Bill Text: NY S06616 | 2019-2020 | General Assembly | Introduced


Bill Title: Amends the Capital Projects budget.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2019-06-20 - returned to senate [S06616 Detail]

Download: New_York-2019-S06616-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6616

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 20, 2019
                                       ___________

        Introduced  by Sen. KRUEGER -- (at request of the Budget Article VII) --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Finance

        AN  ACT  to  amend  chapter 54 of the laws of 2019, enacting the capital
          projects budget, in relation to the support of government

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 1 of chapter 54 of the laws of 2019, enacting the
     2  capital projects budget, is amended by repealing the  items  hereinbelow
     3  set  forth  in  brackets  and  by adding to such section the other items
     4  underscored in this section.

     5                    DEPARTMENT OF AGRICULTURE AND MARKETS

     6                         CAPITAL PROJECTS   2019-20

     7  For the comprehensive construction programs, purposes  and
     8    projects  as  herein  specified  in  accordance with the
     9    following:

    10                                          APPROPRIATIONS  REAPPROPRIATIONS

    11    Capital Projects Funds - Other .....     [9,415,000]        36,482,000
    12                                             19,415,000
    13                                        ----------------  ----------------
    14      All Funds ........................     [9,415,000]        36,482,000
    15                                             19,415,000
    16                                        ================  ================


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12039-01-9

        S. 6616                             2

     1  NEW FACILITIES PURPOSE (CCP) .................. 10,000,000
     2                                              --------------

     3    Capital Projects Funds - Other
     4    Capital Projects Fund
     5    New Facilities Purpose

     6  For payment to agricultural or horticultural
     7    corporations  and county extension service
     8    associations that are eligible to  receive
     9    premium  reimbursement pursuant to section
    10    286 of the  agriculture  and  markets  law
    11    for:  the  costs  of  construction,  reno-
    12    vation,    alteration,     rehabilitation,
    13    improvements,  installation,  acquisition,
    14    repair or replacement of fairground build-
    15    ings, equipment or permanent or  temporary
    16    facilities  used to house or promote agri-
    17    culture, excluding parking facilities  and
    18    signage; or for the costs of construction,
    19    renovation,   alteration,  rehabilitation,
    20    improvements,  installation,  acquisition,
    21    repair  or  replacement  of water systems,
    22    restrooms, septic  systems,  and/or  storm
    23    water management systems on fairgrounds or
    24    in fairground buildings to be allocated by
    25    the  commissioner in amounts not to exceed
    26    $200,000 to such eligible agricultural and
    27    horticultural   corporations   or   county
    28    extension  services  on  a non-competitive
    29    basis  until  such  funds  are   exhausted
    30    (60LF1903) ................................... 5,000,000
    31  For  grants  to  municipal  and incorporated
    32    not-for-profit pounds, shelters and humane
    33    societies.  Use  of  the  grant  funds  is
    34    restricted   to   the   costs  of  capital
    35    projects including, but  not  limited  to,
    36    construction,  renovation, rehabilitation,
    37    installation, acquisition, or expansion of
    38    buildings, equipment, or facilities neces-
    39    sary for the secure  containment,  health,
    40    and  adequate  care  of sheltered dogs and
    41    cats. These grants shall be  allocated  by
    42    the  commissioner  on  a competitive basis
    43    until  such  funds  are  extinguished   as
    44    follows:  (a)  In  municipalities  with  a
    45    population of less than two  million,  for
    46    such  pounds, shelters or humane societies
    47    that are operated by or under contract for
    48    the provision of pound or shelter services
    49    with one or more municipalities:  projects
    50    serving an individual municipality, grants
    51    in  amounts  not less than $50,000 and not
    52    more than $200,000, not  to  exceed  fifty
    53    percent of the total project cost; and for
    54    projects   serving  two  or  more  munici-

        S. 6616                             3

     1    palities, grants in amounts not less  than
     2    $100,000  and  not more than $500,000, not
     3    to  exceed  seventy-five  percent  of  the
     4    total  project cost; (b) In municipalities
     5    with  a  population  of  more   than   two
     6    million,  for  such  pounds,  shelters  or
     7    humane societies that are operated  by  or
     8    under  contract for the provision of pound
     9    or shelter services with one or more muni-
    10    cipalities, grants  in  amounts  not  less
    11    than  $100,000 and not more than $500,000,
    12    not to exceed seventy-five percent of  the
    13    total  project cost; and (c) to the extent
    14    such funds have not been extinguished, for
    15    projects in underserved municipalities  or
    16    regions,  for  such  pounds,  shelters  or
    17    humane societies that are not operated  by
    18    or under contract with one or more munici-
    19    palities  for  the  provision  of pound or
    20    shelter services, grants  in  amounts  not
    21    more  than  $50,000,  not  to exceed fifty
    22    percent of the total project cost.  Up  to
    23    five  percent  of  the total appropriation
    24    amount  may  be  made  available  for  the
    25    services and expenses of the department in
    26    relation   to   these   grants,  including
    27    personal  service,  non-personal  service,
    28    fringe   benefits,   and   indirect  costs
    29    (60AS1903) ................................... 5,000,000

    30                            EDUCATION DEPARTMENT

    31                         CAPITAL PROJECTS   2019-20

    32  For the comprehensive construction programs, purposes  and
    33    projects  as  herein  specified  in  accordance with the
    34    following:

    35                                          APPROPRIATIONS  REAPPROPRIATIONS

    36    Capital Projects Funds - Other .....   [101,200,000]     3,944,883,000
    37                                            141,200,000
    38                                        ----------------  ----------------
    39      All Funds ........................   [101,200,000]     3,944,883,000
    40                                            141,200,000
    41                                        ================  ================

    42  LIBRARY CONSTRUCTION (CCP) ................... [14,000,000]   34,000,000
    43                                              --------------

    44    Capital Projects Funds - Other
    45    Capital Projects Fund - 30000
    46    Program Improvement/Change Purpose

    47  For total approved project costs pursuant to
    48    section 273-a of the  education  law,  for

        S. 6616                             4

     1    approved  projects,  excluding feasibility
     2    studies, plans or similar activities,  for
     3    the  acquisition  of  vacant  land and the
     4    acquisition,  construction,  renovation or
     5    rehabilitation,    including     leasehold
     6    improvements,   of   buildings  of  public
     7    libraries and library systems chartered by
     8    the regents of the state of  New  York  or
     9    established  by an act of the legislature,
    10    subject  to  distribution  provisions   in
    11    subdivision  5  of  section  273-a  of the
    12    education law on and upon approval by  the
    13    commissioner (11011908) (23486) ............. 14,000,000
    14  For  additional total approved project costs
    15    pursuant to section 273-a of the education
    16    law,  for  approved  projects,   excluding
    17    feasibility   studies,  plans  or  similar
    18    activities, for the acquisition of  vacant
    19    land  and  the  acquisition, construction,
    20    renovation or  rehabilitiation,  including
    21    leasehold  improvements,  of  buildings of
    22    public libraries and library systems char-
    23    tered by the regents of the state  of  New
    24    York  or  established  by  an  act  of the
    25    legislature,   subject   to   distribution
    26    provisions  in  subdivision  5  of section
    27    273-a  of  the  education  law  and   upon
    28    approval  by  the  commissioner (11001908)
    29    (55925) ..................................... 20,000,000

    30  MATCHING GRANTS FOR SAFETY AND SECURITY  PROJECTS  FOR  AT
    31    RISK FACILITIES (CCP) ..................................... 20,000,000

    32    Capital Projects Funds - Other
    33    Capital Projects Fund - 30000
    34    Program Improvement/Change Purpose

    35  For  a  competitive grant program to provide
    36    safety and security projects at  nonpublic
    37    schools  and  day  camps  at  risk of hate
    38    crimes or attacks because of their  ideol-
    39    ogy,  beliefs or mission. Provided that an
    40    assessment  of  facilities  at  risk   may
    41    include,  but not be limited to, consider-
    42    ations  of  the  vulnerabilities  of   the
    43    organization  based  on  its  location and
    44    membership, and the potential consequences
    45    of a hate crime or attack at the facility.
    46    Provided further that recipients  of  such
    47    grants may be required to commit to under-
    48    take matching safety and security projects
    49    in  an  amount  established in the request
    50    for  applications  for  such  grants.  The
    51    amount  appropriated  herein may be trans-

        S. 6616                             5

     1    ferred or suballocated to the division  of
     2    homeland  security  and emergency services
     3    to accomplish the intent of this appropri-
     4    ation ....................................... 20,000,000

     5                      DEPARTMENT OF HEALTH

     6                CAPITAL PROJECTS - REAPPROPRIATIONS   2019-20

     7  HEALTH CARE FACILITY TRANSFORMATION PROGRAM (CCP)

     8    Capital Projects Funds - Other
     9    Capital Projects Fund - 30000
    10    Health Care System Improvement Purpose

    11  The appropriation made by chapter 54, section 1, of the laws of 2018, as
    12      amended  by  chapter  54,  section 1, of the laws of 2019, is hereby
    13      amended and reappropriated to read:
    14    For payments and grants to support health care facility transformation
    15      statewide. Notwithstanding section 163 of the state finance  law  or
    16      any  other  provision of law to the contrary, this appropriation may
    17      be used to fund payments and or grants, including up  to  $5,000,000
    18      to  regional  perinatal  care  centers  or other health providers to
    19      establish telehealth  applications,  made  by  the  commissioner  of
    20      health  in  his or her sole discretion, without a competitive bid or
    21      request for proposal process, to eligible applicants  as  determined
    22      by  the  commissioner of health for the purposes that strengthen and
    23      protect continued access to  health  care  services  in  communities
    24      including but not limited to children's residential treatment facil-
    25      ities.  Such  purposes  may  include  debt  retirement  and  capital
    26      projects or non-capital projects that facilitate health care  trans-
    27      formation  activities  including, merger, consolidation, acquisition
    28      or other activities  intended  to:  create  financially  sustainable
    29      systems  of care; preserve or expand essential health care services;
    30      modernize obsolete  facility  physical  plants  and  infrastructure;
    31      foster  participation in alternative payment arrangements, including
    32      but not limited to contracts with managed care plans and accountable
    33      care organizations; increase the quality of resident care or experi-
    34      ence in residential health care facilities; or improve health infor-
    35      mation technology infrastructure, including telehealth, to strength-
    36      en the acute, post-acute  care,  primary  care,  and  longterm  care
    37      continuum.  Grants shall not be available to support general operat-
    38      ing expenses.
    39    The commissioner and the president of the dormitory authority  of  the
    40      state  of  New  York  shall  enter into an agreement, subject to the
    41      approval of the director of  the  budget,  and  subject  to  section
    42      1680-r  of the public authorities law, for the purposes of awarding,
    43      distributing, and administering the funds made available pursuant to
    44      this appropriation.
    45    In determining awards for eligible  applicants  under  this  appropri-
    46      ation, the commissioner of health shall consider criteria including,
    47      but not limited to:
    48    (a)  The  extent  to which the proposed project will contribute to the
    49      integration of health care services or the long term  sustainability
    50      of the applicant or preservation of essential health services in the
    51      community or communities served by the applicant;

        S. 6616                             6

     1    (b)  The  extent  to  which the proposed project or purpose is aligned
     2      with delivery system  reform  incentive  payment  ("DSRIP")  program
     3      goals and objectives;
     4    (c) The geographic distribution of funds;
     5    (d)  The  relationship  between  the  proposed  project and identified
     6      community need;
     7    (e) The extent to  which  the  applicant  has  access  to  alternative
     8      financing;
     9    (f)  The extent to which the proposed project furthers the development
    10      of primary care and other outpatient services;
    11    (g) The extent to which the proposed project benefits medicaid  enrol-
    12      lees and uninsured individuals;
    13    (h)  The  extent  to  which  the  applicant  has engaged the community
    14      affected by the proposed project and the manner in  which  community
    15      engagement has shaped such project; and
    16    (i)  The extent to which the proposed project addresses potential risk
    17      to patient safety and welfare.
    18    Notwithstanding any inconsistent provision of law to the contrary, and
    19      upon approval of the director of the budget,  the  commissioner  may
    20      award  up  to  $300,000,000  of the funds made available pursuant to
    21      this appropriation for unfunded project  applications  submitted  in
    22      response  to the request for applications number 17648 issued by the
    23      department on January 8, 2018 pursuant  to  section  2825-e  of  the
    24      public health law.
    25    Authorized amounts to be awarded pursuant to applications submitted in
    26      response  to  the  request  for  application  number  17648 shall be
    27      awarded no later than [May] September 1, 2019.
    28    The department shall provide a report on  a  quarterly  basis  to  the
    29      chairs  of  the  senate finance, assembly ways and means, and senate
    30      health and assembly  health  committees,  until  such  time  as  the
    31      department  determines that the projects that receive funding pursu-
    32      ant to this appropriation are substantially complete.  Such  reports
    33      shall  be  submitted no later than sixty days after the close of the
    34      quarter, and shall include, for each award, the name of  the  appli-
    35      cant,  a  description  of  the project or purpose, the amount of the
    36      award, disbursement date, and status of achievement of  process  and
    37      performance  metrics  and  milestones  pursuant  to subdivision 6 of
    38      section 2825-f of the public health law.
    39    Within amounts appropriated herein, a minimum of $45,000,000 shall  be
    40      made  available  for grant awards to residential health care facili-
    41      ties, up to $20,000,000 may be made available for grant awards  made
    42      pursuant to paragraphs (l) and (m) of subdivision 3 of section 461-l
    43      of the social services law, pursuant to criteria to be determined by
    44      the  commissioner  and a minimum of $60,000,000 shall be made avail-
    45      able for grant awards to community-based health care providers which
    46      shall be defined as a diagnostic and treatment  center  licensed  or
    47      granted  an  operating  certificate  under  article 28 of the public
    48      health law, a mental health clinic licensed or granted an  operating
    49      certificate  under article 31 of the mental hygiene law, a substance
    50      use disorder treatment  clinic  licensed  or  granted  an  operating
    51      certificate  under  article  32 of the mental hygiene law, a primary
    52      care provider, a home care provider certified or  licensed  pursuant
    53      to  article 36 of the public health law, a facility granted an oper-
    54      ating certificate under article 16 of  the  mental  hygiene  law  or
    55      hospices  licensed  or  granted an operating certificate pursuant to
    56      article 40 of the public health law.

        S. 6616                             7

     1    The dormitory authority may issue bonds for such purposes  up  to  the
     2      amount  appropriated  herein.  No expenditures may be made from this
     3      appropriation to a facility until a facility specific plan has  been
     4      submitted  to  the department of health and has been approved by the
     5      director of the budget (12SW18HE) (26668) ..........................
     6      525,000,000 ..................................... (re. $525,000,000)

     7                  DIVISION OF HOUSING AND COMMUNITY RENEWAL

     8                         CAPITAL PROJECTS   2019-20

     9  For  the comprehensive construction programs, purposes and
    10    projects as herein  specified  in  accordance  with  the
    11    following:

    12                                          APPROPRIATIONS  REAPPROPRIATIONS

    13    Capital Projects Funds - Other .....   [174,200,000]     2,904,753,000
    14                                            294,200,000
    15    Capital Projects Funds - Federal ...              0         10,027,000
    16                                        ----------------  ----------------
    17      All Funds ........................   [174,200,000]     2,914,780,000
    18                                            294,200,000
    19                                        ================  ================

    20  NEW YORK CITY HOUSING AUTHORITY PROGRAM (CCP) .............. 100,000,000
    21                                                            --------------

    22    Capital Projects Funds - Other
    23    Housing Program Fund
    24    New Facilities Purpose

    25  For  the  purposes  of  capital projects and
    26    other  improvements  to   address   issues
    27    including,  but  not  limited  to  lead at
    28    housing developments owned or operated  by
    29    the   New  York  city  housing  authority,
    30    pursuant to a plan approved by the  direc-
    31    tor  of  the  budget, in consultation with
    32    the New York city housing authority  chair
    33    and  the  dormitory authority of the state
    34    of New York.    The  amounts  appropriated
    35    herein  may be suballocated or transferred
    36    to any state department, agency, or public
    37    authority for the purposes stated herein ... 100,000,000

    38  PUBLIC HOUSING PRESERVATION PROGAM (CCP) .................... 20,000,000
    39                                                            --------------

    40    Capital Projects Funds - Other
    41    Housing Program Fund
    42    Housing Trust Fund Corporation Account - 31851
    43    Preservation of Facilities Purpose

    44  For the purpose of substantial  or  moderate
    45    rehabilitation  and/or  the demolition and

        S. 6616                             8

     1    replacement through  new  construction  of
     2    site-specific  multi-family rental housing
     3    currently owned by public housing authori-
     4    ties  outside  of  New  York  city, or any
     5    affordable, low-income or  senior  housing
     6    related purpose, including disaster recov-
     7    ery, outside of New York city. The amounts
     8    appropriated herein may be suballocated or
     9    transferred to any state department, agen-
    10    cy,  or  public authority for the purposes
    11    stated herein ............................... 20,000,000

    12                NEW YORK STATE URBAN DEVELOPMENT CORPORATION

    13                         CAPITAL PROJECTS   2019-20

    14  For the comprehensive construction programs, purposes  and
    15    projects  as  herein  specified  in  accordance with the
    16    following:

    17                                          APPROPRIATIONS  REAPPROPRIATIONS

    18                                            [820,331,000]
    19    Capital Projects Funds - Other .....   1,320,331,000     7,570,214,000
    20                                        ----------------  ----------------
    21                                            [820,331,000]
    22      All Funds ........................   1,320,331,000     7,570,214,000
    23                                        ================  ================

    24  ECONOMIC DEVELOPMENT (CCP) ................. [820,331,000] 1,320,331,000
    25                                             --------------

    26    Capital Projects Funds - Other
    27    Capital Projects Fund - 30000
    28    Economic Development Purpose

    29  Notwithstanding any  inconsistent  provision
    30    of  law, for services and expenses, loans,
    31    grants, and costs associated with  program
    32    administration,  of  projects and purposes
    33    authorized below, including the payment of
    34    liabilities incurred  prior  to  April  1,
    35    2019. All or a portion of the funds appro-
    36    priated  hereby  may  be  suballocated  or
    37    transferred to any department, agency,  or
    38    public authority, according to the follow-
    39    ing:
    40  The  sum of $500,000,000 is hereby appropri-
    41    ated  for  the  New  York  Works  Economic
    42    Development Fund. Funds appropriated here-
    43    in  shall  be  for  services and expenses,
    44    loans, and grants, related to the New York
    45    Works Economic Development Fund,  provided
    46    that up to $425,000,000 shall be available
    47    from    this    appropriation    for   the
    48    construction of an entrance to  Pennsylva-

        S. 6616                             9

     1    nia Station at the southwest corner of the
     2    intersection  of  West 33rd Street and 7th
     3    Avenue  and other related improvements and
     4    expenses (91161909) (47006) ................ 500,000,000

     5                        DEPARTMENT OF TRANSPORTATION

     6                         CAPITAL PROJECTS   2019-20

     7  For the comprehensive construction programs, purposes  and
     8    projects  as  herein  specified  in  accordance with the
     9    following:

    10                                          APPROPRIATIONS  REAPPROPRIATIONS

    11    Capital Projects Funds - Other ..... [2,807,632,000]    8,732,092,000
    12                                          2,892,632,000
    13    Capital Projects Funds - Federal ...  2,526,000,000     8,923,848,000
    14    Special Revenue Funds - Federal ....     19,241,000        93,621,000
    15    Fiduciary Funds ....................     50,000,000       545,326,000
    16                                        ----------------  ----------------
    17      All Funds ........................ [5,402,873,000]   18,294,887,000
    18                                          5,487,873,000
    19                                        ================  ================

    20  NEW YORK WORKS (CCP) ........................ [480,889,000]  500,889,000
    21                                              --------------

    22    Capital Projects Funds - Other
    23    Capital Projects Fund - 30000
    24    Non-MTA Capital Purpose

    25  For the payment of the costs, which shall be
    26    reimbused  from  bond  proceeds,  of   the
    27    reconstruction,  improvement, rehablilita-
    28    tion  and  maintenance  of  the   existing
    29    passenger rail system of the Niagara Fron-
    30    tier transportation authority (17NF1931) .... 20,000,000

    31  OTHER TRANSPORTATION AID (CCP) .............. [477,797,000]  542,797,000
    32                                              --------------

    33    Capital Projects Funds - Other
    34    Capital Projects Fund - 30000
    35    Highway Aid Purpose

    36  For  capital  grants  to  municipalities for
    37    extreme winter recovery:
    38  The sum of $65,000,000 to municipalities for
    39    reimbursement of eligible costs  of  local
    40    highway  and  bridge  projects pursuant to
    41    section 16-a of chapter 329 of the laws of
    42    1991, as added by section 9 of chapter 330
    43    of the laws of 1991, as amended.  For  the
    44    purposes of computing allocations to muni-
    45    cipalities,  the amount distributed pursu-

        S. 6616                            10

     1    ant to section 16-a of chapter 329 of  the
     2    laws   of  1991  shall  be  deemed  to  be
     3    $65,000,000. To the extent that the  total
     4    of  payment  allocations calculated herein
     5    varies  from  $65,000,000,   the   payment
     6    amounts to each locality shall be adjusted
     7    by  a uniform percentage so that the total
     8    payments equal $65,000,000.
     9  Payments shall be made on the fifteenth  day
    10    of  June,  September,  December  and March
    11    (17EW1921) (53160) .......................... 65,000,000

    12             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

    13         HIGHER EDUCATION FACILITIES CAPITAL MATCHING GRANTS PROGRAM

    14                         CAPITAL PROJECTS   2019-20

    15                                         [APPROPRIATIONS  REAPPROPRIATIONS

    16    Capital Projects Funds - Other .....               0       121,661,000
    17                                        ----------------  ----------------
    18      All Funds ........................               0       121,661,000
    19                                        ================  ================]

    20  For the comprehensive construction programs, purposes  and
    21    projects  as  herein  specified  in  accordance with the
    22    following:

    23                                          APPROPRIATIONS  REAPPROPRIATIONS

    24    Capital Projects Funds - Other .....      30,000,000       121,661,000
    25                                        ----------------  ----------------
    26      All Funds ........................      30,000,000       121,661,000
    27                                        ================  ================

    28  HIGHER EDUCATION CAPITAL MATCHING GRANTS (CCP) .............. 30,000,000
    29                                                            --------------

    30    Capital Projects Funds - Other
    31    Capital Projects Fund - 30000
    32    Capital Matching Grants Purpose

    33  The sum of $30,000,000 is  hereby  appropri-
    34    ated  for  the higher education facilities
    35    capital matching  grants  program.  Awards
    36    and  grants  shall  be administered by the
    37    New York state  higher  education  capital
    38    matching  grant  board created pursuant to
    39    part U of chapter 63 of the laws  of  2005
    40    as amended (MG0919MG) ....................... 30,000,000

    41             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

    42              LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT

        S. 6616                            11

     1                          CAPITAL PROJECTS 2019-20

     2  For the comprehension construction programs, purposes, and
     3    projects  as  herein  specified  in  accordance with the
     4    following:

     5                                          APPROPRIATIONS  REAPPROPRIATIONS

     6    Capital Projects Funds - Other......     100,000,000                 0
     7                                        ----------------  ----------------
     8      All Funds.........................     100,000,000                 0
     9                                        ================  ================

    10  LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT (CCP) ..... 100,000,000

    11    Capital Projects Funds - Other
    12    Capital Projects Fund - 30000
    13    Lake Ontario Resiliency and Economic Development Purpose

    14  The sum of $100,000,000 is hereby  appropri-
    15    ated   for  Lake  Ontario  resiliency  and
    16    economic    development    projects    and
    17    purposes.  Funds appropriated herein shall
    18    be  for  services  and  expenses,   loans,
    19    grants,  and  costs  of  program  adminis-
    20    tration related to  hardening  infrastruc-
    21    ture along the Lake Ontario waterfront and
    22    strengthening  local  economies within the
    23    region,  including  but  not  limited   to
    24    projects  or priorities recommended by the
    25    Lake  Ontario  Resiliency   and   Economic
    26    Development  Initiative Commission. All or
    27    a portion of  this  appropriation  may  be
    28    suballocated or transferred to any depart-
    29    ment, agency, or public authority .......... 100,000,000

    30             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

    31                   STATE AND MUNICIPAL FACILITIES PROGRAM

    32                          CAPITAL PROJECTS 2019-20

    33  For the comprehensive construction programs, purposes, and
    34    projects  as  herein  specified  in  accordance with the
    35    following:

    36                                          APPROPRIATIONS  REAPPROPRIATIONS

    37    Capital Projects Funds - Other .....     385,000,000     1,931,987,000
    38                                        ----------------  ----------------
    39      All Funds ........................     385,000,000     1,931,987,000
    40                                        ================  ================

    41  STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) ............... 385,000,000
    42                                                            --------------

        S. 6616                            12

     1    Capital Projects Funds - Other
     2    Capital Projects Fund - 30000
     3    State and Municipal Facilities Purpose

     4  For   payment   of   the  capital  costs  of
     5    construction, improvement,  rehabilitation
     6    or  reconstruction  of facilities owned by
     7    eligible  entities;  the  acquisition   of
     8    capital  facilities and assets by eligible
     9    entities, including fixed capital  assets;
    10    the  acquisition  by  eligible entities of
    11    equipment  and   other   capital   assets,
    12    including  vehicles, in support of health,
    13    safety,  technology,  or  innovation;  the
    14    acquisition by an eligible entity of capi-
    15    tal  assets with a useful life of not less
    16    than ten  years  purchased  for  the  sole
    17    purpose   of   preserving  and  protecting
    18    infrastructure that is  owned,  controlled
    19    or  appurtenant  to  an  eligible  entity,
    20    including but not limited  to  heavy  duty
    21    road  maintenance  and  construction vehi-
    22    cles, pavers, snow plows, street  sweepers
    23    and  heavy  duty  fire, emergency response
    24    and  law  enforcement  vehicles;  economic
    25    development   projects  sponsored  by  the
    26    state  or   municipal   corporations,   as
    27    defined in section 2 of the general munic-
    28    ipal  law, that will create or retain jobs
    29    in New York  state  as  certified  by  the
    30    commissioner of the department of economic
    31    development;   or  environmental  projects
    32    sponsored by the state or municipal corpo-
    33    rations as defined in  section  2  of  the
    34    general  municipal  law. Eligible entities
    35    shall  consist  of  the  state;  municipal
    36    corporations  as  defined  in section 2 of
    37    the  general  municipal  law;   sanitation
    38    districts; special districts as defined in
    39    subdivision  16 of section 102 of the real
    40    property  tax   law;   water   and   sewer
    41    districts; the Metropolitan Transportation
    42    Authority  or  any  other  public  benefit
    43    corporation established pursuant to titles
    44    11, 11-A,  11-B,  11-C,  or  11-D  of  the
    45    public  authorities  law; a public benefit
    46    corporation as defined  in  section  2  of
    47    chapter  1016  of  the  laws  of  1969;  a
    48    college or university established pursuant
    49    to  section  352  of  the  education  law,
    50    section  6203  of  the  education  law  or
    51    section 6302  of  the  education  law;  an
    52    independent  not-for-profit institution of
    53    higher education as defined in subdivision
    54    2 of section 6401 of  the  education  law;
    55    public  school  districts;  public housing

        S. 6616                            13

     1    authorities; entities providing affordable
     2    housing,  public  libraries  and   library
     3    systems  chartered  by  the regents of the
     4    state of New York or established by an act
     5    of the legislature; public park conservan-
     6    cies or not-for-profit corporations organ-
     7    ized for the purpose of investing in parks
     8    owned  by  the  state  or municipal corpo-
     9    rations, as defined in section  2  of  the
    10    general  municipal law; and not-for-profit
    11    fire  districts,  fire  commissions,  fire
    12    companies,   fire  departments,  volunteer
    13    rescue and ambulance squads;  and  special
    14    act  school  districts,  schools  for  the
    15    blind and deaf  and  other  students  with
    16    disabilities  subject to article 85 of the
    17    education law,  and  private  schools  for
    18    students   with   disabilities  authorized
    19    pursuant to chapter 853  of  the  laws  of
    20    1976.
    21  Costs  may include, but shall not be limited
    22    to  engineering  services,   construction,
    23    project  management, right-of-way acquisi-
    24    tion, and work appurtenant  and  ancillary
    25    thereto.  Notwithstanding any inconsistent
    26    provision  of  this  appropriation  or any
    27    other provision of law,  funds  from  this
    28    appropriation  may  be  made available for
    29    Lake  Ontario  resiliency   and   economic
    30    development projects and purposes, includ-
    31    ing  services and expenses, loans, grants,
    32    and  costs   of   program   administration
    33    related  to hardening infrastructure along
    34    the Lake Ontario waterfront and  strength-
    35    ening  local  economies within the region,
    36    including but not limited to  projects  or
    37    priorities recommended by the Lake Ontario
    38    Resiliency and Economic Development Initi-
    39    ative  Commission.    No  funds  from this
    40    appropriation may be used  as  a  required
    41    match  or  be  considered a local share to
    42    other state programs or to leverage  state
    43    aid or grants including but not limited to
    44    the  apportionment of aid under the educa-
    45    tion law. Notwithstanding any provision of
    46    law to the  contrary,  funds  appropriated
    47    herein may, subject to the approval of the
    48    director  of  the  budget,  be  (i) inter-
    49    changed, (ii) transferred from this appro-
    50    priation to any other appropriation of any
    51    state department, agency or public benefit
    52    corporation, or (iii) suballocated to  any
    53    other  state  department, agency or public
    54    benefit  corporation,  to   achieve   this
    55    purpose (SM0120SM) (80001) ................. 385,000,000

        S. 6616                            14

     1             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES

     2                   STATE AND MUNICIPAL FACILITIES PROGRAM

     3                CAPITAL PROJECTS - REAPPROPRIATIONS   2019-20

     4                                         [APPROPRIATIONS  REAPPROPRIATIONS

     5    Capital Projects Funds - Other  ....               0     1,931,987,000
     6                                        ----------------  ----------------
     7      All Funds ........................               0     1,931,987,000
     8                                        ================  ================]

     9  STATE AND MUNICIPAL FACILITIES PROGRAM (CCP)

    10    Capital Projects Funds - Other
    11    Capital Projects Fund - 30000
    12    State and Municipal Facilities Purpose

    13  The appropriation made by chapter 54, section 1, of the laws of 2017, as
    14      amended  by  chapter  54,  section 1, of the laws of 2019, is hereby
    15      amended and reappropriated to read:
    16    For payment of the capital costs of construction,  improvement,  reha-
    17      bilitation  or  reconstruction of facilities owned by eligible enti-
    18      ties; the acquisition of capital facilities and assets  by  eligible
    19      entities,  including fixed capital assets; the acquisition by eligi-
    20      ble entities of equipment and other capital assets, including  vehi-
    21      cles,  in  support of health, safety, technology, or innovation; the
    22      acquisition by an eligible entity of capital assets  with  a  useful
    23      life  of  not  less than ten years purchased for the sole purpose of
    24      preserving and protecting infrastructure that is  owned,  controlled
    25      or  appurtenant  to an eligible entity, including but not limited to
    26      heavy duty road maintenance and construction vehicles, pavers,  snow
    27      plows,  street  sweepers and heavy duty fire, emergency response and
    28      law enforcement vehicles; economic development projects sponsored by
    29      the state or municipal corporations, as defined in section 2 of  the
    30      general  municipal  law, that will create or retain jobs in New York
    31      state as certified by the commissioner of the department of economic
    32      development; or environmental projects sponsored  by  the  state  or
    33      municipal corporations as defined in section 2 of the general munic-
    34      ipal  law.  Eligible  entities shall consist of the state; municipal
    35      corporations as defined in section 2 of the general  municipal  law;
    36      sanitation districts; special districts as defined in subdivision 16
    37      of  section  102  of  the  real  property  tax  law; water and sewer
    38      districts; the Metropolitan Transportation Authority  or  any  other
    39      public  benefit corporation established pursuant to titles 11, 11-A,
    40      11-B, 11-C, or 11-D of the public authorities law; a public  benefit
    41      corporation  as  defined in section 4 of chapter 1016 of the laws of
    42      1969; a college or university established pursuant to section 352 of
    43      the education law, section 6203 of the education law or section 6302
    44      of the education law; an independent not-for-profit  institution  of
    45      higher  education as defined in subdivision 2 of section 6401 of the
    46      education law; public school districts; public housing  authorities;
    47      public libraries and library systems chartered by the regents of the
    48      state  of  New  York  or  established  by an act of the legislature;

        S. 6616                            15

     1      public park conservancies or not for profit  corporations  organized
     2      for  the purpose of investing in parks owned by the state or munici-
     3      pal corporations, as defined in section 2 of the  general  municipal
     4      law;  not  for  profit fire districts, fire commissions, fire compa-
     5      nies, fire departments, volunteer rescue and ambulance  squads;  and
     6      special  act  school  districts,  schools for the blind and deaf and
     7      other students with disabilities subject to article 85 of the educa-
     8      tion law, and private schools for students with disabilities author-
     9      ized pursuant to chapter 853 of the laws of 1976.
    10    Costs may include, but shall not be limited to  engineering  services,
    11      construction, project management, right-of-way acquisition, and work
    12      appurtenant  and ancillary thereto. No funds from this appropriation
    13      may be used as a required match or be considered a  local  share  to
    14      other  state  programs  or to leverage state aid or grants including
    15      but not limited to the apportionment of aid under the education law.
    16      Notwithstanding any provision of law to the contrary,  funds  appro-
    17      priated  herein  may, subject to the approval of the director of the
    18      budget, be (i) interchanged, (ii) transferred  from  this  appropri-
    19      ation  to any other appropriation of any state department, agency or
    20      public benefit corporation, or (iii) suballocated to any other state
    21      department, agency or public benefit corporation,  to  achieve  this
    22      purpose.  Notwithstanding  the  foregoing, any limitations contained
    23      therein or any other inconsistent provision of law, funds from  this
    24      appropriation  shall  also  be  available,  including for payment of
    25      liabilities incurred or payments made prior to April  1,  2017,  (i)
    26      for  any  purpose,  individual,  or entity authorized under the Lake
    27      Ontario-St. Lawrence Seaway flood relief and recovery grant  program
    28      established  pursuant  to  a chapter of the laws of 2017, subject to
    29      the approval of the director of the budget, (ii) for payment of  the
    30      costs of other storm recovery and mitigation projects, not to exceed
    31      10,000,000  dollars  in  the aggregate to municipalities and special
    32      districts in (a) the counties of Chautauqua, Cattaraugus and Allega-
    33      ny for damages sustained as a result of a severe storm and  flooding
    34      which  occurred  July  14  and  15, 2015, in an amount not less than
    35      6,800,000 dollars or (b) the county of Monroe for damages  resulting
    36      from a severe storm which occurred March 8 and 9, 2017, in an amount
    37      not  to  exceed  2,000,000  dollars  subject  to the approval of the
    38      director of the budget, [and] (iii) for any purpose, individual,  or
    39      entity  authorized  under  the  Southern  Tier-Finger Lakes recovery
    40      program, as administered by the Housing Trust Fund Corporation,  for
    41      damages  sustained  as a result of a severe storm and flooding which
    42      occurred August 13 thru  15,  2018,  in  an  amount  not  to  exceed
    43      $13,000,000, and (iv) for any purpose, individual, or entity author-
    44      ized  under  the  Lake  Ontario-St. Lawrence Seaway flood relief and
    45      recovery grant program established pursuant to  chapter  85  of  the
    46      laws  of  2017,  as  amended  by  chapter 61 of the laws of 2017, as
    47      amended by chapter 59 of the laws of 2018, for damages sustained  as
    48      a  result of severe storms and flooding which occurred between Janu-
    49      ary 1, 2019 and December 31, 2019. Notwithstanding any other law  to
    50      the contrary, the amounts appropriated herein may be suballocated or
    51      transferred to any state department, agency, or public authority for
    52      the purposes stated herein (SM0117SM) (80001) ......................
    53      398,500,000 ..................................... (re. $386,500,000)
    54    §  2.  This  act  shall take effect immediately and shall be deemed to
    55  have been in full force and effect on and after April 1, 2019.
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