22186), to the general fund.
    49    8.  $621,850  from the general fund to the combined gifts, grants, and
    50  bequests fund, WB Hoyt Memorial account (20128).
    51    9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
    52  central registry (22028), to the general fund.
    53    10.  $900,000  from  the general fund to the Veterans' Remembrance and
    54  Cemetery Maintenance and Operation account (20201).
    55    11. $505,000,000 from the general fund to  the  housing  program  fund
    56  (31850).

        A. 9005--B                         16

     1    General Government:
     2    1. $12,000,000 from the general fund to the health insurance revolving
     3  fund (55300).
     4    2.  $292,400,000  from  the  health  insurance  reserve  receipts fund
     5  (60550) to the general fund.
     6    3. $150,000 from the general fund to the not-for-profit revolving loan
     7  fund (20650).
     8    4. $150,000 from the not-for-profit revolving loan fund (20650) to the
     9  general fund.
    10    5. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
    11  property account (22036), to the general fund.
    12    6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
    13  arrearage account (22024), to the general fund.
    14    7. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
    15  arrearage  account  (22024),  to the miscellaneous special revenue fund,
    16  authority budget office account (22138).
    17    8. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
    18  account (22007), to the general fund, for the purpose of reimbursing the
    19  costs of debt service related to state parking facilities.
    20    9.  $11,460,000 from the general fund to the agencies internal service
    21  fund, central technology services account (55069), for  the  purpose  of
    22  enterprise technology projects.
    23    10. $10,000,000 from the general fund to the agencies internal service
    24  fund, state data center account (55062).
    25    11.  $12,000,000  from the miscellaneous special revenue fund, parking
    26  account (22007), to the centralized services, building support  services
    27  account (55018).
    28    12.  $30,000,000  from  the general fund to the internal service fund,
    29  business services center account (55022).
    30    13. $8,000,000 from the general fund to  the  internal  service  fund,
    31  building support services account (55018).
    32    14.  $1,500,000 from the combined expendable trust fund, plaza special
    33  events account (20120), to the general fund.
    34    15. $50,000,000 from the general fund to the New York  State  cannabis
    35  revenue fund (24800).
    36    16.  $50,000,000 from the New York State cannabis revenue fund (24800)
    37  to the general fund.
    38    Health:
    39    1. A transfer from the general fund to the combined gifts, grants  and
    40  bequests  fund, breast cancer research and education account (20155), up
    41  to an amount equal to the  monies  collected  and  deposited  into  that
    42  account in the previous fiscal year.
    43    2.  A transfer from the general fund to the combined gifts, grants and
    44  bequests  fund,  prostate  cancer  research,  detection,  and  education
    45  account  (20183),  up  to  an  amount  equal to the moneys collected and
    46  deposited into that account in the previous fiscal year.
    47    3. A transfer from the general fund to the combined gifts, grants  and
    48  bequests  fund,  Alzheimer's  disease  research  and  assistance account
    49  (20143), up to an amount equal to the  moneys  collected  and  deposited
    50  into that account in the previous fiscal year.
    51    4.  $8,750,000  from  the HCRA resources fund (20800) to the miscella-
    52  neous special revenue fund, empire state stem cell  trust  fund  account
    53  (22161).
    54    5. $2,000,000 from the miscellaneous special revenue fund, certificate
    55  of  need  account  (21920),  to the miscellaneous capital projects fund,
    56  healthcare IT capital subfund (32216).

        A. 9005--B                         17

     1    6. $2,000,000 from  the  miscellaneous  special  revenue  fund,  vital
     2  health  records  account  (22103), to the miscellaneous capital projects
     3  fund, healthcare IT capital subfund (32216).
     4    7.  $6,000,000  from  the  miscellaneous special revenue fund, profes-
     5  sional medical conduct account (22088),  to  the  miscellaneous  capital
     6  projects fund, healthcare IT capital subfund (32216).
     7    8.  $112,500,000  from  the HCRA resources fund (20800) to the capital
     8  projects fund (30000).
     9    9. $6,550,000 from the general fund to  the  medical  marihuana  trust
    10  fund, health operation and oversight account (23755).
    11    10. An amount up to the unencumbered balance from the charitable gifts
    12  trust  fund, health charitable account (24900), to the general fund, for
    13  payment of general support for primary, preventive, and inpatient health
    14  care, dental and vision care, hunger prevention and nutritional  assist-
    15  ance,  and  other services for New York state residents with the overall
    16  goal of ensuring that New York state residents have  access  to  quality
    17  health care and other related services.
    18    11.  $500,000  from  the  miscellaneous special revenue fund, New York
    19  State cannabis revenue fund, to the miscellaneous special revenue  fund,
    20  environmental laboratory fee account (21959).
    21    12.  An  amount  up to the unencumbered balance from the public health
    22  emergency charitable gifts trust fund to the general fund,  for  payment
    23  of  goods  and services necessary to respond to a public health disaster
    24  emergency or to assist or aid in responding to such a disaster.
    25    13.  $1,000,000,000 from the general fund to the health care transfor-
    26  mation fund (24850).
    27    Labor:
    28    1. $600,000 from the miscellaneous special revenue fund, DOL  fee  and
    29  penalty account (21923), to the child performer's protection fund, child
    30  performer protection account (20401).
    31    2.  $11,700,000  from  the unemployment insurance interest and penalty
    32  fund,  unemployment  insurance  special  interest  and  penalty  account
    33  (23601), to the general fund.
    34    3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
    35  ment  insurance special interest and penalty account (23601), and public
    36  work enforcement account (21998), to the general fund.
    37    4. $850,000 from the miscellaneous special revenue fund, DOL  elevator
    38  safety  program  fund (22252) to the miscellaneous special revenue fund,
    39  DOL fee and penalty account (21923).
    40    Mental Hygiene:
    41    1. $3,800,000 from the general fund, to the agencies internal  service
    42  fund, civil service EHS occupational health program account (55056).
    43    2.  $2,000,000 from the general fund, to the mental hygiene facilities
    44  capital improvement fund (32300).
    45    3. $20,000,000 from the opioid settlement fund (23817) to the  miscel-
    46  laneous capital projects fund, opioid settlement capital account.
    47    4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
    48  settlement capital account to the opioid settlement fund (23817).
    49    Public Protection:
    50    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
    51  management account (21944), to the general fund.
    52    2.  $2,587,000  from  the  general  fund  to the miscellaneous special
    53  revenue fund, recruitment incentive account (22171).
    54    3. $22,773,000 from the general fund to  the  correctional  industries
    55  revolving   fund,   correctional  industries  internal  service  account
    56  (55350).

        A. 9005--B                         18

     1    4. $2,000,000,000 from any of the division of  homeland  security  and
     2  emergency services special revenue federal funds to the general fund.
     3    5.  $115,420,000  from  the state police motor vehicle law enforcement
     4  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
     5  police  motor  vehicle  enforcement account (22802), to the general fund
     6  for state operation expenses of the division of state police.
     7    6. $136,130,000 from the general fund to the  correctional  facilities
     8  capital improvement fund (32350).
     9    7.  $5,000,000  from  the  general  fund  to the dedicated highway and
    10  bridge trust fund (30050) for the purpose of work zone safety activities
    11  provided by the division of state police for the department of transpor-
    12  tation.
    13    8. $10,000,000 from the miscellaneous special revenue fund,  statewide
    14  public  safety  communications  account (22123), to the capital projects
    15  fund (30000).
    16    9. $9,830,000 from  the  miscellaneous  special  revenue  fund,  legal
    17  services assistance account (22096), to the general fund.
    18    10.  $1,000,000 from the general fund to the agencies internal service
    19  fund, neighborhood work project account (55059).
    20    11. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
    21  print identification & technology account (21950), to the general fund.
    22    12. $1,100,000 from the state police motor vehicle law enforcement and
    23  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
    24  theft and insurance fraud account (22801), to the general fund.
    25    13. $14,400,000 from the general fund  to  the  miscellaneous  special
    26  revenue fund, criminal justice improvement account (21945).
    27    Transportation:
    28    1.  $20,000,000 from the general fund to the mass transportation oper-
    29  ating assistance fund, public transportation systems  operating  assist-
    30  ance account (21401), of which $12,000,000 constitutes the base need for
    31  operations.
    32    2.  $727,500,000  from  the  general fund to the dedicated highway and
    33  bridge trust fund (30050).
    34    3. $244,250,000 from the general fund to the MTA financial  assistance
    35  fund, mobility tax trust account (23651).
    36    4. $5,000,000 from the miscellaneous special revenue fund, transporta-
    37  tion  regulation  account  (22067)  to  the dedicated highway and bridge
    38  trust fund (30050), for disbursements made  from  such  fund  for  motor
    39  carrier  safety that are in excess of the amounts deposited in the dedi-
    40  cated highway and bridge trust fund (30050) for such purpose pursuant to
    41  section 94 of the transportation law.
    42    5. $3,000,000 from the miscellaneous  special  revenue  fund,  traffic
    43  adjudication account (22055), to the general fund.
    44    6. $5,000,000 from the miscellaneous special revenue fund, transporta-
    45  tion  regulation  account (22067) to the general fund, for disbursements
    46  made from such fund for motor carrier safety that are in excess  of  the
    47  amounts  deposited  in  the  general  fund  for such purpose pursuant to
    48  section 94 of the transportation law.
    49    Miscellaneous:
    50    1. $250,000,000 from the general fund to any funds or accounts for the
    51  purpose of reimbursing certain outstanding accounts receivable balances.
    52    2. $500,000,000 from the general fund to the  debt  reduction  reserve
    53  fund (40000).
    54    3.  $450,000,000  from  the New York state storm recovery capital fund
    55  (33000) to the revenue bond tax fund (40152).

        A. 9005--B                         19

     1    4. $15,500,000 from the general fund, community  projects  account  GG
     2  (10256), to the general fund, state purposes account (10050).
     3    5.  $100,000,000  from any special revenue federal fund to the general
     4  fund, state purposes account (10050).
     5    6. $12,750,000,000 from the special revenue federal fund,  ARPA-Fiscal
     6  Recovery  Fund  (25546)  to  the  general  fund,  state purposes account
     7  (10050) to cover eligible costs incurred by the state.
     8    § 3. 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, on or before March 31, 2023:
    11    1.  Upon request of the commissioner of environmental conservation, up
    12  to $12,745,400 from revenues credited to any of the department of  envi-
    13  ronmental  conservation special revenue funds, including $4,000,000 from
    14  the environmental protection and oil spill  compensation  fund  (21200),
    15  and  $1,834,600 from the conservation fund (21150), to the environmental
    16  conservation special revenue fund, indirect charges account (21060).
    17    2. Upon request of the commissioner of agriculture and markets, up  to
    18  $3,000,000  from  any special revenue fund or enterprise fund within the
    19  department of agriculture and markets to the general fund, to pay appro-
    20  priate administrative expenses.
    21    3. Upon request of the commissioner of agriculture and markets, up  to
    22  $2,000,000  from  the state exposition special fund, state fair receipts
    23  account (50051) to the miscellaneous capital projects fund,  state  fair
    24  capital improvement account (32208).
    25    4.  Upon  request  of  the commissioner of the division of housing and
    26  community renewal, up to $6,221,000 from revenues credited to any  divi-
    27  sion  of  housing and community renewal federal or miscellaneous special
    28  revenue fund to the miscellaneous special revenue fund, housing indirect
    29  cost recovery account (22090).
    30    5. Upon request of the commissioner of the  division  of  housing  and
    31  community  renewal, up to $5,500,000 may be transferred from any miscel-
    32  laneous special revenue  fund  account,  to  any  miscellaneous  special
    33  revenue fund.
    34    6.  Upon  request of the commissioner of health up to $13,694,000 from
    35  revenues credited to any of the department of health's  special  revenue
    36  funds, to the miscellaneous special revenue fund, administration account
    37  (21982).
    38    7.  Upon  the  request  of the attorney general, up to $4,000,000 from
    39  revenues credited to the federal health and human services fund, federal
    40  health and human services account (25117) or the  miscellaneous  special
    41  revenue  fund,  recoveries and revenue account (22041), to the miscella-
    42  neous special revenue fund, litigation  settlement  and  civil  recovery
    43  account (22117).
    44    8.  Upon  the request of the commission of agriculture and markets, up
    45  to $3,000,000 from any special revenue fund or  enterprise  fund  within
    46  the  department  of  agriculture and markets to the general fund, to pay
    47  appropriate administrative expenses.
    48    9. Upon the request of the commission of agriculture and  markets,  up
    49  to  $2,000,000  from  the  state  exposition  special  fund,  state fair
    50  receipts account (50051) to the  miscellaneous  capital  projects  fund,
    51  state fair capital improvement account (32208).
    52    § 4. On or before March 31, 2023, the comptroller is hereby authorized
    53  and  directed  to  deposit  earnings  that would otherwise accrue to the
    54  general fund that are attributable to the operation of section  98-a  of
    55  the  state  finance  law, to the agencies internal service fund, banking

        A. 9005--B                         20

     1  services account (55057), for the purpose  of  meeting  direct  payments
     2  from such account.
     3    §  5.  Notwithstanding  any law to the contrary, upon the direction of
     4  the director of the budget and upon requisition by the state  university
     5  of  New  York,  the  dormitory  authority  of  the  state of New York is
     6  directed to transfer, up to $22,000,000 in revenues generated  from  the
     7  sale of notes or bonds, the state university income fund general revenue
     8  account  (22653)  for  reimbursement  of  bondable equipment for further
     9  transfer to the state's general fund.
    10    § 6. Notwithstanding any law to the contrary, and in  accordance  with
    11  section 4 of the state finance law, the comptroller is hereby authorized
    12  and directed to transfer, upon request of the director of the budget and
    13  upon  consultation  with  the  state university chancellor or his or her
    14  designee, on or before March 31, 2023, up to $16,000,000 from the  state
    15  university  income  fund  general  revenue  account (22653) to the state
    16  general fund for debt service costs related to campus supported  capital
    17  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
    18  University at Buffalo.
    19    § 7. Notwithstanding any law to the contrary, and in  accordance  with
    20  section 4 of the state finance law, the comptroller is hereby authorized
    21  and directed to transfer, upon request of the director of the budget and
    22  upon  consultation  with  the  state university chancellor or his or her
    23  designee, on or before March 31, 2023, up to $6,500,000 from  the  state
    24  university  income  fund  general  revenue  account (22653) to the state
    25  general fund for debt service costs related to campus supported  capital
    26  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
    27  University at Albany.
    28    § 8. Notwithstanding any law to the  contrary,  the  state  university
    29  chancellor or his or her designee is authorized and directed to transfer
    30  estimated  tuition revenue balances from the state university collection
    31  fund (61000) to the  state  university  income  fund,  state  university
    32  general revenue offset account (22655) on or before March 31, 2023.
    33    §  9.  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, up
    36  to $1,100,588,645 from the general fund to the state  university  income
    37  fund, state university general revenue offset account (22655) during the
    38  period  of  July  1, 2022 through June 30, 2023 to support operations at
    39  the state university.
    40    § 10. Notwithstanding any law to the contrary, and in accordance  with
    41  section 4 of the state finance law, the comptroller is hereby authorized
    42  and directed to transfer, upon request of the director of the budget, up
    43  to  $48,834,000  from  the  general  fund to the state university income
    44  fund, state university general revenue offset account (22655) during the
    45  period of July 1, 2022 to June  30,  2023  for  general  fund  operating
    46  support  pursuant  to subparagraph (4-b) of paragraph h of subdivision 2
    47  of section three hundred fifty-five of the education law.
    48    § 11. Notwithstanding any law to the contrary, and in accordance  with
    49  section 4 of the state finance law, the comptroller is hereby authorized
    50  and directed to transfer, upon request of the director of the budget, up
    51  to  $20,000,000  from  the  general  fund to the state university income
    52  fund, state university general revenue offset account (22655) during the
    53  period of July 1, 2022 to June 30, 2023 to  support  operations  at  the
    54  state  university  in accordance with the maintenance of effort pursuant
    55  to subparagraph (4) of paragraph h of subdivision 2 of  section  355  of
    56  the education law.

        A. 9005--B                         21

     1    §  12. 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 state university  chancel-
     4  lor  or his or her designee, up to $55,000,000 from the state university
     5  income  fund,  state  university  hospitals  income reimbursable account
     6  (22656), for services and expenses of hospital  operations  and  capital
     7  expenditures at the state university hospitals; and the state university
     8  income  fund,  Long  Island  veterans' home account (22652) to the state
     9  university capital projects fund (32400) on or before June 30, 2023.
    10    § 13. Notwithstanding any law to the contrary, and in accordance  with
    11  section  4 of the state finance law, the comptroller, after consultation
    12  with the state university chancellor or his or her designee,  is  hereby
    13  authorized  and directed to transfer moneys, in the first instance, from
    14  the state university collection fund, Stony  Brook  hospital  collection
    15  account (61006), Brooklyn hospital collection account (61007), and Syra-
    16  cuse  hospital collection account (61008) to the state university income
    17  fund, state university hospitals income reimbursable account (22656)  in
    18  the  event  insufficient  funds  are  available  in the state university
    19  income fund, state  university  hospitals  income  reimbursable  account
    20  (22656)  to  permit the full transfer of moneys authorized for transfer,
    21  to the general fund for payment of debt  service  related  to  the  SUNY
    22  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
    23  also hereby authorized and directed, after consultation with  the  state
    24  university  chancellor  or  his or her designee, to transfer moneys from
    25  the state university income fund to the state  university  income  fund,
    26  state  university  hospitals  income reimbursable account (22656) in the
    27  event insufficient funds are available in the  state  university  income
    28  fund,  state university hospitals income reimbursable account (22656) to
    29  pay hospital operating costs or to permit the full  transfer  of  moneys
    30  authorized for transfer, to the general fund for payment of debt service
    31  related to the SUNY hospitals on or before March 31, 2023.
    32    §  14.  Notwithstanding any law to the contrary, upon the direction of
    33  the director of the budget and the chancellor of the state university of
    34  New York or his or her designee, and in accordance with section 4 of the
    35  state finance law, the comptroller is hereby authorized and directed  to
    36  transfer  monies from the state university dormitory income fund (40350)
    37  to the state university residence hall rehabilitation fund (30100),  and
    38  from  the state university residence hall rehabilitation fund (30100) to
    39  the state university dormitory income fund (40350), in an amount not  to
    40  exceed $100 million from each fund.
    41    §  15. Notwithstanding any law to the contrary, and in accordance with
    42  section 4 of the state finance law, the comptroller is hereby authorized
    43  and directed to transfer, at the request of the director of the  budget,
    44  up  to $700 million from the unencumbered balance of any special revenue
    45  fund or account, agency  fund  or  account,  internal  service  fund  or
    46  account,  enterprise  fund  or account, or any combination of such funds
    47  and accounts, to the general fund. The amounts transferred  pursuant  to
    48  this authorization shall be in addition to any other transfers expressly
    49  authorized  in  the  2022-23  budget. Transfers from federal funds, debt
    50  service funds, capital projects funds, the community projects  fund,  or
    51  funds  that would result in the loss of eligibility for federal benefits
    52  or federal funds pursuant to federal law, rule, or regulation as assent-
    53  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
    54  1951 are not permitted pursuant to this authorization.
    55    §  16. Notwithstanding any law to the contrary, and in accordance with
    56  section 4 of the state finance law, the comptroller is hereby authorized

        A. 9005--B                         22

     1  and directed to transfer, at the request of the director of the  budget,
     2  up  to $100 million from any non-general fund or account, or combination
     3  of funds and accounts, to the miscellaneous special revenue fund,  tech-
     4  nology  financing  account  (22207),  the miscellaneous capital projects
     5  fund, the federal capital projects account (31350), information technol-
     6  ogy capital financing account (32215),  or  the  centralized  technology
     7  services  account  (55069),  for the purpose of consolidating technology
     8  procurement and services. The amounts transferred to  the  miscellaneous
     9  special  revenue  fund, technology financing account (22207) pursuant to
    10  this authorization shall be equal to or less than  the  amount  of  such
    11  monies  intended  to  support  information  technology  costs  which are
    12  attributable, according to a plan, to such account made in pursuance  to
    13  an  appropriation  by law. Transfers to the technology financing account
    14  shall be completed  from  amounts  collected  by  non-general  funds  or
    15  accounts  pursuant  to a fund deposit schedule or permanent statute, and
    16  shall be transferred to the technology financing account pursuant  to  a
    17  schedule agreed upon by the affected agency commissioner. Transfers from
    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    §  17. 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 $400 million from any non-general fund or account, or combination
    26  of funds and accounts, to the general fund for the  purpose  of  consol-
    27  idating  technology  procurement  and  services. The amounts transferred
    28  pursuant to this authorization shall be equal to or less than the amount
    29  of such monies intended to support information  technology  costs  which
    30  are attributable, according to a plan, to such account made in pursuance
    31  to  an  appropriation  by  law.  Transfers  to the general fund shall be
    32  completed from amounts collected by non-general funds or accounts pursu-
    33  ant to a fund deposit schedule.  Transfers from funds that would  result
    34  in  the loss of eligibility for federal benefits or federal funds pursu-
    35  ant to federal law, rule, or regulation as assented to in chapter 683 of
    36  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    37  pursuant to this authorization.
    38    §  18. Notwithstanding any provision of law to the contrary, as deemed
    39  feasible and advisable by its trustees, the power authority of the state
    40  of New York is authorized and directed to transfer to the state treasury
    41  to the credit of the general fund up to $20,000,000 for the state fiscal
    42  year commencing April 1, 2022, the proceeds of which will be utilized to
    43  support energy-related state activities.
    44    § 19. Notwithstanding any provision of law, rule or regulation to  the
    45  contrary,  the  New York state energy research and development authority
    46  is authorized and directed to contribute $913,000 to the state  treasury
    47  to the credit of the general fund on or before March 31, 2023.
    48    §  20. Notwithstanding any provision of law, rule or regulation to the
    49  contrary, the New York state energy research and  development  authority
    50  is authorized and directed to transfer five million dollars to the cred-
    51  it of the Environmental Protection Fund on or before March 31, 2023 from
    52  proceeds  collected  by the authority from the auction or sale of carbon
    53  dioxide emission allowances allocated by the department of environmental
    54  conservation.

        A. 9005--B                         23

     1    § 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
     2  amended  by section 20 of part JJJ of chapter 59 of the laws of 2021, is
     3  amended to read as follows:
     4    5. Notwithstanding the provisions of section one hundred seventy-one-a
     5  of  the  tax law, as separately amended by chapters four hundred eighty-
     6  one and four hundred eighty-four of the laws of nineteen hundred  eight-
     7  y-one,  and notwithstanding the provisions of chapter ninety-four of the
     8  laws of two thousand eleven, or any  other  provisions  of  law  to  the
     9  contrary,  during  the  fiscal  year beginning April first, two thousand
    10  [twenty-one] twenty-two, the state comptroller is hereby authorized  and
    11  directed  to  deposit  to the fund created pursuant to this section from
    12  amounts collected pursuant to article twenty-two  of  the  tax  law  and
    13  pursuant  to  a  schedule submitted by the director of the budget, up to
    14  [$1,979,457,000] $1,830,985,000, as may be certified in such schedule as
    15  necessary to meet the purposes of such fund for the fiscal  year  begin-
    16  ning April first, two thousand [twenty-one] twenty-two.
    17    §  22.  Notwithstanding  any  law  to the contrary, the comptroller is
    18  hereby authorized and directed to transfer, upon request of the director
    19  of the budget, on or before March 31, 2023, the following  amounts  from
    20  the  following  special  revenue  accounts  to the capital projects fund
    21  (30000), for the purposes of reimbursement to  such  fund  for  expenses
    22  related to the maintenance and preservation of state assets:
    23    1. $43,000 from the miscellaneous special revenue fund, administrative
    24  program account (21982).
    25    2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
    26  hospital account (22140).
    27    3. $456,000 from the miscellaneous special revenue fund, New York city
    28  veterans' home account (22141).
    29    4.  $570,000  from  the  miscellaneous  special revenue fund, New York
    30  state home for veterans' and their dependents at oxford account (22142).
    31    5. $170,000 from the miscellaneous special revenue fund,  western  New
    32  York veterans' home account (22143).
    33    6.  $323,000  from  the  miscellaneous  special revenue fund, New York
    34  state for veterans in the lower-hudson valley account (22144).
    35    7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
    36  services account (22163).
    37    8.  $7,502,241  from  the  miscellaneous  special  revenue fund, state
    38  university general income reimbursable account (22653).
    39    9. $135,656,957 from the miscellaneous  special  revenue  fund,  state
    40  university revenue offset account (22655).
    41    10. $49,329,802 from the state university dormitory income fund, state
    42  university dormitory income fund (40350).
    43    11. $1,000,000 from the miscellaneous special revenue fund, litigation
    44  settlement and civil recovery account (22117).
    45    § 23. Subdivision 8 of section 53 of the state finance law, as amended
    46  by chapter 58 of the laws of 1982, is amended to read as follows:
    47     8. Notwithstanding the foregoing provisions of this section, in addi-
    48  tion to the restrictions set forth therein, the governor may authorize a
    49  transfer  to  the general fund, to a capital projects fund, or to a fund
    50  established to account for revenues from  the  federal  government  only
    51  after the approval of:
    52    (1)  the  temporary president of the senate or the [chairman] chair of
    53  the senate finance committee (the "senate"); and
    54    (2) the speaker of the assembly or the [chairman] chair of the  assem-
    55  bly ways and means committee (the "assembly").

        A. 9005--B                         24

     1    §  24. Subdivision 6 of section 4 of the state finance law, as amended
     2  by section 25 of part JJ of chapter 56 of the laws of 2020,  is  amended
     3  to read as follows:
     4    6.  Notwithstanding  any  law to the contrary, at the beginning of the
     5  state fiscal year,  the  state  comptroller  is  hereby  authorized  and
     6  directed  to  receive  for  deposit  to  the  credit of a fund and/or an
     7  account such monies as are identified by the director of the  budget  as
     8  having been intended for such deposit to support disbursements from such
     9  fund  and/or  account  made  in pursuance of an appropriation by law. As
    10  soon as practicable upon enactment of the budget, the  director  of  the
    11  budget  shall,  but  not  less  than  three  days  following preliminary
    12  submission to the chairs of the senate finance committee and the  assem-
    13  bly  ways  and means committee, file with the state comptroller an iden-
    14  tification of specific monies to be so deposited. Any subsequent  change
    15  regarding  the  monies to be so deposited shall be filed by the director
    16  of the budget, as soon as practicable, but  not  less  than  three  days
    17  following  preliminary  submission  to  the chairs of the senate finance
    18  committee and the assembly ways and means committee.
    19    All monies identified by the director of the budget to be deposited to
    20  the credit of a fund and/or account shall be consistent with the  intent
    21  of  the  budget for the then current state fiscal year as enacted by the
    22  legislature.
    23    The provisions of this subdivision shall expire on March thirty-first,
    24  two thousand [twenty-two] twenty-four.
    25    § 25. Subdivision 4 of section 40 of the state finance law, as amended
    26  by section 26 of part JJ of chapter 56 of the laws of 2020,  is  amended
    27  to read as follows:
    28    4.  Every appropriation made from a fund or account to a department or
    29  agency shall be available for the payment of prior years' liabilities in
    30  such fund or account for fringe benefits, indirect costs, and telecommu-
    31  nications expenses and expenses  for  other  centralized  services  fund
    32  programs  without limit. Every appropriation shall also be available for
    33  the payment of prior  years'  liabilities  other  than  those  indicated
    34  above,  but  only  to the extent of one-half of one percent of the total
    35  amount appropriated to a department or agency in such fund or account.
    36    The provisions of this subdivision shall  expire  March  thirty-first,
    37  two thousand [twenty-two] twenty-four.
    38    § 26. Intentionally omitted
    39    § 27. Intentionally omitted
    40    §    28.  Subdivision  4  of section 89-h of the state finance law, as
    41  amended by chapter 92 of the  laws  of  2021,  is  amended  to  read  as
    42  follows:
    43    4.  The moneys of the medical cannabis trust fund, following appropri-
    44  ation by the legislature, shall  be  allocated  upon  a  certificate  of
    45  approval  of availability by the director of the budget as follows:  (a)
    46  Twenty-two and five-tenths percent of the monies shall be transferred to
    47  the counties in New York state in which the medical cannabis  was  manu-
    48  factured and allocated in proportion to the gross sales originating from
    49  medical  cannabis  manufactured  in each such county; (b) twenty-two and
    50  five-tenths percent of the moneys shall be transferred to  the  counties
    51  in  New York state in which the medical cannabis was dispensed and allo-
    52  cated in proportion to the gross sales occurring in  each  such  county;
    53  (c)  five  percent  of  the monies shall be transferred to the office of
    54  addiction services and supports, which shall use that revenue for  addi-
    55  tional  drug  abuse  prevention,  counseling and treatment services; (d)
    56  five percent of the revenue received by the department shall  be  trans-

        A. 9005--B                         25

     1  ferred  to  the  division  of criminal justice services, which shall use
     2  that revenue for a program of discretionary grants to  state  and  local
     3  law  enforcement  agencies  that  demonstrate a need relating to article
     4  three of the cannabis law; said grants could be used for personnel costs
     5  of  state and local law enforcement agencies; and (e) forty-five percent
     6  of the monies shall be [transferred] deposited to  the  New  York  state
     7  cannabis revenue fund. For purposes of this subdivision, the city of New
     8  York shall be deemed to be a county.
     9    §  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
    10  contrary, the state comptroller is hereby authorized and directed to use
    11  any balance remaining in the mental health services  fund  debt  service
    12  appropriation, after payment by the state comptroller of all obligations
    13  required pursuant to any lease, sublease, or other financing arrangement
    14  between the dormitory authority of the state of New York as successor to
    15  the  New  York  state  medical  care  facilities finance agency, and the
    16  facilities development corporation pursuant to chapter 83 of the laws of
    17  1995 and the department of mental hygiene  for  the  purpose  of  making
    18  payments  to  the  dormitory  authority of the state of New York for the
    19  amount of the earnings for the investment of  monies  deposited  in  the
    20  mental health services fund that such agency determines will or may have
    21  to  be  rebated  to the federal government pursuant to the provisions of
    22  the internal revenue code of 1986, as amended, in order to  enable  such
    23  agency  to  maintain  the  exemption from federal income taxation on the
    24  interest paid to the holders of such agency's mental services facilities
    25  improvement revenue bonds. Annually on or before each  June  30th,  such
    26  agency  shall  certify to the state comptroller its determination of the
    27  amounts received in the mental health services fund as a result  of  the
    28  investment  of  monies  deposited  therein  that  will or may have to be
    29  rebated to the federal government pursuant  to  the  provisions  of  the
    30  internal revenue code of 1986, as amended.
    31    § 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    32  of  1997,  relating  to  the  financing  of  the correctional facilities
    33  improvement fund and the youth facility improvement fund, as amended  by
    34  section  25 of part JJJ of chapter 59 of the laws of 2021, is amended to
    35  read as follows:
    36    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
    37  notwithstanding the provisions of section 18 of section 1 of chapter 174
    38  of the laws of 1968, the New York state urban development corporation is
    39  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    40  aggregate principal amount not to exceed [nine billion one hundred thir-
    41  ty-nine million six hundred nineteen  thousand  dollars  $9,139,619,000]
    42  nine billion five hundred two million seven hundred thirty-nine thousand
    43  dollars  $9,502,739,000,  and  shall  include all bonds, notes and other
    44  obligations issued pursuant to chapter  56  of  the  laws  of  1983,  as
    45  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    46  obligations shall be paid to the state, for deposit in the  correctional
    47  facilities capital improvement fund to pay for all or any portion of the
    48  amount  or  amounts paid by the state from appropriations or reappropri-
    49  ations made to the department of corrections and  community  supervision
    50  from  the  correctional  facilities capital improvement fund for capital
    51  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    52  authorized  to  be  issued pursuant to this section shall exclude bonds,
    53  notes or other obligations issued to refund or  otherwise  repay  bonds,
    54  notes  or  other  obligations  theretofore issued, the proceeds of which
    55  were paid to the state for all or a portion of the amounts  expended  by
    56  the state from appropriations or reappropriations made to the department

        A. 9005--B                         26

     1  of  corrections  and community supervision; provided, however, that upon
     2  any such refunding or repayment the total aggregate principal amount  of
     3  outstanding  bonds, notes or other obligations may be greater than [nine
     4  billion  one  hundred  thirty-nine million six hundred nineteen thousand
     5  dollars $9,139,619,000] nine billion  five  hundred  two  million  seven
     6  hundred thirty-nine thousand dollars $9,502,739,000, only if the present
     7  value of the aggregate debt service of the refunding or repayment bonds,
     8  notes  or  other  obligations  to be issued shall not exceed the present
     9  value of the aggregate debt service of the bonds, notes or  other  obli-
    10  gations  so to be refunded or repaid. For the purposes hereof, the pres-
    11  ent value of the aggregate debt service of the  refunding  or  repayment
    12  bonds,  notes  or other obligations and of the aggregate debt service of
    13  the bonds, notes or other obligations so refunded or  repaid,  shall  be
    14  calculated  by utilizing the effective interest rate of the refunding or
    15  repayment bonds, notes or other obligations, which shall  be  that  rate
    16  arrived  at  by doubling the semi-annual interest rate (compounded semi-
    17  annually) necessary to discount the debt service payments on the refund-
    18  ing or repayment bonds, notes or  other  obligations  from  the  payment
    19  dates  thereof to the date of issue of the refunding or repayment bonds,
    20  notes or other obligations and to  the  price  bid  including  estimated
    21  accrued interest or proceeds received by the corporation including esti-
    22  mated accrued interest from the sale thereof.
    23    §  31.  Subdivision  (a)  of section 27 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 26 of part JJJ of chapter 59 of the laws of 2021, 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, the urban  devel-
    30  opment  corporation  is hereby authorized to issue bonds or notes in one
    31  or more series in an aggregate principal amount  not  to  exceed  [three
    32  hundred  seventy-four million six hundred thousand dollars $374,600,000]
    33  four  hundred  twenty-six   million   one   hundred   thousand   dollars
    34  $426,100,000, 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  including  IT
    38  initiatives  for  the division of state police, debt service and leases;
    39  and to reimburse the state general fund for disbursements made therefor.
    40  Such bonds and notes of such authorized issuer shall not be  a  debt  of
    41  the  state, and the state shall not be liable thereon, nor shall they be
    42  payable out of any funds other than those appropriated by the  state  to
    43  such authorized issuer for debt service and related expenses pursuant to
    44  any  service  contract  executed  pursuant  to  subdivision  (b) of this
    45  section and such bonds and notes shall contain on  the  face  thereof  a
    46  statement  to  such  effect.  Except  for purposes of complying with the
    47  internal revenue code, any interest income earned on bond proceeds shall
    48  only be used to pay debt service on such bonds.
    49    § 32. Subdivision 3 of section 1285-p of the public  authorities  law,
    50  as  amended by section 27 of part JJJ of chapter 59 of the laws of 2021,
    51  is amended to read as follows:
    52    3. The maximum amount of bonds that may be issued for the  purpose  of
    53  financing  environmental  infrastructure  projects  authorized  by  this
    54  section shall be [seven billion one hundred thirty million ten  thousand
    55  dollars  $7,130,010,000] eight billion one hundred forty-two million one
    56  hundred ten thousand dollars $8,142,110,000, exclusive of  bonds  issued

        A. 9005--B                         27

     1  to  fund  any  debt service reserve funds, pay costs of issuance of such
     2  bonds, and bonds or notes issued to refund or otherwise repay  bonds  or
     3  notes  previously  issued. Such bonds and notes of the corporation shall
     4  not  be  a debt of the state, and the state shall not be liable thereon,
     5  nor shall they be payable out of any funds other than those appropriated
     6  by the state to the corporation for debt service  and  related  expenses
     7  pursuant  to  any service contracts executed pursuant to subdivision one
     8  of this section, and such bonds and notes  shall  contain  on  the  face
     9  thereof a statement to such effect.
    10    §  33.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    11  laws of 2002, relating to providing for the  administration  of  certain
    12  funds  and  accounts  related  to  the  2002-2003  budget, as amended by
    13  section 28 of part JJJ of chapter 59 of the laws of 2021, is amended  to
    14  read as follows:
    15    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    16  notwithstanding the provisions of section 18 of  the  urban  development
    17  corporation  act, the corporation is hereby authorized to issue bonds or
    18  notes in one or more series in an  aggregate  principal  amount  not  to
    19  exceed  [three hundred forty-seven million five hundred thousand dollars
    20  $347,500,000] three hundred eighty-three million five  hundred  thousand
    21  dollars  $383,500,000,  excluding  bonds issued to fund one or more debt
    22  service reserve funds, to pay costs of issuance of such bonds, and bonds
    23  or notes issued to refund or otherwise repay such bonds or notes  previ-
    24  ously  issued,  for  the  purpose  of financing capital costs related to
    25  homeland security and training facilities  for  the  division  of  state
    26  police,  the division of military and naval affairs, and any other state
    27  agency, including the reimbursement of any disbursements made  from  the
    28  state  capital projects fund, and is hereby authorized to issue bonds or
    29  notes in one or more series in an  aggregate  principal  amount  not  to
    30  exceed  [one  billion three hundred eight million six hundred eighty-six
    31  thousand dollars $1,308,686,000] one  billion  five  hundred  ninety-one
    32  million nine hundred eighty-six thousand dollars $1,591,986,000, exclud-
    33  ing  bonds issued to fund one or more debt service reserve funds, to pay
    34  costs of issuance of such bonds, and bonds or notes issued to refund  or
    35  otherwise  repay  such bonds or notes previously issued, for the purpose
    36  of financing improvements to State office buildings and other facilities
    37  located statewide, including the reimbursement of any disbursements made
    38  from the state capital projects fund. Such bonds and notes of the corpo-
    39  ration shall not be a debt of the state, and  the  state  shall  not  be
    40  liable  thereon,  nor  shall they be payable out of any funds other than
    41  those appropriated by the state to the corporation for debt service  and
    42  related  expenses pursuant to any service contracts executed pursuant to
    43  subdivision (b) of this section, and such bonds and notes shall  contain
    44  on the face thereof a statement to such effect.
    45    §  34.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    46  authorities law, as amended by section 29 of part JJJ of chapter  59  of
    47  the laws of 2021, is amended to read as follows:
    48    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    49  thousand,  the  dormitory  authority shall not issue any bonds for state
    50  university educational facilities purposes if the  principal  amount  of
    51  bonds to be issued when added to the aggregate principal amount of bonds
    52  issued  by  the  dormitory  authority  on and after July first, nineteen
    53  hundred eighty-eight for state university  educational  facilities  will
    54  exceed  [fifteen  billion  five hundred fifty-five million eight hundred
    55  sixty-four  thousand  dollars  $15,555,864,000]  seventeen  billion  six
    56  hundred   one   million   eight   hundred  sixty-four  thousand  dollars

        A. 9005--B                         28

     1  $17,601,864,000; provided, however, that bonds issued or  to  be  issued
     2  shall be excluded from such limitation if:  (1) such bonds are issued to
     3  refund   state   university  construction  bonds  and  state  university
     4  construction  notes  previously issued by the housing finance agency; or
     5  (2) such bonds are issued to refund bonds  of  the  authority  or  other
     6  obligations  issued for state university educational facilities purposes
     7  and the present value of the aggregate debt  service  on  the  refunding
     8  bonds does not exceed the present value of the aggregate debt service on
     9  the bonds refunded thereby; provided, further that upon certification by
    10  the director of the budget that the issuance of refunding bonds or other
    11  obligations  issued between April first, nineteen hundred ninety-two and
    12  March thirty-first, nineteen hundred  ninety-three  will  generate  long
    13  term  economic  benefits  to  the  state, as assessed on a present value
    14  basis, such issuance will be deemed to have met the present  value  test
    15  noted  above. For purposes of this subdivision, the present value of the
    16  aggregate debt service of the refunding bonds  and  the  aggregate  debt
    17  service of the bonds refunded, shall be calculated by utilizing the true
    18  interest  cost  of the refunding bonds, which shall be that rate arrived
    19  at by doubling the semi-annual interest rate (compounded  semi-annually)
    20  necessary  to  discount the debt service payments on the refunding bonds
    21  from the payment dates thereof to the date of  issue  of  the  refunding
    22  bonds  to  the purchase price of the refunding bonds, including interest
    23  accrued thereon prior to the issuance  thereof.  The  maturity  of  such
    24  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
    25  exceed the weighted average economic life, as  certified  by  the  state
    26  university construction fund, of the facilities in connection with which
    27  the  bonds  are  issued,  and  in any case not later than the earlier of
    28  thirty years or the expiration of the term of  any  lease,  sublease  or
    29  other  agreement  relating  thereto;  provided  that  no note, including
    30  renewals thereof, shall mature later than five years after the  date  of
    31  issuance  of  such  note. The legislature reserves the right to amend or
    32  repeal such limit, and the state of New York, the  dormitory  authority,
    33  the  state university of New York, and the state university construction
    34  fund are prohibited from covenanting or making any other agreements with
    35  or for the benefit of bondholders which might in  any  way  affect  such
    36  right.
    37    §  35.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    38  authorities law, as amended by section 30 of part JJJ of chapter  59  of
    39  the laws of 2021, is amended to read as follows:
    40    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    41  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
    42  bonds for city university community college facilities, except to refund
    43  or to be substituted for or in lieu of other bonds in relation  to  city
    44  university  community college facilities pursuant to a resolution of the
    45  dormitory authority adopted before July first, nineteen hundred  eighty-
    46  five  or any resolution supplemental thereto, if the principal amount of
    47  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    48  previously  issued by the dormitory authority for city university commu-
    49  nity college facilities, except to refund or to be substituted  in  lieu
    50  of  other bonds in relation to city university community college facili-
    51  ties will exceed the sum of four hundred twenty-five million dollars and
    52  (ii) the dormitory authority shall not deliver a series of bonds  issued
    53  for  city university facilities, including community college facilities,
    54  pursuant to a resolution of the dormitory authority adopted on or  after
    55  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    56  substituted for or in lieu of other bonds in relation to city university

        A. 9005--B                         29

     1  facilities and except for bonds issued pursuant to a resolution  supple-
     2  mental  to a resolution of the dormitory authority adopted prior to July
     3  first, nineteen hundred eighty-five, if the principal amount of bonds so
     4  to  be  issued  when  added  to the principal amount of bonds previously
     5  issued pursuant to any such resolution, except bonds issued to refund or
     6  to be substituted for or in lieu of other  bonds  in  relation  to  city
     7  university  facilities,  will exceed [nine billion six hundred sixty-one
     8  million thirty thousand dollars $9,661,030,000]   eleven  billion  three
     9  hundred   one   million   one   hundred   twenty-six   thousand  dollars
    10  $11,301,126,000. The legislature reserves the right to amend  or  repeal
    11  such limit, and the state of New York, the dormitory authority, the city
    12  university,  and  the fund are prohibited from covenanting or making any
    13  other agreements with or for the benefit of bondholders which  might  in
    14  any way affect such right.
    15    §  36. Subdivision 10-a of section 1680 of the public authorities law,
    16  as amended by section 31 of part JJJ of chapter 59 of the laws of  2021,
    17  is amended to read as follows:
    18    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    19  two thousand, but notwithstanding any other provision of the law to  the
    20  contrary, the maximum amount of bonds and notes to be issued after March
    21  thirty-first,  two  thousand two, on behalf of the state, in relation to
    22  any locally sponsored community college, shall be [one billion sixty-six
    23  million two hundred fifty-seven  thousand  dollars  $1,066,257,000]  one
    24  billion  one  hundred  twenty-three  million  one hundred forty thousand
    25  dollars $1,123,140,000. Such amount shall  be  exclusive  of  bonds  and
    26  notes issued to fund any reserve fund or funds, costs of issuance and to
    27  refund  any  outstanding bonds and notes, issued on behalf of the state,
    28  relating to a locally sponsored community college.
    29    § 37. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    30  of 1997, relating  to  the  financing  of  the  correctional  facilities
    31  improvement  fund and the youth facility improvement fund, as amended by
    32  section 32 of part JJJ of chapter 59 of the laws of 2021, is amended  to
    33  read as follows:
    34    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    35  notwithstanding the provisions of section 18 of section 1 of chapter 174
    36  of the laws of 1968, the New York state urban development corporation is
    37  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    38  aggregate  principal  amount  not  to  exceed [eight hundred seventy-six
    39  million fifteen  thousand  dollars  $876,015,000]  nine  hundred  eleven
    40  million  seven  hundred  fifteen  thousand  dollars  $911,715,000, which
    41  authorization increases the aggregate principal amount of  bonds,  notes
    42  and  other  obligations  authorized  by section 40 of chapter 309 of the
    43  laws of 1996, and shall include all bonds, notes and  other  obligations
    44  issued  pursuant  to  chapter  211  of  the  laws of 1990, as amended or
    45  supplemented. The proceeds of such bonds,  notes  or  other  obligations
    46  shall be paid to the state, for deposit in the youth facilities improve-
    47  ment  fund,  to pay for all or any portion of the amount or amounts paid
    48  by the state from appropriations or reappropriations made to the  office
    49  of  children  and  family services from the youth facilities improvement
    50  fund for capital projects. The aggregate  amount  of  bonds,  notes  and
    51  other obligations authorized to be issued pursuant to this section shall
    52  exclude  bonds, notes or other obligations issued to refund or otherwise
    53  repay bonds, notes or other obligations theretofore issued, the proceeds
    54  of which were paid to the state for all or  a  portion  of  the  amounts
    55  expended  by  the  state from appropriations or reappropriations made to
    56  the office of children and family services; provided, however, that upon

        A. 9005--B                         30

     1  any such refunding or repayment the total aggregate principal amount  of
     2  outstanding bonds, notes or other obligations may be greater than [eight
     3  hundred  seventy-six million fifteen thousand dollars $876,015,000] nine
     4  hundred   eleven   million   seven   hundred  fifteen  thousand  dollars
     5  $911,715,000, only if the present value of the aggregate debt service of
     6  the refunding or repayment bonds,  notes  or  other  obligations  to  be
     7  issued  shall not exceed the present value of the aggregate debt service
     8  of the bonds, notes or other obligations so to be  refunded  or  repaid.
     9  For the purposes hereof, the present value of the aggregate debt service
    10  of  the  refunding or repayment bonds, notes or other obligations and of
    11  the aggregate debt service of the bonds, notes or other  obligations  so
    12  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
    13  interest rate of the refunding or repayment bonds, notes or other  obli-
    14  gations, which shall be that rate arrived at by doubling the semi-annual
    15  interest  rate (compounded semi-annually) necessary to discount the debt
    16  service payments on the refunding or repayment  bonds,  notes  or  other
    17  obligations  from  the payment dates thereof to the date of issue of the
    18  refunding or repayment bonds, notes or  other  obligations  and  to  the
    19  price  bid  including estimated accrued interest or proceeds received by
    20  the corporation including estimated accrued interest from the sale ther-
    21  eof.
    22    § 38. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    23  chapter 392 of the laws of 1973, constituting the New York state medical
    24  care facilities finance agency act, as amended by section 33 of part JJJ
    25  of chapter 59 of the laws of 2021, is amended to read as follows:
    26    b.  The  agency shall have power and is hereby authorized from time to
    27  time to issue negotiable bonds and notes in conformity  with  applicable
    28  provisions  of  the uniform commercial code in such principal amount as,
    29  in the opinion of the agency, shall  be  necessary,  after  taking  into
    30  account  other moneys which may be available for the purpose, to provide
    31  sufficient funds to  the  facilities  development  corporation,  or  any
    32  successor agency, for the financing or refinancing of or for the design,
    33  construction, acquisition, reconstruction, rehabilitation or improvement
    34  of  mental  health  services  facilities pursuant to paragraph a of this
    35  subdivision, the payment of interest on mental health services  improve-
    36  ment  bonds and mental health services improvement notes issued for such
    37  purposes, the establishment of reserves to secure such bonds and  notes,
    38  the  cost  or  premium  of  bond insurance or the costs of any financial
    39  mechanisms which may be used to reduce the debt service  that  would  be
    40  payable  by the agency on its mental health services facilities improve-
    41  ment bonds and notes and all other expenditures of the  agency  incident
    42  to  and  necessary or convenient to providing the facilities development
    43  corporation, or any successor agency, with funds for  the  financing  or
    44  refinancing of or for any such design, construction, acquisition, recon-
    45  struction, rehabilitation or improvement and for the refunding of mental
    46  hygiene improvement bonds issued pursuant to section 47-b of the private
    47  housing  finance law; provided, however, that the agency shall not issue
    48  mental health services facilities improvement bonds  and  mental  health
    49  services  facilities  improvement notes in an aggregate principal amount
    50  exceeding [ten billion four hundred seventy-six  million  seven  hundred
    51  seventy-three thousand dollars $10,476,773,000] ten billion nine hundred
    52  ninety-two   million   six   hundred   thirty-three   thousand   dollars
    53  $10,992,633,000, excluding mental health services facilities improvement
    54  bonds and mental health services facilities improvement notes issued  to
    55  refund  outstanding  mental health services facilities improvement bonds
    56  and mental  health  services  facilities  improvement  notes;  provided,

        A. 9005--B                         31

     1  however,  that  upon  any  such  refunding or repayment of mental health
     2  services facilities improvement  bonds  and/or  mental  health  services
     3  facilities  improvement  notes  the  total aggregate principal amount of
     4  outstanding  mental  health  services  facilities  improvement bonds and
     5  mental health facilities improvement notes  may  be  greater  than  [ten
     6  billion  four  hundred  seventy-six  million seven hundred seventy-three
     7  thousand dollars $10,476,773,000] ten billion  nine  hundred  eighty-two
     8  million  six hundred thirty-three thousand dollars $10,982,633,000, only
     9  if, except  as  hereinafter  provided  with  respect  to  mental  health
    10  services  facilities  bonds  and mental health services facilities notes
    11  issued to refund mental  hygiene  improvement  bonds  authorized  to  be
    12  issued pursuant to the provisions of section 47-b of the private housing
    13  finance  law,  the  present  value  of the aggregate debt service of the
    14  refunding or repayment bonds to be issued shall not exceed  the  present
    15  value  of  the  aggregate  debt  service  of the bonds to be refunded or
    16  repaid. For purposes hereof, the present values of  the  aggregate  debt
    17  service  of the refunding or repayment bonds, notes or other obligations
    18  and of the aggregate debt service of the bonds,  notes  or  other  obli-
    19  gations  so  refunded  or  repaid,  shall be calculated by utilizing the
    20  effective interest rate of the refunding or repayment  bonds,  notes  or
    21  other  obligations,  which shall be that rate arrived at by doubling the
    22  semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
    23  discount  the debt service payments on the refunding or repayment bonds,
    24  notes or other obligations from the payment dates thereof to the date of
    25  issue of the refunding or repayment bonds, notes  or  other  obligations
    26  and  to  the  price bid including estimated accrued interest or proceeds
    27  received by the authority including estimated accrued interest from  the
    28  sale  thereof. Such bonds, other than bonds issued to refund outstanding
    29  bonds, shall be scheduled to mature over a term not to exceed the  aver-
    30  age useful life, as certified by the facilities development corporation,
    31  of  the  projects  for which the bonds are issued, and in any case shall
    32  not exceed thirty years  and  the  maximum  maturity  of  notes  or  any
    33  renewals  thereof  shall  not  exceed  five  years  from the date of the
    34  original issue of such notes. Notwithstanding  the  provisions  of  this
    35  section,  the  agency  shall  have the power and is hereby authorized to
    36  issue mental health services facilities improvement bonds and/or  mental
    37  health  services  facilities  improvement  notes  to  refund outstanding
    38  mental hygiene improvement bonds authorized to be issued pursuant to the
    39  provisions of section 47-b of the private housing finance  law  and  the
    40  amount  of  bonds  issued  or outstanding for such purposes shall not be
    41  included for purposes of determining the amount of bonds issued pursuant
    42  to this section. The director of the budget shall allocate the aggregate
    43  principal authorized to be issued by the  agency  among  the  office  of
    44  mental  health,  office  for people with developmental disabilities, and
    45  the office of addiction services  and  supports,  in  consultation  with
    46  their respective commissioners to finance bondable appropriations previ-
    47  ously approved by the legislature.
    48    §  39.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
    49  laws of 2005, relating to providing for the  administration  of  certain
    50  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    51  section 34 of part JJJ of chapter 59 of the laws of 2021, is amended  to
    52  read as follows:
    53    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    54  notwithstanding any provisions of law  to  the  contrary,  one  or  more
    55  authorized  issuers  as defined by section 68-a of the state finance law
    56  are hereby authorized to issue bonds or notes in one or more  series  in

        A. 9005--B                         32

     1  an  aggregate  principal  amount  not to exceed [one hundred seventy-two
     2  million dollars $172,000,000] one hundred ninety-seven  million  dollars
     3  $197,000,000, excluding bonds issued to finance one or more debt service
     4  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
     5  notes issued to refund or otherwise repay such bonds or notes previously
     6  issued, for  the  purpose  of  financing  capital  projects  for  public
     7  protection  facilities  in  the  Division of Military and Naval Affairs,
     8  debt service and leases; and to reimburse the  state  general  fund  for
     9  disbursements  made  therefor.  Such  bonds and notes of such authorized
    10  issuer shall not be a debt of the state, and  the  state  shall  not  be
    11  liable  thereon,  nor  shall they be payable out of any funds other than
    12  those appropriated by the state  to  such  authorized  issuer  for  debt
    13  service  and  related expenses pursuant to any service contract executed
    14  pursuant to subdivision (b) of this section 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    § 40. Section 53 of section 1 of chapter 174  of  the  laws  of  1968,
    20  constituting  the  New  York state urban development corporation act, as
    21  amended by section 35 of part JJJ of chapter 59 of the laws of 2021,  is
    22  amended to read as follows:
    23    §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
    24  contrary, the dormitory authority and the urban development  corporation
    25  are  hereby authorized to issue bonds or notes in one or more series for
    26  the purpose of funding project costs for the acquisition  of  equipment,
    27  including  but  not limited to the creation or modernization of informa-
    28  tion technology systems and related research and development  equipment,
    29  health and safety equipment, heavy equipment and machinery, the creation
    30  or  improvement  of security systems, and laboratory equipment and other
    31  state costs associated with such capital projects. The aggregate princi-
    32  pal amount of bonds authorized to be issued  pursuant  to  this  section
    33  shall not exceed [two hundred ninety-three million dollars $293,000,000]
    34  three hundred ninety-three million dollars $393,000,000, excluding bonds
    35  issued  to  fund one or more debt service reserve funds, to pay costs of
    36  issuance of such bonds, and bonds or notes issued to refund or otherwise
    37  repay such bonds or notes previously issued. Such bonds and notes of the
    38  dormitory authority and the urban development corporation shall not be a
    39  debt of the state, and the state shall not be liable thereon, nor  shall
    40  they  be  payable  out of any funds other than those appropriated by the
    41  state to the dormitory authority and the urban  development  corporation
    42  for  principal,  interest,  and  related  expenses pursuant to a service
    43  contract and such bonds and notes shall contain on the  face  thereof  a
    44  statement  to  such  effect.  Except  for purposes of complying with the
    45  internal revenue code, any interest income earned on bond proceeds shall
    46  only be used to pay debt service on such bonds.
    47    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    48  order to assist the dormitory authority and the urban development corpo-
    49  ration  in  undertaking the financing for project costs for the acquisi-
    50  tion of equipment, including but not limited to the creation or  modern-
    51  ization  of  information  technology  systems  and  related research and
    52  development equipment, health and safety equipment, heavy equipment  and
    53  machinery,  the creation or improvement of security systems, and labora-
    54  tory equipment and  other  state  costs  associated  with  such  capital
    55  projects,  the director of the budget is hereby authorized to enter into
    56  one or more service contracts with the dormitory authority and the urban

        A. 9005--B                         33

     1  development corporation, none of which  shall  exceed  thirty  years  in
     2  duration,  upon  such terms and conditions as the director of the budget
     3  and the dormitory authority and the urban development corporation agree,
     4  so  as  to  annually  provide  to  the dormitory authority and the urban
     5  development corporation, in the aggregate, a sum not to exceed the prin-
     6  cipal, interest, and related expenses required for such bonds and notes.
     7  Any service contract entered into pursuant to this section shall provide
     8  that the obligation of the state to  pay  the  amount  therein  provided
     9  shall  not  constitute  a  debt  of  the state within the meaning of any
    10  constitutional or statutory provision and shall be deemed executory only
    11  to the extent of  monies  available  and  that  no  liability  shall  be
    12  incurred  by  the  state  beyond  the monies available for such purpose,
    13  subject to annual appropriation by the legislature. Any such contract or
    14  any payments made or to be made thereunder may be assigned  and  pledged
    15  by  the  dormitory  authority  and  the urban development corporation as
    16  security for its bonds and notes, as authorized by this section.
    17    § 41. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    18  1991,  amending  the  state  finance  law and other laws relating to the
    19  establishment of the dedicated highway and bridge trust fund, as amended
    20  by section 36 of part JJJ of chapter 59 of the laws of 2021, is  amended
    21  to read as follows:
    22    (b) Any service contract or contracts for projects authorized pursuant
    23  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    24  14-k of the transportation law, and entered into pursuant to subdivision
    25  (a) of this section, shall provide  for  state  commitments  to  provide
    26  annually  to  the  thruway  authority a sum or sums, upon such terms and
    27  conditions as shall be deemed appropriate by the director of the budget,
    28  to fund, or fund the debt service requirements of any bonds or any obli-
    29  gations of the thruway authority issued to  fund  or  to  reimburse  the
    30  state  for  funding such projects having a cost not in excess of [twelve
    31  billion two hundred sixty million  five  hundred  twenty-eight  thousand
    32  dollars  $12,260,528,000]      thirteen  billion one hundred fifty-three
    33  million  eight  hundred  eighty-one  thousand  dollars   $13,153,881,000
    34  cumulatively  by the end of fiscal year [2021-22] 2022-23.  For purposes
    35  of this subdivision, such projects shall be deemed  to  include  capital
    36  grants  to  cities, towns and villages for the reimbursement of eligible
    37  capital costs of local highway and bridge projects within  such  munici-
    38  pality, where allocations to cities, towns and villages are based on the
    39  total  number  of New York or United States or interstate signed touring
    40  route miles for which such municipality has capital maintenance  respon-
    41  sibility,  and  where  such  eligible capital costs include the costs of
    42  construction and repair of highways,  bridges,  highway-railroad  cross-
    43  ings,  and  other  transportation facilities for projects with a service
    44  life of ten years or more.
    45    § 42. Subdivision 1 of section 1689-i of the public  authorities  law,
    46  as  amended by section 37 of part JJJ of chapter 59 of the laws of 2021,
    47  is amended to read as follows:
    48    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    49  request  of  the  commissioner of education, to finance eligible library
    50  construction projects pursuant to section two hundred seventy-three-a of
    51  the education law, in amounts certified  by  such  commissioner  not  to
    52  exceed  a  total  principal  amount  of [two hundred ninety-nine million
    53  dollars  $299,000,000]  three  hundred  thirty-three   million   dollars
    54  $333,000,000.
    55    §  43.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
    56  constituting the New York state urban development  corporation  act,  as

        A. 9005--B                         34

     1  amended  by section 38 of part JJJ of chapter 59 of the laws of 2021, is
     2  amended to read as follows:
     3    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
     4  provisions of any other law to the contrary, the dormitory authority and
     5  the corporation are hereby authorized to issue bonds or notes in one  or
     6  more  series  for  the purpose of funding project costs for the regional
     7  economic development council  initiative,  the  economic  transformation
     8  program,  state university of New York college for nanoscale and science
     9  engineering, projects within the city of Buffalo  or  surrounding  envi-
    10  rons,  the  New  York  works economic development fund, projects for the
    11  retention of professional football in western New York, the empire state
    12  economic development fund, the  clarkson-trudeau  partnership,  the  New
    13  York  genome  center, the cornell university college of veterinary medi-
    14  cine, the olympic  regional  development  authority,  projects  at  nano
    15  Utica,  onondaga  county  revitalization projects, Binghamton university
    16  school of pharmacy, New York power electronics manufacturing consortium,
    17  regional infrastructure projects,  high  tech  innovation  and  economic
    18  development   infrastructure   program,  high  technology  manufacturing
    19  projects in Chautauqua and Erie county, an industrial scale research and
    20  development facility in Clinton county,  upstate  revitalization  initi-
    21  ative  projects,  downstate  revitalization  initiative, market New York
    22  projects, fairground buildings, equipment or facilities  used  to  house
    23  and  promote  agriculture,  the  state fair, the empire state trail, the
    24  moynihan station development project, the  Kingsbridge  armory  project,
    25  strategic  economic  development projects, the cultural, arts and public
    26  spaces fund, water infrastructure in the city  of  Auburn  and  town  of
    27  Owasco,  a  life  sciences laboratory public health initiative, not-for-
    28  profit pounds, shelters and humane societies, arts and cultural  facili-
    29  ties  improvement  program,  restore  New York's communities initiative,
    30  heavy  equipment,  economic  development  and  infrastructure  projects,
    31  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    32  regional projects, Pennsylvania station and other transit  projects  and
    33  other state costs associated with such projects. The aggregate principal
    34  amount  of  bonds authorized to be issued pursuant to this section shall
    35  not exceed [eleven billion two hundred seventy-nine million two  hundred
    36  two  thousand  dollars  $11,279,202,000]  thirteen  billion nine hundred
    37  sixty million nine hundred two thousand dollars $13,960,902,000, exclud-
    38  ing bonds issued to fund one or more debt service reserve funds, to  pay
    39  costs  of issuance of such bonds, and bonds or notes issued to refund or
    40  otherwise repay such bonds or notes previously issued.  Such  bonds  and
    41  notes of the dormitory authority and the corporation shall not be a debt
    42  of  the state, and the state shall not be liable thereon, nor shall they
    43  be payable out of any funds other than those appropriated by  the  state
    44  to  the dormitory authority and the corporation for principal, interest,
    45  and related expenses pursuant to a service contract and such  bonds  and
    46  notes  shall  contain  on  the  face thereof a statement to such effect.
    47  Except for purposes of complying with the  internal  revenue  code,  any
    48  interest  income  earned on bond proceeds shall only be used to pay debt
    49  service on such bonds.
    50    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    51  order to assist the dormitory authority and the corporation in undertak-
    52  ing  the  financing for project costs for the regional economic develop-
    53  ment council initiative,  the  economic  transformation  program,  state
    54  university  of  New  York college for nanoscale and science engineering,
    55  projects within the city of Buffalo or  surrounding  environs,  the  New
    56  York  works  economic  development  fund,  projects for the retention of

        A. 9005--B                         35

     1  professional football in western New York,  the  empire  state  economic
     2  development  fund, the clarkson-trudeau partnership, the New York genome
     3  center, the cornell university college of veterinary medicine, the olym-
     4  pic  regional  development  authority,  projects at nano Utica, onondaga
     5  county revitalization projects, Binghamton university school of  pharma-
     6  cy,  New  York  power  electronics  manufacturing  consortium,  regional
     7  infrastructure projects, New York State Capital Assistance  Program  for
     8  Transportation,  infrastructure,  and  economic  development,  high tech
     9  innovation and economic development infrastructure program,  high  tech-
    10  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    11  trial scale research and development facility in Clinton county, upstate
    12  revitalization initiative projects, downstate revitalization initiative,
    13  market New York projects, fairground buildings, equipment or  facilities
    14  used  to house and promote agriculture, the state fair, the empire state
    15  trail, the moynihan station development project, the Kingsbridge  armory
    16  project, strategic economic development projects, the cultural, arts and
    17  public  spaces fund, water infrastructure in the city of Auburn and town
    18  of Owasco, a life sciences laboratory public health initiative, not-for-
    19  profit pounds, shelters and humane societies, arts and cultural  facili-
    20  ties  improvement  program,  restore  New York's communities initiative,
    21  heavy  equipment,  economic  development  and  infrastructure  projects,
    22  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    23  regional projects, Pennsylvania station and other transit  projects  and
    24  other  state  costs  associated  with  such projects the director of the
    25  budget is hereby authorized to enter into one or more service  contracts
    26  with  the  dormitory  authority and the corporation, none of which shall
    27  exceed thirty years in duration, upon such terms and conditions  as  the
    28  director  of  the budget and the dormitory authority and the corporation
    29  agree, so as to annually provide to  the  dormitory  authority  and  the
    30  corporation, in the aggregate, a sum not to exceed the principal, inter-
    31  est, and related expenses required for such bonds and notes. Any service
    32  contract  entered  into  pursuant to this section shall provide that the
    33  obligation of the state to pay the amount  therein  provided  shall  not
    34  constitute  a debt of the state within the meaning of any constitutional
    35  or statutory provision and shall be deemed executory only to the  extent
    36  of monies available and that no liability shall be incurred by the state
    37  beyond  the  monies available for such purpose, subject to annual appro-
    38  priation by the legislature. Any such contract or any payments  made  or
    39  to  be  made  thereunder  may  be  assigned and pledged by the dormitory
    40  authority and the corporation as security for its bonds  and  notes,  as
    41  authorized by this section.
    42    § 44. Subdivision 1 of section 386-b of the public authorities law, as
    43  amended  by section 39 of part JJJ of chapter 59 of the laws of 2021, is
    44  amended to read as follows:
    45    1. Notwithstanding any other provision of law  to  the  contrary,  the
    46  authority, the dormitory authority and the urban development corporation
    47  are  hereby authorized to issue bonds or notes in one or more series for
    48  the purpose of financing peace bridge  projects  and  capital  costs  of
    49  state and local highways, parkways, bridges, the New York state thruway,
    50  Indian reservation roads, and facilities, and transportation infrastruc-
    51  ture   projects   including  aviation  projects,  non-MTA  mass  transit
    52  projects, and rail service preservation projects, including work  appur-
    53  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    54  authorized to be issued pursuant to this section shall not exceed [eight
    55  billion eight hundred thirty-nine million nine hundred sixty-three thou-
    56  sand dollars $8,839,963,000] ten billion one hundred forty-seven million

        A. 9005--B                         36

     1  eight hundred sixty-three thousand  dollars  $10,147,863,000,  excluding
     2  bonds  issued  to  fund  one  or more debt service reserve funds, to pay
     3  costs of issuance of such bonds, and to refund or otherwise  repay  such
     4  bonds  or notes previously issued.  Such bonds and notes of the authori-
     5  ty, the dormitory authority and the urban development corporation  shall
     6  not  be  a debt of the state, and the state shall not be liable thereon,
     7  nor shall they be payable out of any funds other than those appropriated
     8  by the state to the authority, the dormitory  authority  and  the  urban
     9  development  corporation  for  principal, interest, and related expenses
    10  pursuant to a service contract and such bonds and notes shall contain on
    11  the face thereof a statement to such  effect.  Except  for  purposes  of
    12  complying  with the internal revenue code, any interest income earned on
    13  bond proceeds shall only be used to pay debt service on such bonds.
    14    § 45. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
    15  housing  finance law, as amended by section 40 of part JJJ of chapter 59
    16  of the laws of 2021, is amended to read as follows:
    17    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    18  thousand, in order to enhance and encourage  the  promotion  of  housing
    19  programs  and thereby achieve the stated purposes and objectives of such
    20  housing programs, the agency shall have the power and is hereby  author-
    21  ized  from  time  to  time to issue negotiable housing program bonds and
    22  notes in such principal amount as shall be necessary to  provide  suffi-
    23  cient  funds  for the repayment of amounts disbursed (and not previously
    24  reimbursed) pursuant to law or any prior year making  capital  appropri-
    25  ations  or  reappropriations  for  the  purposes of the housing program;
    26  provided, however, that the agency may issue such bonds and notes in  an
    27  aggregate  principal  amount  not  exceeding [seven billion five hundred
    28  forty-five million one hundred seven  thousand  dollars  $7,545,107,000]
    29  fourteen  billion seven hundred seventy-five million five hundred eleven
    30  thousand dollars $14,775,511,000,  plus  a  principal  amount  of  bonds
    31  issued to fund the debt service reserve fund in accordance with the debt
    32  service  reserve  fund requirement established by the agency and to fund
    33  any other reserves that the agency reasonably deems  necessary  for  the
    34  security  or  marketability of such bonds and to provide for the payment
    35  of  fees  and  other  charges  and  expenses,  including   underwriters'
    36  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
    37  enhancement and liquidity enhancement related to the  issuance  of  such
    38  bonds  and  notes.  No  reserve  fund securing the housing program bonds
    39  shall be entitled or eligible to  receive  state  funds  apportioned  or
    40  appropriated to maintain or restore such reserve fund at or to a partic-
    41  ular level, except to the extent of any deficiency resulting directly or
    42  indirectly  from a failure of the state to appropriate or pay the agreed
    43  amount under any of the contracts provided for in  subdivision  four  of
    44  this section.
    45    §  46.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
    46  laws of 1968, constituting the New York state urban  development  corpo-
    47  ration  act,  as  amended by section 41 of part JJJ of chapter 59 of the
    48  laws of 2021, is amended to read as follows:
    49    1. Notwithstanding the provisions of any other law  to  the  contrary,
    50  the dormitory authority and the urban development corporation are hereby
    51  authorized to issue bonds or notes in one or more series for the purpose
    52  of  funding project costs undertaken by or on behalf of the state educa-
    53  tion department, special act school districts,  state-supported  schools
    54  for  the  blind  and  deaf,  approved private special education schools,
    55  non-public schools, community centers, day care facilities,  residential
    56  camps, day camps, Native American Indian Nation schools, and other state

        A. 9005--B                         37

     1  costs  associated  with  such  capital projects. The aggregate principal
     2  amount of bonds authorized to be issued pursuant to this  section  shall
     3  not  exceed  [two hundred thirty-six million dollars $236,000,000] three
     4  hundred one million seven hundred thousand dollars $301,700,000, exclud-
     5  ing  bonds issued to fund one or more debt service reserve funds, to pay
     6  costs of issuance of such bonds, and bonds or notes issued to refund  or
     7  otherwise  repay  such  bonds or notes previously issued. Such bonds and
     8  notes of the dormitory authority and the urban  development  corporation
     9  shall  not  be  a  debt  of the state, and the state shall not be liable
    10  thereon, nor shall they be payable out of any  funds  other  than  those
    11  appropriated  by  the  state  to  the  dormitory authority and the urban
    12  development corporation for principal, interest,  and  related  expenses
    13  pursuant to a service contract and such bonds and notes shall contain on
    14  the  face  thereof  a  statement  to such effect. Except for purposes of
    15  complying with the internal revenue code, any interest income earned  on
    16  bond proceeds shall only be used to pay debt service on such bonds.
    17    §  47.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
    18  laws of 1968, constituting the New York state urban  development  corpo-
    19  ration  act,  as  amended by section 42 of part JJJ of chapter 59 of the
    20  laws of 2021, is amended to read as follows:
    21    1. Notwithstanding the provisions of any other law  to  the  contrary,
    22  the  dormitory  authority  and  the corporation are hereby authorized to
    23  issue bonds or notes in one or more series for the  purpose  of  funding
    24  project costs for the office of information technology services, depart-
    25  ment  of  law,  and  other  state  costs  associated  with  such capital
    26  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    27  issued  pursuant to this section shall not exceed [nine hundred seventy-
    28  four million two hundred fifty-four thousand dollars  $974,254,000]  one
    29  billion  one  hundred  twenty-five  million  sixty-six  thousand dollars
    30  $1,125,066,000 excluding bonds issued to fund one or more  debt  service
    31  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    32  notes issued to refund or otherwise repay such bonds or notes previously
    33  issued. Such bonds and notes of the dormitory authority and  the  corpo-
    34  ration  shall  not  be  a  debt of the state, and the state shall not be
    35  liable thereon, nor shall they be payable out of any  funds  other  than
    36  those  appropriated  by  the  state  to  the dormitory authority and the
    37  corporation for principal, interest, and related expenses pursuant to  a
    38  service  contract  and  such  bonds  and notes shall contain on the face
    39  thereof a statement to such effect. Except  for  purposes  of  complying
    40  with  the  internal  revenue  code,  any  interest income earned on bond
    41  proceeds shall only be used to pay debt service on such bonds.
    42    § 48. Paragraph (b) of subdivision 1 of  section  385  of  the  public
    43  authorities  law,  as amended by section 43 of part JJJ of chapter 59 of
    44  the laws of 2021, is amended to read as follows:
    45    (b) The  authority  is  hereby  authorized,  as  additional  corporate
    46  purposes  thereof solely upon the request of the director of the budget:
    47  (i) to issue special emergency highway and bridge trust fund  bonds  and
    48  notes  for  a  term  not to exceed thirty years and to incur obligations
    49  secured by the moneys appropriated from the dedicated highway and bridge
    50  trust fund established in section eighty-nine-b  of  the  state  finance
    51  law; (ii) to make available the proceeds in accordance with instructions
    52  provided  by  the  director  of the budget from the sale of such special
    53  emergency highway and bridge trust fund  bonds,  notes  or  other  obli-
    54  gations,  net of all costs to the authority in connection therewith, for
    55  the purposes of financing all or a portion of the  costs  of  activities
    56  for  which  moneys in the dedicated highway and bridge trust fund estab-

        A. 9005--B                         38

     1  lished in section eighty-nine-b of the state finance law are  authorized
     2  to  be  utilized or for the financing of disbursements made by the state
     3  for the activities authorized pursuant to section eighty-nine-b  of  the
     4  state  finance  law; and (iii) to enter into agreements with the commis-
     5  sioner of transportation pursuant to section ten-e of  the  highway  law
     6  with  respect  to  financing  for  any activities authorized pursuant to
     7  section eighty-nine-b of the state finance law, or agreements  with  the
     8  commissioner  of  transportation pursuant to sections ten-f and ten-g of
     9  the highway law in connection with activities on state highways pursuant
    10  to these sections, and (iv) to enter into service contracts,  contracts,
    11  agreements,  deeds  and  leases  with  the director of the budget or the
    12  commissioner of  transportation  and  project  sponsors  and  others  to
    13  provide  for  the  financing  by  the authority of activities authorized
    14  pursuant to section eighty-nine-b of the state finance law, and each  of
    15  the  director  of  the budget and the commissioner of transportation are
    16  hereby authorized to enter into  service  contracts,  contracts,  agree-
    17  ments,  deeds  and leases with the authority, project sponsors or others
    18  to provide for such financing. The authority shall not issue  any  bonds
    19  or  notes  in an amount in excess of [eighteen billion one hundred fifty
    20  million dollars $18,150,000,000] nineteen billion nine  hundred  thirty-
    21  two million nine hundred twenty thousand dollars $19,932,920,000, plus a
    22  principal  amount  of bonds or notes: (A) to fund capital reserve funds;
    23  (B) to provide capitalized interest; and, (C) to  fund  other  costs  of
    24  issuance.  In computing for the purposes of this subdivision, the aggre-
    25  gate amount of indebtedness evidenced by bonds and notes of the authori-
    26  ty issued pursuant to this section, as amended by a chapter of the  laws
    27  of  nineteen  hundred  ninety-six, there shall be excluded the amount of
    28  bonds or notes issued that would constitute interest  under  the  United
    29  States  Internal  Revenue  Code  of  1986, as amended, and the amount of
    30  indebtedness issued to refund or otherwise repay bonds or notes.
    31    § 49. Subdivision 1 of section 386-a of the public authorities law, as
    32  amended by section 44 of part JJJ of chapter 59 of the laws of 2021,  is
    33  amended to read as follows:
    34    1.  Notwithstanding  any  other  provision of law to the contrary, the
    35  authority, the dormitory authority and the urban development corporation
    36  are hereby authorized to issue bonds or notes in one or more series  for
    37  the  purpose  of  assisting the metropolitan transportation authority in
    38  the financing of transportation facilities  as  defined  in  subdivision
    39  seventeen  of  section twelve hundred sixty-one of this chapter or other
    40  capital projects. The aggregate principal amount of bonds authorized  to
    41  be  issued pursuant to this section shall not exceed twelve billion five
    42  hundred  fifteen  million  eight  hundred  fifty-six  thousand   dollars
    43  $12,515,856,000, excluding bonds issued to fund one or more debt service
    44  reserve  funds, to pay costs of issuance of such bonds, and to refund or
    45  otherwise repay such bonds or notes previously issued.  Such  bonds  and
    46  notes  of  the authority, the dormitory authority and the urban develop-
    47  ment corporation shall not be a debt of the state, and the  state  shall
    48  not  be liable thereon, nor shall they be payable out of any funds other
    49  than those appropriated by the state to  the  authority,  the  dormitory
    50  authority and the urban development corporation for principal, interest,
    51  and  related  expenses pursuant to a service contract and such bonds and
    52  notes shall contain on the face thereof  a  statement  to  such  effect.
    53  Except  for  purposes  of  complying with the internal revenue code, any
    54  interest income earned on bond proceeds shall only be used to  pay  debt
    55  service on such bonds. Notwithstanding any other provision of law to the
    56  contrary,  including  the  limitations  contained in subdivision four of

        A. 9005--B                         39

     1  section sixty-seven-b of the state finance law, (A) any bonds and  notes
     2  issued  prior  to  April  first,  two thousand [twenty-two] twenty-three
     3  pursuant to this section may be issued with a maximum maturity of  fifty
     4  years,  and  (B)  any bonds issued to refund such bonds and notes may be
     5  issued with a maximum maturity of fifty years from the  respective  date
     6  of original issuance of such bonds and notes.
     7    §  50.  Subdivision 1 of section 1680-r of the public authorities law,
     8  as amended by section 47 of part JJJ of chapter 59 of the laws of  2021,
     9  is amended to read as follows:
    10    1.  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 the capital restructuring financing program
    14  for health care and related facilities licensed pursuant to  the  public
    15  health  law  or  the mental hygiene law and other state costs associated
    16  with such capital projects,  the  health  care  facility  transformation
    17  programs,  the  essential health care provider program, and other health
    18  care capital project costs. The  aggregate  principal  amount  of  bonds
    19  authorized to be issued pursuant to this section shall not exceed [three
    20  billion  fifty-three  million  dollars  $3,053,000,000] four billion six
    21  hundred fifty-three  million  dollars  $4,653,000,000,  excluding  bonds
    22  issued  to  fund one or more debt service reserve funds, to pay costs of
    23  issuance of such bonds, and bonds or notes issued to refund or otherwise
    24  repay such bonds or notes previously issued. Such bonds and notes of the
    25  dormitory authority and the urban development corporation shall not be a
    26  debt of the state, and the state shall not be liable thereon, nor  shall
    27  they  be  payable  out of any funds other than those appropriated by the
    28  state to the dormitory authority and the urban  development  corporation
    29  for  principal,  interest,  and  related  expenses pursuant to a service
    30  contract and such bonds and notes shall contain on the  face  thereof  a
    31  statement  to  such  effect.  Except  for purposes of complying with the
    32  internal revenue code, any interest income earned on bond proceeds shall
    33  only be used to pay debt service on such bonds.
    34    § 51. Subdivision 1 of section 1680-k of the public  authorities  law,
    35  as  amended by section 62 of part BBB of chapter 59 of the laws of 2018,
    36  is amended to read as follows:
    37    1. Subject to the provisions of chapter fifty-nine of the laws of  two
    38  thousand, but notwithstanding any provisions of law to the contrary, the
    39  dormitory  authority is hereby authorized to issue bonds or notes in one
    40  or more series in an aggregate principal  amount  not  to  exceed  forty
    41  million  [seven  hundred  fifteen thousand dollars] eight hundred thirty
    42  thousand dollars ($40,830,000) excluding bonds issued to finance one  or
    43  more debt service reserve funds, to pay costs of issuance of such bonds,
    44  and  bonds  or  notes  issued to refund or otherwise repay such bonds or
    45  notes previously issued, for the purpose of financing  the  construction
    46  of  the New York state agriculture and markets food laboratory. Eligible
    47  project costs may include, but not be limited to  the  cost  of  design,
    48  financing,  site investigations, site acquisition and preparation, demo-
    49  lition,  construction,  rehabilitation,  acquisition  of  machinery  and
    50  equipment, and infrastructure improvements. Such bonds and notes of such
    51  authorized issuers shall not be a debt of the state, and the state shall
    52  not  be liable thereon, nor shall they be payable out of any funds other
    53  than those appropriated by the state to such authorized issuers for debt
    54  service and related expenses pursuant to any service  contract  executed
    55  pursuant  to  subdivision  two  of this section and such bonds and notes
    56  shall contain on the face thereof a statement to such effect. Except for

        A. 9005--B                         40

     1  purposes of complying with  the  internal  revenue  code,  any  interest
     2  income earned on bond proceeds shall only be used to pay debt service on
     3  such bonds.
     4    §  52.  Paragraph  (b) of subdivision 3 and clause (B) of subparagraph
     5  (iii) of paragraph (j) of subdivision 4 of section 1 of part D of  chap-
     6  ter  63 of the laws of 2005 relating to the composition and responsibil-
     7  ities of the New York state  higher  education  capital  matching  grant
     8  board,  as  amended  by section 7 of part K of chapter 39 of the laws of
     9  2019, are amended to read as follows:
    10    (b) Within amounts appropriated therefor, the board is hereby  author-
    11  ized  and  directed  to  award  matching  capital grants totaling [three
    12  hundred million  dollars,  $300,000,000]  three  hundred  sixty  million
    13  dollars  $360,000,000.  Each college shall be eligible for a grant award
    14  amount as determined by the calculations pursuant to subdivision five of
    15  this section. In addition, such colleges shall be  eligible  to  compete
    16  for  additional  funds  pursuant to paragraph (h) of subdivision four of
    17  this section.
    18    (B) The dormitory authority shall not issue any bonds or notes  in  an
    19  amount in excess of [three hundred million dollars, $300,000,000]  three
    20  hundred  sixty  million  dollars  $360,000,000  for the purposes of this
    21  section; excluding bonds or notes  issued  to  fund  one  or  more  debt
    22  service reserve funds, to pay costs of issuance of such bonds, and bonds
    23  or  notes issued to refund or otherwise repay such bonds or notes previ-
    24  ously issued. Except for purposes of complying with the internal revenue
    25  code, any interest on bond proceeds shall  only  be  used  to  pay  debt
    26  service on such bonds.
    27    §  53.  Subdivision 1 of section 51 of section 1 of chapter 174 of the
    28  laws of 1968, constituting the New York state urban  development  corpo-
    29  ration  act, as amended by section 42-c of part XXX of chapter 59 of the
    30  laws of 2017, is amended to read as follows:
    31    1. Notwithstanding the provisions of any other law  to  the  contrary,
    32  the dormitory authority and the urban development corporation are hereby
    33  authorized to issue bonds or notes in one or more series for the purpose
    34  of  funding  project  costs  for  the  nonprofit  infrastructure capital
    35  investment program and other state costs associated  with  such  capital
    36  projects.  The  aggregate  principal  amount  of  bonds authorized to be
    37  issued pursuant to this section shall not  exceed  [one  hundred  twenty
    38  million  dollars]  one  hundred  seventy  million  dollars $170,000,000,
    39  excluding bonds issued to fund one or more debt service  reserve  funds,
    40  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
    41  refund or otherwise repay such bonds or notes  previously  issued.  Such
    42  bonds  and  notes  of  the dormitory authority and the urban development
    43  corporation shall not be a debt of the state, and the state shall not be
    44  liable thereon, nor shall they be payable out of any  funds  other  than
    45  those appropriated by the state to the dormitory authority and the urban
    46  development  corporation  for  principal, interest, and related expenses
    47  pursuant to a service contract and such bonds and notes shall contain on
    48  the face thereof a statement to such  effect.  Except  for  purposes  of
    49  complying  with the internal revenue code, any interest income earned on
    50  bond proceeds shall only be used to pay debt service on such bonds.
    51    § 54. Intentionally omitted.
    52    § 54-a. Notwithstanding the provisions of any other law to the contra-
    53  ry, the dormitory authority and the urban  development  corporation  are
    54  hereby  authorized to issue bonds or notes in one or more series for the
    55  purpose of funding project costs for the child care facilities  develop-
    56  ment  program  and  other  state  costs  associated  with  such  capital

        A. 9005--B                         41

     1  projects. The aggregate principal  amount  of  bonds  authorized  to  be
     2  issued  pursuant  to  this  section shall not exceed two hundred million
     3  dollars $200,000,000, excluding bonds issued to fund one  or  more  debt
     4  service reserve funds, to pay costs of issuance of such bonds, and bonds
     5  or  notes issued to refund or otherwise repay such bonds or notes previ-
     6  ously issued. Such bonds and notes of the dormitory  authority  and  the
     7  urban  development corporation shall not be a debt of the state, and the
     8  state shall not be liable thereon, nor shall they be payable out of  any
     9  funds  other  than  those  appropriated  by  the  state to the dormitory
    10  authority and the urban development corporation for principal, interest,
    11  and related expenses pursuant to a service contract and such  bonds  and
    12  notes  shall  contain  on  the  face thereof a statement to such effect.
    13  Except for purposes of complying with the  internal  revenue  code,  any
    14  interest  income  earned on bond proceeds shall only be used to pay debt
    15  service on such bonds.
    16    § 54-b. Notwithstanding the provisions of any other law to the contra-
    17  ry, the dormitory authority and the urban  development  corporation  are
    18  hereby  authorized to issue bonds or notes in one or more series for the
    19  purpose of funding project costs for equipment and facilities related to
    20  veteran's programs and other state costs associated  with  such  capital
    21  projects.  The  aggregate  principal  amount  of  bonds authorized to be
    22  issued pursuant to this section shall not  exceed  ten  million  dollars
    23  $10,000,000,  excluding  bonds  issued  to fund one or more debt service
    24  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    25  notes issued to refund or otherwise repay such bonds or notes previously
    26  issued.  Such  bonds  and notes of the dormitory authority and the urban
    27  development corporation shall not be a debt of the state, and the  state
    28  shall  not be liable thereon, nor shall they be payable out of any funds
    29  other than those appropriated by the state to  the  dormitory  authority
    30  and  the  urban  development  corporation  for  principal, interest, and
    31  related expenses pursuant to a service contract and such bonds and notes
    32  shall contain on the face thereof a statement to such effect. Except for
    33  purposes of complying with  the  internal  revenue  code,  any  interest
    34  income earned on bond proceeds shall only be used to pay debt service on
    35  such bonds.
    36    § 55. Intentionally omitted.
    37    § 55-a. Notwithstanding the provisions of any other law to the contra-
    38  ry,  the  dormitory  authority and the urban development corporation are
    39  hereby authorized to issue bonds or notes in one or more series for  the
    40  purpose  of  funding  project  costs  for  equipment  related  to county
    41  probation, parole and reentry programs and other state costs  associated
    42  with  such  capital  projects.  The  aggregate principal amount of bonds
    43  authorized to be issued pursuant to this section shall not exceed  fifty
    44  million  dollars $50,000,000, excluding bonds issued to fund one or more
    45  debt service reserve funds, to pay costs of issuance of such bonds,  and
    46  bonds  or  notes issued to refund or otherwise repay such bonds or notes
    47  previously issued. Such bonds and notes of the dormitory  authority  and
    48  the  urban development corporation shall not be a debt of the state, and
    49  the state shall not be liable thereon, nor shall they be payable out  of
    50  any  funds  other  than those appropriated by the state to the dormitory
    51  authority and the urban development corporation for principal, interest,
    52  and related expenses pursuant to a service contract and such  bonds  and
    53  notes  shall  contain  on  the  face thereof a statement to such effect.
    54  Except for purposes of complying with the  internal  revenue  code,  any
    55  interest  income  earned on bond proceeds shall only be used to pay debt
    56  service on such bonds.

        A. 9005--B                         42

     1    § 55-b. Notwithstanding the provisions of any other law to the contra-
     2  ry, the dormitory authority and the urban  development  corporation  are
     3  hereby  authorized to issue bonds or notes in one or more series for the
     4  purpose of funding project costs  for  equipment  for  municipal  police
     5  departments and other state costs associated with such capital projects.
     6  The aggregate principal amount of bonds authorized to be issued pursuant
     7  to  this  section  shall  not  exceed  ten  million dollars $10,000,000,
     8  excluding bonds issued to fund one or more debt service  reserve  funds,
     9  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
    10  refund or otherwise repay such bonds or notes  previously  issued.  Such
    11  bonds  and  notes  of  the dormitory authority and the urban development
    12  corporation shall not be a debt of the state, and the state shall not be
    13  liable thereon, nor shall they be payable out of any  funds  other  than
    14  those appropriated by the state to the dormitory authority and the urban
    15  development  corporation  for  principal, interest, and related expenses
    16  pursuant to a service contract and such bonds and notes shall contain on
    17  the face thereof a statement to such  effect.  Except  for  purposes  of
    18  complying  with the internal revenue code, any interest income earned on
    19  bond proceeds shall only be used to pay debt service on such bonds.
    20    § 55-c. Notwithstanding the provisions of any other law to the contra-
    21  ry, the dormitory authority and the urban  development  corporation  are
    22  hereby  authorized to issue bonds or notes in one or more series for the
    23  purpose of funding project costs for local fairs and other  state  costs
    24  associated with such capital projects. The aggregate principal amount of
    25  bonds  authorized to be issued pursuant to this section shall not exceed
    26  five million dollars $5,000,000, excluding bonds issued to fund  one  or
    27  more debt service reserve funds, to pay costs of issuance of such bonds,
    28  and  bonds  or  notes  issued to refund or otherwise repay such bonds or
    29  notes previously issued. Such bonds and notes of the dormitory authority
    30  and the urban development corporation shall not be a debt of the  state,
    31  and the state shall not be liable thereon, nor shall they be payable out
    32  of any funds other than those appropriated by the state to the dormitory
    33  authority and the urban development corporation for principal, interest,
    34  and  related  expenses pursuant to a service contract and such bonds and
    35  notes shall contain on the face thereof  a  statement  to  such  effect.
    36  Except  for  purposes  of  complying with the internal revenue code, any
    37  interest income earned on bond proceeds shall only be used to  pay  debt
    38  service on such bonds.
    39    § 55-d. Notwithstanding the provisions of any other law to the contra-
    40  ry,  the  dormitory  authority and the urban development corporation are
    41  hereby authorized to issue bonds or notes in one or more series for  the
    42  purpose  of  funding  project  costs  for  agriculture  Cornell farmland
    43  research programs and other state costs  associated  with  such  capital
    44  projects.  The  aggregate  principal  amount  of  bonds authorized to be
    45  issued pursuant to this section shall not exceed  five  million  dollars
    46  $5,000,000,  excluding  bonds  issued  to  fund one or more debt service
    47  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    48  notes issued to refund or otherwise repay such bonds or notes previously
    49  issued.  Such  bonds  and notes of the dormitory authority and the urban
    50  development corporation shall not be a debt of the state, and the  state
    51  shall  not be liable thereon, nor shall they be payable out of any funds
    52  other than those appropriated by the state to  the  dormitory  authority
    53  and  the  urban  development  corporation  for  principal, interest, and
    54  related expenses pursuant to a service contract and such bonds and notes
    55  shall contain on the face thereof a statement to such effect. Except for
    56  purposes of complying with  the  internal  revenue  code,  any  interest

        A. 9005--B                         43

     1  income earned on bond proceeds shall only be used to pay debt service on
     2  such bonds.
     3    §  56.  Section 1 of chapter 174 of the laws of 1968, constituting the
     4  New York state urban development corporation act, is amended by adding a
     5  new section 58 to read as follows:
     6    § 58. Gateway project. 1. Findings and declaration of need. The  state
     7  of  New York finds and determines that providing funding for the passen-
     8  ger rail transportation project commonly known as the  gateway  project,
     9  is  needed  to preserve and improve the functionality and strengthen the
    10  resiliency of long-distance and commuter rail infrastructure between the
    11  state of New York and the state of New Jersey.
    12    2. Definitions. When used in this section:
    13    "Commission" shall mean the gateway development commission, a bi-state
    14  commission and a body corporate and politic established by the state  of
    15  New  Jersey and the state of New York, acting in the public interest and
    16  exercising essential governmental functions in accordance with the Gate-
    17  way development commission act, and any successor thereto.
    18    "Federal transportation loan" shall mean one or more loans made to the
    19  commission to finance the Hudson tunnel project under or pursuant to any
    20  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    "Gateway  development  commission  act"  shall mean chapter 108 of the
    25  laws of New York, 2019, as amended.
    26    "Gateway project" shall mean the passenger rail  and  related  infras-
    27  tructure  projects  undertaken  by  the commission, including the hudson
    28  tunnel project.
    29    "Hudson  tunnel  project"  shall  mean  the  project   consisting   of
    30  construction  of  a  tunnel  connecting  the  states of New York and New
    31  Jersey and the completion  of  certain  ancillary  facilities  including
    32  construction  of  concrete casing at Hudson Yards in Manhattan, New York
    33  and the rehabilitation of the existing North River Tunnels.
    34    "State capital commitment" shall mean an  aggregate  principal  amount
    35  not  to  exceed $2,350,000,000, plus any interest costs, including capi-
    36  talized interest, and related expenses and fees payable by the state  of
    37  New  York to the commission under one or more service contracts or other
    38  agreements pursuant to this section, as well  as  any  expenses  of  the
    39  state incurred in connection therewith.
    40    "Related  expenses  and  fees"  shall  mean  commitment fees and other
    41  ancillary costs, expenses and fees incurred, and to become due and paya-
    42  ble, by the commission in connection  with  the  Federal  transportation
    43  loan.
    44    3.  Notwithstanding  any  other  provision  of law to the contrary, in
    45  order to provide for the payment for the state capital  commitment,  the
    46  director  of  the  budget is hereby authorized to enter into one or more
    47  service contracts or other agreements with the commission, none of which
    48  shall exceed the maximum duration of the  Federal  transportation  loan,
    49  upon such terms and conditions as the director of the budget and commis-
    50  sion  agree,  so  as to provide to the commission, for each state fiscal
    51  year, a sum not to exceed the amount required for  the  payment  of  the
    52  state capital commitment for such fiscal year. Any such service contract
    53  or other agreement shall provide that the obligation of the state to pay
    54  the  amount  therein  provided  shall not constitute a debt of the state
    55  within the meaning of any  constitutional  or  statutory  provision  and
    56  shall  be  deemed executory only to the extent of monies available, that

        A. 9005--B                         44

     1  no liability shall be incurred by the state beyond the monies  available
     2  for  such  purpose, and that such obligation is subject to annual appro-
     3  priation by the legislature. Any such service contract or  other  agree-
     4  ment  and any payments made or to be made thereunder may be assigned and
     5  pledged by the commission as security for the repayment by  the  commis-
     6  sion of the Federal transportation loan.
     7    4.  The  director  of the budget is also authorized to enter into such
     8  other agreements and to take  or  cause  to  be  taken  such  additional
     9  actions  as are necessary or desirable to effectuate the purposes of the
    10  transactions contemplated by the state capital commitment  provided  for
    11  herein  and the service contract or other agreement authorized by subdi-
    12  vision 3 of this section.
    13    § 57. Subdivisions 4 and 5 of section 16 of part T of  chapter  57  of
    14  the  laws  of  2007,    relating  to providing for the administration of
    15  certain  funds  and  accounts  related  to  the  2007-2008  budget,  are
    16  REPEALED.
    17    §  58.  This  act shall take effect immediately and shall be deemed to
    18  have been in full force and effect on and after April 1, 2022; provided,
    19  however, that the provisions of sections one, one-a, two,  three,  four,
    20  five,  six,  seven,  eight, thirteen, fourteen, fifteen, sixteen, seven-
    21  teen, eighteen, nineteen, twenty, twenty-two, and twenty-three  of  this
    22  act  shall  expire  March 31, 2023 when upon such date the provisions of
    23  such sections shall be deemed  repealed;  provided,  further,  that  the
    24  amendments  to  section  89-h  of  the state finance law made by section
    25  twenty-eight of this act shall not affect the repeal of such section and
    26  shall be deemed repealed therewith.

    27                                   PART Z

    28                            Intentionally Omitted

    29                                   PART AA

    30                            Intentionally Omitted

    31                                   PART BB

    32                            Intentionally Omitted

    33                                   PART CC

    34    Section 1.  Section 163 of the state finance law is amended by  adding
    35  a new subdivision 16 to read as follows:
    36    16.  Consultant  services.  a.  Before  a  state  agency enters into a
    37  contract for consultant services which is anticipated to cost more  than
    38  one  million  dollars  in  a  twelve month period the state agency shall
    39  conduct a cost comparison review to determine whether the services to be
    40  provided by the consultant can be performed at equal or  lower  cost  by
    41  utilizing  state  employees,  unless  the  contract  meets  one  of  the
    42  exceptions set forth in paragraph g of this subdivision. As used in this
    43  section, the term "consultant services" shall mean any contract  entered
    44  into  by  a  state  agency for analysis, evaluation, research, training,
    45  data processing,  computer  programming,  the  design,  development  and

        A. 9005--B                         45

     1  implementation   of  technology,  communications  or  telecommunications
     2  systems or the infrastructure pertaining thereto, including hardware and
     3  software,  engineering  including  inspection  and  professional  design
     4  services, health services, mental health services, accounting, auditing,
     5  or  similar services and such services that are substantially similar to
     6  and in lieu of services provided, in whole or in part, by state  employ-
     7  ees, but shall not include legal services or services in connection with
     8  litigation  including  expert  witnesses and shall not include contracts
     9  for construction of public works. For purposes of this subdivision,  the
    10  costs  of  performing  the services by state employees shall include any
    11  salary, pension costs, all other benefit costs, costs that are  required
    12  for  equipment, facilities and all other overhead. The costs of consult-
    13  ant services shall include the total  cost  of  the  contract  including
    14  costs that are required for equipment, facilities and all other overhead
    15  and  any  continuing  state  costs directly associated with a contractor
    16  providing a contracted function including, but  not  limited  to,  those
    17  costs  for  inspection, supervision, monitoring of the contractor's work
    18  and any pro rata share of existing costs or expenses, including adminis-
    19  trative salaries and benefits,  rent,  equipment  costs,  utilities  and
    20  materials.  The  cost comparison shall be expressed where feasible as an
    21  hourly rate, or where such a calculation is not  feasible,  as  a  total
    22  estimated cost for the anticipated term of the contract.
    23    b. Prior to entering any consultation services contract for the priva-
    24  tization  of a state service that is not currently privatized, the state
    25  agency shall develop a cost comparison review  in  accordance  with  the
    26  provisions of paragraph a of this subdivision.
    27    c. (i) If such cost comparison review identifies a cost savings to the
    28  state of ten percent or more, and such consultant services contract will
    29  not diminish the quality of such service, the state agency shall develop
    30  a  business  plan,  in  accordance with the provisions of paragraph d of
    31  this subdivision, in order to evaluate the feasibility of  entering  any
    32  such  contract  and to identify the potential results, effectiveness and
    33  efficiency of such contract.
    34    (ii) If such cost comparison review identifies a cost savings of  less
    35  than ten percent to the state and such consultant services contract will
    36  not diminish the quality of such service, the state agency may develop a
    37  business plan, in order to evaluate the feasibility of entering any such
    38  contract  and to identify the potential results, effectiveness and effi-
    39  ciency of such contract, provided there is a significant  public  policy
    40  reason to enter into such consultant services contract.
    41    (iii)  If  any such proposed consultant services contract would result
    42  in the layoff, transfer or reassignment of fifty or  more  state  agency
    43  employees,  after  consulting  with  the potentially affected bargaining
    44  units, if any, the state agency shall notify the state employees of such
    45  bargaining unit, after such cost comparison review  is  completed.  Such
    46  state  agency  shall provide an opportunity for said employees to reduce
    47  the costs of conducting the operations  to  be  privatized  and  provide
    48  reasonable  resources  for the purpose of encouraging and assisting such
    49  state employees to organize and submit a bid  to  provide  the  services
    50  that are the subject of the potential consultant services contact.
    51    d.  Any  business  plan developed by a state agency for the purpose of
    52  complying with paragraph c of this subdivision shall  include:  (i)  the
    53  cost  comparison review as described in paragraph b of this subdivision,
    54  (ii) a detailed description of the  service  or  activity  that  is  the
    55  subject  of  such business plan, (iii) a description and analysis of the
    56  state agency's current performance of such service or activity, (iv) the

        A. 9005--B                         46

     1  goals to be achieved through the proposed consultant  services  contract
     2  and the rationale for such goals, (v) a description of available options
     3  for  achieving such goals, (vi) an analysis of the advantages and disad-
     4  vantages  of each option, including, at a minimum, potential performance
     5  improvements and risks attendant  to  termination  of  the  contract  or
     6  rescission  of  such contract, (vii) a description of the current market
     7  for the services or activities that are the  subject  of  such  business
     8  plan,  (viii) an analysis of the quality of services as gauged by stand-
     9  ardized measures and  key  performance  requirements  including  compen-
    10  sation, turnover, and staffing ratios, (ix) a description of the specif-
    11  ic  results based performance standards that shall, at a minimum be met,
    12  to ensure adequate performance by any party performing such  service  or
    13  activity, (x) the projected time frame for key events from the beginning
    14  of  the  procurement  process  through  the expiration of a contract, if
    15  applicable, (xi) a specific and feasible contingency plan that addresses
    16  contractor nonperformance and a description of the tasks involved in and
    17  costs required for implementation of such plan, and (xii)  a  transition
    18  plan,  if  appropriate,  for  addressing changes in the number of agency
    19  personnel, affected business processes, employee transition issues,  and
    20  communications  with  affected  stakeholders, such as agency clients and
    21  members of the public, if applicable. Such transition plan shall contain
    22  a reemployment and retraining assistance plan for employees who are  not
    23  retained by the state or employed by the contractor. If any part of such
    24  business plan is based upon evidence that the state agency is not suffi-
    25  ciently  staffed  to  provide  the  services  required by the consultant
    26  services contract, the state agency shall also include within such busi-
    27  ness plan a recommendation for remediation of the understaffing to allow
    28  such services to be provided directly by the state agency in the future.
    29    e. Upon the completion of such business plan, the state  agency  shall
    30  submit the business plan to the state comptroller.
    31    f.  (i)  Not later than sixty days after receipt of any business plan,
    32  the state comptroller shall transmit  a  report  detailing  its  review,
    33  evaluation  and  disposition  regarding  such business plan to the state
    34  agency that submitted such cost comparison review. Such sixty-day period
    35  may be extended for an additional thirty days upon  a  showing  of  good
    36  cause.
    37    (ii)  The  state  comptroller's report shall include the business plan
    38  prepared by the state agency, the reasons for approval  or  disapproval,
    39  any  recommendations  or other information to assist the state agency in
    40  determining if additional steps are necessary to  move  forward  with  a
    41  consultant services contract.
    42    (iii) If the state comptroller does not act on a business plan submit-
    43  ted  by  a  state  agency within ninety days of receipt of such business
    44  plan, such business plan shall be deemed approved.
    45    g. A cost comparison shall not be required if the  contracting  agency
    46  demonstrates:
    47    (i)  the  services  are incidental to the purchase of real or personal
    48  property; or
    49    (ii) the contract is necessary in order to avoid a conflict of  inter-
    50  est on the part of the agency or its employees; or
    51    (iii)  the services are of such a highly specialized nature that it is
    52  not feasible to utilize state  employees  to  perform  them  or  require
    53  special  equipment  that  is  not  feasible for the state to purchase or
    54  lease; or
    55    (iv) the services are of such an urgent nature that it is not feasible
    56  to utilize state employees; or

        A. 9005--B                         47

     1    (v) the services are anticipated to be short term and are  not  likely
     2  to be extended or repeated after the contract is completed; or
     3    (vi)  a quantifiable improvement in services that cannot be reasonably
     4  duplicated.
     5    h. Nothing in this section shall be deemed to authorize a state agency
     6  to enter into a contract which is otherwise prohibited by law.
     7    i. All documents related to the  cost  comparison  and  business  plan
     8  required  by  this  subdivision  and the determinations made pursuant to
     9  paragraph g of this subdivision  shall  be  public  records  subject  to
    10  disclosure pursuant to article six of the public officers law.
    11    §  2.  On  or  before  December  31,  2023 the state comptroller shall
    12  prepare a report, to be delivered to the governor, the temporary  presi-
    13  dent  of  the  senate and the speaker of the assembly. Such report shall
    14  include, but need not be limited to, an analysis of the effectiveness of
    15  the cost comparison review program and an analysis of the  cost  savings
    16  associated with performing such cost comparison.
    17    §  3.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law and shall apply to all contracts solicited or  entered
    19  into  by  state agencies after the effective date of this act; provided,
    20  however, the amendments to section 163 of the state finance law made  by
    21  section  one of this act shall not affect the repeal of such section and
    22  shall be deemed repealed therewith.

    23                                   PART DD

    24    Section 1.  The public service law is amended by adding a new  article
    25  1-A to read as follows:
    26                                 ARTICLE 1-A
    27              THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
    28  Section 28-a. Definitions.
    29          28-b. Establishment  of the state office of the utility consumer
    30                  advocate.
    31          28-c. Powers of the state office of the utility  consumer  advo-
    32                  cate.
    33          28-d. Reports.
    34    §  28-a.  Definitions.  When  used in this article:   (a) "Department"
    35  means the department of public service.
    36    (b) "Commission" means the public service commission.
    37    (c) "Residential utility customer" means any person  who  is  sold  or
    38  offered for sale residential utility service by a utility company.
    39    (d)  "Utility  company" means any person or entity operating an agency
    40  for public service, including, but not  limited  to,  those  persons  or
    41  entities  subject  to  the  jurisdiction,  supervision  and  regulations
    42  prescribed by or pursuant to the provisions of this chapter.
    43    § 28-b. Establishment of the state  office  of  the  utility  consumer
    44  advocate.  There is established the state office of the utility consumer
    45  advocate to represent the interests of  residential  utility  customers.
    46  The  utility  consumer  advocate shall be appointed by the governor to a
    47  term of six years, upon the advice and consent of the senate. The utili-
    48  ty consumer advocate shall possess knowledge and experience  in  matters
    49  affecting residential utility customers and shall be responsible for the
    50  direction,  control,  and  operation  of the state office of the utility
    51  consumer advocate, including  its  hiring  of  staff  and  retention  of
    52  experts  for analysis and testimony in proceedings. The utility consumer
    53  advocate shall not be removed for cause, but may be removed  only  after
    54  notice  and  opportunity to be heard, and only for permanent disability,

        A. 9005--B                         48

     1  malfeasance, a felony, or conduct involving moral turpitude. Exercise of
     2  independent judgment in advocating positions on  behalf  of  residential
     3  utility  customers shall not constitute cause for removal of the utility
     4  consumer advocate.
     5    §  28-c.  Powers of the state office of the utility consumer advocate.
     6  The state office of the utility consumer advocate shall have  the  power
     7  and  duty  to:  (a)  initiate, intervene in, or participate on behalf of
     8  residential utility customers in any proceedings before the  commission,
     9  the  federal  energy  regulatory  commission, the federal communications
    10  commission, federal, state and local administrative and regulatory agen-
    11  cies, and state and federal courts in any matter or proceeding that  may
    12  substantially  affect  the  interests  of residential utility customers,
    13  including, but not limited to, a  proposed  change  of  rates,  charges,
    14  terms  and  conditions  of  service, the adoption of rules, regulations,
    15  guidelines, orders, standards or final policy decisions where the utili-
    16  ty consumer advocate deems  such  initiation,  intervention  or  partic-
    17  ipation to be necessary or appropriate;
    18    (b)  represent  the  interests of residential utility customers of the
    19  state before federal, state  and  local  administrative  and  regulatory
    20  agencies engaged in the regulation of energy, telecommunications, water,
    21  and  other  utility  services,  and  before  state and federal courts in
    22  actions and proceedings to review the actions of utilities or orders  of
    23  utility  regulatory  agencies.  Any  action or proceeding brought by the
    24  utility consumer advocate before a court or an agency shall  be  brought
    25  in  the  name  of the state office of the utility consumer advocate. The
    26  utility consumer advocate may join with a residential  utility  customer
    27  or group of residential utility customers in bringing an action;
    28    (c)  (i) in addition to any other authority conferred upon the utility
    29  consumer advocate, he or she is authorized, and it shall be his  or  her
    30  duty  to  represent  the interests of residential utility customers as a
    31  party, or otherwise participate for  the  purpose  of  representing  the
    32  interests of such customers before any agencies or courts. He or she may
    33  initiate proceedings if in his or her judgment doing so may be necessary
    34  in  connection  with  any  matter involving the actions or regulation of
    35  public utility companies whether on appeal or otherwise  initiated.  The
    36  utility  consumer advocate may monitor all cases before regulatory agen-
    37  cies in the United States, including the federal communications  commis-
    38  sion and the federal energy regulatory commission that affect the inter-
    39  ests  of  residential  utility  customers  of the state and may formally
    40  participate in those proceedings which in his or her  judgment  warrants
    41  such participation.
    42    (ii) the utility consumer advocate shall exercise his or her independ-
    43  ent  discretion  in  determining  the  interests  of residential utility
    44  customers that will be advocated  in  any  proceeding,  and  determining
    45  whether  to  participate in or initiate any proceeding and, in so deter-
    46  mining, shall consider the public interest, the resources available, and
    47  the substantiality of the effect of the proceeding on  the  interest  of
    48  residential utility customers;
    49    (d)  request  and  receive  from any state or local authority, agency,
    50  department or division  of  the  state  or  political  subdivision  such
    51  assistance,  personnel, information, books, records, other documentation
    52  and cooperation necessary to perform its duties; and
    53    (e) enter into cooperative agreements with other government offices to
    54  efficiently carry out its work.
    55    § 28-d. Reports. On July first, two thousand twenty-three and annually
    56  thereafter, the state office of  the  utility  consumer  advocate  shall

        A. 9005--B                         49

     1  issue a report to the governor and the legislature, and make such report
     2  available  to the public free of charge on a publicly available website,
     3  containing, but not limited to, the following information:
     4    (a)  all  proceedings  that  the  state office of the utility consumer
     5  advocate participated in and the outcome of  such  proceedings,  to  the
     6  extent of such outcome and if not confidential;
     7    (b)  estimated  savings to residential utility consumers that resulted
     8  from intervention by the state office of the utility consumer  advocate;
     9  and
    10    (c) policy recommendations and suggested statutory amendments that the
    11  state office of the utility consumer advocate deems necessary.
    12    §  2. This act shall take effect on the first of April next succeeding
    13  the date on which it shall have become a law.

    14                                   PART EE

    15    Section 1.  Notwithstanding the provisions of article 5 of the general
    16  construction law, the  oversight  authority  of  the  state  comptroller
    17  relating  to the approval or pre-approval of any contract or procurement
    18  subject to the provisions of sections 112 and 163 of the  state  finance
    19  law  are  hereby  revived and shall continue in full force and effect as
    20  such provisions existed on March 1, 2011.
    21    § 2. This act shall take effect immediately; provided,  however,  that
    22  it  shall not apply to review of existing contracts and solicitations or
    23  transactions  thereunder,  including  renewals,  extensions,  continuous
    24  periodic  recruitments,  assignments  and  non-significant amendments of
    25  such existing contracts and solicitations.

    26                                   PART FF

    27    Section 1. Section 623 of the correction law, as  amended  by  chapter
    28  322 of the laws of 2021, is amended to read as follows:
    29    §   623.   [Incarcerated  individual  telephone]  Voice  communication
    30  services for incarcerated individuals.  1.  [Telephone]  Voice  communi-
    31  cation  services contracts for incarcerated individuals in state correc-
    32  tional facilities shall be subject to the procurement provisions as  set
    33  forth  in  article  eleven  of the state finance law [provided, however,
    34  that when determining the best value  of  such  telephone  service,  the
    35  lowest possible cost to the telephone user shall be emphasized].
    36    2. [The department shall make available either a "prepaid" or "collect
    37  call" system, or a combination thereof, for telephone service. Under the
    38  "prepaid" system, funds may be deposited into an account in order to pay
    39  for  station-to-station calls, provided that nothing in this subdivision
    40  shall require the department to provide or administer a prepaid  system.
    41  Under  a  "collect call" system, call recipients are billed for the cost
    42  of an accepted telephone call initiated by an  incarcerated  individual.
    43  Under  such "collect call" system, the provider of incarcerated individ-
    44  ual telephone service, as an additional means of  payment,  must  permit
    45  the  recipient  of incarcerated individual calls to establish an account
    46  with such provider in order to deposit funds to  pay  for  such  collect
    47  calls  in advance] State agencies charged with the operation and manage-
    48  ment of state correctional facilities and juvenile detention  facilities
    49  shall provide persons in their custody and confined in a correctional or
    50  detention  facility  with  voice  communication  service at a minimum of
    51  ninety minutes per day and ensure sufficient infrastructure to meet this
    52  baseline. The commissioner may supplement  voice  communication  service

        A. 9005--B                         50

     1  with  other  advanced communication services, including, but not limited
     2  to, video communication and electronic mail services. To the extent that
     3  the commissioner provides such voice communication service or any  other
     4  advanced communication service, each such service shall be provided free
     5  of charge to the person initiating and the person receiving the communi-
     6  cation.
     7    3.  [The  department  shall not accept or receive revenue in excess of
     8  its reasonable operating cost for establishing  and  administering  such
     9  telephone  system  services  as  provided in subdivisions one and two of
    10  this section] No state agency shall receive revenue from  the  provision
    11  of  voice  communication services or any other communication services to
    12  any person confined in a state correctional or detention facility.
    13    4. Nothing in this section shall be construed  to  limit,  replace  or
    14  prevent in-person visitation between persons confined in a state correc-
    15  tional or detention facility and relatives, friends or any other persons
    16  approved to visit such person.
    17    5.  The  department  shall  establish rules and regulations or depart-
    18  mental procedures to ensure that any [incarcerated individual phone call
    19  system] voice communication services for incarcerated individuals estab-
    20  lished by this section provides reasonable security measures to preserve
    21  the safety and security of each correctional facility, all staff and all
    22  persons outside a  facility  who  may  receive  incarcerated  individual
    23  [phone calls] voice communication services for incarcerated individuals.
    24    §  2.  This act shall take effect April 1, 2023 and shall apply to any
    25  new or renewal contract for voice communication services for incarcerat-
    26  ed individuals or other advanced communication services entered into  on
    27  or after such date and provided further that any new or renewal contract
    28  for  voice  communication services for incarcerated individuals or other
    29  advanced communication services entered into  prior  to  April  1,  2023
    30  shall not run past March 31, 2023.

    31                                   PART GG

    32    Section 1. Section 722-b of the county law, as amended by section 2 of
    33  part J of chapter 62 of the laws of 2003, is amended to read as follows:
    34    §  722-b.  Compensation  and  reimbursement for representation. 1. All
    35  counsel assigned in accordance with a plan of a bar association conform-
    36  ing to the requirements of section  seven  hundred  twenty-two  of  this
    37  article  whereby the services of private counsel are rotated and coordi-
    38  nated by an administrator shall at the conclusion of the  representation
    39  receive:
    40    (a)  for  representation of a person entitled to representation by law
    41  who is initially charged with a misdemeanor or  lesser  offense  and  no
    42  felony,  compensation  for  such misdemeanor or lesser offense represen-
    43  tation at a rate of [sixty] one hundred twenty dollars per hour for time
    44  expended in court or before a magistrate, judge or justice, and  [sixty]
    45  one  hundred twenty dollars per hour for time reasonably expended out of
    46  court, and shall receive reimbursement for expenses reasonably incurred;
    47  and
    48    (b) for representation of a person in all other cases governed by this
    49  article, including all representation in  an  appellate  court,  compen-
    50  sation  at  a  rate of [seventy-five] one hundred fifty dollars per hour
    51  for time expended in court before a magistrate,  judge  or  justice  and
    52  [seventy-five]  one  hundred  fifty dollars per hour for time reasonably
    53  expended out of court, and  shall  receive  reimbursement  for  expenses
    54  reasonably incurred.

        A. 9005--B                         51

     1    2. [Except as provided in this section, compensation for time expended
     2  in providing representation:
     3    (a) pursuant to paragraph (a) of subdivision one of this section shall
     4  not exceed two thousand four hundred dollars; and
     5    (b) pursuant to paragraph (b) of subdivision one of this section shall
     6  not exceed four thousand four hundred dollars.
     7    3.  For  representation  on  an appeal, compensation and reimbursement
     8  shall be fixed by the appellate court.  For  all  other  representation,
     9  compensation  and reimbursement shall be fixed by the trial court judge.
    10  In extraordinary circumstances a trial or appellate  court  may  provide
    11  for  compensation  in  excess of the foregoing limits and for payment of
    12  compensation and reimbursement for expenses before the completion of the
    13  representation.
    14    4.] Each claim for compensation and reimbursement shall  be  supported
    15  by  a  sworn  statement specifying the time expended, services rendered,
    16  expenses incurred and  reimbursement  or  compensation  applied  for  or
    17  received  in  the  same  case from any other source. No counsel assigned
    18  hereunder shall seek or accept any fee for representing  the  party  for
    19  whom  he  or  she  is  assigned  without approval of the court as herein
    20  provided.
    21    § 2. Section 722-e of the county law, as amended by section 11 of part
    22  VVV of chapter 59 of the laws of 2017, is amended to read as follows:
    23    § 722-e. Expenses. 1. All expenses for providing counsel and  services
    24  other  than counsel hereunder shall be a county charge or in the case of
    25  a county wholly located within a city a city charge to be paid out of an
    26  appropriation for such purposes. Provided, however, that any such  addi-
    27  tional  expenses incurred for the provision of counsel and services as a
    28  result of the implementation of a plan established pursuant to  subdivi-
    29  sion  four  of  section  eight  hundred thirty-two of the executive law,
    30  including any interim steps taken to implement such plan, shall be reim-
    31  bursed by the state to the county or city providing such services.  Such
    32  plans shall be submitted by the office of indigent legal services to the
    33  director of the division of budget for review and  approval.    However,
    34  the  director's approval shall be limited solely to the plan's projected
    35  fiscal impact of the required appropriation for  the  implementation  of
    36  such  plan,  and his or her approval shall not be unreasonably withheld.
    37  The  state  shall  appropriate  funds  sufficient  to  provide  for  the
    38  reimbursement required by this section.
    39    2.  All  expenses for providing counsel and services pursuant to para-
    40  graph (a) of subdivision one of section seven  hundred  twenty-two-b  of
    41  this  article  in  excess of sixty dollars per hour and paragraph (b) of
    42  subdivision one of section seven hundred twenty-two-b of this article in
    43  excess of seventy-five dollars per hour shall be funded by the state.
    44    § 3. Subdivision 3 of section 35 of the judiciary law, as  amended  by
    45  section  5  of  part  J of chapter 62 of the laws of 2003, is amended to
    46  read as follows:
    47    3. No counsel assigned pursuant to this section shall seek  or  accept
    48  any fee for representing the person for whom he or she is assigned with-
    49  out  approval  of the court as herein provided. Whenever it appears that
    50  such person is financially  able  to  obtain  counsel  or  make  partial
    51  payment  for  the  representation,  counsel  may report this fact to the
    52  court and the court may terminate the assignment or  authorize  payment,
    53  as  the  interests  of  justice  may  dictate,  to such counsel. Counsel
    54  assigned hereunder shall at the conclusion of the representation receive
    55  compensation at a rate of [seventy-five] one hundred fifty  dollars  per
    56  hour  for  time  expended in court, and [seventy-five] one hundred fifty

        A. 9005--B                         52

     1  dollars per hour for time reasonably expended out of  court,  and  shall
     2  receive  reimbursement  for  expenses reasonably incurred. For represen-
     3  tation upon a hearing, compensation and reimbursement shall be fixed  by
     4  the  court wherein the hearing was held [and such compensation shall not
     5  exceed four thousand four hundred  dollars.  For  representation  in  an
     6  appellate  court,  compensation and reimbursement shall be fixed by such
     7  court and such compensation shall not exceed four thousand four  hundred
     8  dollars.  In  extraordinary  circumstances  the  court  may  provide for
     9  compensation in excess of the foregoing limits].
    10    § 4. Section 35 of the judiciary law is amended by adding a new subdi-
    11  vision 9 to read as follows:
    12    9. All expenses for providing counsel and services pursuant to  subdi-
    13  vision three of this section shall be funded by the state.
    14    §  5. This act shall take effect April 1, 2022. Effective immediately,
    15  the addition, amendment, and/or repeal of any rule or regulation  neces-
    16  sary  for  the  implementation  of  this  act  on its effective date are
    17  authorized to be made and completed on or before such effective date.

    18                                   PART HH

    19    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
    20  legislative law and the state finance law relating to the operation  and
    21  administration  of  the legislature, as amended by section 1 of part MMM
    22  of chapter 59 of the laws of 2021, is amended to read as follows:
    23    § 13. This act shall take effect immediately and shall  be  deemed  to
    24  have  been  in full force and effect as of April 1, 1994, provided that,
    25  the provisions of section 5-a of  the  legislative  law  as  amended  by
    26  sections two and two-a of this act shall take effect on January 1, 1995,
    27  and provided further that, the provisions of article 5-A of the legisla-
    28  tive  law  as  added  by section eight of this act shall expire June 30,
    29  [2022] 2023 when upon such date the provisions of such article shall  be
    30  deemed  repealed;  and  provided further that section twelve of this act
    31  shall be deemed to have been in full force and effect on and after April
    32  10, 1994.
    33    § 2. This act shall not supersede the findings and determinations made
    34  by the compensation committee as authorized  pursuant  to  part  HHH  of
    35  chapter  59 of the laws of 2018 unless a court of competent jurisdiction
    36  determines that such findings and determinations are invalid  or  other-
    37  wise not applicable or in force.
    38    §  3.  This  act  shall take effect immediately, provided, however, if
    39  this act shall take effect on or after June 30, 2022, this act shall  be
    40  deemed to have been in full force and effect on and after June 30, 2022.

    41                                   PART II

    42    Section 1. The legislative law is amended by adding a new section 83-n
    43  to read as follows:
    44    §  83-n. Legislative commission on the future of the Long Island Power
    45  Authority. 1. The legislature hereby finds and declares that chapter 517
    46  of the laws of 1986 created the Long Island Power Authority (LIPA). Said
    47  authority was created, in part, because  the  decisions  by  LILCO,  the
    48  private  utility  that  provided  electricity to Long Island and part of
    49  Queens, "to commence construction of the Shoreham  nuclear  power  plant
    50  and  thereafter  to continue such construction were imprudent". Further,
    51  the legislature found in chapter 517 of the laws of 1986 that  "a  situ-
    52  ation  threatening  the economy, health and safety exists in the service

        A. 9005--B                         53

     1  area". One of the two express purposes of the act was the closure of the
     2  Shoreham nuclear power plant. In 1992, LIPA bought the Shoreham  nuclear
     3  power plant. The plant was fully decommissioned in 1994.
     4    The  second  purpose  of  such chapter 517 was to replace LILCO with a
     5  publicly owned power authority. The legislature found that "There  is  a
     6  lack  of  confidence that the needs of the residents and of commerce and
     7  industry in the service area for electricity can be supplied in a  reli-
     8  able,  efficient and economic manner by the Long Island lighting company
     9  (hereinafter referred to as "LILCO")" and "Such matters of state concern
    10  best can be dealt with by replacing such investor owned utility  with  a
    11  publicly owned power authority."
    12    In  1995,  LIPA replaced LILCO as the electric company for its service
    13  area. However, LIPA was never established  as  a  true  "publicly  owned
    14  power  authority"  as  originally  envisioned  by the State Legislature.
    15  Rather, since 1995, LIPA has opted for a  third-party  management  model
    16  whereby  LIPA  contracts  its  responsibility to manage the utility to a
    17  private, investor owned utility company.
    18    LIPA is the only utility in the nation that is operated under a third-
    19  party management model. This model has repeatedly failed its  customers.
    20  There  has  been  a lack of transparency, oversight, and accountability.
    21  This failure has been most dramatically evidenced  in  the  unacceptable
    22  storm response by LIPA and its third-party contractors during Superstorm
    23  Sandy in 2012 and Tropical Storm Isaias in 2020.
    24    After more than 25 years of unsatisfactory management under the third-
    25  party  management  model, a better alternative must be implemented. That
    26  inquiry must begin with the original intent of chapter 517 of  the  laws
    27  of  1986, whereby LIPA was to directly manage and operate the utility as
    28  a true public power utility.  Initial investigations by LIPA after Trop-
    29  ical Storm Isaias in 2020-2021 indicate that both ratepayer savings  and
    30  increased  management  efficiencies could be achieved through the public
    31  power model.
    32    Consequently, it is the purpose  of  this  section  to  implement  the
    33  original vision for LIPA intended by chapter 517 of the laws of 1986, as
    34  a  publicly  owned  power  company.    The  legislature hereby creates a
    35  commission to provide the legislature with the specific actions,  legis-
    36  lation,  and timeline necessary to restructure LIPA into a true publicly
    37  owned power authority. The public must participate in  that  process  so
    38  that the new LIPA becomes transparent with proper oversight and account-
    39  ability. The legislative commission shall submit its final report to the
    40  legislature no later than April first, two thousand twenty-three.
    41    2.  A  legislative commission is hereby established to investigate and
    42  report to the legislature on the establishment of a public  power  model
    43  for  the operation of LIPA, whereby the authority would directly operate
    44  the utility as a true  public  power  authority.  The  commission  shall
    45  report  to  the  legislature  on  the specific actions, legislation, and
    46  timeline necessary to restructure LIPA into a true publicly owned  power
    47  authority.   The commission shall consider: (a) the method of governance
    48  of the public authority; (b) improved transparency, accountability,  and
    49  public  involvement;  (c)  improved  reliability  of the system; (d) the
    50  impact on electric rates; (e) improved storm response;  (f)  the  powers
    51  required  by LIPA to more effectively operate the utility; (g) the over-
    52  sight role of the department of public service and  the  public  service
    53  commission  over  LIPA's  operation;  (h)  the impact on existing bonded
    54  indebtedness; (i) improved long term  energy  planning;  (j)  compliance
    55  with  the  goals  of the New York state climate leadership and community
    56  protection act; (k) increased reliance on renewable  energy  sources  to

        A. 9005--B                         54

     1  produce electricity; (l) taxation and payments in lieu of taxes; (m) the
     2  special  needs  of  communities  that  are  or have been impacted by the
     3  siting of power generating facilities; and (n) any other matter relevant
     4  to  the establishment of a public power model for the operation of LIPA.
     5  In its report to the legislature, the commission shall provide  for  the
     6  implementation  of the public power model by LIPA no later than December
     7  thirty-first, two thousand twenty-five.
     8    3. The commission shall consist of eight members to  be  appointed  as
     9  follows: three members of the senate shall be appointed by the temporary
    10  president  of  the  senate;  three  members  of  the  assembly  shall be
    11  appointed by the speaker of the assembly; one member of the senate shall
    12  be appointed by the minority leader of the senate; and one member of the
    13  assembly shall be appointed by the minority leader of the assembly.  Any
    14  vacancy that occurs in the commission shall be filled in the same manner
    15  in which the original appointment was made. Co-chairs of the  commission
    16  shall  be  designated  by  the temporary president of the senate and the
    17  speaker of the assembly, respectively. No member, officer,  or  employee
    18  of  the  commission  shall be disqualified from holding any other public
    19  office or employment, nor shall he or she forfeit  any  such  office  or
    20  employment  by reason of his or her appointment hereunder, notwithstand-
    21  ing the provisions of any general, special, or local law, ordinance,  or
    22  city charter.
    23    4.  The  commission  shall establish an advisory committee to actively
    24  assist and advise the commission in the preparation of the public  power
    25  report  required  to be prepared pursuant to this section. The committee
    26  shall consist of not more than fifteen members which shall  include  but
    27  not  be  limited  to  representatives  of organizations and institutions
    28  representing business,  labor,  local  government,  Indian  nations  and
    29  tribes,  economic  development,  environmental,  energy, social justice,
    30  consumer, civic, school districts or  higher  education  interests.  The
    31  committee  by  a majority vote shall elect a chairperson. The commission
    32  shall meet periodically with  the  advisory  committee,  make  available
    33  working  draft  and  other  documents, and shall provide services to the
    34  advisory committee as are necessary and appropriate  to  carry  out  its
    35  functions under this section. Members of the advisory committee shall be
    36  residents of the service area.
    37    5.  The commission may employ and at pleasure remove such personnel as
    38  it may deem necessary for the performance of the commission's  functions
    39  and  fix their compensation within the amount appropriated therefor. The
    40  commission may hold public and private hearings and otherwise  have  all
    41  of the powers of a legislative committee under this chapter. The members
    42  of  the  commission  shall  receive  no compensation for their services,
    43  except as provided pursuant to section five-a of this chapter, but shall
    44  be allowed their actual and necessary expenses incurred in the  perform-
    45  ance of their duties hereunder.
    46    6.  Employees of the commission shall be considered to be employees of
    47  the legislature for all purposes.
    48    7. The commission may request and shall receive from any  subdivision,
    49  department,  board,  bureau, commission, office, agency or other instru-
    50  mentality of the state or of any political subdivision thereof,  includ-
    51  ing  but  not limited to the department of public service and the public
    52  service commission, such facilities, assistance and  data  as  it  deems
    53  necessary  or  desirable  for  the  proper  execution  of its powers and
    54  duties. The office of the state  comptroller  may,  at  its  discretion,
    55  provide  to  the commission such facilities, assistance, and data as may
    56  be requested by the commission.

        A. 9005--B                         55

     1    8. The commission is hereby authorized and empowered to make and  sign
     2  any  agreements,  and  to do and perform any acts that may be necessary,
     3  desirable or proper to carry out the purposes and objectives  set  forth
     4  in this section.
     5    9. The commission shall hold at least one public hearing with a public
     6  comment  period  in  each of the counties comprising the service area of
     7  the Long Island Power Authority on the establishment of public power  by
     8  September  thirtieth, two thousand twenty-two and before issuing a draft
     9  report.
    10    10. No later than December thirty-first, two thousand twenty-two,  the
    11  commission  shall issue a draft report to the members of the legislature
    12  regarding the establishment of a public power model for the Long  Island
    13  Power  Authority.  The commission shall hold at least one public hearing
    14  with a public comment period in each  of  the  counties  comprising  the
    15  service  area  of the Long Island Power Authority on the draft report no
    16  later than February fifteenth,  two  thousand  twenty-three  and  before
    17  issuing a final report.
    18    11. No later than February first, two thousand twenty-three, the comp-
    19  troller  shall  have the discretion to review the draft report and issue
    20  to  the  legislature  any  recommendations  relative  to  the   findings
    21  contained  in  the  draft report which relates to the establishment of a
    22  public power model for the Long Island Power Authority.
    23    12. No later than April first, two thousand twenty-three, the  commis-
    24  sion  shall  issue  a  final  report  to  the members of the legislature
    25  regarding the establishment of a public power model for the Long  Island
    26  Power  Authority.  Such report shall provide any legislation required to
    27  implement the public power model.
    28    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    29  sion, section or part of this act shall be  adjudged  by  any  court  of
    30  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    31  impair, or invalidate the remainder thereof, but shall  be  confined  in
    32  its  operation  to the clause, sentence, paragraph, subdivision, section
    33  or part thereof directly involved in the controversy in which such judg-
    34  ment shall have been rendered. It is hereby declared to be the intent of
    35  the legislature that this act would  have  been  enacted  even  if  such
    36  invalid provisions had not been included herein.
    37    §  3.  This act shall take effect immediately; provided, however, that
    38  the amendments to article 5-A of the legislative law made by section one
    39  of this act shall survive the repeal of  such  article  as  provided  in
    40  section 13 of chapter 141 of the laws of 1994, as amended.
    41    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    42  sion,  section  or  part  of  this act shall be adjudged by any court of
    43  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    44  impair,  or  invalidate  the remainder thereof, but shall be confined in
    45  its operation to the clause, sentence, paragraph,  subdivision,  section
    46  or part thereof directly involved in the controversy in which such judg-
    47  ment shall have been rendered. It is hereby declared to be the intent of
    48  the  legislature  that  this  act  would  have been enacted even if such
    49  invalid provisions had not been included herein.
    50    § 3. This act shall take effect immediately  provided,  however,  that
    51  the applicable effective date of Parts A through II of this act shall be
    52  as specifically set forth in the last section of such Parts.
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