STATE OF NEW YORK ________________________________________________________________________ S. 4005--A A. 3005--A SENATE - ASSEMBLY February 1, 2023 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- 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 AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relat- ing to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness there- of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations budget, in relation to the effectiveness thereof; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarcera- tion programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12570-02-3
S. 4005--A 2 A. 3005--A amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expi- ration of the mandatory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001 amending the mili- tary law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 55 of the laws of 2018, amending the criminal procedure law relating to the pre-criminal proceeding settlements in the City of New York, in relation to the effectiveness thereof (Part A); to amend the criminal procedure law, in relation to setting bail (Part B); to amend the public health law, in relation to authorizing body scanner utilization in the department of corrections and community supervision and the office of children and family services facilities (Part C); to amend the correction law, in relation to lowering the minimum age for correction officers (Part D); to amend the executive law, in relation to the reporting of certain criminal offenses to a central repository (Part E); to amend the penal law, in relation to certain crimes relating to the possession of a firearm and the purchase and sale of body armor
S. 4005--A 3 A. 3005--A (Subpart A); and to amend the penal law, in relation to the purchase and sale of semiautomatic rifles (Subpart B) (Part F); to amend the state finance law and executive law, in relation to establishing a hazard mitigation revolving loan fund (Part G); to amend the volunteer firefighters' benefit law, the general municipal law, the labor law, and the civil service law, in relation to permitting the paying of a nominal fee to volunteer firefighters (Part H); to amend the executive law, in relation to a model domestic and gender-based violence policy; and to repeal certain provisions of such law relating to a model domestic violence policy for counties (Part I); to amend the military law, in relation to the expansion of eligibility for World Trade Center death and disability benefits for members of New York's organ- ized militia (Part J); directing the state liquor authority to review the alcoholic beverage control law and recommend legislative changes (Part K); to amend the alcoholic beverage control law, in relation to the issuance of temporary wholesale permits (Part L); to amend the alcoholic beverage control law, in relation to changes of ownership of a licensed business (Part M); to amend the alcoholic beverage control law, in relation to notifying municipalities of the filing of certain applications (Part N); to amend the alcoholic beverage control law, in relation to the issuance of temporary retail permits, and 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 O); to amend the county law and the judiciary law, in relation to entitled compen- sation for client representation (Part P); to amend chapter 303 of the laws of 1988, relating to the extension of the state commission on the restoration of the capitol, in relation to extending such provisions for an additional five years (Part Q); to amend the state finance law, in relation to methods of procurement; and repealing certain provisions of such law relating thereto (Part R); to amend the civil service law, in relation to competitive workforce expansion and retention (Part S); to amend the civil service law, in relation to employment and transfer of certain persons with disabilities (Part T); to amend the civil practice law and rules and the state finance law, in relation to the rate of interest to be paid on judgment and accrued claims (Part U); to amend part HH of chapter 56 of the laws of 2022 amending the retirement and social security law relating to waiving approval and income limitations on retirees employed in school districts and board of cooperative educational services, in relation to the effectiveness thereof (Part V); to amend the retirement and social security law, in relation to allowing participating employers of the New York state and local retirement system to withdraw from the contribution stabilization program (Part W); to amend the civil service law, in relation to the ability to charge interest on past due balances for the New York state health insurance program (Part X); to amend the general municipal law, in relation to moving the special accidental death benefit appropriation from the department of audit and control to the general fund's miscellaneous all state department and agencies (Part Y); to amend the executive law, in relation to the first class of the commission on ethics and lobbying in government (Part Z); to amend the tax law and part C of chapter 2 of the laws of 2005 amending the tax law relating to exemptions from sales and use taxes, in relation to extending certain provisions thereof; to amend the general city law and the administrative code of the city of New York, in relation to extending certain provisions relating to special-
S. 4005--A 4 A. 3005--A ly eligible premises and special rebates; to amend the administrative code of the city of New York, in relation to extending certain provisions relating to exemptions and deductions from base rent; to amend the real property tax law, in relation to extending certain provisions relating to eligibility periods and requirements; to amend the real property tax law, in relation to extending certain provisions relating to eligibility periods and requirements, benefit periods and applications for abatements; and to amend the administra- tive code of the city of New York, in relation to extending certain provisions relating to a special reduction in determining the taxable base rent (Part AA); to repeal subdivision 12 of section 239-bb of the general municipal law relating to county-wide shared services panels (Part BB); and to provide for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts; to amend part FFF of chapter 56 of the laws of 2022 providing for the administration of certain funds and accounts related to the 2022-2023 budget, in relation to the effectiveness of certain provisions thereof; to amend the military law, in relation to the deposit of funds for the use of armories; to amend the state finance law, in relation to the rainy day reserve fund; to amend part D of chapter 389 of the laws of 1997 relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issu- ance 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 issu- ance 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 issuance 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 estab- lishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; to amend the public author- ities 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 increasing 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; to amend the New York state urban development corporation act, in relation to personal income tax notes for 2024, in relation to author- izing the dormitory authority of the state of New York and the urban development corporation to enter into line of credit facilities for 2024, and in relation to state-supported debt issued during the 2024 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 amend the New York state urban
S. 4005--A 5 A. 3005--A development corporation act, in relation to permitting the dormitory authority, the New York state urban development corporation, and the thruway authority to issue bonds for the purpose of refunding obli- gations of the power authority of the state of New York to fund energy efficiency projects at state agencies; to amend the public authorities law, in relation to financing of metropolitan transportation authority (MTA) transportation facilities; and providing for the repeal of certain provisions upon expiration thereof (Part CC) 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 2023-2024 state fiscal year. Each component is whol- 4 ly contained within a Part identified as Parts A through CC. 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 2 of chapter 887 of the laws of 1983, amending the 14 correction law relating to the psychological testing of candidates, as 15 amended by section 1 of part A of chapter 55 of the laws of 2021, is 16 amended to read as follows: 17 § 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law and shall remain in effect until September 1, 19 [2023] 2025. 20 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 21 tive law and the criminal procedure law relating to expanding the 22 geographic area of employment of certain police officers, as amended by 23 section 2 of part A of chapter 55 of the laws of 2021, is amended to 24 read as follows: 25 § 3. This act shall take effect on the first day of November next 26 succeeding the date on which it shall have become a law, and shall 27 remain in effect until the first day of September, [2023] 2025, when it 28 shall expire and be deemed repealed. 29 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 30 correction law and the penal law relating to prisoner furloughs in 31 certain cases and the crime of absconding therefrom, as amended by 32 section 3 of part A of chapter 55 of the laws of 2021, is amended to 33 read as follows: 34 § 3. This act shall take effect 60 days after it shall have become a 35 law and shall remain in effect until September 1, [2023] 2025. 36 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 37 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 38 other chapters and laws relating to correctional facilities, as amended 39 by section 4 of part A of chapter 55 of the laws of 2021, is amended to 40 read as follows:
S. 4005--A 6 A. 3005--A 1 § 20. This act shall take effect immediately except that section thir- 2 teen of this act shall expire and be of no further force or effect on 3 and after September 1, [2023] 2025 and shall not apply to persons 4 committed to the custody of the department after such date, and provided 5 further that the commissioner of corrections and community supervision 6 shall report each January first and July first during such time as the 7 earned eligibility program is in effect, to the chairmen of the senate 8 crime victims, crime and correction committee, the senate codes commit- 9 tee, the assembly correction committee, and the assembly codes commit- 10 tee, the standards in effect for earned eligibility during the prior 11 six-month period, the number of inmates subject to the provisions of 12 earned eligibility, the number who actually received certificates of 13 earned eligibility during that period of time, the number of inmates 14 with certificates who are granted parole upon their first consideration 15 for parole, the number with certificates who are denied parole upon 16 their first consideration, and the number of individuals granted and 17 denied parole who did not have earned eligibility certificates. 18 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 19 amending the tax law and other laws relating to taxes, surcharges, fees 20 and funding, as amended by section 5 of part A of chapter 55 of the laws 21 of 2021, is amended to read as follows: 22 (q) the provisions of section two hundred eighty-four of this act 23 shall remain in effect until September 1, [2023] 2025 and be applicable 24 to all persons entering the program on or before August 31, [2023] 2025. 25 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 26 correction law and the penal law relating to inmate work release, 27 furlough and leave, as amended by section 6 of part A of chapter 55 of 28 the laws of 2021, is amended to read as follows: 29 § 10. This act shall take effect 30 days after it shall have become a 30 law and shall remain in effect until September 1, [2023] 2025, and 31 provided further that the commissioner of correctional services shall 32 report each January first, and July first, to the chairman of the senate 33 crime victims, crime and correction committee, the senate codes commit- 34 tee, the assembly correction committee, and the assembly codes commit- 35 tee, the number of eligible inmates in each facility under the custody 36 and control of the commissioner who have applied for participation in 37 any program offered under the provisions of work release, furlough, or 38 leave, and the number of such inmates who have been approved for partic- 39 ipation. 40 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994, 41 relating to certain provisions which impact upon expenditure of certain 42 appropriations made by chapter 50 of the laws of 1994, enacting the 43 state operations budget, as amended by section 7 of part A of chapter 55 44 of the laws of 2021, is amended to read as follows: 45 (c) sections forty-one and forty-two of this act shall expire Septem- 46 ber 1, [2023] 2025; provided, that the provisions of section forty-two 47 of this act shall apply to inmates entering the work release program on 48 or after such effective date; and 49 § 8. Subdivision (aa) of section 427 of chapter 55 of the laws of 50 1992, amending the tax law and other laws relating to taxes, surcharges, 51 fees and funding, as amended by section 10 of part A of chapter 55 of 52 the laws of 2021, is amended to read as follows: 53 (aa) the provisions of sections three hundred eighty-two, three 54 hundred eighty-three and three hundred eighty-four of this act shall 55 expire on September 1, [2023] 2025;
S. 4005--A 7 A. 3005--A 1 § 9. Section 12 of chapter 907 of the laws of 1984, amending the 2 correction law, the New York city criminal court act and the executive 3 law relating to prison and jail housing and alternatives to detention 4 and incarceration programs, as amended by section 11 of part A of chap- 5 ter 55 of the laws of 2021, is amended to read as follows: 6 § 12. This act shall take effect immediately, except that the 7 provisions of sections one through ten of this act shall remain in full 8 force and effect until September 1, [2023] 2025 on which date those 9 provisions shall be deemed to be repealed. 10 § 10. Subdivision (p) of section 406 of chapter 166 of the laws of 11 1991, amending the tax law and other laws relating to taxes, as amended 12 by section 12 of part A of chapter 55 of the laws of 2021, is amended to 13 read as follows: 14 (p) The amendments to section 1809 of the vehicle and traffic law made 15 by sections three hundred thirty-seven and three hundred thirty-eight of 16 this act shall not apply to any offense committed prior to such effec- 17 tive date; provided, further, that section three hundred forty-one of 18 this act shall take effect immediately and shall expire November 1, 1993 19 at which time it shall be deemed repealed; sections three hundred 20 forty-five and three hundred forty-six of this act shall take effect 21 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 22 six, three hundred fifty-seven and three hundred fifty-nine of this act 23 shall take effect immediately and shall expire June 30, 1995 and shall 24 revert to and be read as if this act had not been enacted; section three 25 hundred fifty-eight of this act shall take effect immediately and shall 26 expire June 30, 1998 and shall revert to and be read as if this act had 27 not been enacted; section three hundred sixty-four through three hundred 28 sixty-seven of this act shall apply to claims filed on or after such 29 effective date; sections three hundred sixty-nine, three hundred seven- 30 ty-two, three hundred seventy-three, three hundred seventy-four, three 31 hundred seventy-five and three hundred seventy-six of this act shall 32 remain in effect until September 1, [2023] 2025, at which time they 33 shall be deemed repealed; provided, however, that the mandatory 34 surcharge provided in section three hundred seventy-four of this act 35 shall apply to parking violations occurring on or after said effective 36 date; and provided further that the amendments made to section 235 of 37 the vehicle and traffic law by section three hundred seventy-two of this 38 act, the amendments made to section 1809 of the vehicle and traffic law 39 by sections three hundred thirty-seven and three hundred thirty-eight of 40 this act and the amendments made to section 215-a of the labor law by 41 section three hundred seventy-five of this act shall expire on September 42 1, [2023] 2025 and upon such date the provisions of such subdivisions 43 and sections shall revert to and be read as if the provisions of this 44 act had not been enacted; the amendments to subdivisions 2 and 3 of 45 section 400.05 of the penal law made by sections three hundred seventy- 46 seven and three hundred seventy-eight of this act shall expire on July 47 1, 1992 and upon such date the provisions of such subdivisions shall 48 revert and shall be read as if the provisions of this act had not been 49 enacted; the state board of law examiners shall take such action as is 50 necessary to assure that all applicants for examination for admission to 51 practice as an attorney and counsellor at law shall pay the increased 52 examination fee provided for by the amendment made to section 465 of the 53 judiciary law by section three hundred eighty of this act for any exam- 54 ination given on or after the effective date of this act notwithstanding 55 that an applicant for such examination may have prepaid a lesser fee for 56 such examination as required by the provisions of such section 465 as of
S. 4005--A 8 A. 3005--A 1 the date prior to the effective date of this act; the provisions of 2 section 306-a of the civil practice law and rules as added by section 3 three hundred eighty-one of this act shall apply to all actions pending 4 on or commenced on or after September 1, 1991, provided, however, that 5 for the purposes of this section service of such summons made prior to 6 such date shall be deemed to have been completed on September 1, 1991; 7 the provisions of section three hundred eighty-three of this act shall 8 apply to all money deposited in connection with a cash bail or a 9 partially secured bail bond on or after such effective date; and the 10 provisions of sections three hundred eighty-four and three hundred 11 eighty-five of this act shall apply only to jury service commenced 12 during a judicial term beginning on or after the effective date of this 13 act; provided, however, that nothing contained herein shall be deemed to 14 affect the application, qualification, expiration or repeal of any 15 provision of law amended by any section of this act and such provisions 16 shall be applied or qualified or shall expire or be deemed repealed in 17 the same manner, to the same extent and on the same date as the case may 18 be as otherwise provided by law; 19 § 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as 20 amended by section 13 of part A of chapter 55 of the laws of 2021, is 21 amended to read as follows: 22 8. The provisions of this section shall only apply to offenses commit- 23 ted on or before September first, two thousand [twenty-three] twenty- 24 five. 25 § 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 26 cle and traffic law relating to the ignition interlock device program, 27 as amended by section 14 of part A of chapter 55 of the laws of 2021, is 28 amended to read as follows: 29 § 6. This act shall take effect on the first day of April next 30 succeeding the date on which it shall have become a law; provided, 31 however, that effective immediately, the addition, amendment or repeal 32 of any rule or regulation necessary for the implementation of the fore- 33 going sections of this act on their effective date is authorized and 34 directed to be made and completed on or before such effective date and 35 shall remain in full force and effect until the first day of September, 36 [2023] 2025 when upon such date the provisions of this act shall be 37 deemed repealed. 38 § 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 39 laws of 1997, amending the military law and other laws relating to vari- 40 ous provisions, as amended by section 15 of part A of chapter 55 of the 41 laws of 2021, is amended to read as follows: 42 a. sections forty-three through forty-five of this act shall expire 43 and be deemed repealed on September 1, [2023] 2025; 44 § 14. Section 4 of part D of chapter 412 of the laws of 1999, amending 45 the civil practice law and rules and the court of claims act relating to 46 prisoner litigation reform, as amended by section 16 of part A of chap- 47 ter 55 of the laws of 2021, is amended to read as follows: 48 § 4. This act shall take effect 120 days after it shall have become a 49 law and shall remain in full force and effect until September 1, [2023] 50 2025, when upon such date it shall expire. 51 § 15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 52 constituting the family protection and domestic violence intervention 53 act of 1994, as amended by section 17 of part A of chapter 55 of the 54 laws of 2021, is amended to read as follows: 55 2. Subdivision 4 of section 140.10 of the criminal procedure law as 56 added by section thirty-two of this act shall take effect January 1,
S. 4005--A 9 A. 3005--A 1 1996 and shall expire and be deemed repealed on September 1, [2023] 2 2025. 3 § 16. Section 5 of chapter 505 of the laws of 1985, amending the crim- 4 inal procedure law relating to the use of closed-circuit television and 5 other protective measures for certain child witnesses, as amended by 6 section 18 of part A of chapter 55 of the laws of 2021, is amended to 7 read as follows: 8 § 5. This act shall take effect immediately and shall apply to all 9 criminal actions and proceedings commenced prior to the effective date 10 of this act but still pending on such date as well as all criminal 11 actions and proceedings commenced on or after such effective date and 12 its provisions shall expire on September 1, [2023] 2025, when upon such 13 date the provisions of this act shall be deemed repealed. 14 § 17. Subdivision d of section 74 of chapter 3 of the laws of 1995, 15 enacting the sentencing reform act of 1995, as amended by section 19 of 16 part A of chapter 55 of the laws of 2021, is amended to read as follows: 17 d. Sections one-a through twenty, twenty-four through twenty-eight, 18 thirty through thirty-nine, forty-two and forty-four of this act shall 19 be deemed repealed on September 1, [2023] 2025; 20 § 18. Section 2 of chapter 689 of the laws of 1993, amending the crim- 21 inal procedure law relating to electronic court appearance in certain 22 counties, as amended by section 20 of part A of chapter 55 of the laws 23 of 2021, is amended to read as follows: 24 § 2. This act shall take effect immediately, except that the 25 provisions of this act shall be deemed to have been in full force and 26 effect since July 1, 1992 and the provisions of this act shall expire 27 September 1, [2023] 2025 when upon such date the provisions of this act 28 shall be deemed repealed. 29 § 19. Section 3 of chapter 688 of the laws of 2003, amending the exec- 30 utive law relating to enacting the interstate compact for adult offender 31 supervision, as amended by section 21 of part A of chapter 55 of the 32 laws of 2021, is amended to read as follows: 33 § 3. This act shall take effect immediately, except that section one 34 of this act shall take effect on the first of January next succeeding 35 the date on which it shall have become a law, and shall remain in effect 36 until the first of September, [2023] 2025, upon which date this act 37 shall be deemed repealed and have no further force and effect; provided 38 that section one of this act shall only take effect with respect to any 39 compacting state which has enacted an interstate compact entitled 40 "Interstate compact for adult offender supervision" and having an iden- 41 tical effect to that added by section one of this act and provided 42 further that with respect to any such compacting state, upon the effec- 43 tive date of section one of this act, section 259-m of the executive law 44 is hereby deemed REPEALED and section 259-mm of the executive law, as 45 added by section one of this act, shall take effect; and provided 46 further that with respect to any state which has not enacted an inter- 47 state compact entitled "Interstate compact for adult offender super- 48 vision" and having an identical effect to that added by section one of 49 this act, section 259-m of the executive law shall take effect and the 50 provisions of section one of this act, with respect to any such state, 51 shall have no force or effect until such time as such state shall adopt 52 an interstate compact entitled "Interstate compact for adult offender 53 supervision" and having an identical effect to that added by section one 54 of this act in which case, with respect to such state, effective imme- 55 diately, section 259-m of the executive law is deemed repealed and
S. 4005--A 10 A. 3005--A 1 section 259-mm of the executive law, as added by section one of this 2 act, shall take effect. 3 § 20. Section 8 of part H of chapter 56 of the laws of 2009, amending 4 the correction law relating to limiting the closing of certain correc- 5 tional facilities, providing for the custody by the department of 6 correctional services of inmates serving definite sentences, providing 7 for custody of federal prisoners and requiring the closing of certain 8 correctional facilities, as amended by section 22 of part A of chapter 9 55 of the laws of 2021, is amended to read as follows: 10 § 8. This act shall take effect immediately; provided, however that 11 sections five and six of this act shall expire and be deemed repealed 12 September 1, [2023] 2025. 13 § 21. Section 3 of part C of chapter 152 of the laws of 2001, amending 14 the military law relating to military funds of the organized militia, as 15 amended by section 23 of part A of chapter 55 of the laws of 2021, is 16 amended to read as follows: 17 § 3. This act shall take effect immediately; provided however that the 18 amendments made to subdivision 1 of section 221 of the military law by 19 section two of this act shall expire and be deemed repealed September 1, 20 [2023] 2025. 21 § 22. Section 5 of chapter 554 of the laws of 1986, amending the 22 correction law and the penal law relating to providing for community 23 treatment facilities and establishing the crime of absconding from the 24 community treatment facility, as amended by section 24 of part A of 25 chapter 55 of the laws of 2021, is amended to read as follows: 26 § 5. This act shall take effect immediately and shall remain in full 27 force and effect until September 1, [2023] 2025, and provided further 28 that the commissioner of correctional services shall report each January 29 first and July first during such time as this legislation is in effect, 30 to the chairmen of the senate crime victims, crime and correction 31 committee, the senate codes committee, the assembly correction commit- 32 tee, and the assembly codes committee, the number of individuals who are 33 released to community treatment facilities during the previous six-month 34 period, including the total number for each date at each facility who 35 are not residing within the facility, but who are required to report to 36 the facility on a daily or less frequent basis. 37 § 23. Section 2 of part F of chapter 55 of the laws of 2018, amending 38 the criminal procedure law relating to pre-criminal proceeding settle- 39 ments in the city of New York, as amended by section 25 of part A of 40 chapter 55 of the laws of 2021, is amended to read as follows: 41 § 2. This act shall take effect immediately and shall remain in full 42 force and effect until March 31, [2023] 2025, when it shall expire and 43 be deemed repealed. 44 § 24. This act shall take effect immediately. 45 PART B 46 Section 1. The opening paragraph of subdivision 1 of section 510.10 of 47 the criminal procedure law, as amended by section 1 of subpart C of part 48 UU of chapter 56 of the laws of 2022, is amended and a new subdivision 49 1-a is added to read as follows: 50 When a principal, other than a principal charged with a qualifying 51 offense for which monetary bail is authorized under this article or a 52 principal for whom the court is otherwise authorized to fix bail or 53 commit to the custody of the sheriff, whose future court attendance at a 54 criminal action or proceeding is or may be required, comes under the
S. 4005--A 11 A. 3005--A 1 control of a court, such court shall, in accordance with this title, by 2 a securing order release the principal on the principal's own recogni- 3 zance[,] or release the principal under non-monetary conditions[, or, 4 where authorized, fix bail or commit the principal to the custody of the 5 sheriff]. In all such cases, except where another type of securing order 6 is shown to be required by law, the court shall release the principal 7 pending trial on the principal's own recognizance, unless it is demon- 8 strated and the court makes an individualized determination that the 9 principal poses a risk of flight to avoid prosecution. If such a finding 10 is made, the court must select the least restrictive alternative and 11 condition or conditions that will reasonably assure the principal's 12 return to court. The court shall explain its choice of release[,] or 13 release with conditions[, bail or remand] on the record or in writing. 14 In making its determination, the court must consider and take into 15 account available information about the principal, including: 16 1-a. When a principal, charged with a qualifying offense for which 17 monetary bail is authorized under this article or a principal for whom 18 the court is otherwise authorized to fix bail or commit to the custody 19 of the sheriff, whose future court attendance at a criminal action or 20 proceeding is or may be required, comes under the control of a court, 21 such court shall, in accordance with this title, by a securing order 22 release the principal on the principal's own recognizance, release the 23 principal under non-monetary conditions, fix bail, or commit the princi- 24 pal to the custody of the sheriff. The court shall explain its choice of 25 release, release with conditions, bail or remand on the record or in 26 writing. In making its determination, the court must consider and take 27 into account available information about the principal, including: 28 (a) The principal's activities and history; 29 (b) If the principal is a defendant, the charges facing the principal; 30 (c) The principal's criminal conviction record if any; 31 (d) The principal's record of previous adjudication as a juvenile 32 delinquent, as retained pursuant to section 354.1 of the family court 33 act, or, of pending cases where fingerprints are retained pursuant to 34 section 306.1 of such act, or a youthful offender, if any; 35 (e) The principal's previous record with respect to flight to avoid 36 criminal prosecution; 37 (f) If monetary bail is authorized, according to the restrictions set 38 forth in this title, the principal's individual financial circumstances, 39 and, in cases where bail is authorized, the principal's ability to post 40 bail without posing undue hardship, as well as his or her ability to 41 obtain a secured, unsecured, or partially secured bond; 42 (g) Any violation by the principal of an order of protection issued by 43 any court; 44 (h) The principal's history of use or possession of a firearm; 45 (i) Whether the charge is alleged to have caused serious harm to an 46 individual or group of individuals; and 47 (j) If the principal is a defendant, in the case of an application for 48 a securing order pending appeal, the merit or lack of merit of the 49 appeal. 50 § 2. The opening paragraph of subdivision 1 of section 510.30 of the 51 criminal procedure law, as amended by section 2 of subpart C of part UU 52 of chapter 56 of the laws of 2022, is amended and a new subparagraph 1-a 53 is added to read as follows: 54 With respect to any principal, other than a principal charged with a 55 qualifying offense for which monetary bail is authorized under this 56 article or a principal for whom the court is otherwise authorized to fix
S. 4005--A 12 A. 3005--A 1 bail or commit to the custody of the sheriff, the court in all cases, 2 unless otherwise provided by law, must impose the least restrictive kind 3 and degree of control or restriction that is necessary to secure the 4 principal's return to court when required. In determining that matter, 5 the court must, on the basis of available information, consider and take 6 into account information about the principal that is relevant to the 7 principal's return to court, including: 8 1-a. When a principal, charged with a qualifying offense for which 9 monetary bail is authorized under this article or a principal for whom 10 the court is otherwise authorized to fix bail or commit to the custody 11 of the sheriff, whose future court attendance at a criminal action or 12 proceeding is or may be required, comes under the control of a court, 13 such court shall, in accordance with this title, by a securing order 14 release the principal on the principal's own recognizance, release the 15 principal under non-monetary conditions, fix bail, or commit the princi- 16 pal to the custody of the sheriff. The court shall explain its choice of 17 release, release with conditions, bail or remand on the record or in 18 writing. In making its determination, the court must consider and take 19 into account available information about the principal, including: 20 (a) The principal's activities and history; 21 (b) If the principal is a defendant, the charges facing the principal; 22 (c) The principal's criminal conviction record if any; 23 (d) The principal's record of previous adjudication as a juvenile 24 delinquent, as retained pursuant to section 354.1 of the family court 25 act, or, of pending cases where fingerprints are retained pursuant to 26 section 306.1 of such act, or a youthful offender, if any; 27 (e) The principal's previous record with respect to flight to avoid 28 criminal prosecution; 29 (f) If monetary bail is authorized, according to the restrictions set 30 forth in this title, the principal's individual financial circumstances, 31 and, in cases where bail is authorized, the principal's ability to post 32 bail without posing undue hardship, as well as his or her ability to 33 obtain a secured, unsecured, or partially secured bond; 34 (g) Any violation by the principal of an order of protection issued by 35 any court; 36 (h) The principal's history of use or possession of a firearm; 37 (i) Whether the charge is alleged to have caused serious harm to an 38 individual or group of individuals; and 39 (j) If the principal is a defendant, in the case of an application for 40 a securing order pending appeal, the merit or lack of merit of the 41 appeal. 42 § 3. The opening paragraph of paragraph (b) of subdivision 1 of 43 section 530.20 of the criminal procedure law, as amended by section 3 of 44 part UU of chapter 56 of the laws of 2020, is amended to read as 45 follows: 46 Where the principal stands charged with a qualifying offense for which 47 monetary bail is authorized or where the court is otherwise authorized 48 to fix bail, the court, unless otherwise prohibited by law, may in its 49 discretion release the principal pending trial on the principal's own 50 recognizance or under non-monetary conditions, fix bail, or, where the 51 defendant is charged with a qualifying offense which is a felony, the 52 court may commit the principal to the custody of the sheriff. The court 53 shall explain its choice of release, release with conditions, bail or 54 remand on the record or in writing. A principal stands charged with a 55 qualifying offense when he or she stands charged with:
S. 4005--A 13 A. 3005--A 1 § 4. The opening paragraph of subdivision 4 of section 530.40 of the 2 criminal procedure law, as amended by section 4 of part UU of chapter 56 3 of the laws of 2020, is amended to read as follows: 4 Where the principal stands charged with a qualifying offense for which 5 monetary bail is authorized or where the court is otherwise authorized 6 to fix bail, the court, unless otherwise prohibited by law, may in its 7 discretion release the principal pending trial on the principal's own 8 recognizance or under non-monetary conditions, fix bail, or, where the 9 defendant is charged with a qualifying offense which is a felony, the 10 court may commit the principal to the custody of the sheriff. The court 11 shall explain its choice of release, release with conditions, bail or 12 remand on the record or in writing. A principal stands charged with a 13 qualifying offense for the purposes of this subdivision when he or she 14 stands charged with: 15 § 5. This act shall take effect on the thirtieth day after it shall 16 have become a law. 17 PART C 18 Section 1. Subparagraphs (i) and (ii) of paragraph (a), paragraph (b), 19 subparagraphs (i), (ii), (iii) and (v) of paragraph (c), paragraph (e) 20 and the opening paragraph and subparagraphs (i) and (ii) of paragraph 21 (f) of subdivision 6 of section 3502 of the public health law, subpara- 22 graph (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii) and 23 (v) of paragraph (c), paragraph (e) and the opening paragraph of para- 24 graph (f) as added by chapter 313 of the laws of 2018, subparagraph (i) 25 of paragraph (a), subparagraph (ii) of paragraph (c), and subparagraphs 26 (i) and (ii) of paragraph (f) as amended by chapter 486 of the laws of 27 2022, are amended to read as follows: 28 (i) Notwithstanding the provisions of this section or any other 29 provision of law, rule or regulation to the contrary, licensed practi- 30 tioners, persons licensed under this article and unlicensed personnel 31 employed at a state or local correctional facility, secure or special- 32 ized secure detention facility, or facility for youth placed with or 33 committed to the office of children and family services may, in a manner 34 permitted by the regulations promulgated pursuant to this subdivision, 35 utilize body imaging scanning equipment that applies ionizing radiation 36 to humans for purposes of screening [incarcerated] individuals detained 37 in or committed to such facility and visitors visiting such facility, in 38 connection with the implementation of such facility's security program. 39 (ii) The utilization of such body imaging scanning equipment shall be 40 in accordance with regulations promulgated by the department, or for 41 local correctional facilities in cities having a population of two 42 million or more, such utilization shall be in accordance with regu- 43 lations promulgated by the New York city department of health and mental 44 hygiene. The state commission of correction, in consultation with the 45 department of corrections and community supervision and the office of 46 children and family services, shall promulgate regulations establishing 47 when body imaging scanning equipment will be used to screen visitors in 48 state and local correctional facilities, specialized secure detention 49 facilities, and secure facilities operated by the office of children and 50 family services. The office of children and family services shall 51 promulgate regulations establishing when body imaging scanning equipment 52 will be used to screen visitors in secure detention facilities and all 53 facilities, other than secure facilities, operated by the office.
S. 4005--A 14 A. 3005--A 1 (b) Prior to establishing, maintaining or operating in a state or 2 local correctional facility, secure or specialized secure detention 3 facility, or facility for youth placed with or committed to the office 4 of children and family services, any body imaging scanning equipment, 5 the chief administrative officer of the facility shall ensure that such 6 facility is in compliance with the regulations promulgated pursuant to 7 this subdivision and otherwise applicable requirements for the installa- 8 tion, registration, maintenance, operation and inspection of body imag- 9 ing scanning equipment. 10 (i) A requirement that prior to operating body imaging scanning equip- 11 ment, unlicensed personnel employed at state or local correctional 12 facilities, secure or specialized secure detention facilities, or facil- 13 ities for youth placed with or committed to the office of children and 14 family services shall have successfully completed a training course 15 approved by the department, or for local correctional facilities in 16 cities of two million or more, approved by the New York city department 17 of health and mental hygiene, and that such personnel receive additional 18 training on an annual basis; 19 (ii) Limitations on exposure which shall be no more than fifty percent 20 of the annual exposure limits for non-radiation workers as specified by 21 applicable regulations, except that [incarcerated] individuals under the 22 age of eighteen shall not be subject to more than five percent of such 23 annual exposure limits, and pregnant women shall not be subject to such 24 scanning at any time. Procedures for identifying pregnant women shall be 25 set forth in the regulations; 26 (iii) Registration with the department of each body imaging scanning 27 machine purchased or installed at a state or local correctional 28 facility, secure or specialized secure detention facility, or facility 29 for youth placed with or committed to the office of children and family 30 services; 31 (v) A requirement that records be kept regarding each use of body 32 imaging scanning equipment by the state or local correctional facility, 33 secure or specialized secure detention facility, or facility for youth 34 placed with or committed to the office of children and family services. 35 (e) For the purposes of this subdivision[,]: 36 (i) "[local] Local correctional facility" shall have the same meaning 37 as found in subdivision sixteen of section two of the correction law. 38 (ii) "State correctional facility" shall mean a "correctional facili- 39 ty" as defined in subdivision four of section two of the correction law. 40 (iii) "Secure detention facility" shall mean a secure detention facil- 41 ity certified by the office of children and family services pursuant to 42 section five hundred three of the executive law. 43 (iv) "Specialized secure detention facility" shall mean a facility for 44 adolescent offenders certified by the office of children and family 45 services in consultation with the state commission on correction pursu- 46 ant to subdivision nine of section five hundred three of the executive 47 law. 48 (v) "Facility for youth placed with or committed to the office of 49 children and family services" shall mean a facility operated pursuant to 50 section five hundred four of the executive law. 51 Any local government agency that utilizes body imaging scanning equip- 52 ment in a state or local correctional facility, secure detention facili- 53 ty, or specialized secure detention facility under its jurisdiction 54 shall submit an annual report to the department, the speaker of the 55 assembly, and the temporary president of the senate. If body imaging 56 scanning equipment is utilized in one or more state correctional facili-
S. 4005--A 15 A. 3005--A 1 ties or facilities for youth placed with or committed to the office of 2 children and family services, then the department of corrections and 3 community supervision or the office of children and family services, as 4 applicable, shall submit an annual report to the department, the speaker 5 of the assembly, and the temporary president of the senate. Such report 6 by either the local government agency, the department of corrections and 7 community supervision, or the office of children and family services 8 shall be submitted within eighteen months after the initial date of 9 registration of such equipment with the department, and annually there- 10 after, and shall contain the following information as to each such 11 facility: 12 (i) the number of times the equipment was used on [incarcerated] indi- 13 viduals detained in, committed to or visiting the facility upon intake, 14 before visits, after visits, and upon the suspicion of contraband, as 15 well as any other event that triggers the use of such equipment; 16 (ii) the average, median, and highest number of times the equipment 17 was used on any [incarcerated] individual detained in, committed to or 18 visiting the facility, with corresponding exposure levels; 19 § 2. This act shall take effect on the one hundred twentieth day after 20 it shall have become a law; provided however, that the amendments to 21 subdivision 6 of section 3502 of the public health law made by section 22 one of this act shall not affect the repeal of such subdivision and 23 shall be deemed repealed therewith. Effective immediately, the addition, 24 amendment and/or repeal of any rule or regulation necessary for the 25 implementation of this act on its effective date are authorized to be 26 made and completed on or before such effective date. 27 PART D 28 Section 1. Subdivision 4 of section 7 of the correction law, as 29 amended by section 5 of subpart A of Part C of section 62 of the laws of 30 2011, is amended to read as follows: 31 4. The commissioner shall not appoint any person as a correction offi- 32 cer, unless such person has attained his or her nineteenth birthday, or 33 as a parole officer, unless such person has attained his or her twenty- 34 first birthday. 35 § 2. This act shall take effect immediately. 36 PART E 37 Section 1. The executive law is amended by adding a new section 236 to 38 read as follows: 39 § 236. Criminal offenses involving the discharge of any firearm, shot- 40 gun, or rifle. The division of state police shall maintain a statewide 41 repository of data relating to criminal offenses involving the discharge 42 of any firearm, shotgun, or rifle and shall develop and implement a 43 program to provide for the collection of such data and the reporting 44 thereof by law enforcement agencies. The superintendent of the division 45 of state police shall adopt and promulgate regulations prescribing 46 reporting procedures for such state or local law enforcement agencies, 47 including the form for reporting such information. Data acquired by law 48 enforcement agencies relating to criminal offenses involving the 49 discharge of any firearm, shotgun, or rifle shall be sent to the reposi- 50 tory as soon as practicable, but in no case more than seventy-two hours 51 after the agency has determined that the firearm, rifle, or shotgun 52 discharge occurred in connection with a criminal offense. In addition
S. 4005--A 16 A. 3005--A 1 to any other information which the superintendent of the division of 2 state police may require, the reporting shall include: (a) the location 3 of the incident; (b) the nature of the criminal offense and the circum- 4 stances of the firearm, rifle, or shotgun discharge; (c) the nature and 5 extent of any injuries suffered as a result of the firearm, rifle, or 6 shotgun discharge; (d) the firearm, rifle, or shotgun manufacturer, 7 model, serial number, caliber, and any ammunition microstamping identi- 8 fier; (e) whether the firearm, rifle, or shotgun has been recovered by a 9 law enforcement agency; (f) whether an arrest has been made and, if so, 10 the crimes charged; and (g) any information related to any ammunition 11 cartridge cases recovered at the scene including, but not limited to, 12 the caliber and manufacturer. 13 § 2. This act shall take effect on the one hundred eightieth day after 14 it shall have become a law. 15 PART F 16 Section 1. This act enacts into law components of legislation relating 17 to firearms and body armor. Each component is wholly contained within a 18 Part identified as Subparts A through B. The effective date for each 19 particular provision contained within such Subpart is set forth in the 20 last section of such Subpart. Any provision in any section contained 21 within a Subpart, including the effective date of the Subpart, which 22 makes a reference to a section "of this act", when used in connection 23 with that particular component, shall be deemed to mean and refer to the 24 corresponding section of the Subpart in which it is found. Section two 25 of this act sets forth the general effective date of this act. 26 SUBPART A 27 Section 1. Section 265.01-e of the penal law, as added by chapter 371 28 of the laws of 2022, is amended to read as follows: 29 § 265.01-e Criminal possession of a firearm, rifle or shotgun in a 30 sensitive location. 31 1. A person is guilty of criminal possession of a firearm, rifle or 32 shotgun in a sensitive location when such person possesses a firearm, 33 rifle or shotgun in or upon a sensitive location, and such person knows 34 or reasonably should know such location is a sensitive location. 35 2. For the purposes of this section, a sensitive location shall mean: 36 (a) any place owned or under the control of federal, state or local 37 government, for the purpose of government administration, including 38 courts; 39 (b) any location providing health, behavioral health, or chemical 40 dependance care or services; 41 (c) any place of worship [or religious observation], except for those 42 persons responsible for security at such place of worship; 43 (d) libraries, public playgrounds, public parks, and zoos; 44 (e) the location of any program licensed, regulated, certified, fund- 45 ed, or approved by the office of children and family services that 46 provides services to children, youth, or young adults, any legally 47 exempt childcare provider; a childcare program for which a permit to 48 operate such program has been issued by the department of health and 49 mental hygiene pursuant to the health code of the city of New York; 50 (f) nursery schools, preschools, and summer camps; 51 (g) the location of any program licensed, regulated, certified, oper- 52 ated, or funded by the office for people with developmental disabili- 53 ties;
S. 4005--A 17 A. 3005--A 1 (h) the location of any program licensed, regulated, certified, oper- 2 ated, or funded by office of addiction services and supports; 3 (i) the location of any program licensed, regulated, certified, oper- 4 ated, or funded by the office of mental health; 5 (j) the location of any program licensed, regulated, certified, oper- 6 ated, or funded by the office of temporary and disability assistance; 7 (k) homeless shelters, runaway homeless youth shelters, family shel- 8 ters, shelters for adults, domestic violence shelters, and emergency 9 shelters, and residential programs for victims of domestic violence; 10 (l) residential settings licensed, certified, regulated, funded, or 11 operated by the department of health; 12 (m) in or upon any building or grounds, owned or leased, of any educa- 13 tional institutions, colleges and universities, licensed private career 14 schools, school districts, public schools, private schools licensed 15 under article one hundred one of the education law, charter schools, 16 non-public schools, board of cooperative educational services, special 17 act schools, preschool special education programs, private residential 18 or non-residential schools for the education of students with disabili- 19 ties, and any state-operated or state-supported schools; 20 (n) any place, conveyance, or vehicle used for public transportation 21 or public transit, subway cars, train cars, buses, ferries, railroad, 22 omnibus, marine or aviation transportation; or any facility used for or 23 in connection with service in the transportation of passengers, 24 airports, train stations, subway and rail stations, and bus terminals; 25 (o) any establishment [issued a] holding an active license for 26 on-premise consumption pursuant to article four, four-A, five, or six of 27 the alcoholic beverage control law where alcohol is consumed and any 28 establishment licensed under article four of the cannabis law for 29 on-premise consumption; 30 (p) any place used for the performance, art entertainment, gaming, or 31 sporting events such as theaters, stadiums, racetracks, museums, amuse- 32 ment parks, performance venues, concerts, exhibits, conference centers, 33 banquet halls, and gaming facilities and video lottery terminal facili- 34 ties as licensed by the gaming commission; 35 (q) any location being used as a polling place; 36 (r) any public sidewalk or other public area restricted from general 37 public access for a limited time or special event that has been issued a 38 permit for such time or event by a governmental entity, or subject to 39 specific, heightened law enforcement protection, or has otherwise had 40 such access restricted by a governmental entity, provided such location 41 is identified as such by clear and conspicuous signage; 42 (s) any gathering of individuals to collectively express their consti- 43 tutional rights to protest or assemble; 44 (t) the area commonly known as Times Square, as such area is deter- 45 mined and identified by the city of New York; provided such area shall 46 be clearly and conspicuously identified with signage. 47 3. This section shall not apply to: 48 (a) [consistent with federal law, law enforcement who qualify to carry 49 under the federal law enforcement officers safety act,] qualified law 50 enforcement officers who are authorized to carry concealed firearms 51 pursuant to 18 U.S.C 926B, or qualified retired law enforcement officers 52 who are authorized to carry concealed firearms pursuant to 18 U.S.C. 53 926C; 54 (b) persons who are police officers as defined in subdivision thirty- 55 four of section 1.20 of the criminal procedure law;
S. 4005--A 18 A. 3005--A 1 (c) persons who are designated peace officers by section 2.10 of the 2 criminal procedure law; 3 (d) persons who were employed as police officers as defined in subdi- 4 vision thirty-four of section 1.20 of the criminal procedure law but are 5 retired; 6 (e) security guards as defined by and registered under article seven-A 7 of the general business law, who have been granted a special armed 8 registration card, while at the location of their employment and during 9 their work hours as such a security guard; 10 (f) active-duty military personnel; 11 (g) persons licensed under paragraph (c), (d) or (e) of subdivision 12 two of section 400.00 of this chapter while in the course of his or her 13 official duties; 14 (h) a government employee under the express written consent of such 15 employee's supervising government entity for the purposes of natural 16 resource protection and management; 17 (i) persons while lawfully engaged in taking of wildlife or attempts 18 to take wildlife pursuant to a hunting [activity, including hunter 19 education training] license, permit or license issued by the department 20 of environmental conservation, or as otherwise authorized pursuant to 21 the environmental conservation law, and persons while engaged in hunter 22 education training, marksmanship practice, marksmanship competition or 23 training, or training in the safe handling and use of firearms; [or] 24 (j) persons operating a program in a sensitive location out of their 25 residence, [as defined by this section,] which is licensed, certified, 26 authorized, or funded by the state or a municipality, so long as such 27 possession is in compliance with any rules or regulations applicable to 28 the operation of such program and use or storage of firearms; 29 (k) persons, while acting in the scope of their official duties, who 30 are employed in the revenue control and security departments of the 31 metropolitan transportation authority, or the New York city transit 32 authority or an affiliate or subsidiary thereof, who are authorized to 33 carry a firearm as part of their employment; 34 (l) persons while engaged in historical reenactments or motion picture 35 or theatrical productions; 36 (m) persons, while acting within the scope of their official duties, 37 responsible for storage or display of antique firearms, rifles or shot- 38 guns at museums and historic sites; 39 (n) persons while participating in military ceremonies, funerals, and 40 honor guards; or 41 (o) persons while lawfully engaging in learning, practicing, training 42 for, competing in, or travelling into or within the state to learn, 43 practice, train for, or compete in, the sport of biathlon. 44 4. For the purposes of this section, a "public park" shall not include 45 those areas designated as an "Adirondack park" pursuant to subdivision 46 one of section 9-0101 of the environmental conservation law, or desig- 47 nated as a "Catskill park" pursuant to subdivision two of section 9-0101 48 of the environmental conservation law. 49 Criminal possession of a firearm, rifle or shotgun in a sensitive 50 location is a class E felony. 51 § 2. Section 265.01-d of the penal law, as added by a chapter 371 of 52 the laws of 2022, is amended to read as follows: 53 § 265.01-d Criminal possession of a weapon in a restricted location. 54 1. A person is guilty of criminal possession of a weapon in a 55 restricted location when such person possesses a firearm, rifle, or 56 shotgun and enters into or remains on or in private property where such
S. 4005--A 19 A. 3005--A 1 person knows or reasonably should know that the owner or lessee of such 2 property has not permitted such possession by clear and conspicuous 3 signage indicating that the carrying of firearms, rifles, or shotguns on 4 their property is permitted or [has] by otherwise [given] giving express 5 consent. 6 2. This section shall not apply to: 7 (a) police officers as defined in section 1.20 of the criminal proce- 8 dure law; 9 (b) persons who are designated peace officers as defined in section 10 2.10 of the criminal procedure law; 11 (c) [persons who were employed as police officers as defined in 12 section 1.20 of the criminal procedure law, but are] qualified law 13 enforcement officers who are authorized to carry concealed firearms 14 pursuant to 18 U.S.C. 926B, or qualified retired law enforcement offi- 15 cers who are authorized to carry concealed firearms pursuant to 18 16 U.S.C. 926C; 17 (d) security guards as defined by and registered under article seven-A 18 of the general business law who has been granted a special armed regis- 19 tration card, while at the location of their employment and during their 20 work hours as such a security guard; 21 (e) active-duty military personnel; 22 (f) persons licensed under paragraph (c), (d) or (e) of subdivision 23 two of section 400.00 of this chapter while in the course of his or her 24 official duties; [or] 25 (g) persons while lawfully engaged in taking of wildlife or attempts 26 to take wildlife pursuant to a hunting [activity] license, permit or 27 license issued by the department of environmental conservation, or as 28 otherwise authorized pursuant to section 11-0707 and 11-0709 of the 29 environmental conservation law, and persons while engaged in hunter 30 education training, marksmanship practice, marksmanship competition or 31 training, or training in the safe handling and use of firearms; or 32 (h) persons, while acting in the scope of their official duties, who 33 are employed in the revenue control and security departments of the 34 metropolitan transportation authority, or the New York city transit 35 authority or an affiliate or subsidiary thereof, who are authorized to 36 carry a firearm as part of their employment. 37 Criminal possession of a weapon in a restricted location is a class E 38 felony. 39 § 3. Subdivision 2 of section 265.45 of the penal law, as added by 40 chapter 371 of the laws of 2022, is amended to read as follows: 41 2. No person shall store or otherwise leave a rifle, shotgun, or 42 firearm out of [his or her] such person's immediate possession or 43 control inside a vehicle without first removing the ammunition from and 44 securely locking such rifle, shotgun, or firearm in an appropriate safe 45 storage depository out of sight from outside of the vehicle; provided, 46 however, this subdivision shall not apply to police officers as defined 47 pursuant to subdivision thirty-four of section 1.20 of the criminal 48 procedure law, qualified law enforcement officers who are authorized to 49 carry concealed firearms pursuant to 18 U.S.C. 926B, or persons in the 50 military service of the United States or the state of New York when 51 acting in the course of such person's official military duty or employ- 52 ment. 53 § 4. Section 270.21 of the penal law, as amended by chapter 371 of the 54 laws of 2022, is amended to read as follows: 55 § 270.21 Unlawful purchase of body armor in the second degree.
S. 4005--A 20 A. 3005--A 1 A person is guilty of the unlawful purchase of body armor in the 2 second degree when, not being engaged or employed in an eligible profes- 3 sion, they knowingly purchase or take possession of body armor, as such 4 term is defined in subdivision two of section 270.20 of this article. 5 This section shall not apply to individuals or entities engaged or 6 employed in eligible professions, which shall include police officers as 7 defined in section 1.20 of the criminal procedure law, peace officers as 8 defined in section 2.10 of the criminal procedure law, [persons in mili- 9 tary service in the state of New York or military or other service for 10 the United States,] and such other professions designated by the depart- 11 ment of state in accordance with section one hundred forty-four-a of the 12 executive law. As it relates to knowingly taking possession of body 13 armor, this section shall not apply to persons in the military service 14 for the state of New York or military or other service for the United 15 States who are issued body armor as a requirement of such service. 16 "Eligible professions" shall not include members of the unorganized 17 militia as defined pursuant to subdivision two of section two of the 18 military law. 19 Unlawful purchase of body armor in the second degree is a class A 20 misdemeanor [for a first offense and a class E felony for any subsequent 21 offense]. 22 § 5. The penal law is amended by adding a new section 270.21-a to read 23 as follows: 24 § 270.21-a Unlawful purchase of body armor in the first degree. 25 A person is guilty of the unlawful purchase of body armor in the first 26 degree when: 27 1. not being engaged or employed in an eligible profession, they know- 28 ingly purchase or take possession of body armor, as such term is defined 29 in subdivision two of section 270.20 of this article. This section shall 30 not apply to individuals or entities engaged or employed in eligible 31 professions, which shall include police officers as defined in section 32 1.20 of the criminal procedure law, peace officers as defined in section 33 2.10 of the criminal procedure law, and such other professions desig- 34 nated by the department of state in accordance with section one hundred 35 forty-four-a of the executive law. As it relates to knowingly taking 36 possession of body armor, this section shall not apply to persons in the 37 military service for the state of New York or military or other service 38 for the United States who are issued body armor as a requirement of such 39 service. "Eligible professions" shall not include members of the unor- 40 ganized militia as defined pursuant to subdivision two of section two of 41 the military law; and 42 2. has been convicted of the crime of unlawful purchase of body armor 43 in the second degree within the previous ten years. 44 Unlawful purchase of body armor in the first degree is a class E felo- 45 ny. 46 § 6. Section 270.22 of the penal law, as amended by a chapter 371 of 47 the laws of 2022, is amended to read as follows: 48 § 270.22 Unlawful sale of body armor in the second degree. 49 A person is guilty of the unlawful sale of body armor in the second 50 degree when they sell, exchange, give or dispose of body armor, as such 51 term is defined in subdivision two of section 270.20 of this article, to 52 an individual whom they know or reasonably should have known is not 53 engaged or employed in an eligible profession, as such term is defined 54 in section 270.21 of this article.
S. 4005--A 21 A. 3005--A 1 Unlawful sale of body armor in the second degree is a class A misde- 2 meanor [for the first offense and a class E felony for any subsequent 3 offense]. 4 § 7. The penal law is amended by adding a new section 270.22-a to read 5 as follows: 6 § 270.22-a Unlawful sale of body armor in the first degree. 7 A person is guilty of the unlawful sale of body armor in the first 8 degree when: 9 1. they sell, exchange, give or dispose of body armor, as such term is 10 defined in subdivision two of section 270.20 of this article, to an 11 individual whom they know or reasonably should have known is not engaged 12 or employed in an eligible profession, as such term is defined in 13 section 270.21 of this article; and 14 2. they have been convicted of the crime of unlawful sale of body 15 armor in the second degree within the previous ten years. 16 Unlawful sale of body armor in the first degree is a class E felony. 17 § 8. This act shall take effect immediately. 18 SUBPART B 19 Section 1. Section 265.65 of the penal law, as added by chapter 212 of 20 the laws of 2022, is amended and a new section 265.65-a is added to read 21 as follows: 22 § 265.65 Criminal purchase of a semiautomatic rifle in the second 23 degree. 24 A person is guilty of criminal purchase of a semiautomatic rifle in 25 the second degree when [he or she] such person purchases or takes 26 possession of a semiautomatic rifle and does not possess a license to 27 purchase or take possession of a semiautomatic rifle as provided in 28 subdivision two of section 400.00 of this chapter. [Criminal purchase 29 of a semiautomatic rifle is a class A misdemeanor for the first offense 30 and a class E felony for subsequent offenses] This section shall not 31 apply to police officers, as defined pursuant to subdivision thirty-four 32 of section 1.20 of the criminal procedure law, peace officers as defined 33 pursuant to section 2.10 of the criminal procedure law, except those 34 peace officers who are not authorized under such section to carry or 35 possess a firearm unless the appropriate license therefore has been 36 issued pursuant to section 400.00 of this chapter, persons in the mili- 37 tary service of the United States or the state of New York when acting 38 in the course of their official military duties or employment, or deal- 39 ers in firearms as defined pursuant to subdivision nine of section 40 265.00 of this article. 41 Criminal purchase of a semiautomatic rifle in the second degree is a 42 class A misdemeanor. 43 § 265.65-a Criminal purchase of a semiautomatic rifle in the first 44 degree. 45 A person is guilty of criminal purchase of a semiautomatic rifle in 46 the first degree when such person: 47 1. purchases or takes possession of a semiautomatic rifle and does not 48 possess a license to purchase or take possession of such semiautomatic 49 rifle as provided in subdivision two of section 400.00 of this chapter. 50 This section shall not apply to police officers as defined pursuant to 51 subdivision thirty-four of section 1.20 of the criminal procedure law, 52 peace officers as defined pursuant to section 2.10 of the criminal 53 procedure law, persons in the military service of the United States or 54 the state of New York when acting in the course of their official mili-
S. 4005--A 22 A. 3005--A 1 tary duties or employment, or dealers in firearms as defined pursuant to 2 subdivision nine of section 265.00 of this article; and 3 2. has been convicted of criminal purchase of a semiautomatic rifle in 4 the second degree within the previous ten years. 5 Criminal purchase of a semiautomatic rifle in the first degree is a 6 class E felony. 7 § 2. Section 265.66 of the penal law, as added by chapter 212 of the 8 laws of 2022, is amended to read as follows: 9 § 265.66 Criminal sale of a semiautomatic rifle. 10 A person is guilty of criminal sale of a semiautomatic rifle when, 11 knowing or having reason to know it is a semiautomatic rifle, [he or 12 she] such person sells, exchanges, gives or disposes of a semiautomatic 13 rifle to another person and such other person does not possess a license 14 to purchase or take possession of a semiautomatic rifle as provided in 15 subdivision two of section 400.00 of this chapter. This section shall 16 not apply to a sale, exchange, or other disposition of a semiautomatic 17 rifle to a person who is a police officer as defined pursuant to subdi- 18 vision thirty-four of section 1.20 of the criminal procedure law, a 19 peace officer as defined pursuant to section 2.10 of the criminal proce- 20 dure law, except those peace officers who are not authorized under such 21 section to carry or possess a firearm unless the appropriate license 22 therefore has been issued pursuant to section 400.00 of this chapter, a 23 person in the military service of the United States or the state of New 24 York when acting in the course of their official military duties or 25 employment, or a dealer in firearms as defined pursuant to subdivision 26 nine of section 265.00 of this article. 27 Criminal sale of a semiautomatic rifle is a class E felony. 28 § 3. This act shall take effect on the thirtieth day after it shall 29 have become a law. 30 § 2. This act shall take effect immediately; provided, however, that 31 the applicable effective date of Subparts A through B of this act shall 32 be as specifically set forth in the last section of such Subparts. 33 PART G 34 Section 1. The state finance law is amended by adding a new section 35 99-qq to read as follows: 36 § 99-qq. Hazard mitigation state revolving loan fund. 1. There is 37 hereby established within the custody of the state comptroller a new 38 fund to be known as the "hazard mitigation revolving loan fund". 39 2. The fund shall consist of all moneys appropriated therefore, all 40 moneys received by the state pursuant to a capitalization grant from the 41 federal emergency management agency in accordance with the Safeguarding 42 Tomorrow through Ongoing Risk Mitigation Act of 2020 (STORM Act) (P.L. 43 116-284), payments of principal and interest on loans made from the 44 fund, and interest earned on amounts in the fund. 45 3. Moneys of the account, when allocated, shall be available to the 46 commissioner of the Division of Homeland Security and Emergency Services 47 to make loans pursuant to section seven hundred nineteen of the execu- 48 tive law. 49 § 2. The executive law is amended by adding a new section 719 to read 50 as follows: 51 § 719. Loans for eligible hazard mitigation activities. 1. The 52 commissioner may make loans to local governments for eligible hazard 53 mitigation activities, as defined in the STORM Act and corresponding 54 federal regulations, to reduce disaster risks for homeowners, busi-
S. 4005--A 23 A. 3005--A 1 nesses, non-profit organizations, and communities subject to available 2 funds for such purpose pursuant to section ninety-nine-qq of the state 3 finance law. 4 2. The commissioner may make loans under this section subject to such 5 other terms and conditions of the STORM Act, and related federal and 6 state rules, regulations, policies and guidelines. 7 § 3. This act shall take effect immediately. 8 PART H 9 Section 1. Section 2 of the volunteer firefighters' benefit law, as 10 amended by chapter 476 of the laws of 2018, is amended to read as 11 follows: 12 § 2. Purpose. One of the finest traditions of American community life 13 is the service which people render to others [without remuneration]. 14 Volunteer firefighters have long been in the forefront of this group. In 15 recognition of the unselfish service by these volunteers, government has 16 undertaken to provide for them and their families some measure of 17 protection against loss from death or injuries in line of duty. Over the 18 years there has developed a dual system of benefits when volunteer fire- 19 fighters are killed or injured. The dual system has caused uncertainty 20 and confusion. This law establishes a new single system of benefits for 21 volunteer firefighters and provides for the administration of such 22 system by the workers' compensation board and the chairman of such 23 board. 24 It is hereby declared that this chapter is intended to effectuate the 25 objects and purposes of section eighteen of article one of the state 26 constitution and that the relationship between the political subdivision 27 liable for benefits under this chapter and a volunteer firefighter enti- 28 tled to such benefits is that of employer and employee within the mean- 29 ing of such provision of the state constitution. 30 § 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit 31 law, as amended by chapter 458 of the laws of 1996, is amended to read 32 as follows: 33 3. "Line of duty" means the performance by a volunteer firefighter as 34 a volunteer firefighter of the duties and activities described in subdi- 35 vision one of section five of this chapter and the same such duties and 36 activities performed for a specialized team established pursuant to the 37 provisions of section two hundred nine-bb of the general municipal law 38 for which the volunteer firefighter does not receive any remuneration or 39 a gratuity and shall be deemed to include any date of injury as deter- 40 mined by the workers' compensation board pursuant to the provisions of 41 section forty-one of this chapter. The following shall not be deemed to 42 be remuneration or a gratuity: payment of a nominal fee as outlined in 43 section two hundred-aa of the general municipal law; reimbursement of 44 expenses for meals, lodging and actual and necessary travel; the receipt 45 of a mileage allowance in lieu of travel expense; reimbursement of 46 expenses for registration and tuition fees payable under section seven- 47 ty-two-g of the general municipal law, and the acceptance of transporta- 48 tion, food, drink, shelter, clothing and similar items while on duty or 49 engaged in such activities. 50 § 3. The general municipal law is amended by adding a new section 51 200-aa to read as follows: 52 § 200-aa. Nominal fee for volunteer firefighters. 1. For purposes of 53 this section:
S. 4005--A 24 A. 3005--A 1 (a) "fire company" shall have the same meaning as defined in section 2 three of the volunteer firefighters' benefit law. 3 (b) "nominal fee" means payment to a volunteer firefighter of a 4 stipend or a fee for a per call or on call basis. The payment of the 5 nominal fee is not a substitute for compensation and must not be tied to 6 productivity. 7 (c) "volunteer firefighter" shall have the same meaning as defined in 8 section three of the volunteer firefighters' benefit law. 9 2. The governing board of a city, town, village or fire district may, 10 by local law, ordinance or resolution, authorize a fire company to 11 provide nominal fees to volunteer firefighters for: (a) response to a 12 fire, alarm of fire, hazardous material incident or other emergency to 13 which their fire department, fire company, or any unit thereof, either 14 has responded or would be required or authorized to respond; and (b) for 15 completion of certain training, as identified and published by the 16 office of fire prevention and control. 17 3. The office of fire prevention and control may make available state 18 funds through a stipend to volunteer firefighters for completion of 19 certain firefighter training, as identified and published by the office 20 of fire prevention and control. 21 § 4. Subdivision 2 of section 517 of the labor law is amended by 22 adding a new paragraph (j) to read as follows: 23 (j) Any nominal fee paid to a volunteer firefighter pursuant to 24 section two hundred-aa of the general municipal law. 25 § 5. Subparagraph (m) of the opening paragraph of subdivision 5 of 26 section 651 of the labor law, as amended by chapter 105 of the laws of 27 2019, is amended to read as follows: 28 (m) by a federal, state or municipal government or political subdivi- 29 sion thereof, including volunteer firefighters as defined in section 30 three of the volunteer firefighters' benefit law; 31 § 6. Section 35 of the civil service law is amended by adding a new 32 subdivision (l) to read as follows: 33 (l) all volunteer firefighters as defined by section three of the 34 volunteer firefighters' benefit law. 35 § 7. Subdivision 7 of section 201 of the civil service law is amended 36 by adding a new paragraph (h) to read as follows: 37 (h) The term "public employee" shall not mean a volunteer firefighter 38 as defined by section three of the volunteer firefighters' benefit law 39 for purposes of this article. 40 § 8. Paragraph (c) of subdivision 1 of section 205-g of the general 41 municipal law, as added by chapter 559 of the laws of 2006, is amended 42 to read as follows: 43 c. "Line of duty" means the performance by a volunteer firefighter of 44 the duties and activities described in subdivision one of section five 45 of the volunteer firefighters' benefit law and the same such duties and 46 activities performed for a specialized team established pursuant to the 47 provisions of section two hundred nine-bb of this article for which the 48 volunteer firefighter does not receive any remuneration or a gratuity 49 and shall be deemed to include any date of injury as determined by the 50 workers' compensation board pursuant to the provisions of section 51 forty-one of the volunteer firefighters' benefit law. The following 52 shall not be deemed to be remuneration or a gratuity: reimbursement of 53 expenses for meals, lodging and actual and necessary travel; the receipt 54 of a mileage allowance in lieu of travel expense; reimbursement of 55 expenses for registration and tuition fees payable under section seven- 56 ty-two-g of this chapter, [and] the acceptance of transportation, food,
S. 4005--A 25 A. 3005--A 1 drink, shelter, clothing and similar items while on duty or engaged in 2 such activities; and payment of a nominal fee as outlined in section 3 200-aa of this article. 4 § 9. Section 209-d of the general municipal law, as amended by chapter 5 476 of the laws of 2018, is amended to read as follows: 6 § 209-d. Contracts for outside service by volunteer fire departments 7 and companies. Notwithstanding any other provision of law, no contract 8 shall be made by a municipality or fire district whereby the services of 9 a volunteer fire department or company are to be supplied outside of 10 such municipality or fire district to provide (1) fire protection, (2) 11 emergency service in case of accidents, calamities or other emergencies, 12 or (3) general ambulance service pursuant to the provisions of section 13 two hundred nine-b of this article, unless such volunteer fire depart- 14 ment or company consents thereto. Any such contract may provide for the 15 payment of a portion of the consideration expressed therein to such 16 volunteer fire department or company to be expended for fire department 17 or company purposes only. If the municipality or fire district owns all 18 of the fire apparatus to be used in carrying out the contract, the 19 portion of the consideration which may be paid to such volunteer fire 20 department or company shall not exceed thirty-five per centum, unless a 21 greater portion was being so paid on March fifteenth, nineteen hundred 22 forty-one, under a contract entered into on or before that date, in 23 which event a not greater portion than was being paid on said date may 24 be paid to such volunteer fire department or company in respect to any 25 contract entered into on or after such date. No payments shall be made 26 to individual volunteer firefighters as compensation for rendering such 27 outside service. The payment of a nominal fee to a volunteer firefighter 28 pursuant to section two hundred-aa of this article shall not constitute 29 compensation for rendering such outside service. 30 § 10. This act shall take effect immediately. 31 PART I 32 Section 1. Subdivision 7 of section 575 of the executive law is 33 REPEALED and a new subdivision 7 is added to read as follows: 34 7. Model domestic and gender-based violence policy for New York state 35 and its counties. (a) The office shall convene a task force of state and 36 county level municipal officials, including but not limited to the 37 following: commissioners of local departments of social services, 38 members of the judiciary or their representatives, directors of domestic 39 violence programs, representatives from statewide and national advocacy 40 organizations for the prevention of domestic and gender-based violence, 41 including the New York state coalition against domestic violence and the 42 New York state coalition against sexual assault, directors of sexual 43 violence programs, representatives from statewide and national advocacy 44 organizations for the prevention of sexual violence, local hospitals, 45 health and mental health professionals, representatives from continuums 46 of care and other housing providers, local police department chiefs, 47 directors of county departments of probation, education representatives, 48 state agency partners overseeing programs and funding for victims of 49 gender-based violence, including commissioners or delegates from the 50 office of victim services, the office of children and family services, 51 the office of temporary and disability assistance, the department of 52 health, the division of criminal justice services, and members of the 53 New York state interagency task force against human trafficking. In 54 selecting task force members, the office shall seek diversity in repre-
S. 4005--A 26 A. 3005--A 1 sentation in membership by people from intersectional identities which 2 can include diverse cultures, beliefs, abilities and geographic region 3 or those who have worked with culturally specific or population specific 4 survivors. 5 (b) The purpose of the task force shall be to develop a model domestic 6 and gender-based violence policy for counties and the state that fosters 7 a survivor-centered, culturally responsive, and trauma-informed response 8 across all systems providing services to victims of domestic and 9 gender-based violence, by assuring that best practices, policies, proto- 10 cols and procedures are used to address the issue of domestic and 11 gender-based violence. Such policy shall also address, including, but 12 not limited to: 13 (i) how survivors are referred to or access services, with the goal of 14 creating uniform response by social services districts and community- 15 based providers, hospitals and medical providers, mental health and 16 substance use providers, including identification, assessment, inter- 17 vention and referral policies and responses to victims and persons who 18 cause harm; 19 (ii) creating uniform response and investigation by police agencies 20 and other criminal justice agencies to gender-based violence, including 21 use of domestic incident reports, screening tools and assessments, 22 disposition of domestic violence complaints, the provision of informa- 23 tion and orders of protection; 24 (iii) training and appropriate and relevant measures for periodic 25 evaluation of community efforts between the office and other state agen- 26 cies having oversight over any local system; and 27 (iv) other issues as shall be appropriate and relevant for the task 28 force to develop such policy. 29 (c) The office shall convene a public hearing for members of the task 30 force to receive input into the model policy developed pursuant to this 31 subdivision, after which the office shall draft such policy with input 32 from the task force. Such draft shall be circulated for review by the 33 public no later than December first, two thousand twenty-four and 34 amended as necessary to reflect written comments received. 35 (d) The model policy developed pursuant to this subdivision shall be 36 reviewed and approved by the advisory council, and once approved, such 37 model policy shall be posted on the office's website. 38 (e) Notification of the availability of the model domestic and 39 gender-based violence policy developed pursuant to this subdivision 40 shall be made by the office to every county and executive state agency 41 in the state. Upon notification of the availability of such model poli- 42 cy, the office shall set reasonable timeframes for the submission, 43 review, and adoption of all local policies, which shall be adopted no 44 later than six months after the dissemination of such model policy. 45 (f) Upon adoption of the model policy developed pursuant to this 46 subdivision, every county and executive state agency in the state shall 47 submit a certification to the office. 48 (g) The office shall provide training, technical support, and informa- 49 tion to implement the development of the model policy developed pursuant 50 to this subdivision. 51 (h) Nothing contained in this subdivision shall be deemed to prevent 52 the governing body of a county or locality from designating a local 53 advisory committee to investigate the issues, work with providers of 54 domestic and gender-based violence programs and other interested 55 parties, and to aid in the implementation of the policy required by this 56 subdivision. Such governing body or advisory committee may request and
S. 4005--A 27 A. 3005--A 1 shall receive technical assistance from the office for the development 2 of such a policy. Implementation of the model domestic violence policy 3 may take place in a form considered appropriate by the governing body of 4 a county, including guidelines, regulations and local laws. 5 (i) The office, in conjunction with any state agency having oversight 6 over any local system, shall have authority to oversee compliance with 7 the model policy developed pursuant to this subdivision and, upon 8 discovering any compliance concerns, to require corrective actions to 9 come into compliance with such policy. The office shall survey county 10 governments every five years after the issuance of such policy to evalu- 11 ate the effectiveness of such policy, to determine the level of compli- 12 ance with such model domestic and gender-based violence policy, and 13 identify any additional steps necessary to aid in the implementation of 14 such policy. 15 § 2. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. 17 PART J 18 Section 1. Subdivisions 1 and 2 of section 217 of the military law, 19 subdivision 1 as amended by chapter 141 of the laws of 1988, and subdi- 20 vision 2 as amended by chapter 63 of the laws of 1976, are amended to 21 read as follows: 22 1. Any member of the organized militia who (a) shall be disabled or 23 has been so disabled in the performance of any actual service of this 24 state within three years preceding the application for a pension under 25 this chapter, in case of riots, tumults, breach of the peace, resistance 26 to process, invasion, insurrection or imminent danger thereof, or when- 27 ever called upon in aid of the civil authorities, or while engaged in 28 any lawfully ordered parade, drill, encampment or inspection, shall, 29 upon proof of the fact, as hereinafter provided, be placed on the disa- 30 bility retired roll of the state and shall receive out of any moneys in 31 the treasury of the state, not otherwise appropriated, upon the approval 32 of the chief of staff and approval of the governor, the same pension or 33 reward that persons under similar circumstances receive from the United 34 States[.], or 35 (b) was activated on state active duty on or after September eleventh, 36 two thousand one, and participated in World Trade Center site rescue, 37 recovery, or cleanup operations as part of such state active duty, and 38 who is determined to have incurred a qualifying World Trade Center 39 condition shall be entitled to a performance of duty disability pension 40 equivalent to three-quarters of the member's final average salary. The 41 deadline for submitting any qualifying claim under this paragraph shall 42 be on or before September eleventh, two thousand twenty-six. The adju- 43 tant general of the division of military and naval affairs is authorized 44 to promulgate regulations to implement the provisions of this section. 45 2. In case any such member of the organized militia (a) shall die as 46 the result of any such wound, injury or disease within one year after it 47 has been incurred or contracted, the surviving spouse, children under 48 twenty-one years of age or dependent parent of such member of the organ- 49 ized militia shall receive such pension and reward as persons under 50 similar circumstances receive from the United States[.], or 51 (b) was activated on state active duty on or after September eleventh, 52 two thousand one, and participated in World Trade Center site rescue, 53 recovery, or cleanup operations as part of such state active duty, and 54 whose death is determined to be the result of incurring a qualifying
S. 4005--A 28 A. 3005--A 1 World Trade Center condition shall be entitled to an accidental death 2 benefit of one-half of the member's final average salary. The deadline 3 for submitting any qualifying claim under this paragraph shall be on or 4 before September eleventh, two thousand twenty-six. The adjutant general 5 of the division of military and naval affairs is authorized to promul- 6 gate regulations to implement the provisions of this section. 7 § 2. This act shall take effect immediately. 8 PART K 9 Section 1. New York's alcoholic beverage control law was enacted in 10 1934. Since that time, the law has grown organically to meet the chang- 11 ing needs of the industry. However, through that growth over the course 12 of nearly a century, the structure of the law has become unwieldy and 13 inconsistent. Consequently, it is difficult for the industry and regu- 14 lators to understand, implement, enforce, and comply with the law. 15 The State believes that with an open, transparent legislative review 16 process, the alcoholic beverage control law can be properly rewritten. 17 To begin the process of modernizing the state's alcoholic beverage 18 control laws, the New York State Liquor Authority ("SLA") is hereby 19 directed to undertake a review of those laws and recommend changes. Such 20 recommended changes shall focus on clearly and rationally delineating 21 policies, procedures, criteria, and legal standards that are in current 22 law but not in an intelligible form. The SLA shall prepare an amended 23 version of the law containing the proposed changes and post it on their 24 website for public review. 25 § 2. This act shall take effect immediately. 26 PART L 27 Section 1. The alcoholic beverage control law is amended by adding a 28 new section 97-d to read as follows: 29 § 97-d. Temporary wholesale permit. 1. Any person may apply to the 30 liquor authority for a temporary permit to operate any alcoholic bever- 31 age wholesale business as may be licensed under this chapter. Such 32 application shall be in writing and verified and shall contain informa- 33 tion as the liquor authority shall require. Such application shall be 34 accompanied by a check or draft in the amount of one hundred twenty-five 35 dollars for such permit. 36 2. Upon application, the liquor authority may issue such temporary 37 permit when: 38 (a) the applicant has a wholesale license application at the same 39 premises pending before the liquor authority, together with all required 40 filing and license fees; 41 (b) the applicant has obtained and provided evidence of all permits, 42 licenses and other documents necessary for the operation of such a busi- 43 ness; and 44 (c) any current license in effect at the premises that may not under 45 law operate concurrently has been surrendered or placed in safekeeping, 46 or has been deemed abandoned by the authority. 47 3. The liquor authority in granting such permit shall ensure that: 48 (a) issuance of the permit will not inordinately hinder the operation 49 or effective administration of this chapter; 50 (b) the applicant would in all likelihood be able to ultimately obtain 51 the wholesale license being applied for; and S. 4005--A 29 A. 3005--A 1 (c) the applicant has substantially complied with the requirements 2 necessary to obtain such license. 3 4. The application for a permit shall be approved or denied by the 4 liquor authority within forty-five days after the receipt of such appli- 5 cation. 6 5. A temporary permit shall authorize the permittee to operate a 7 wholesale facility for the sale of alcoholic beverages according to the 8 laws applicable to the type of wholesale license being applied for. 9 6. Such temporary permit shall remain in effect for six months or 10 until the wholesale license being applied for is approved and the 11 license granted, whichever is shorter. Such permit may be extended at 12 the discretion of the liquor authority for additional three-month peri- 13 ods of time upon payment of an additional fee of fifty dollars for each 14 such extension. 15 7. Notwithstanding any provision of law to the contrary, a temporary 16 permit may be summarily cancelled or suspended at any time if the liquor 17 authority determines that good cause for cancellation or suspension 18 exists. The liquor authority shall promptly notify the permittee in 19 writing of such cancellation or suspension and shall set forth the 20 reasons for such action. 21 8. The liquor authority in reviewing such application shall review the 22 entire record and grant the temporary permit unless good cause is other- 23 wise shown. A decision on an application shall be based on substantial 24 evidence in the record and supported by a preponderance of the evidence 25 in favor of the applicant. 26 § 2. This act shall take effect on the ninetieth day after it shall 27 have become law. 28 PART M 29 Section 1. The opening paragraph of subdivision 2 of section 99-d of 30 the alcoholic beverage control law, as amended by chapter 560 of the 31 laws of 2011, is amended to read as follows: 32 Before any change in the members of a limited liability company or the 33 transfer or assignment of a membership interest in a limited liability 34 company or any corporate change in stockholders, stockholdings, alcohol- 35 ic beverage officers, officers or directors, except officers and direc- 36 tors of a premises licensed as a club or a luncheon club under this 37 chapter can be effectuated for the purposes of this chapter, there shall 38 be filed with the liquor authority an application for permission to make 39 such change and there shall be paid to the liquor authority in advance 40 upon filing of the application a fee of one hundred twenty-eight 41 dollars. If the authority does not act within ninety days of receipt of 42 such application, the change shall be deemed approved. Provided, howev- 43 er, any change which is in violation of any provision of this chapter, 44 including but not limited to those in sections one hundred one, one 45 hundred twenty-six, and one hundred twenty-eight of this chapter, may 46 not be approved or deemed approved. 47 § 2. This act shall take effect immediately. 48 PART N 49 Section 1. The opening paragraph of subdivision 1 of section 110-b of 50 the alcoholic beverage control law, as amended by chapter 222 of the 51 laws of 2019, is amended to read as follows:
S. 4005--A 30 A. 3005--A 1 Not [less than thirty nor] more than two hundred [and] seventy days 2 before filing any of the following applications provided for in this 3 subdivision, an applicant shall notify the municipality in which the 4 premises is located of such applicant's intent to file such an applica- 5 tion. The proof of notification, provided for in subdivisions six and 6 six-a of this section, must be provided at the time of application; 7 failure to so provide shall constitute good cause for denial. The 8 authority may not act to approve any application subject to this section 9 prior to the passage of thirty days from the date notification was 10 provided to the municipality. This section shall apply to an 11 application: 12 § 2. This act shall take effect immediately. 13 PART O 14 Section 1. Subdivision 3 of section 97-a of the alcoholic beverage 15 control law, as amended by chapter 106 of the laws of 2022, is amended 16 to read as follows: 17 3. A temporary retail permit under paragraph (b) of subdivision one of 18 this section may not be issued for any premises that is subject to the 19 provisions of section sixty-three or seventy-nine of this chapter; a 20 temporary retail permit under paragraph (b) of subdivision one of this 21 section shall not be issued for a premises subject to the provisions of 22 paragraph (b) of subdivision seven of section sixty-four, subparagraph 23 (ii) of paragraph (a) of subdivision seven of section sixty-four-a, 24 subparagraph (ii) of paragraph (a) of subdivision eleven of section 25 sixty-four-c, or paragraph (b) of subdivision eight of section sixty- 26 four-d, unless and until a recommendation that there be a finding of 27 public interest has been made by an administrative law judge pursuant to 28 paragraph (f) of subdivision seven of section sixty-four, paragraph (d) 29 of subdivision seven of section sixty-four-a, paragraph (c) of subdivi- 30 sion five of section sixty-four-b, paragraph (c) of subdivision eleven 31 of section sixty-four-c, or paragraph (e) of subdivision eight of 32 section sixty-four-d of this chapter. Provided however, any premises 33 granted a temporary retail permit pursuant to this subdivision in a city 34 with a population of one million or more people shall only be allowed to 35 operate on the premises under the following conditions: [an active] no 36 retail license [shall have existed] at the applied for location [within 37 the past two years, and such license] shall [not] have been canceled, 38 suspended, or revoked by the authority within the past two years; the 39 closing time any day of the week shall be no later than midnight; 40 provided however that the closing time of any outdoor space shall be no 41 later than ten o'clock post-meridian Sunday through Thursday and eleven 42 o'clock post-meridian Friday and Saturday; no outdoor music; indoors 43 shall have recorded background music only, with no live music, DJ's, 44 karaoke, or similar forms of music; and no dancing. The authority shall 45 automatically lift such restrictions if the authority issues a retail 46 license for the premises, and replace such restrictions with other 47 restrictions, if any, imposed by the authority in accordance with the 48 public interest standard. 49 § 2. Subdivision 4 of section 97-a of the alcoholic beverage control 50 law, as added by chapter 396 of the laws of 2010, is amended to read as 51 follows: 52 4. A temporary retail permit issued by the authority pursuant to this 53 section shall be for a period not to exceed ninety days. A temporary 54 permit may be extended at the discretion of the authority, for an addi-
S. 4005--A 31 A. 3005--A 1 tional [thirty] ninety day period upon payment of an additional fee of 2 sixty-four dollars for all retail beer licenses and ninety-six dollars 3 for all other temporary permits and upon compliance with all conditions 4 required in this section. The authority may, in its discretion, issue 5 additional [thirty] ninety day extensions upon payment of the appropri- 6 ate fee. 7 § 3. Subdivision 6 of section 97-a of the alcoholic beverage control 8 law, as added by chapter 396 of the laws of 2010, is amended to read as 9 follows: 10 6. The holder of a temporary retail permit shall [purchase alcoholic 11 beverages only by payment in currency or check for such alcoholic bever- 12 ages on or before the day such alcoholic beverages are delivered, 13 provided, however, that the holder of a temporary permit issued pursuant 14 to this section who also holds one or more retail licenses and is oper- 15 ating under such retail license or licenses in addition to the temporary 16 retail permit, and who is not delinquent under the provisions of section 17 one hundred one-aa of this chapter as to any retail license under which 18 he operates, may purchase alcoholic beverages on credit under the tempo- 19 rary permit] be subject to sections one hundred one-aa and one hundred 20 one-aaa of this chapter. 21 § 4. Section 5 of chapter 396 of the laws of 2010 amending the alco- 22 holic beverage control law relating to liquidator's permits and tempo- 23 rary retail permits, as amended by section 1 of part M of chapter 55 of 24 the laws of 2022, is amended to read as follows: 25 § 5. This act shall take effect on the sixtieth day after it shall 26 have become a law[, provided that paragraph (b) of subdivision 1 of 27 section 97-a of the alcoholic beverage control law as added by section 28 two of this act shall expire and be deemed repealed October 12, 2023]. 29 § 5. This act shall take effect immediately; provided, however, that 30 section two of this act shall take effect on the ninetieth day after it 31 shall have become a law. 32 PART P 33 Section 1. Section 722-b of the county law, as amended by section 2 of 34 part J of chapter 62 of the laws of 2003, is amended to read as follows: 35 § 722-b. Compensation and reimbursement for representation. 1. All 36 counsel assigned in accordance with a plan of a bar association conform- 37 ing to the requirements of section seven hundred twenty-two of this 38 article whereby the services of private counsel are rotated and coordi- 39 nated by an administrator shall at the conclusion of the representation 40 receive: 41 (a) for representation of a person [entitled to representation by law 42 who is initially charged with a misdemeanor or lesser offense and no 43 felony, compensation for such misdemeanor or lesser offense represen- 44 tation at a rate of sixty dollars per hour for time expended in court or 45 before a magistrate, judge or justice, and sixty] in all cases governed 46 by this article, and arising in New York county, Kings county, Bronx 47 county, Richmond county, Queens county, Suffolk county, Nassau county, 48 Westchester county, Rockland county, Putnam county, Orange county, 49 Dutchess county, Ulster county, and Sullivan county, including all 50 representation in an appellate court, compensation at a rate of one 51 hundred fifty-eight dollars per hour for time expended in court before a 52 magistrate, judge or justice and one hundred fifty-eight dollars per 53 hour for time reasonably expended out of court, and shall receive 54 reimbursement for expenses reasonably incurred; and
S. 4005--A 32 A. 3005--A 1 (b) for representation of a person in all [other] cases governed by 2 this article, arising in all remaining New York state counties, includ- 3 ing all representation in an appellate court, compensation at a rate of 4 [seventy-five] one hundred nineteen dollars per hour for time expended 5 in court before a magistrate, judge or justice and [seventy-five] one 6 hundred nineteen dollars per hour for time reasonably expended out of 7 court, and shall receive reimbursement for expenses reasonably incurred. 8 2. [Except as provided in this section, compensation for time expended 9 in providing representation: 10 (a) pursuant to paragraph (a) of subdivision one of this section shall 11 not exceed two thousand four hundred dollars; and 12 (b) pursuant to paragraph (b) of subdivision one of this section shall 13 not exceed four thousand four hundred dollars. 14 3. For representation on an appeal, compensation and reimbursement 15 shall be fixed by the appellate court. For all other representation, 16 compensation and reimbursement shall be fixed by the trial court judge. 17 In extraordinary circumstances a trial or appellate court may provide 18 for compensation in excess of the foregoing limits and for payment of 19 compensation and reimbursement for expenses before the completion of the 20 representation. 21 4.] Except as provided in this section, compensation for time expended 22 in providing representation pursuant to paragraph (a) of subdivision one 23 of this section shall not exceed ten thousand dollars; and (b) pursuant 24 to paragraph (b) of subdivision one of this section shall not exceed 25 seven thousand dollars. 26 3. Each claim for compensation and reimbursement shall be supported by 27 a sworn statement specifying the time expended, services rendered, 28 expenses incurred and reimbursement or compensation applied for or 29 received in the same case from any other source. No counsel assigned 30 hereunder shall seek or accept any fee for representing the party for 31 whom he or she is assigned without approval of the court as herein 32 provided. 33 § 2. Subdivision 3 of section 35 of the judiciary law, as amended by 34 section 5 of part J of chapter 62 of the laws of 2003, is amended to 35 read as follows: 36 3. (a) No counsel assigned pursuant to this section shall seek or 37 accept any fee for representing the person for whom he or she is 38 assigned without approval of the court as herein provided. Whenever it 39 appears that such person is financially able to obtain counsel or make 40 partial payment for the representation, counsel may report this fact to 41 the court and the court may terminate the assignment or authorize 42 payment, as the interests of justice may dictate, to such counsel. Coun- 43 sel assigned hereunder shall at the conclusion of the representation 44 receive compensation at a rate of [seventy-five]: (i) one hundred 45 fifty-eight dollars per hour for time expended in court[, and seventy- 46 five dollars per hour for time reasonably expended out of court] in the 47 following counties: New York, Kings, Bronx, Richmond, Queens, Suffolk, 48 Nassau, Westchester, Rockland, Putnam, Orange, Dutchess, Ulster, and 49 Sullivan; and (ii) one hundred nineteen dollars per hour for time 50 expended in court in all other New York state counties, and shall 51 receive reimbursement for expenses reasonably incurred. 52 (b) For representation upon a hearing, compensation and reimbursement 53 shall be fixed by the court wherein the hearing was held and such 54 compensation shall not exceed [four thousand four hundred dollars. For 55 representation in an appellate court, compensation and reimbursement 56 shall be fixed by such court and such compensation shall not exceed four
S. 4005--A 33 A. 3005--A 1 thousand four hundred dollars] ten thousand dollars for time expended in 2 providing representation pursuant to subparagraph (i) of paragraph (a) 3 of this subdivision; and seven thousand dollars for time expended in 4 providing representation pursuant to subparagraph (ii) of paragraph (a) 5 of this subdivision. In extraordinary circumstances the court may 6 provide for compensation in excess of the foregoing limits. 7 § 3. This act shall take effect April 1, 2023. Effective immediately, 8 the addition, amendment, and/or repeal of any rule or regulation neces- 9 sary for the implementation of this act on its effective date are 10 authorized to be made and completed on or before such effective date. 11 PART Q 12 Section 1. Section 2 of chapter 303 of the laws of 1988, relating to 13 the extension of the state commission on the restoration of the capitol, 14 as amended by section 1 of part T of chapter 55 of the laws of 2018, is 15 amended to read as follows: 16 § 2. The temporary state commission on the restoration of the capitol 17 is hereby renamed as the state commission on the restoration of the 18 capitol (hereinafter to be referred to as the "commission") and is here- 19 by continued until April 1, [2023] 2028. The commission shall consist 20 of eleven members to be appointed as follows: five members shall be 21 appointed by the governor; two members shall be appointed by the tempo- 22 rary president of the senate; two members shall be appointed by the 23 speaker of the assembly; one member shall be appointed by the minority 24 leader of the senate; one member shall be appointed by the minority 25 leader of the assembly, together with the commissioner of general 26 services and the commissioner of parks, recreation and historic preser- 27 vation. The term for each elected member shall be for three years, 28 except that of the first five members appointed by the governor, one 29 shall be for a one year term, and two shall be for a two year term, and 30 one of the first appointments by the president of the senate and by the 31 speaker of the assembly shall be for a two year term. Any vacancy that 32 occurs in the commission shall be filled in the same manner in which the 33 original appointment was made. The commission shall elect a chairman and 34 a vice-chairman from among its members. The members of the state 35 commission on the restoration of the capitol shall be deemed to be 36 members of the commission until their successors are appointed. The 37 members of the commission shall receive no compensation for their 38 services, but shall be reimbursed for their expenses actually and neces- 39 sarily incurred by them in the performance of their duties hereunder. 40 § 2. Section 9 of chapter 303 of the laws of 1988, relating to the 41 extension of the state commission on the restoration of the capitol, as 42 amended by section 2 of part T of chapter 55 of the laws of 2018, is 43 amended to read as follows: 44 § 9. This act shall take effect immediately, and shall remain in full 45 force and effect until April 1, [2023] 2028. 46 § 3. This act shall take effect immediately and shall be deemed to 47 have been in full force and effect on and after April 1, 2023; provided 48 that the amendments to section 2 of chapter 303 of the laws of 1988 made 49 by section one of this act shall not affect the expiration of such chap- 50 ter, and shall be deemed to expire therewith. 51 PART R
S. 4005--A 34 A. 3005--A 1 Section 1. Subdivision 7 of section 163 of the state finance law, as 2 amended by section 2 of subpart A of part KK of chapter 57 of the laws 3 of 2018, is amended to read as follows: 4 7. Method of procurement. Consistent with the requirements of subdivi- 5 sions three and four of this section, state agencies shall select among 6 permissible methods of procurement including, but not limited to, an 7 invitation for bid, request for proposals or other means of solicitation 8 pursuant to guidelines issued by the state procurement council. State 9 agencies may [accept] require electronic submission as the sole method 10 for the submission of bids [electronically] for commodity, service and 11 technology contracts, including submission of the statement of non-col- 12 lusion required by section one hundred thirty-nine-d of this chapter, 13 and the statement of certification required by section one hundred thir- 14 ty-nine-l of this chapter[,] and[, starting April first, two thousand 15 twelve, and ending March thirty-first, two thousand fifteen,] may[, for 16 commodity, service and technology] require electronic signatures on all 17 documents required for submission of a bid, any resulting contracts 18 [require electronic submission as the sole method for the submission of 19 bids for the solicitation], and required submissions during the term of 20 any contract. [State agencies shall undertake no more than eighty-five 21 such electronic bid solicitations, none of which shall be reverse 22 auctions, prior to April first, two thousand fifteen. In addition, state 23 agencies may conduct up to twenty reverse auctions through electronic 24 means, prior to April first, two thousand fifteen.] Prior to requiring 25 the electronic submission of bids, the agency shall make a determi- 26 nation, which shall be documented in the procurement record, that elec- 27 tronic submission affords a fair and equal opportunity for offerers to 28 submit responsive offers, and that the electronic signature complies 29 with the provisions of article three of the state technology law. 30 [Within thirty days of the completion of the eighty-fifth electronic bid 31 solicitation, or by April first, two thousand fifteen, whichever is 32 earlier, the commissioner shall prepare a report assessing the use of 33 electronic submissions and make recommendations regarding future use of 34 this procurement method. In addition, within thirty days of the 35 completion of the twentieth reverse auction through electronic means, or 36 by April first, two thousand fifteen, whichever is earlier, the commis- 37 sioner shall prepare a report assessing the use of reverse auctions 38 through electronic means and make recommendations regarding future use 39 of this procurement method. Such reports shall be published on the 40 website of the office of general services.] Except where otherwise 41 provided by law, procurements shall be competitive, and state agencies 42 shall conduct formal competitive procurements to the maximum extent 43 practicable. State agencies shall document the determination of the 44 method of procurement and the basis of award in the procurement record. 45 Where the basis for award is the best value offer, the state agency 46 shall document, in the procurement record and in advance of the initial 47 receipt of offers, the determination of the evaluation criteria, which 48 whenever possible, shall be quantifiable, and the process to be used in 49 the determination of best value and the manner in which the evaluation 50 process and selection shall be conducted. 51 § 2. Subdivision 7-a of section 163 of the state finance law is 52 REPEALED. 53 § 3. This act shall take effect immediately; provided, however, that 54 the amendments to section 163 of the state finance law made by section 55 one of this act shall not affect the repeal of such section and shall be 56 deemed repealed therewith.
S. 4005--A 35 A. 3005--A 1 PART S 2 Section 1. Section 57 of the civil service law, as added by chapter 3 83 of the laws of 1963, is amended to read as follows: 4 § 57. Continuous recruitment for certain positions. Notwithstanding 5 any other provisions of this chapter or any other law, the civil service 6 department or a municipal commission may establish a continuing eligible 7 list for any class of positions for which it finds [inadequate numbers 8 of well qualified persons available for recruitment] such lists appro- 9 priate. The civil service department may only establish continuing 10 eligible lists for any class of positions filled through open compet- 11 itive examination. Names of eligibles shall be inserted in such list 12 from time to time as applicants are tested and found qualified in exam- 13 inations held at such intervals as may be prescribed by the civil 14 service department or municipal commission having jurisdiction. Such 15 successive examinations shall, so far as practicable, be constructed and 16 rated so as to be equivalent tests of the merit and fitness of candi- 17 dates. The name of any candidate who passes any such examination and who 18 is otherwise qualified shall be placed on the continuing eligible list 19 in the rank corresponding to his or her final rating on such examina- 20 tion. The period of eligibility of successful candidates for certif- 21 ication and appointment from such continuing eligible list, as a result 22 of any such examination, shall be fixed by the civil service department 23 or municipal commission but, except as a list may reach an announced 24 terminal date, such period shall not be less than one year; nor shall 25 such period of eligibility exceed four years. Subject to such conditions 26 and limitations as the civil service department or municipal commission 27 may prescribe, a candidate may take more than one such examination; 28 provided, however, that no such candidate shall be certified simultane- 29 ously with more than one rank on the continuing eligible list. With 30 respect to any candidate who applies for and is granted additional cred- 31 it in any such examination as a disabled or non-disabled veteran, and 32 for the limited purpose of granting such additional credit, the eligible 33 list shall be deemed to be established on the date on which his or her 34 name is added thereto. 35 § 2. This act shall take effect immediately. 36 PART T 37 Section 1. Subdivision 1 of section 55-b of the civil service law, as 38 amended by chapter 603 of the laws of 1995, is amended to read as 39 follows: 40 1. The commission may determine up to [twelve] seventeen hundred posi- 41 tions with duties such as can be performed by persons with a physical or 42 mental disability who are found otherwise qualified to perform satisfac- 43 torily the duties of any such position. Upon such determination the said 44 positions shall be classified in the noncompetitive class, and may be 45 filled only by persons who shall have been certified by the employee 46 health service of the department as being a person with either a phys- 47 ical or mental disability. The number of persons appointed pursuant to 48 this section shall not exceed [twelve] seventeen hundred. 49 § 2. Section 55-b of the civil service law is amended by adding a new 50 subdivision 3 to read as follows: 51 3. Those employees hired under subdivision one of this section shall 52 be afforded the opportunity to transfer into competitive class positions
S. 4005--A 36 A. 3005--A 1 so long as they meet the requirements for transfer pursuant to section 2 fifty-two of this title and section seventy of this chapter. 3 § 3. Section 55-c of the civil service law, as amended by chapter 603 4 of the laws of 1995, is amended by adding a new subdivision 4 to read as 5 follows: 6 4. Those employees hired under subdivision one of this section shall 7 be afforded the opportunity to transfer into competitive class positions 8 so long as they meet the requirements for transfer pursuant to section 9 fifty-two of this title and section seventy of this chapter. 10 § 4. This act shall take effect immediately. 11 PART U 12 Section 1. Subdivision (a) of section 5004 of the civil practice law 13 and rules, as amended by chapter 831 of the laws of 2021, is amended to 14 read as follows: 15 (a) [Interest shall be at the rate of nine per centum per annum, 16 except where otherwise provided by statute; provided] Notwithstanding 17 any other provision of law or regulation to the contrary, including any 18 law or regulation that limits the annual rate of interest to be paid on 19 a judgment or accrued claim, the annual rate of interest to be paid on a 20 judgment or accrued claim shall be calculated at the one-year United 21 States treasury bill rate. For purposes of this section, the "one-year 22 United States treasury bill rate" means the weekly average one-year 23 constant maturity treasury yield, as published by the board of governors 24 of the federal reserve system, for the calendar week preceding the date 25 of the entry of the judgment awarding damages; provided however, that 26 this section shall not apply to any provision of the tax law which 27 provides for the annual rate of interest to be paid on a judgment or 28 accrued claim. Provided, however, the annual rate of interest to be paid 29 in an action arising out of a consumer debt where a natural person is a 30 defendant shall be two per centum per annum (i) on a judgment or accrued 31 claim for judgments entered on or after the effective date of [the] 32 chapter eight hundred thirty-one of the laws of two thousand twenty-one 33 [which amended this section], and (ii) for interest upon a judgment 34 pursuant to section five thousand three of this article from the date of 35 the entry of judgment on any part of a judgment entered before the 36 effective date of [the] chapter eight hundred thirty-one of the laws of 37 two thousand twenty-one [which amended this section] that is unpaid as 38 of such effective date. 39 § 2. Section 16 of the state finance law, as amended by chapter 681 of 40 the laws of 1982, is amended to read as follows: 41 § 16. Rate of interest on judgments and accrued claims against the 42 state. The rate of interest to be paid by the state upon any judgment 43 or accrued claim against the state shall [not exceed nine per centum per 44 annum] be calculated at the one-year United States treasury bill rate. 45 For the purposes of this section, the "one-year United States treasury 46 bill rate" means the weekly average one-year constant maturity treasury 47 yield, as published by the board of governors of the federal reserve 48 system, for the calendar week preceding the date of the entry of the 49 judgment awarding damages. Provided however, that this section shall not 50 apply to any provision of the tax law which provides for the annual rate 51 of interest to be paid on a judgment or accrued claim. 52 § 3. This act shall take effect immediately, and shall be deemed to 53 have been in full force and effect on and after April 1, 2023.
S. 4005--A 37 A. 3005--A 1 PART V 2 Section 1. Part HH of chapter 56 of the laws of 2022, amending the 3 retirement and social security law relating to waiving approval and 4 income limitations on retirees employed in school districts and board of 5 cooperative educational services, is amended to read as follows: 6 § 2. Notwithstanding any other provision of law to the contrary, none 7 of the provisions of this act shall be subject to section 25 of the 8 retirement and social security law. 9 § 3. This act shall take effect immediately and shall expire and be 10 deemed repealed June 30, [2023] 2024. 11 § 2. This act shall take effect immediately. 12 PART W 13 Section 1. Paragraphs 2 and 3 of subdivision e of section 19-a of the 14 retirement and social security law, as amended by chapter 48 of the laws 15 of 2017, are amended to read as follows: 16 (2) For any given fiscal year for which (i) the system actuarial 17 contribution rate exceeds nine and one-half percent of payroll as of the 18 end of the previous fiscal year, and (ii) an employer's average actuari- 19 al contribution rate exceeds the [system] employer's graded contribution 20 rate or the alternative [system] employer's graded contribution rate, 21 the balance in the employer's account within such fund shall be applied 22 to reduce the employer's payment to the retirement system for such 23 fiscal year in an amount not to exceed the difference between the 24 employer's actuarial contribution and the employer's graded contribution 25 for the fiscal year. 26 (3) Notwithstanding the provisions of paragraph two of this subdivi- 27 sion, if at the close of any given fiscal year the balance of an employ- 28 er's account within the fund exceeds [one hundred percent of] the 29 employer's [payroll] actuarial contribution for the previous fiscal 30 year, [the excess shall be applied to reduce the employer's payment to 31 the retirement system for the next succeeding fiscal year] no graded 32 payment shall be required or allowed. 33 § 2. Section 19-a of the retirement and social security law is amended 34 by adding a new subdivision f to read as follows: 35 f. (1) An amortizing employer may elect to terminate participation in 36 the contribution stabilization program provided that such employer shall 37 have paid in full all such prior year amortization amounts including 38 interest as determined by the comptroller. Furthermore, any amortizing 39 employer that has terminated participation in the contribution stabili- 40 zation program may re-enter the program in a year in which the employer 41 is eligible to amortize and their employer contribution reserve fund has 42 been depleted. 43 (2) An alternative amortizing employer may elect to terminate partic- 44 ipation in the alternative contribution stabilization program provided 45 that such employer shall have paid in full all such prior year amorti- 46 zation amounts including interest as determined by the comptroller. 47 Furthermore, any alternative amortizing employer that has terminated 48 participation in the alternative contribution stabilization program may 49 not re-enter the alternative contribution stabilization program; 50 provided, however, such employer may enter the regular contribution 51 stabilization program as set forth in paragraph one of this subdivision. 52 (3) In order to terminate participation in the contribution stabiliza- 53 tion or alternative contribution stabilization program, such employer
S. 4005--A 38 A. 3005--A 1 must file an election on a form prescribed by the comptroller. Such 2 election is subject to review and approval by the comptroller. 3 (4) Termination shall take effect for the fiscal year billing cycle 4 following the fiscal year of approval. An employer who has been approved 5 to terminate from the contribution stabilization or alternative contrib- 6 ution stabilization program pursuant to this section shall not be 7 required to make a graded payment starting in the following fiscal year 8 billing cycle. 9 (5) In the event an employer in the contribution stabilization program 10 or alternative contribution stabilization program terminates partic- 11 ipation pursuant to this section, any such balance in their employer 12 contribution reserve fund shall be applied to the employer's annual bill 13 in the maximum amount permitted under paragraph two of subdivision e of 14 this section, for the following fiscal year and continue to be applied 15 to future annual bills until the reserve fund is depleted. 16 § 3. Paragraphs 2 and 3 of subdivision e of section 319-a of the 17 retirement and social security law, as amended by chapter 48 of the laws 18 of 2017, are amended to read as follows: 19 (2) For any given fiscal year for which (i) the system actuarial 20 contribution rate exceeds seventeen and one-half percent of payroll as 21 of the end of the previous fiscal year, and (ii) for which an employer's 22 average actuarial contribution rate exceeds the employer's graded 23 contribution rate or the alternative [system] employer's graded contrib- 24 ution rate, the balance in the employer's account within such fund shall 25 be applied to reduce the employer's payment to the retirement system for 26 such fiscal year in an amount not to exceed the difference between the 27 employer's actuarial contribution and the employer's graded contribution 28 for the fiscal year. 29 (3) Notwithstanding the provisions of paragraph two of this subdivi- 30 sion, if at the close of any given fiscal year the balance of an employ- 31 er's account within the fund exceeds [one hundred percent of] the 32 employer's [payroll] actuarial contribution for the previous fiscal 33 year, [the excess shall be applied to reduce the employer's payment to 34 the retirement system for the next succeeding fiscal year] no graded 35 payment shall be required or allowed. 36 § 4. Section 319-a of the retirement and social security law is 37 amended by adding a new subdivision f to read as follows: 38 f. (1) An amortizing employer may elect to terminate participation in 39 the contribution stabilization program provided that such employer shall 40 have paid in full all such prior year amortization amounts including 41 interest as determined by the comptroller. Furthermore, any amortizing 42 employer that has terminated participation in the contribution stabili- 43 zation program may re-enter the program in a year in which the employer 44 is eligible to amortize and their employer contribution reserve fund has 45 been depleted. 46 (2) An alternative amortizing employer may elect to terminate partic- 47 ipation in the alternative contribution stabilization program provided 48 that such employer shall have paid in full all such prior year amorti- 49 zation amounts including interest as determined by the comptroller. 50 Furthermore, any alternative amortizing employer that has terminated 51 participation in the alternative contribution stabilization program may 52 not re-enter the alternative contribution stabilization program; 53 provided, however, such employer may enter the regular contribution 54 stabilization program as set forth in paragraph one of this subdivision. 55 (3) In order to terminate participation in the contribution stabiliza- 56 tion or alternative contribution stabilization program, such employer
S. 4005--A 39 A. 3005--A 1 must file an election on a form prescribed by the comptroller. Such 2 election is subject to review and approval by the comptroller. 3 (4) Termination shall take effect for the fiscal year billing cycle 4 following the fiscal year of approval. An employer who has been approved 5 to terminate from the contribution stabilization or alternative contrib- 6 ution stabilization program pursuant to this section shall not be 7 required to make a graded payment starting in the following fiscal year 8 billing cycle. 9 (5) In the event an employer in the contribution stabilization program 10 or alternative contribution stabilization program terminates partic- 11 ipation pursuant to this section, any such balance in their employer 12 contribution reserve fund shall be applied to the employer's annual bill 13 in the maximum amount permitted under paragraph two of subdivision e of 14 this section, for the following fiscal year and continue to be applied 15 to future annual bills until the reserve fund is depleted. 16 § 5. This act shall take effect immediately, and shall be deemed to 17 have been in full force and effect on and after April 1, 2023. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would revise the terms of participation in the New York State and Local Retirement Systems (NYSLRS) Contribution Stabilization Program (CSP). Participating employers in the NYSLRS may enter the CSP to reduce volatility in average annual contribution rates. Should employer billing rates increase rapidly, the CSP allows a portion of the increase to be amortized over 10 years for the regular CSP or 12 years for the alternative CSP. Should employer billing rates decrease rapid- ly, the CSP requires employers to make an additional contribution, called a graded payment. The graded payment is deposited into an inter- est-bearing reserve fund held within the NYSLRS for the exclusive use by the employer to reduce future amortizations. This bill revises the CSP in the following ways: 1) Limits the value of the reserve fund assets. Graded payments would cease when the employer's reserve fund assets exceed the employer's actuarial contribution in the prior fiscal year. Currently, the reserve fund is capped at 100% of the employer's payroll. 2) Creates provisions for termination from the CSP, subject to approval by the Comptroller, provided all prior year amortizations are paid in full, including interest. Beginning the fiscal year following termination, the employer would not be required (or allowed) to make a graded payment. Any existing reserve fund assets would be used to reduce future annual bills up to the amount the employer would have been able to amortize if still in the program. The employer would be permitted to re-enter the regular CSP only if eligible to amortize, provided all reserve fund assets are depleted. 3) Allows an employer to utilize its reserve fund assets to pay a portion of its annual bill when the employer's average actuarial contribution rate exceeds the employer's graded rate. Currently, the employer's average actuarial rate must exceed the System graded rate. If this bill is enacted during the 2023 legislative session, we antic- ipate some administrative costs to implement the provisions of this legislation. Summary of relevant resources: Membership data as of March 31, 2022 was used in measuring the impact of the proposed change, the same data used in the April 1, 2022 actuari- al valuation. Distributions and other statistics can be found in the 2022 Report of the Actuary and the 2022 Annual Comprehensive Financial Report.
S. 4005--A 40 A. 3005--A The actuarial assumptions and methods used are described in the 2020, 2021, and 2022 Annual Report to the Comptroller on Actuarial Assump- tions, and the Codes, Rules and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2022 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated January 26, 2023, and intended for use only during the 2023 Legislative Session, is Fiscal Note No. 2023-57, prepared by the Actuary for the New York State and Local Retirement System. 1 PART X 2 Section 1. Subdivision 2 of section 163 of the civil service law, as 3 amended by section 4 of part T of chapter 56 of the laws of 2010, is 4 amended to read as follows: 5 2. The contract or contracts shall provide for health benefits for 6 retired employees of the state and of the state colleges of agriculture, 7 home economics, industrial labor relations and veterinary medicine, the 8 state agricultural experiment station at Geneva, and any other institu- 9 tion or agency under the management and control of Cornell university as 10 the representative of the board of trustees of the state university of 11 New York, and the state college of ceramics under the management and 12 control of Alfred university as the representative of the board of trus- 13 tees of the state university of New York, and their spouses and depend- 14 ent children as defined by the regulations of the president, on such 15 terms as the president may deem appropriate, and the president may 16 authorize the inclusion in the plan of the employees and retired employ- 17 ees of public authorities, public benefit corporations, school 18 districts, special districts, district corporations, municipal corpo- 19 rations excluding active employees and retired employees of cities 20 having a population of one million or more inhabitants whose compen- 21 sation is or was before retirement paid out of the city treasury, or 22 other appropriate agencies, subdivisions or quasi-public organizations 23 of the state, including active members of volunteer fire and volunteer 24 ambulance companies serving one or more municipal corporations pursuant 25 to subdivision seven of section ninety-two-a of the general municipal 26 law, and their spouses and dependent children as defined by the regu- 27 lations of the president. Any such corporation, district, agency or 28 organization electing to participate in the plan shall be required to 29 pay: (a) its proportionate share of the expenses of administration of 30 the plan in such amounts and at such times as determined and fixed by 31 the president; and (b) at the president's discretion, if such amount is 32 not paid on the date due, interest for such late payment as determined 33 and fixed by the president by regulation, which in no case shall be 34 greater than the interest incurred by the health insurance plan as a 35 result of such late payment. All amounts payable for such expenses of 36 administration shall be paid to the commissioner of taxation and finance 37 and shall be applied to the reimbursement of funds previously advanced 38 for such purposes. Neither the state nor any other participant in the
S. 4005--A 41 A. 3005--A 1 plan shall be charged with the particular experience attributable to the 2 employees of the participant, and all dividends or retroactive rate 3 credits shall be distributed pro-rata based upon the number of employees 4 of such participant covered by the plan. 5 § 2. This act shall take effect immediately. 6 PART Y 7 Section 1. The opening paragraph and paragraph 1 of subdivision b and 8 subdivision e of section 208-f of the general municipal law, paragraph 1 9 of subdivision b and subdivision e as added by chapter 472 of the laws 10 of 1978 and the opening paragraph of subdivision b as amended by chapter 11 782 of the laws of 2022, are amended and a new subdivision k is added to 12 read as follows: 13 The special accidental death benefit shall be paid by the county, 14 city, town or village which employed the deceased member at the time of 15 death, and shall consist of a pension which is equal to the salary of 16 the deceased member, reduced by the sum of each of the following bene- 17 fits received by the widow or widower or the deceased member's children 18 under the age of eighteen, if the widow or widower has died, or to the 19 deceased member's parents if the member has no widow, widower, children 20 under the age of eighteen, or a student under the age of twenty-three, 21 on account of the death of the deceased member: 22 1. Any death benefit and any supplementation thereto paid by the said 23 county, city, town or village in the form of a pension, and 24 e. There shall be appropriated to the [local assistance fund in the] 25 general fund [to the department of audit and control] an amount equal to 26 the special accidental death benefits paid pursuant to subdivisions b 27 and c of this section during each preceding state fiscal year, as certi- 28 fied to the comptroller by the appropriate municipal official, for the 29 purposes of reimbursing such special accidental death benefits. 30 The monies appropriated [to the department of audit and control] and 31 made available pursuant to this subdivision shall be paid under rules 32 and regulations adopted by the comptroller and subject to the approval 33 of the director of the budget upon the audit and warrant of the comp- 34 troller on vouchers certified or approved as provided by law. 35 k. In the case of a deceased county member who died prior to the 36 effective date of this subdivision, the payment of the benefit to the 37 deceased member's beneficiaries pursuant to subdivision f of this 38 section, shall commence on the effective date of this subdivision, 39 provided, however that the benefit amount shall be deemed to have been 40 subject to annual increases pursuant to subdivision b of this section 41 and escalation pursuant to subdivision c of this section, from the date 42 of such member's death. 43 § 2. This act shall take effect immediately, and shall be deemed to 44 have been in full force and effect on and after April 1, 2023. 45 PART Z 46 Section 1. Paragraph (a) of subdivision 4 of section 94 of the execu- 47 tive law, as added by section 2 of part QQ of chapter 56 of the laws of 48 2022, is amended to read as follows: 49 (a) The first class of members of the commission shall serve stag- 50 gered terms to ensure continuity. For the first class of the commis- 51 sion, [five members shall serve a term of four years, three members 52 shall serve a term of two years, and one member shall serve a term of
S. 4005--A 42 A. 3005--A 1 one year. All subsequent members shall serve a term of four years] the 2 governor's first appointee shall serve an initial term of four years, 3 their second appointee shall serve an initial term of two years, and 4 their third appointee shall serve an initial term of one year; the 5 attorney general's appointee shall serve an initial term of four years; 6 the comptroller's appointee shall serve an initial term of four years; 7 the temporary president of the senate's first appointee shall serve an 8 initial term of four years and their second appointee shall serve a term 9 of two years; the minority leader of the senate's first appointee shall 10 serve an initial term of four years; the speaker of the assembly's first 11 appointee shall serve initial terms of four years and their second 12 appointee shall serve a term of two years; and the minority leader of 13 the assembly's appointee shall serve a term of four years. All subse- 14 quent members shall serve a term of four years. No member shall be 15 selected to the commission for more than two full consecutive terms, 16 except that a member who has held the position by filling a vacancy 17 can only be selected to the commission for an additional two full 18 consecutive terms. 19 § 2. This act shall take effect immediately. 20 PART AA 21 Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of 22 section 1115 of the tax law, as amended by section 1 of item A of 23 subpart H of part XXX of chapter 58 of the laws of 2020, is amended to 24 read as follows: 25 (A) "Tenant" means a person who, as lessee, enters into a space lease 26 with a landlord for a term of ten years or more commencing on or after 27 September first, two thousand five, but not later than, in the case of a 28 space lease with respect to leased premises located in eligible areas as 29 defined in clause (i) of subparagraph (D) of this paragraph, September 30 first, two thousand [twenty-three] twenty-eight and, in the case of a 31 space lease with respect to leased premises located in eligible areas as 32 defined in clause (ii) of subparagraph (D) of this paragraph not later 33 than September first, two thousand [twenty-five] thirty, of premises for 34 use as commercial office space in buildings located or to be located in 35 the eligible areas. A person who currently occupies premises for use as 36 commercial office space under an existing lease in a building in the 37 eligible areas shall not be eligible for exemption under this subdivi- 38 sion unless such existing lease, in the case of a space lease with 39 respect to leased premises located in eligible areas as defined in 40 clause (i) of subparagraph (D) of this paragraph expires according to 41 its terms before September first, two thousand [twenty-three] twenty- 42 eight or such existing lease, in the case of a space lease with respect 43 to leased premises located in eligible areas as defined in clause (ii) 44 of subparagraph (D) of this paragraph and such person enters into a 45 space lease, for a term of ten years or more commencing on or after 46 September first, two thousand five, of premises for use as commercial 47 office space in a building located or to be located in the eligible 48 areas, provided that such space lease with respect to leased premises 49 located in eligible areas as defined in clause (i) of subparagraph (D) 50 of this paragraph commences no later than September first, two thousand 51 [twenty-three] twenty-eight, and provided that such space lease with 52 respect to leased premises located in eligible areas as defined in 53 clause (ii) of subparagraph (D) of this paragraph commences no later 54 than September first, two thousand [twenty-five] thirty and provided,
S. 4005--A 43 A. 3005--A 1 further, that such space lease shall expire no earlier than ten years 2 after the expiration of the original lease. 3 § 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the 4 tax law relating to exemptions from sales and use taxes, as amended by 5 section 2 of item A of subpart H of part XXX of chapter 58 of the laws 6 of 2020, is amended to read as follows: 7 § 2. This act shall take effect September 1, 2005 and shall expire and 8 be deemed repealed on December 1, [2026] 2031, and shall apply to sales 9 made, uses occurring and services rendered on or after such effective 10 date, in accordance with the applicable transitional provisions of 11 sections 1106 and 1217 of the tax law; except that clause (i) of subpar- 12 agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the 13 tax law, as added by section one of this act, shall expire and be deemed 14 repealed December 1, [2024] 2029. 15 § 3. Paragraph 1 of subdivision (b) of section 25-s of the general 16 city law, as amended by section 3 of item A of subpart H of part XXX of 17 chapter 58 of the laws of 2020, is amended to read as follows: 18 (1) non-residential premises that are wholly contained in property 19 that is eligible to obtain benefits under title two-D or two-F of arti- 20 cle four of the real property tax law, or would be eligible to receive 21 benefits under such article except that such property is exempt from 22 real property taxation and the requirements of paragraph (b) of subdivi- 23 sion seven of section four hundred eighty-nine-dddd of such title two-D, 24 or the requirements of subparagraph (ii) of paragraph (b) of subdivision 25 five of section four hundred eighty-nine-cccccc of such title two-F, 26 whichever is applicable, have not been satisfied, provided that applica- 27 tion for such benefits was made after May third, nineteen hundred eight- 28 y-five and prior to July first, two thousand [twenty-three] 29 twenty-eight, that construction or renovation of such premises was 30 described in such application, that such premises have been substantial- 31 ly improved by such construction or renovation so described, that the 32 minimum required expenditure as defined in such title two-D or two-F, 33 whichever is applicable, has been made, and that such real property is 34 located in an eligible area; or 35 § 4. Paragraph 3 of subdivision (b) of section 25-s of the general 36 city law, as amended by section 4 of item A of subpart H of part XXX of 37 chapter 58 of the laws of 2020, is amended to read as follows: 38 (3) non-residential premises that are wholly contained in real proper- 39 ty that has obtained approval after October thirty-first, two thousand 40 and prior to July first, two thousand [twenty-three] twenty-eight for 41 financing by an industrial development agency established pursuant to 42 article eighteen-A of the general municipal law, provided that such 43 financing has been used in whole or in part to substantially improve 44 such premises (by construction or renovation), and that expenditures 45 have been made for improvements to such real property in excess of ten 46 per centum of the value at which such real property was assessed for tax 47 purposes for the tax year in which such improvements commenced, that 48 such expenditures have been made within thirty-six months after the 49 earlier of (i) the issuance by such agency of bonds for such financing, 50 or (ii) the conveyance of title to such property to such agency, and 51 that such real property is located in an eligible area; or 52 § 5. Paragraph 5 of subdivision (b) of section 25-s of the general 53 city law, as amended by section 5 of item A of subpart H of part XXX of 54 chapter 58 of the laws of 2020, is amended to read as follows: 55 (5) non-residential premises that are wholly contained in real proper- 56 ty owned by such city or the New York state urban development corpo-
S. 4005--A 44 A. 3005--A 1 ration, or a subsidiary thereof, a lease for which was approved in 2 accordance with the applicable provisions of the charter of such city or 3 by the board of directors of such corporation, and such approval was 4 obtained after October thirty-first, two thousand and prior to July 5 first, two thousand [twenty-three] twenty-eight, provided, however, that 6 such premises were constructed or renovated subsequent to such approval, 7 that expenditures have been made subsequent to such approval for 8 improvements to such real property (by construction or renovation) in 9 excess of ten per centum of the value at which such real property was 10 assessed for tax purposes for the tax year in which such improvements 11 commenced, that such expenditures have been made within thirty-six 12 months after the effective date of such lease, and that such real prop- 13 erty is located in an eligible area; or 14 § 6. Paragraph 2 of subdivision (c) of section 25-t of the general 15 city law, as amended by section 6 of item A of subpart H of part XXX of 16 chapter 58 of the laws of 2020, is amended to read as follows: 17 (2) No eligible energy user, qualified eligible energy user, on-site 18 cogenerator, or clean on-site cogenerator shall receive a rebate pursu- 19 ant to this article until it has obtained a certification from the 20 appropriate city agency in accordance with a local law enacted pursuant 21 to this section. No such certification for a qualified eligible energy 22 user shall be issued on or after November first, two thousand. No such 23 certification of any other eligible energy user, on-site cogenerator, or 24 clean on-site cogenerator shall be issued on or after July first, two 25 thousand [twenty-three] twenty-eight. 26 § 7. Paragraph 1 of subdivision (a) of section 25-aa of the general 27 city law, as amended by section 7 of item A of subpart H of part XXX of 28 chapter 58 of the laws of 2020, is amended to read as follows: 29 (1) is eligible to obtain benefits under title two-D or two-F of arti- 30 cle four of the real property tax law, or would be eligible to receive 31 benefits under such title except that such property is exempt from real 32 property taxation and the requirements of paragraph (b) of subdivision 33 seven of section four hundred eighty-nine-dddd of such title two-D, or 34 the requirements of subparagraph (ii) of paragraph (b) of subdivision 35 five of section four hundred eighty-nine-cccccc of such title two-F, 36 whichever is applicable, of the real property tax law have not been 37 satisfied, provided that application for such benefits was made after 38 the thirtieth day of June, nineteen hundred ninety-five and before the 39 first day of July, two thousand [twenty-three] twenty-eight, that 40 construction or renovation of such building or structure was described 41 in such application, that such building or structure has been substan- 42 tially improved by such construction or renovation, and (i) that the 43 minimum required expenditure as defined in such title has been made, or 44 (ii) where there is no applicable minimum required expenditure, the 45 building was constructed within such period or periods of time estab- 46 lished by title two-D or two-F, whichever is applicable, of article four 47 of the real property tax law for construction of a new building or 48 structure; or 49 § 8. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the 50 general city law, as amended by section 8 of item A of subpart H of part 51 XXX of chapter 58 of the laws of 2020, are amended to read as follows: 52 (2) has obtained approval after the thirtieth day of June, nineteen 53 hundred ninety-five and before the first day of July, two thousand 54 [twenty-three] twenty-eight, for financing by an industrial development 55 agency established pursuant to article eighteen-A of the general munici- 56 pal law, provided that such financing has been used in whole or in part
S. 4005--A 45 A. 3005--A 1 to substantially improve such building or structure by construction or 2 renovation, that expenditures have been made for improvements to such 3 real property in excess of twenty per centum of the value at which such 4 real property was assessed for tax purposes for the tax year in which 5 such improvements commenced, and that such expenditures have been made 6 within thirty-six months after the earlier of (i) the issuance by such 7 agency of bonds for such financing, or (ii) the conveyance of title to 8 such building or structure to such agency; or 9 (3) is owned by the city of New York or the New York state urban 10 development corporation, or a subsidiary corporation thereof, a lease 11 for which was approved in accordance with the applicable provisions of 12 the charter of such city or by the board of directors of such corpo- 13 ration, as the case may be, and such approval was obtained after the 14 thirtieth day of June, nineteen hundred ninety-five and before the first 15 day of July, two thousand [twenty-three] twenty-eight, provided that 16 expenditures have been made for improvements to such real property in 17 excess of twenty per centum of the value at which such real property was 18 assessed for tax purposes for the tax year in which such improvements 19 commenced, and that such expenditures have been made within thirty-six 20 months after the effective date of such lease; or 21 § 9. Subdivision (f) of section 25-bb of the general city law, as 22 amended by section 9 of item A of subpart H of part XXX of chapter 58 of 23 the laws of 2020, is amended to read as follows: 24 (f) Application and certification. An owner or lessee of a building or 25 structure located in an eligible revitalization area, or an agent of 26 such owner or lessee, may apply to such department of small business 27 services for certification that such building or structure is an eligi- 28 ble building or targeted eligible building meeting the criteria of 29 subdivision (a) or (q) of section twenty-five-aa of this article. 30 Application for such certification must be filed after the thirtieth day 31 of June, nineteen hundred ninety-five and before a building permit is 32 issued for the construction or renovation required by such subdivisions 33 and before the first day of July, two thousand [twenty-three] twenty- 34 eight, provided that no certification for a targeted eligible building 35 shall be issued after October thirty-first, two thousand. Such applica- 36 tion shall identify expenditures to be made that will affect eligibility 37 under such subdivision (a) or (q). Upon completion of such expenditures, 38 an applicant shall supplement such application to provide information 39 (i) establishing that the criteria of such subdivision (a) or (q) have 40 been met; (ii) establishing a basis for determining the amount of 41 special rebates, including a basis for an allocation of the special 42 rebate among eligible revitalization area energy users purchasing or 43 otherwise receiving energy services from an eligible redistributor of 44 energy or a qualified eligible redistributor of energy; and (iii) 45 supporting an allocation of charges for energy services between eligible 46 charges and other charges. Such department shall certify a building or 47 structure as an eligible building or targeted eligible building after 48 receipt and review of such information and upon a determination that 49 such information establishes that the building or structure qualifies as 50 an eligible building or targeted eligible building. Such department 51 shall mail such certification or notice thereof to the applicant upon 52 issuance. Such certification shall remain in effect provided the eligi- 53 ble redistributor of energy or qualified eligible redistributor of ener- 54 gy reports any changes that materially affect the amount of the special 55 rebates to which it is entitled or the amount of reduction required by 56 subdivision (c) of this section in an energy services bill of an eligi-
S. 4005--A 46 A. 3005--A 1 ble revitalization area energy user and otherwise complies with the 2 requirements of this article. Such department shall notify the private 3 utility or public utility service required to make a special rebate to 4 such redistributor of the amount of such special rebate established at 5 the time of certification and any changes in such amount and any suspen- 6 sion or termination by such department of certification under this 7 subdivision. Such department may require some or all of the information 8 required as part of an application or other report be provided by a 9 licensed engineer. 10 § 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis- 11 trative code of the city of New York, as amended by section 10 of item A 12 of subpart H of part XXX of chapter 58 of the laws of 2020, is amended 13 to read as follows: 14 (1) Non-residential premises that are wholly contained in property 15 that is eligible to obtain benefits under part four or part five of 16 subchapter two of chapter two of title eleven of this code, or would be 17 eligible to receive benefits under such chapter except that such proper- 18 ty is exempt from real property taxation and the requirements of para- 19 graph two of subdivision g of section 11-259 of this code, or the 20 requirements of subparagraph (b) of paragraph two of subdivision e of 21 section 11-270 of this code, whichever is applicable, have not been 22 satisfied, provided that application for such benefits was made after 23 May third, nineteen hundred eighty-five and prior to July first, two 24 thousand [twenty-three] twenty-eight, that construction or renovation of 25 such premises was described in such application, that such premises have 26 been substantially improved by such construction or renovation so 27 described, that the minimum required expenditure as defined in such part 28 four or part five, whichever is applicable, has been made, and that such 29 real property is located in an eligible area; or 30 § 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis- 31 trative code of the city of New York, as amended by section 11 of item A 32 of subpart H of part XXX of chapter 58 of the laws of 2020, is amended 33 to read as follows: 34 (3) non-residential premises that are wholly contained in real proper- 35 ty that has obtained approval after October thirty-first, two thousand 36 and prior to July first, two thousand [twenty-three] twenty-eight for 37 financing by an industrial development agency established pursuant to 38 article eighteen-A of the general municipal law, provided that such 39 financing has been used in whole or in part to substantially improve 40 such premises (by construction or renovation), and that expenditures 41 have been made for improvements to such real property in excess of ten 42 per centum of the value at which such real property was assessed for tax 43 purposes for the tax year in which such improvements commenced, that 44 such expenditures have been made within thirty-six months after the 45 earlier of (i) the issuance by such agency of bonds for such financing, 46 or (ii) the conveyance of title to such property to such agency, and 47 that such real property is located in an eligible area; or 48 § 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis- 49 trative code of the city of New York, as amended by section 12 of item A 50 of subpart H of part XXX of chapter 58 of the laws of 2020, is amended 51 to read as follows: 52 (5) non-residential premises that are wholly contained in real proper- 53 ty owned by such city or the New York state urban development corpo- 54 ration, or a subsidiary thereof, a lease for which was approved in 55 accordance with the applicable provisions of the charter of such city or 56 by the board of directors of such corporation, and such approval was
S. 4005--A 47 A. 3005--A 1 obtained after October thirty-first, two thousand and prior to July 2 first, two thousand [twenty-three] twenty-eight, provided, however, that 3 such premises were constructed or renovated subsequent to such approval, 4 that expenditures have been made subsequent to such approval for 5 improvements to such real property (by construction or renovation) in 6 excess of ten per centum of the value at which such real property was 7 assessed for tax purposes for the tax year in which such improvements 8 commenced, that such expenditures have been made within thirty-six 9 months after the effective date of such lease, and that such real prop- 10 erty is located in an eligible area; or 11 § 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis- 12 trative code of the city of New York, as amended by section 13 of item A 13 of subpart H of part XXX of chapter 58 of the laws of 2020, is amended 14 to read as follows: 15 (1) No eligible energy user, qualified eligible energy user, on-site 16 cogenerator, clean on-site cogenerator or special eligible energy user 17 shall receive a rebate pursuant to this chapter until it has obtained a 18 certification as an eligible energy user, qualified eligible energy 19 user, on-site cogenerator, clean on-site cogenerator or special eligible 20 energy user, respectively, from the commissioner of small business 21 services. No such certification for a qualified eligible energy user 22 shall be issued on or after July first, two thousand three. No such 23 certification of any other eligible energy user, on-site cogenerator or 24 clean on-site cogenerator shall be issued on or after July first, two 25 thousand [twenty-three] twenty-eight. The commissioner of small busi- 26 ness services, after notice and hearing, may revoke a certification 27 issued pursuant to this subdivision where it is found that eligibility 28 criteria have not been met or that compliance with conditions for 29 continued eligibility has not been maintained. The corporation counsel 30 may maintain a civil action to recover an amount equal to any benefits 31 improperly obtained. 32 § 14. Subparagraph (b-2) of paragraph 2 of subdivision i of section 33 11-704 of the administrative code of the city of New York, as amended by 34 section 14 of item A of subpart H of part XXX of chapter 58 of the laws 35 of 2020, is amended to read as follows: 36 (b-2) The amount of the special reduction allowed by this subdivision 37 with respect to a lease other than a sublease commencing between July 38 first, two thousand five and June thirtieth, two thousand [twenty-three] 39 twenty-eight with an initial or renewal lease term of at least five 40 years shall be determined as follows: 41 (i) For the base year the amount of such special reduction shall be 42 equal to the base rent for the base year. 43 (ii) For the first, second, third and fourth twelve-month periods 44 following the base year the amount of such special reduction shall be 45 equal to the lesser of (A) the base rent for each such twelve-month 46 period or (B) the base rent for the base year. 47 § 15. Subdivision 9 of section 499-aa of the real property tax law, as 48 amended by section 15 of item A of subpart H of part XXX of chapter 58 49 of the laws of 2020, is amended to read as follows: 50 9. "Eligibility period." The period commencing April first, nineteen 51 hundred ninety-five and terminating March thirty-first, two thousand 52 one, provided, however, that with respect to eligible premises defined 53 in subparagraph (i) of paragraph (b) of subdivision ten of this section, 54 the period commencing July first, two thousand and terminating June 55 thirtieth, two thousand [twenty-four] twenty-nine, and provided, 56 further, however, that with respect to eligible premises defined in
S. 4005--A 48 A. 3005--A 1 subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten 2 of this section, the period commencing July first, two thousand five and 3 terminating June thirtieth, two thousand [twenty-four] twenty-nine. 4 § 16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 5 499-cc of the real property tax law, as amended by section 16 of item A 6 of subpart H of part XXX of chapter 58 of the laws of 2020, is amended 7 to read as follows: 8 (iii) With respect to the eligible premises defined in subparagraph 9 (ii) of paragraph (b) or paragraph (c) of subdivision ten of section 10 four hundred ninety-nine-aa of this title and for purposes of determin- 11 ing whether the amount of expenditures required by subdivision one of 12 this section have been satisfied, expenditures on improvements to the 13 common areas of an eligible building shall be included only if work on 14 such improvements commenced and the expenditures are made on or after 15 July first, two thousand five and on or before December thirty-first, 16 two thousand [twenty-four] twenty-nine; provided, however, that expendi- 17 tures on improvements to the common areas of an eligible building made 18 prior to three years before the lease commencement date shall not be 19 included. 20 § 17. Subdivisions 5 and 9 of section 499-a of the real property tax 21 law, as amended by section 17 of item A of subpart H of part XXX of 22 chapter 58 of the laws of 2020, are amended to read as follows: 23 5. "Benefit period." The period commencing with the first day of the 24 month immediately following the rent commencement date and terminating 25 no later than sixty months thereafter, provided, however, that with 26 respect to a lease commencing on or after April first, nineteen hundred 27 ninety-seven with an initial lease term of less than five years, but not 28 less than three years, the period commencing with the first day of the 29 month immediately following the rent commencement date and terminating 30 no later than thirty-six months thereafter. Notwithstanding the forego- 31 ing sentence, a benefit period shall expire no later than March thirty- 32 first, two thousand [thirty] thirty-five. 33 9. "Eligibility period." The period commencing April first, nineteen 34 hundred ninety-five and terminating March thirty-first, two thousand 35 [twenty-four] twenty-nine. 36 § 18. Paragraph (a) of subdivision 3 of section 499-c of the real 37 property tax law, as amended by section 18 of item A of subpart H of 38 part XXX of chapter 58 of the laws of 2020, is amended to read as 39 follows: 40 (a) For purposes of determining whether the amount of expenditures 41 required by subdivision one of this section have been satisfied, expend- 42 itures on improvements to the common areas of an eligible building shall 43 be included only if work on such improvements commenced and the expendi- 44 tures are made on or after April first, nineteen hundred ninety-five and 45 on or before September thirtieth, two thousand [twenty-four] 46 twenty-nine; provided, however, that expenditures on improvements to the 47 common areas of an eligible building made prior to three years before 48 the lease commencement date shall not be included. 49 § 19. Subdivision 8 of section 499-d of the real property tax law, as 50 amended by section 19 of item A of subpart H of part XXX of chapter 58 51 of the laws of 2020, is amended to read as follows: 52 8. Leases commencing on or after April first, nineteen hundred nine- 53 ty-seven shall be subject to the provisions of this title as amended by 54 chapter six hundred twenty-nine of the laws of nineteen hundred ninety- 55 seven, chapter one hundred eighteen of the laws of two thousand one, 56 chapter four hundred forty of the laws of two thousand three, chapter
S. 4005--A 49 A. 3005--A 1 sixty of the laws of two thousand seven, chapter twenty-two of the laws 2 of two thousand ten, chapter fifty-nine of the laws of two thousand 3 fourteen, chapter twenty of the laws of two thousand fifteen, chapter 4 sixty-one of the laws of two thousand seventeen [and the], chapter 5 fifty-eight of the laws of two thousand twenty, and the chapter of the 6 laws of two thousand twenty-three that amended this phrase. Notwith- 7 standing any other provision of law to the contrary, with respect to 8 leases commencing on or after April first, nineteen hundred ninety-sev- 9 en, an application for a certificate of abatement shall be considered 10 timely filed if filed within one hundred eighty days following the lease 11 commencement date or within sixty days following the date chapter six 12 hundred twenty-nine of the laws of nineteen hundred ninety-seven became 13 a law, whichever is later. 14 § 20. Subparagraph (a) of paragraph 2 of subdivision i of section 15 11-704 of the administrative code of the city of New York, as amended by 16 section 20 of item A of subpart H of part XXX of chapter 58 of the laws 17 of 2020, is amended to read as follows: 18 (a) An eligible tenant of eligible taxable premises shall be allowed a 19 special reduction in determining the taxable base rent for such eligible 20 taxable premises. Such special reduction shall be allowed with respect 21 to the rent for such eligible taxable premises for a period not exceed- 22 ing sixty months or, with respect to a lease commencing on or after 23 April first, nineteen hundred ninety-seven with an initial lease term of 24 less than five years, but not less than three years, for a period not 25 exceeding thirty-six months, commencing on the rent commencement date 26 applicable to such eligible taxable premises, provided, however, that in 27 no event shall any special reduction be allowed for any period beginning 28 after March thirty-first, two thousand [thirty] thirty-five. For 29 purposes of applying such special reduction, the base rent for the base 30 year shall, where necessary to determine the amount of the special 31 reduction allowable with respect to any number of months falling within 32 a tax period, be prorated by dividing the base rent for the base year by 33 twelve and multiplying the result by such number of months. 34 § 21. This act shall take effect immediately, provided, however, that 35 if this act shall become a law after June 30, 2023, this act shall be 36 deemed to have been in full force and effect on and after June 30, 2023; 37 provided further, however, that the amendments to subparagraph (A) of 38 paragraph 7 of subdivision (ee) of section 1115 of the tax law made by 39 section one of this act shall not affect the repeal of such subdivision 40 and shall be repealed therewith. 41 PART BB 42 Section 1. Subdivision 12 of section 239-bb of the general municipal 43 law is REPEALED. 44 § 2. This act shall take effect immediately. 45 PART CC 46 Section 1. The state comptroller is hereby authorized and directed to 47 loan money in accordance with the provisions set forth in subdivision 5 48 of section 4 of the state finance law to the following funds and/or 49 accounts: 50 1. DOL-Child performer protection account (20401). 51 2. Local government records management account (20501). 52 3. Child health plus program account (20810).
S. 4005--A 50 A. 3005--A 1 4. EPIC premium account (20818). 2 5. Education - New (20901). 3 6. VLT - Sound basic education fund (20904). 4 7. Sewage treatment program management and administration fund 5 (21000). 6 8. Hazardous bulk storage account (21061). 7 9. Utility environmental regulatory account (21064). 8 10. Federal grants indirect cost recovery account (21065). 9 11. Low level radioactive waste account (21066). 10 12. Recreation account (21067). 11 13. Public safety recovery account (21077). 12 14. Environmental regulatory account (21081). 13 15. Natural resource account (21082). 14 16. Mined land reclamation program account (21084). 15 17. Great lakes restoration initiative account (21087). 16 18. Environmental protection and oil spill compensation fund (21200). 17 19. Public transportation systems account (21401). 18 20. Metropolitan mass transportation (21402). 19 21. Operating permit program account (21451). 20 22. Mobile source account (21452). 21 23. Statewide planning and research cooperative system account 22 (21902). 23 24. New York state thruway authority account (21905). 24 25. Mental hygiene program fund account (21907). 25 26. Mental hygiene patient income account (21909). 26 27. Financial control board account (21911). 27 28. Regulation of racing account (21912). 28 29. State university dormitory income reimbursable account (21937). 29 30. Criminal justice improvement account (21945). 30 31. Environmental laboratory reference fee account (21959). 31 32. Training, management and evaluation account (21961). 32 33. Clinical laboratory reference system assessment account (21962). 33 34. Indirect cost recovery account (21978). 34 35. Multi-agency training account (21989). 35 36. Bell jar collection account (22003). 36 37. Industry and utility service account (22004). 37 38. Real property disposition account (22006). 38 39. Parking account (22007). 39 40. Courts special grants (22008). 40 41. Asbestos safety training program account (22009). 41 42. Batavia school for the blind account (22032). 42 43. Investment services account (22034). 43 44. Surplus property account (22036). 44 45. Financial oversight account (22039). 45 46. Regulation of Indian gaming account (22046). 46 47. Rome school for the deaf account (22053). 47 48. Seized assets account (22054). 48 49. Administrative adjudication account (22055). 49 50. New York City assessment account (22062). 50 51. Cultural education account (22063). 51 52. Local services account (22078). 52 53. DHCR mortgage servicing account (22085). 53 54. Housing indirect cost recovery account (22090). 54 55. Voting Machine Examinations account (22099). 55 56. DHCR-HCA application fee account (22100). 56 57. Low income housing monitoring account (22130).
S. 4005--A 51 A. 3005--A 1 58. Restitution account (22134). 2 59. Corporation administration account (22135). 3 60. New York State Home for Veterans in the Lower-Hudson Valley 4 account (22144). 5 61. Deferred compensation administration account (22151). 6 62. Rent revenue other New York City account (22156). 7 63. Rent revenue account (22158). 8 64. Transportation aviation account (22165). 9 65. Tax revenue arrearage account (22168). 10 66. New York State Campaign Finance Fund account (22211). 11 67. New York state medical indemnity fund account (22240). 12 68. Behavioral health parity compliance fund (22246). 13 69. Pharmacy benefit manager regulatory fund (22255). 14 70. State university general income offset account (22654). 15 71. Lake George park trust fund account (22751). 16 72. Highway safety program account (23001). 17 73. DOH drinking water program account (23102). 18 74. NYCCC operating offset account (23151). 19 75. Commercial gaming revenue account (23701). 20 76. Commercial gaming regulation account (23702). 21 77. Highway use tax administration account (23801). 22 78. New York state secure choice administrative account (23806). 23 79. New York state cannabis revenue fund (24800). 24 80. Fantasy sports administration account (24951). 25 81. Mobile sports wagering fund (24955). 26 82. Highway and bridge capital account (30051). 27 83. State university residence hall rehabilitation fund (30100). 28 84. State parks infrastructure account (30351). 29 85. Clean water/clean air implementation fund (30500). 30 86. Hazardous waste remedial cleanup account (31506). 31 87. Youth facilities improvement account (31701). 32 88. Housing assistance fund (31800). 33 89. Housing program fund (31850). 34 90. Highway facility purpose account (31951). 35 91. New York racing account (32213). 36 92. Capital miscellaneous gifts account (32214). 37 93. Information technology capital financing account (32215). 38 94. New York environmental protection and spill remediation account 39 (32219). 40 95. Mental hygiene facilities capital improvement fund (32300). 41 96. Correctional facilities capital improvement fund (32350). 42 97. New York State Storm Recovery Capital Fund (33000). 43 98. OGS convention center account (50318). 44 99. Empire Plaza Gift Shop (50327). 45 100. Unemployment Insurance Benefit Fund, Interest Assessment Account 46 (50651). 47 101. Centralized services fund (55000). 48 102. Archives records management account (55052). 49 103. Federal single audit account (55053). 50 104. Civil service administration account (55055). 51 105. Civil service EHS occupational health program account (55056). 52 106. Banking services account (55057). 53 107. Cultural resources survey account (55058). 54 108. Neighborhood work project account (55059). 55 109. Automation & printing chargeback account (55060). 56 110. OFT NYT account (55061).
S. 4005--A 52 A. 3005--A 1 111. Data center account (55062). 2 112. Intrusion detection account (55066). 3 113. Domestic violence grant account (55067). 4 114. Centralized technology services account (55069). 5 115. Labor contact center account (55071). 6 116. Human services contact center account (55072). 7 117. Tax contact center account (55073). 8 118. Department of law civil recoveries account (55074). 9 119. Executive direction internal audit account (55251). 10 120. CIO Information technology centralized services account (55252). 11 121. Health insurance internal service account (55300). 12 122. Civil service employee benefits division administrative account 13 (55301). 14 123. Correctional industries revolving fund (55350). 15 124. Employees health insurance account (60201). 16 125. Medicaid management information system escrow fund (60900). 17 126. Virtual currency assessments account. 18 § 1-a. The state comptroller is hereby authorized and directed to loan 19 money in accordance with the provisions set forth in subdivision 5 of 20 section 4 of the state finance law to any account within the following 21 federal funds, provided the comptroller has made a determination that 22 sufficient federal grant award authority is available to reimburse such 23 loans: 24 1. Federal USDA-food and nutrition services fund (25000). 25 2. Federal health and human services fund (25100). 26 3. Federal education fund (25200). 27 4. Federal block grant fund (25250). 28 5. Federal miscellaneous operating grants fund (25300). 29 6. Federal unemployment insurance administration fund (25900). 30 7. Federal unemployment insurance occupational training fund (25950). 31 8. Federal emergency employment act fund (26000). 32 9. Federal capital projects fund (31350). 33 § 2. 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, on 36 or before March 31, 2024, up to the unencumbered balance or the follow- 37 ing amounts: 38 Economic Development and Public Authorities: 39 1. $1,175,000 from the miscellaneous special revenue fund, underground 40 facilities safety training account (22172), to the general fund. 41 2. An amount up to the unencumbered balance from the miscellaneous 42 special revenue fund, business and licensing services account (21977), 43 to the general fund. 44 3. $19,810,000 from the miscellaneous special revenue fund, code 45 enforcement account (21904), to the general fund. 46 4. $3,000,000 from the general fund to the miscellaneous special 47 revenue fund, tax revenue arrearage account (22168). 48 Education: 49 1. $2,314,000,000 from the general fund to the state lottery fund, 50 education account (20901), as reimbursement for disbursements made from 51 such fund for supplemental aid to education pursuant to section 92-c of 52 the state finance law that are in excess of the amounts deposited in 53 such fund for such purposes pursuant to section 1612 of the tax law. 54 2. $1,033,000,000 from the general fund to the state lottery fund, VLT 55 education account (20904), as reimbursement for disbursements made from 56 such fund for supplemental aid to education pursuant to section 92-c of
S. 4005--A 53 A. 3005--A 1 the state finance law that are in excess of the amounts deposited in 2 such fund for such purposes pursuant to section 1612 of the tax law. 3 3. $131,200,000 from the general fund to the New York state commercial 4 gaming fund, commercial gaming revenue account (23701), as reimbursement 5 for disbursements made from such fund for supplemental aid to education 6 pursuant to section 97-nnnn of the state finance law that are in excess 7 of the amounts deposited in such fund for purposes pursuant to section 8 1352 of the racing, pari-mutuel wagering and breeding law. 9 4. $895,897,000 from the general fund to the mobile sports wagering 10 fund, education account (24955), as reimbursement for disbursements made 11 from such fund for supplemental aid to education pursuant to section 12 92-c of the state finance law that are in excess of the amounts deposit- 13 ed in such fund for such purposes pursuant to section 1367 of the 14 racing, pari-mutuel wagering and breeding law. 15 5. $7,000,000 from the interactive fantasy sports fund, fantasy sports 16 education account (24950), to the state lottery fund, education account 17 (20901), as reimbursement for disbursements made from such fund for 18 supplemental aid to education pursuant to section 92-c of the state 19 finance law. 20 6. An amount up to the unencumbered balance in the fund on March 31, 21 2024 from the charitable gifts trust fund, elementary and secondary 22 education account (24901), to the general fund, for payment of general 23 support for public schools pursuant to section 3609-a of the education 24 law. 25 7. Moneys from the state lottery fund (20900) up to an amount deposit- 26 ed in such fund pursuant to section 1612 of the tax law in excess of the 27 current year appropriation for supplemental aid to education pursuant to 28 section 92-c of the state finance law. 29 8. $300,000 from the New York state local government records manage- 30 ment improvement fund, local government records management account 31 (20501), to the New York state archives partnership trust fund, archives 32 partnership trust maintenance account (20351). 33 9. $900,000 from the general fund to the miscellaneous special revenue 34 fund, Batavia school for the blind account (22032). 35 10. $900,000 from the general fund to the miscellaneous special reven- 36 ue fund, Rome school for the deaf account (22053). 37 11. $343,400,000 from the state university dormitory income fund 38 (40350) to the miscellaneous special revenue fund, state university 39 dormitory income reimbursable account (21937). 40 12. $8,318,000 from the general fund to the state university income 41 fund, state university income offset account (22654), for the state's 42 share of repayment of the STIP loan. 43 13. $69,000,000 from the state university income fund, state universi- 44 ty hospitals income reimbursable account (22656) to the general fund for 45 hospital debt service for the period April 1, 2023 through March 31, 46 2024. 47 14. $5,160,000 from the miscellaneous special revenue fund, office of 48 the professions account (22051), to the miscellaneous capital projects 49 fund, office of the professions electronic licensing account (32222). 50 15. $24,000,000 from any of the state education department's special 51 revenue and internal service funds to the miscellaneous special revenue 52 fund, indirect cost recovery account (21978). 53 16. $4,200,000 from any of the state education department's special 54 revenue or internal service funds to the capital projects fund (30000). 55 17. $30,013,000 from the general fund to the miscellaneous special 56 revenue fund, HESC-insurance premium payments account (21960).
S. 4005--A 54 A. 3005--A 1 Environmental Affairs: 2 1. $16,000,000 from any of the department of environmental conserva- 3 tion's special revenue federal funds, and/or federal capital funds, to 4 the environmental conservation special revenue fund, federal indirect 5 recovery account (21065). 6 2. $5,000,000 from any of the department of environmental conserva- 7 tion's special revenue federal funds, and/or federal capital funds, to 8 the conservation fund (21150) or Marine Resources Account (21151) as 9 necessary to avoid diversion of conservation funds. 10 3. $3,000,000 from any of the office of parks, recreation and historic 11 preservation capital projects federal funds and special revenue federal 12 funds to the miscellaneous special revenue fund, federal grant indirect 13 cost recovery account (22188). 14 4. $1,000,000 from any of the office of parks, recreation and historic 15 preservation special revenue federal funds to the miscellaneous capital 16 projects fund, I love NY water account (32212). 17 5. $100,000,000 from the general fund to the environmental protection 18 fund, environmental protection fund transfer account (30451). 19 6. $6,000,000 from the general fund to the hazardous waste remedial 20 fund, hazardous waste oversight and assistance account (31505). 21 7. An amount up to or equal to the cash balance within the special 22 revenue-other waste management & cleanup account (21053) to the capital 23 projects fund (30000) for services and capital expenses related to the 24 management and cleanup program as put forth in section 27-1915 of the 25 environmental conservation law. 26 8. $1,800,000 from the miscellaneous special revenue fund, public 27 service account (22011) to the miscellaneous special revenue fund, util- 28 ity environmental regulatory account (21064). 29 9. $7,000,000 from the general fund to the enterprise fund, state fair 30 account (50051). 31 10. $4,000,000 from the waste management & cleanup account (21053) to 32 the general fund. 33 11. $3,000,000 from the waste management & cleanup account (21053) to 34 the environmental protection fund transfer account (30451). 35 12. Up to $10,000,000 from the general fund to the miscellaneous 36 special revenue fund, patron services account (22163). 37 Family Assistance: 38 1. $7,000,000 from any of the office of children and family services, 39 office of temporary and disability assistance, or department of health 40 special revenue federal funds and the general fund, in accordance with 41 agreements with social services districts, to the miscellaneous special 42 revenue fund, office of human resources development state match account 43 (21967). 44 2. $4,000,000 from any of the office of children and family services 45 or office of temporary and disability assistance special revenue federal 46 funds to the miscellaneous special revenue fund, family preservation and 47 support services and family violence services account (22082). 48 3. $18,670,000 from any of the office of children and family services, 49 office of temporary and disability assistance, or department of health 50 special revenue federal funds and any other miscellaneous revenues 51 generated from the operation of office of children and family services 52 programs to the general fund. 53 4. $175,000,000 from any of the office of temporary and disability 54 assistance or department of health special revenue funds to the general 55 fund.
S. 4005--A 55 A. 3005--A 1 5. $2,500,000 from any of the office of temporary and disability 2 assistance special revenue funds to the miscellaneous special revenue 3 fund, office of temporary and disability assistance program account 4 (21980). 5 6. $35,000,000 from any of the office of children and family services, 6 office of temporary and disability assistance, department of labor, and 7 department of health special revenue federal funds to the office of 8 children and family services miscellaneous special revenue fund, multi- 9 agency training contract account (21989). 10 7. $205,000,000 from the miscellaneous special revenue fund, youth 11 facility per diem account (22186), to the general fund. 12 8. $621,850 from the general fund to the combined gifts, grants, and 13 bequests fund, WB Hoyt Memorial account (20128). 14 9. $5,000,000 from the miscellaneous special revenue fund, state 15 central registry (22028), to the general fund. 16 10. $900,000 from the general fund to the Veterans' Remembrance and 17 Cemetery Maintenance and Operation account (20201). 18 11. $905,000,000 from the general fund to the housing program fund 19 (31850). 20 12. Up to $10,000,000 from any of the office of children and family 21 services special revenue federal funds to the office of the court admin- 22 istration special revenue other federal iv-e funds account. 23 General Government: 24 1. $12,000,000 from the general fund to the health insurance revolving 25 fund (55300). 26 2. $292,400,000 from the health insurance reserve receipts fund 27 (60550) to the general fund. 28 3. $150,000 from the general fund to the not-for-profit revolving loan 29 fund (20650). 30 4. $150,000 from the not-for-profit revolving loan fund (20650) to the 31 general fund. 32 5. $3,000,000 from the miscellaneous special revenue fund, surplus 33 property account (22036), to the general fund. 34 6. $19,000,000 from the miscellaneous special revenue fund, revenue 35 arrearage account (22024), to the general fund. 36 7. $1,826,000 from the miscellaneous special revenue fund, revenue 37 arrearage account (22024), to the miscellaneous special revenue fund, 38 authority budget office account (22138). 39 8. $1,000,000 from the miscellaneous special revenue fund, parking 40 account (22007), to the general fund, for the purpose of reimbursing the 41 costs of debt service related to state parking facilities. 42 9. $11,460,000 from the general fund to the agencies internal service 43 fund, central technology services account (55069), for the purpose of 44 enterprise technology projects. 45 10. $10,000,000 from the general fund to the agencies internal service 46 fund, state data center account (55062). 47 11. $12,000,000 from the miscellaneous special revenue fund, parking 48 account (22007), to the centralized services, building support services 49 account (55018). 50 12. $30,000,000 from the general fund to the internal service fund, 51 business services center account (55022). 52 13. $8,000,000 from the general fund to the internal service fund, 53 building support services account (55018). 54 14. $1,500,000 from the combined expendable trust fund, plaza special 55 events account (20120), to the general fund.
S. 4005--A 56 A. 3005--A 1 15. $50,000,000 from the New York State cannabis revenue fund (24800) 2 to the general fund. 3 16. A transfer from the general fund to the miscellaneous special 4 revenue fund, New York State Campaign Finance Fund Account (22211), up 5 to an amount equal to total reimbursements due to qualified candidates. 6 17. $6,000,000 from the miscellaneous special revenue fund, standards 7 and purchasing account (22019), to the general fund. 8 Health: 9 1. A transfer from the general fund to the combined gifts, grants and 10 bequests fund, breast cancer research and education account (20155), up 11 to an amount equal to the monies collected and deposited into that 12 account in the previous fiscal year. 13 2. A transfer from the general fund to the combined gifts, grants and 14 bequests fund, prostate cancer research, detection, and education 15 account (20183), up to an amount equal to the moneys collected and 16 deposited into that account in the previous fiscal year. 17 3. A transfer from the general fund to the combined gifts, grants and 18 bequests fund, Alzheimer's disease research and assistance account 19 (20143), up to an amount equal to the moneys collected and deposited 20 into that account in the previous fiscal year. 21 4. $8,940,000 from the HCRA resources fund (20800) to the miscella- 22 neous special revenue fund, empire state stem cell trust fund account 23 (22161). 24 5. $3,600,000 from the miscellaneous special revenue fund, certificate 25 of need account (21920), to the miscellaneous capital projects fund, 26 healthcare IT capital subfund (32216). 27 6. $4,000,000 from the miscellaneous special revenue fund, vital 28 health records account (22103), to the miscellaneous capital projects 29 fund, healthcare IT capital subfund (32216). 30 7. $6,000,000 from the miscellaneous special revenue fund, profes- 31 sional medical conduct account (22088), to the miscellaneous capital 32 projects fund, healthcare IT capital subfund (32216). 33 8. $114,500,000 from the HCRA resources fund (20800) to the capital 34 projects fund (30000). 35 9. $6,550,000 from the general fund to the medical cannabis trust 36 fund, health operation and oversight account (23755). 37 10. An amount up to the unencumbered balance from the charitable gifts 38 trust fund, health charitable account (24900), to the general fund, for 39 payment of general support for primary, preventive, and inpatient health 40 care, dental and vision care, hunger prevention and nutritional assist- 41 ance, and other services for New York state residents with the overall 42 goal of ensuring that New York state residents have access to quality 43 health care and other related services. 44 11. $500,000 from the miscellaneous special revenue fund, New York 45 State cannabis revenue fund, to the miscellaneous special revenue fund, 46 environmental laboratory fee account (21959). 47 12. An amount up to the unencumbered balance from the public health 48 emergency charitable gifts trust fund to the general fund, for payment 49 of goods and services necessary to respond to a public health disaster 50 emergency or to assist or aid in responding to such a disaster. 51 13. $1,000,000,000 from the general fund to the health care transfor- 52 mation fund (24850). 53 14. $2,590,000 from the miscellaneous special revenue fund, patient 54 safety center account (22140), to the general fund. 55 15. $1,000,000 from the miscellaneous special revenue fund, nursing 56 home receivership account (21925), to the general fund.
S. 4005--A 57 A. 3005--A 1 16. $130,000 from the miscellaneous special revenue fund, quality of 2 care account (21915), to the general fund. 3 17. $2,200,000 from the miscellaneous special revenue fund, adult home 4 quality enhancement account (22091), to the general fund. 5 18. $7,429,000 from the general fund, to the miscellaneous special 6 revenue fund, helen hayes hospital account (22140). 7 19. $1,117,000 from the general fund, to the miscellaneous special 8 revenue fund, New York city veterans' home account (22141). 9 20. $813,000 from the general fund, to the miscellaneous special 10 revenue fund, New York state home for veterans' and their dependents at 11 oxford account (22142). 12 21. $313,000 from the general fund, to the miscellaneous special 13 revenue fund, western New York veterans' home account (22143). 14 22. $1,473,000 from the general fund, to the miscellaneous special 15 revenue fund, New York state for veterans in the lower-hudson valley 16 account (22144). 17 Labor: 18 1. $600,000 from the miscellaneous special revenue fund, DOL fee and 19 penalty account (21923), to the child performer's protection fund, child 20 performer protection account (20401). 21 2. $11,700,000 from the unemployment insurance interest and penalty 22 fund, unemployment insurance special interest and penalty account 23 (23601), to the general fund. 24 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy- 25 ment insurance special interest and penalty account (23601), and public 26 work enforcement account (21998), to the general fund. 27 4. $850,000 from the miscellaneous special revenue fund, DOL elevator 28 safety program fund (22252) to the miscellaneous special revenue fund, 29 DOL fee and penalty account (21923). 30 Mental Hygiene: 31 1. $3,800,000 from the general fund, to the agencies internal service 32 fund, civil service EHS occupational health program account (55056). 33 2. $2,000,000 from the general fund, to the mental hygiene facilities 34 capital improvement fund (32300). 35 3. $20,000,000 from the opioid settlement fund (23817) to the miscel- 36 laneous capital projects fund, opioid settlement capital account. 37 4. $20,000,000 from the miscellaneous capital projects fund, opioid 38 settlement capital account to the opioid settlement fund (23817). 39 Public Protection: 40 1. $1,350,000 from the miscellaneous special revenue fund, emergency 41 management account (21944), to the general fund. 42 2. $2,587,000 from the general fund to the miscellaneous special 43 revenue fund, recruitment incentive account (22171). 44 3. $23,773,000 from the general fund to the correctional industries 45 revolving fund, correctional industries internal service account 46 (55350). 47 4. $2,000,000,000 from any of the division of homeland security and 48 emergency services special revenue federal funds to the general fund. 49 5. $115,420,000 from the state police motor vehicle law enforcement 50 and motor vehicle theft and insurance fraud prevention fund, state 51 police motor vehicle enforcement account (22802), to the general fund 52 for state operation expenses of the division of state police. 53 6. $138,272,000 from the general fund to the correctional facilities 54 capital improvement fund (32350). 55 7. $5,000,000 from the general fund to the dedicated highway and 56 bridge trust fund (30050) for the purpose of work zone safety activities
S. 4005--A 58 A. 3005--A 1 provided by the division of state police for the department of transpor- 2 tation. 3 8. $10,000,000 from the miscellaneous special revenue fund, statewide 4 public safety communications account (22123), to the capital projects 5 fund (30000). 6 9. $9,830,000 from the miscellaneous special revenue fund, legal 7 services assistance account (22096), to the general fund. 8 10. $1,000,000 from the general fund to the agencies internal service 9 fund, neighborhood work project account (55059). 10 11. $7,980,000 from the miscellaneous special revenue fund, finger- 11 print identification & technology account (21950), to the general fund. 12 12. $1,100,000 from the state police motor vehicle law enforcement and 13 motor vehicle theft and insurance fraud prevention fund, motor vehicle 14 theft and insurance fraud account (22801), to the general fund. 15 13. $14,400,000 from the general fund to the miscellaneous special 16 revenue fund, criminal justice improvement account (21945). 17 14. $2,000,000 from the general fund to the miscellaneous special 18 revenue fund, hazard mitigation revolving loan account. 19 Transportation: 20 1. $20,000,000 from the general fund to the mass transportation oper- 21 ating assistance fund, public transportation systems operating assist- 22 ance account (21401), of which $12,000,000 constitutes the base need for 23 operations. 24 2. $727,500,000 from the general fund to the dedicated highway and 25 bridge trust fund (30050). 26 3. $244,250,000 from the general fund to the MTA financial assistance 27 fund, mobility tax trust account (23651). 28 4. $5,000,000 from the miscellaneous special revenue fund, transporta- 29 tion regulation account (22067) to the dedicated highway and bridge 30 trust fund (30050), for disbursements made from such fund for motor 31 carrier safety that are in excess of the amounts deposited in the dedi- 32 cated highway and bridge trust fund (30050) for such purpose pursuant to 33 section 94 of the transportation law. 34 5. $477,000 from the miscellaneous special revenue fund, traffic adju- 35 dication account (22055), to the general fund. 36 6. $5,000,000 from the miscellaneous special revenue fund, transporta- 37 tion regulation account (22067) to the general fund, for disbursements 38 made from such fund for motor carrier safety that are in excess of the 39 amounts deposited in the general fund for such purpose pursuant to 40 section 94 of the transportation law. 41 Miscellaneous: 42 1. $250,000,000 from the general fund to any funds or accounts for the 43 purpose of reimbursing certain outstanding accounts receivable balances. 44 2. $500,000,000 from the general fund to the debt reduction reserve 45 fund (40000). 46 3. $450,000,000 from the New York state storm recovery capital fund 47 (33000) to the revenue bond tax fund (40152). 48 4. $15,500,000 from the general fund, community projects account GG 49 (10256), to the general fund, state purposes account (10050). 50 5. $100,000,000 from any special revenue federal fund to the general 51 fund, state purposes account (10050). 52 6. $8,250,000,000 from the special revenue federal fund, ARPA-Fiscal 53 Recovery Fund (25546) to the general fund, state purposes account 54 (10050) to cover eligible costs incurred by the state.
S. 4005--A 59 A. 3005--A 1 § 3. 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, on or before March 31, 2024: 4 1. Upon request of the commissioner of environmental conservation, up 5 to $12,745,400 from revenues credited to any of the department of envi- 6 ronmental conservation special revenue funds, including $4,000,000 from 7 the environmental protection and oil spill compensation fund (21200), 8 and $1,834,600 from the conservation fund (21150), to the environmental 9 conservation special revenue fund, indirect charges account (21060). 10 2. Upon request of the commissioner of agriculture and markets, up to 11 $3,000,000 from any special revenue fund or enterprise fund within the 12 department of agriculture and markets to the general fund, to pay appro- 13 priate administrative expenses. 14 3. Upon request of the commissioner of the division of housing and 15 community renewal, up to $6,221,000 from revenues credited to any divi- 16 sion of housing and community renewal federal or miscellaneous special 17 revenue fund to the miscellaneous special revenue fund, housing indirect 18 cost recovery account (22090). 19 4. Upon request of the commissioner of the division of housing and 20 community renewal, up to $5,500,000 may be transferred from any miscel- 21 laneous special revenue fund account, to any miscellaneous special 22 revenue fund. 23 5. Upon request of the commissioner of health up to $13,694,000 from 24 revenues credited to any of the department of health's special revenue 25 funds, to the miscellaneous special revenue fund, administration account 26 (21982). 27 6. Upon the request of the attorney general, up to $4,000,000 from 28 revenues credited to the federal health and human services fund, federal 29 health and human services account (25117) or the miscellaneous special 30 revenue fund, recoveries and revenue account (22041), to the miscella- 31 neous special revenue fund, litigation settlement and civil recovery 32 account (22117). 33 § 4. On or before March 31, 2024, the comptroller is hereby authorized 34 and directed to deposit earnings that would otherwise accrue to the 35 general fund that are attributable to the operation of section 98-a of 36 the state finance law, to the agencies internal service fund, banking 37 services account (55057), for the purpose of meeting direct payments 38 from such account. 39 § 5. Notwithstanding any law to the contrary, upon the direction of 40 the director of the budget and upon requisition by the state university 41 of New York, the dormitory authority of the state of New York is 42 directed to transfer, up to $22,000,000 in revenues generated from the 43 sale of notes or bonds, the state university income fund general revenue 44 account (22653) for reimbursement of bondable equipment for further 45 transfer to the state's general fund. 46 § 6. Notwithstanding any law to the contrary, and in accordance with 47 section 4 of the state finance law, the comptroller is hereby authorized 48 and directed to transfer, upon request of the director of the budget and 49 upon consultation with the state university chancellor or his or her 50 designee, on or before March 31, 2024, up to $16,000,000 from the state 51 university income fund general revenue account (22653) to the state 52 general fund for debt service costs related to campus supported capital 53 project costs for the NY-SUNY 2020 challenge grant program at the 54 University at Buffalo. 55 § 7. Notwithstanding any law to the contrary, and in accordance with 56 section 4 of the state finance law, the comptroller is hereby authorized
S. 4005--A 60 A. 3005--A 1 and directed to transfer, upon request of the director of the budget and 2 upon consultation with the state university chancellor or his or her 3 designee, on or before March 31, 2024, up to $6,500,000 from the state 4 university income fund general revenue account (22653) to the state 5 general fund for debt service costs related to campus supported capital 6 project costs for the NY-SUNY 2020 challenge grant program at the 7 University at Albany. 8 § 8. Notwithstanding any law to the contrary, the state university 9 chancellor or his or her designee is authorized and directed to transfer 10 estimated tuition revenue balances from the state university collection 11 fund (61000) to the state university income fund, state university 12 general revenue offset account (22655) on or before March 31, 2024. 13 § 9. Notwithstanding any law to the contrary, and in accordance with 14 section 4 of the state finance law, the comptroller is hereby authorized 15 and directed to transfer, upon request of the director of the budget, up 16 to $1,226,598,500 from the general fund to the state university income 17 fund, state university general revenue offset account (22655) during the 18 period of July 1, 2023 through June 30, 2024 to support operations at 19 the state university. 20 § 10. Notwithstanding any law to the contrary, and in accordance with 21 section 4 of the state finance law, the comptroller is hereby authorized 22 and directed to transfer, upon request of the director of the budget, up 23 to $62,340,000 from the general fund to the state university income 24 fund, state university general revenue offset account (22655) during the 25 period of July 1, 2023 to June 30, 2024 for general fund operating 26 support pursuant to subparagraph (4-b) of paragraph h of subdivision 2 27 of section three hundred fifty-five of the education law. 28 § 11. Notwithstanding any law to the contrary, and in accordance with 29 section 4 of the state finance law, the comptroller is hereby authorized 30 and directed to transfer, upon request of the director of the budget, up 31 to $20,000,000 from the general fund to the state university income 32 fund, state university general revenue offset account (22655) during the 33 period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit 34 pursuant to subdivision two of section six hundred sixty-nine-h of the 35 education law. 36 § 12. Notwithstanding any law to the contrary, and in accordance with 37 section 4 of the state finance law, the comptroller is hereby authorized 38 and directed to transfer, upon request of the state university chancel- 39 lor or his or her designee, up to $55,000,000 from the state university 40 income fund, state university hospitals income reimbursable account 41 (22656), for services and expenses of hospital operations and capital 42 expenditures at the state university hospitals; and the state university 43 income fund, Long Island veterans' home account (22652) to the state 44 university capital projects fund (32400) on or before June 30, 2024. 45 § 13. Notwithstanding any law to the contrary, and in accordance with 46 section 4 of the state finance law, the comptroller, after consultation 47 with the state university chancellor or his or her designee, is hereby 48 authorized and directed to transfer moneys, in the first instance, from 49 the state university collection fund, Stony Brook hospital collection 50 account (61006), Brooklyn hospital collection account (61007), and Syra- 51 cuse hospital collection account (61008) to the state university income 52 fund, state university hospitals income reimbursable account (22656) in 53 the event insufficient funds are available in the state university 54 income fund, state university hospitals income reimbursable account 55 (22656) to permit the full transfer of moneys authorized for transfer, 56 to the general fund for payment of debt service related to the SUNY
S. 4005--A 61 A. 3005--A 1 hospitals. Notwithstanding any law to the contrary, the comptroller is 2 also hereby authorized and directed, after consultation with the state 3 university chancellor or his or her designee, to transfer moneys from 4 the state university income fund to the state university income fund, 5 state university hospitals income reimbursable account (22656) in the 6 event insufficient funds are available in the state university income 7 fund, state university hospitals income reimbursable account (22656) to 8 pay hospital operating costs or to permit the full transfer of moneys 9 authorized for transfer, to the general fund for payment of debt service 10 related to the SUNY hospitals on or before March 31, 2024. 11 § 14. Notwithstanding any law to the contrary, upon the direction of 12 the director of the budget and the chancellor of the state university of 13 New York or his or her designee, and in accordance with section 4 of the 14 state finance law, the comptroller is hereby authorized and directed to 15 transfer monies from the state university dormitory income fund (40350) 16 to the state university residence hall rehabilitation fund (30100), and 17 from the state university residence hall rehabilitation fund (30100) to 18 the state university dormitory income fund (40350), in an amount not to 19 exceed $100 million from each fund. 20 § 15. Notwithstanding any law to the contrary, and in accordance with 21 section 4 of the state finance law, the comptroller is hereby authorized 22 and directed to transfer, at the request of the director of the budget, 23 up to $700 million from the unencumbered balance of any special revenue 24 fund or account, agency fund or account, internal service fund or 25 account, enterprise fund or account, or any combination of such funds 26 and accounts, to the general fund. The amounts transferred pursuant to 27 this authorization shall be in addition to any other transfers expressly 28 authorized in the 2023-24 budget. Transfers from federal funds, debt 29 service funds, capital projects funds, the community projects fund, or 30 funds that would result in the loss of eligibility for federal benefits 31 or federal funds pursuant to federal law, rule, or regulation as assent- 32 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 33 1951 are not permitted pursuant to this authorization. 34 § 16. Notwithstanding any law to the contrary, and in accordance with 35 section 4 of the state finance law, the comptroller is hereby authorized 36 and directed to transfer, at the request of the director of the budget, 37 up to $100 million from any non-general fund or account, or combination 38 of funds and accounts, to the miscellaneous special revenue fund, tech- 39 nology financing account (22207), the miscellaneous capital projects 40 fund, the federal capital projects account (31350), information technol- 41 ogy capital financing account (32215), or the centralized technology 42 services account (55069), for the purpose of consolidating technology 43 procurement and services. The amounts transferred to the miscellaneous 44 special revenue fund, technology financing account (22207) pursuant to 45 this authorization shall be equal to or less than the amount of such 46 monies intended to support information technology costs which are 47 attributable, according to a plan, to such account made in pursuance to 48 an appropriation by law. Transfers to the technology financing account 49 shall be completed from amounts collected by non-general funds or 50 accounts pursuant to a fund deposit schedule or permanent statute, and 51 shall be transferred to the technology financing account pursuant to a 52 schedule agreed upon by the affected agency commissioner. Transfers from 53 funds that would result in the loss of eligibility for federal benefits 54 or federal funds pursuant to federal law, rule, or regulation as assent- 55 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 56 1951 are not permitted pursuant to this authorization.
S. 4005--A 62 A. 3005--A 1 § 17. 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, at the request of the director of the budget, 4 up to $400 million from any non-general fund or account, or combination 5 of funds and accounts, to the general fund for the purpose of consol- 6 idating technology procurement and services. The amounts transferred 7 pursuant to this authorization shall be equal to or less than the amount 8 of such monies intended to support information technology costs which 9 are attributable, according to a plan, to such account made in pursuance 10 to an appropriation by law. Transfers to the general fund shall be 11 completed from amounts collected by non-general funds or accounts pursu- 12 ant to a fund deposit schedule. Transfers from funds that would result 13 in the loss of eligibility for federal benefits or federal funds pursu- 14 ant to federal law, rule, or regulation as assented to in chapter 683 of 15 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 16 pursuant to this authorization. 17 § 18. Notwithstanding any provision of law to the contrary, as deemed 18 feasible and advisable by its trustees, the power authority of the state 19 of New York is authorized and directed to transfer to the state treasury 20 to the credit of the general fund up to $20,000,000 for the state fiscal 21 year commencing April 1, 2023, the proceeds of which will be utilized to 22 support energy-related state activities. 23 § 19. Notwithstanding any provision of law, rule or regulation to the 24 contrary, the New York state energy research and development authority 25 is authorized and directed to contribute $913,000 to the state treasury 26 to the credit of the general fund on or before March 31, 2024. 27 § 20. Notwithstanding any provision of law, rule or regulation to the 28 contrary, the New York state energy research and development authority 29 is authorized and directed to transfer five million dollars to the cred- 30 it of the Environmental Protection Fund on or before March 31, 2024 from 31 proceeds collected by the authority from the auction or sale of carbon 32 dioxide emission allowances allocated by the department of environmental 33 conservation. 34 § 21. Subdivision 5 of section 97-rrr of the state finance law, as 35 amended by section 21 of part FFF of chapter 56 of the laws of 2022, is 36 amended to read as follows: 37 5. Notwithstanding the provisions of section one hundred seventy-one-a 38 of the tax law, as separately amended by chapters four hundred eighty- 39 one and four hundred eighty-four of the laws of nineteen hundred eight- 40 y-one, and notwithstanding the provisions of chapter ninety-four of the 41 laws of two thousand eleven, or any other provisions of law to the 42 contrary, during the fiscal year beginning April first, two thousand 43 [twenty-two] twenty-three, the state comptroller is hereby authorized 44 and directed to deposit to the fund created pursuant to this section 45 from amounts collected pursuant to article twenty-two of the tax law and 46 pursuant to a schedule submitted by the director of the budget, up to 47 [$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as 48 necessary to meet the purposes of such fund for the fiscal year begin- 49 ning April first, two thousand [twenty-two] twenty-three. 50 § 22. Notwithstanding any law to the contrary, the comptroller is 51 hereby authorized and directed to transfer, upon request of the director 52 of the budget, on or before March 31, 2024, the following amounts from 53 the following special revenue accounts to the capital projects fund 54 (30000), for the purposes of reimbursement to such fund for expenses 55 related to the maintenance and preservation of state assets:
S. 4005--A 63 A. 3005--A 1 1. $43,000 from the miscellaneous special revenue fund, administrative 2 program account (21982). 3 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes 4 hospital account (22140). 5 3. $456,000 from the miscellaneous special revenue fund, New York city 6 veterans' home account (22141). 7 4. $570,000 from the miscellaneous special revenue fund, New York 8 state home for veterans' and their dependents at oxford account (22142). 9 5. $170,000 from the miscellaneous special revenue fund, western New 10 York veterans' home account (22143). 11 6. $323,000 from the miscellaneous special revenue fund, New York 12 state for veterans in the lower-hudson valley account (22144). 13 7. $2,550,000 from the miscellaneous special revenue fund, patron 14 services account (22163). 15 8. $9,016,000 from the miscellaneous special revenue fund, state 16 university general income reimbursable account (22653). 17 9. $142,782,000 from the miscellaneous special revenue fund, state 18 university revenue offset account (22655). 19 10. $51,897,000 from the state university dormitory income fund, state 20 university dormitory income fund (40350). 21 11. $1,000,000 from the miscellaneous special revenue fund, litigation 22 settlement and civil recovery account (22117). 23 § 23. Section 60 of part FFF of chapter 56 of the laws of 2022 24 providing for the administration of certain funds and accounts related 25 to the 2022-2023 budget, is amended to read as follows: 26 § 60. This act shall take effect immediately and shall be deemed to 27 have been in full force and effect on and after April 1, 2022; provided, 28 however, that the provisions of sections one, one-a, two, three, four, 29 five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven- 30 teen, eighteen, nineteen, twenty[,] and twenty-two[, and twenty-three] 31 of this act shall expire March 31, 2023 when upon such [date] dates the 32 provisions of such sections shall be deemed repealed; provided, further, 33 that the amendments to section 89-h of the state finance law made by 34 section twenty-eight of this act shall not affect the repeal of such 35 section and shall be deemed repealed therewith; and provided, further, 36 that section twenty-eight-a of this act shall expire March 31, 2027. 37 § 24. Subdivision 5 of section 183 of the military law, as amended by 38 section 2 of part O of chapter 55 of the laws of 2018, is amended to 39 read as follows: 40 5. All moneys paid as rent as provided in this section, together with 41 all sums paid to cover expenses of heating and lighting, shall be trans- 42 mitted by the officer in charge and control of the armory through the 43 adjutant general to the state treasury for deposit to the [agencies 44 enterprise fund] miscellaneous special revenue fund - 339 armory rental 45 account. 46 § 25. Subdivision 2 of section 92-cc of the state finance law, as 47 amended by section 26 of part FFF of chapter 56 of the laws of 2022, is 48 amended to read as follows: 49 2. Such fund shall have a maximum balance not to exceed [fifteen] 50 twenty per centum of the aggregate amount projected to be disbursed from 51 the [general fund] state operating funds during [the fiscal year imme- 52 diately following] the then-current fiscal year as estimated in the 53 enacted budget financial plan. At the request of the director of the 54 budget, the state comptroller shall transfer monies to the rainy day 55 reserve fund up to and including an amount equivalent to [three] ten per 56 centum of the aggregate amount projected to be disbursed from the
S. 4005--A 64 A. 3005--A 1 [general fund] state operating funds during the then-current fiscal year 2 as estimated in the enacted budget financial plan, unless such transfer 3 would increase the rainy day reserve fund to an amount in excess of 4 [fifteen] twenty per centum of the aggregate amount projected to be 5 disbursed from the [general fund] state operating funds during the 6 [fiscal year immediately following the] then-current fiscal year as 7 estimated in the enacted budget financial plan, in which event such 8 transfer shall be limited to such amount as will increase the rainy day 9 reserve fund to such [fifteen] twenty per centum limitation. 10 § 26. Notwithstanding any other law, rule, or regulation to the 11 contrary, the state comptroller is hereby authorized and directed to use 12 any balance remaining in the mental health services fund debt service 13 appropriation, after payment by the state comptroller of all obligations 14 required pursuant to any lease, sublease, or other financing arrangement 15 between the dormitory authority of the state of New York as successor to 16 the New York state medical care facilities finance agency, and the 17 facilities development corporation pursuant to chapter 83 of the laws of 18 1995 and the department of mental hygiene for the purpose of making 19 payments to the dormitory authority of the state of New York for the 20 amount of the earnings for the investment of monies deposited in the 21 mental health services fund that such agency determines will or may have 22 to be rebated to the federal government pursuant to the provisions of 23 the internal revenue code of 1986, as amended, in order to enable such 24 agency to maintain the exemption from federal income taxation on the 25 interest paid to the holders of such agency's mental services facilities 26 improvement revenue bonds. Annually on or before each June 30th, such 27 agency shall certify to the state comptroller its determination of the 28 amounts received in the mental health services fund as a result of the 29 investment of monies deposited therein that will or may have to be 30 rebated to the federal government pursuant to the provisions of the 31 internal revenue code of 1986, as amended. 32 § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws 33 of 1997, relating to the financing of the correctional facilities 34 improvement fund and the youth facility improvement fund, as amended by 35 section 30 of part FFF of chapter 56 of the laws of 2022, is amended to 36 read as follows: 37 1. Subject to the provisions of chapter 59 of the laws of 2000, but 38 notwithstanding the provisions of section 18 of section 1 of chapter 174 39 of the laws of 1968, the New York state urban development corporation is 40 hereby authorized to issue bonds, notes and other obligations in an 41 aggregate principal amount not to exceed [nine billion five hundred two 42 million seven hundred thirty-nine thousand dollars $9,502,739,000] nine 43 billion eight hundred sixty-five million eight hundred fifty-nine thou- 44 sand dollars $9,865,859,000, and shall include all bonds, notes and 45 other obligations issued pursuant to chapter 56 of the laws of 1983, as 46 amended or supplemented. The proceeds of such bonds, notes or other 47 obligations shall be paid to the state, for deposit in the correctional 48 facilities capital improvement fund to pay for all or any portion of the 49 amount or amounts paid by the state from appropriations or reappropri- 50 ations made to the department of corrections and community supervision 51 from the correctional facilities capital improvement fund for capital 52 projects. The aggregate amount of bonds, notes or other obligations 53 authorized to be issued pursuant to this section shall exclude bonds, 54 notes or other obligations issued to refund or otherwise repay bonds, 55 notes or other obligations theretofore issued, the proceeds of which 56 were paid to the state for all or a portion of the amounts expended by
S. 4005--A 65 A. 3005--A 1 the state from appropriations or reappropriations made to the department 2 of corrections and community supervision; provided, however, that upon 3 any such refunding or repayment the total aggregate principal amount of 4 outstanding bonds, notes or other obligations may be greater than [nine 5 billion five hundred two million seven hundred thirty-nine thousand 6 dollars $9,502,739,000] nine billion eight hundred sixty-five million 7 eight hundred fifty-nine thousand dollars $9,865,859,000, only if the 8 present value of the aggregate debt service of the refunding or repay- 9 ment bonds, notes or other obligations to be issued shall not exceed the 10 present value of the aggregate debt service of the bonds, notes or other 11 obligations so to be refunded or repaid. For the purposes hereof, the 12 present value of the aggregate debt service of the refunding or repay- 13 ment bonds, notes or other obligations and of the aggregate debt service 14 of the bonds, notes or other obligations so refunded or repaid, shall be 15 calculated by utilizing the effective interest rate of the refunding or 16 repayment bonds, notes or other obligations, which shall be that rate 17 arrived at by doubling the semi-annual interest rate (compounded semi- 18 annually) necessary to discount the debt service payments on the refund- 19 ing or repayment bonds, notes or other obligations from the payment 20 dates thereof to the date of issue of the refunding or repayment bonds, 21 notes or other obligations and to the price bid including estimated 22 accrued interest or proceeds received by the corporation including esti- 23 mated accrued interest from the sale thereof. 24 § 28. Subdivision (a) of section 27 of part Y of chapter 61 of the 25 laws of 2005, relating to providing for the administration of certain 26 funds and accounts related to the 2005-2006 budget, as amended by 27 section 31 of part FFF of chapter 56 of the laws of 2022, is amended to 28 read as follows: 29 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 30 notwithstanding any provisions of law to the contrary, the urban devel- 31 opment corporation is hereby authorized to issue bonds or notes in one 32 or more series in an aggregate principal amount not to exceed [four 33 hundred twenty-six million one hundred thousand dollars $426,100,000] 34 five hundred thirty-eight million one hundred thousand dollars 35 $538,100,000, excluding bonds issued to finance one or more debt service 36 reserve funds, to pay costs of issuance of such bonds, and bonds or 37 notes issued to refund or otherwise repay such bonds or notes previously 38 issued, for the purpose of financing capital projects including IT 39 initiatives for the division of state police, debt service and leases; 40 and to reimburse the state general fund for disbursements made therefor. 41 Such bonds and notes of such authorized issuer shall not be a debt of 42 the state, and the state shall not be liable thereon, nor shall they be 43 payable out of any funds other than those appropriated by the state to 44 such authorized issuer for debt service and related expenses pursuant to 45 any service contract executed pursuant to subdivision (b) of this 46 section and such bonds and notes shall contain on the face thereof a 47 statement to such effect. Except for purposes of complying with the 48 internal revenue code, any interest income earned on bond proceeds shall 49 only be used to pay debt service on such bonds. 50 § 29. Subdivision 3 of section 1285-p of the public authorities law, 51 as amended by section 32 of part FFF of chapter 56 of the laws of 2022, 52 is amended to read as follows: 53 3. The maximum amount of bonds that may be issued for the purpose of 54 financing environmental infrastructure projects authorized by this 55 section shall be [eight billion one hundred seventy-one million one 56 hundred ten thousand dollars $8,171,110,000] nine billion three hundred
S. 4005--A 66 A. 3005--A 1 eight million two hundred ten thousand dollars $9,308,210,000, exclusive 2 of bonds issued to fund any debt service reserve funds, pay costs of 3 issuance of such bonds, and bonds or notes issued to refund or otherwise 4 repay bonds or notes previously issued. Such bonds and notes of the 5 corporation shall not be a debt of the state, and the state shall not be 6 liable thereon, nor shall they be payable out of any funds other than 7 those appropriated by the state to the corporation for debt service and 8 related expenses pursuant to any service contracts executed pursuant to 9 subdivision one of this section, and such bonds and notes shall contain 10 on the face thereof a statement to such effect. 11 § 30. Subdivision (a) of section 48 of part K of chapter 81 of the 12 laws of 2002, relating to providing for the administration of certain 13 funds and accounts related to the 2002-2003 budget, as amended by 14 section 33 of part FFF of chapter 56 of the laws of 2022, is amended to 15 read as follows: 16 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 17 notwithstanding the provisions of section 18 of the urban development 18 corporation act, the corporation is hereby authorized to issue bonds or 19 notes in one or more series in an aggregate principal amount not to 20 exceed [three hundred eighty-three million five hundred thousand dollars 21 $383,500,000] four hundred seventy-six million five hundred thousand 22 dollars $476,500,000, excluding bonds issued to fund one or more debt 23 service reserve funds, to pay costs of issuance of such bonds, and bonds 24 or notes issued to refund or otherwise repay such bonds or notes previ- 25 ously issued, for the purpose of financing capital costs related to 26 homeland security and training facilities for the division of state 27 police, the division of military and naval affairs, and any other state 28 agency, including the reimbursement of any disbursements made from the 29 state capital projects fund, and is hereby authorized to issue bonds or 30 notes in one or more series in an aggregate principal amount not to 31 exceed [one billion six hundred four million nine hundred eighty-six 32 thousand dollars $1,604,986,000] one billion seven hundred ten million 33 eighty-six thousand dollars $1,710,086,000, excluding bonds issued to 34 fund one or more debt service reserve funds, to pay costs of issuance of 35 such bonds, and bonds or notes issued to refund or otherwise repay such 36 bonds or notes previously issued, for the purpose of financing improve- 37 ments to State office buildings and other facilities located statewide, 38 including the reimbursement of any disbursements made from the state 39 capital projects fund. Such bonds and notes of the corporation shall not 40 be a debt of the state, and the state shall not be liable thereon, nor 41 shall they be payable out of any funds other than those appropriated by 42 the state to the corporation for debt service and related expenses 43 pursuant to any service contracts executed pursuant to subdivision (b) 44 of this section, and such bonds and notes shall contain on the face 45 thereof a statement to such effect. 46 § 31. Paragraph (c) of subdivision 19 of section 1680 of the public 47 authorities law, as amended by section 34 of part FFF of chapter 56 of 48 the laws of 2022, is amended to read as follows: 49 (c) Subject to the provisions of chapter fifty-nine of the laws of two 50 thousand, the dormitory authority shall not issue any bonds for state 51 university educational facilities purposes if the principal amount of 52 bonds to be issued when added to the aggregate principal amount of bonds 53 issued by the dormitory authority on and after July first, nineteen 54 hundred eighty-eight for state university educational facilities will 55 exceed [sixteen billion six hundred eleven million five hundred sixty- 56 four thousand dollars $16,611,564,000] seventeen billion nine hundred
S. 4005--A 67 A. 3005--A 1 thirty-seven million five hundred sixty-four thousand dollars 2 $17,937,564,000; provided, however, that bonds issued or to be issued 3 shall be excluded from such limitation if: (1) such bonds are issued to 4 refund state university construction bonds and state university 5 construction notes previously issued by the housing finance agency; or 6 (2) such bonds are issued to refund bonds of the authority or other 7 obligations issued for state university educational facilities purposes 8 and the present value of the aggregate debt service on the refunding 9 bonds does not exceed the present value of the aggregate debt service on 10 the bonds refunded thereby; provided, further that upon certification by 11 the director of the budget that the issuance of refunding bonds or other 12 obligations issued between April first, nineteen hundred ninety-two and 13 March thirty-first, nineteen hundred ninety-three will generate long 14 term economic benefits to the state, as assessed on a present value 15 basis, such issuance will be deemed to have met the present value test 16 noted above. For purposes of this subdivision, the present value of the 17 aggregate debt service of the refunding bonds and the aggregate debt 18 service of the bonds refunded, shall be calculated by utilizing the true 19 interest cost of the refunding bonds, which shall be that rate arrived 20 at by doubling the semi-annual interest rate (compounded semi-annually) 21 necessary to discount the debt service payments on the refunding bonds 22 from the payment dates thereof to the date of issue of the refunding 23 bonds to the purchase price of the refunding bonds, including interest 24 accrued thereon prior to the issuance thereof. The maturity of such 25 bonds, other than bonds issued to refund outstanding bonds, shall not 26 exceed the weighted average economic life, as certified by the state 27 university construction fund, of the facilities in connection with which 28 the bonds are issued, and in any case not later than the earlier of 29 thirty years or the expiration of the term of any lease, sublease or 30 other agreement relating thereto; provided that no note, including 31 renewals thereof, shall mature later than five years after the date of 32 issuance of such note. The legislature reserves the right to amend or 33 repeal such limit, and the state of New York, the dormitory authority, 34 the state university of New York, and the state university construction 35 fund are prohibited from covenanting or making any other agreements with 36 or for the benefit of bondholders which might in any way affect such 37 right. 38 § 32. Paragraph (c) of subdivision 14 of section 1680 of the public 39 authorities law, as amended by section 35 of part FFF of chapter 56 of 40 the laws of 2022, is amended to read as follows: 41 (c) Subject to the provisions of chapter fifty-nine of the laws of two 42 thousand, (i) the dormitory authority shall not deliver a series of 43 bonds for city university community college facilities, except to refund 44 or to be substituted for or in lieu of other bonds in relation to city 45 university community college facilities pursuant to a resolution of the 46 dormitory authority adopted before July first, nineteen hundred eighty- 47 five or any resolution supplemental thereto, if the principal amount of 48 bonds so to be issued when added to all principal amounts of bonds 49 previously issued by the dormitory authority for city university commu- 50 nity college facilities, except to refund or to be substituted in lieu 51 of other bonds in relation to city university community college facili- 52 ties will exceed the sum of four hundred twenty-five million dollars and 53 (ii) the dormitory authority shall not deliver a series of bonds issued 54 for city university facilities, including community college facilities, 55 pursuant to a resolution of the dormitory authority adopted on or after 56 July first, nineteen hundred eighty-five, except to refund or to be
S. 4005--A 68 A. 3005--A 1 substituted for or in lieu of other bonds in relation to city university 2 facilities and except for bonds issued pursuant to a resolution supple- 3 mental to a resolution of the dormitory authority adopted prior to July 4 first, nineteen hundred eighty-five, if the principal amount of bonds so 5 to be issued when added to the principal amount of bonds previously 6 issued pursuant to any such resolution, except bonds issued to refund or 7 to be substituted for or in lieu of other bonds in relation to city 8 university facilities, will exceed [ten billion two hundred fifty-four 9 million six hundred eighty-six thousand dollars $10,254,686,000] ten 10 billion eight hundred seventy million six hundred fifty-two thousand 11 dollars $10,870,652,000. The legislature reserves the right to amend or 12 repeal such limit, and the state of New York, the dormitory authority, 13 the city university, and the fund are prohibited from covenanting or 14 making any other agreements with or for the benefit of bondholders which 15 might in any way affect such right. 16 § 33. Subdivision 10-a of section 1680 of the public authorities law, 17 as amended by section 36 of part FFF of chapter 56 of the laws of 2022, 18 is amended to read as follows: 19 10-a. Subject to the provisions of chapter fifty-nine of the laws of 20 two thousand, but notwithstanding any other provision of the law to the 21 contrary, the maximum amount of bonds and notes to be issued after March 22 thirty-first, two thousand two, on behalf of the state, in relation to 23 any locally sponsored community college, shall be [one billion one 24 hundred twenty-three million one hundred forty thousand dollars 25 $1,123,140,000] one billion two hundred twenty-seven million ninety- 26 five thousand dollars $1,227,095,000. Such amount shall be exclusive of 27 bonds and notes issued to fund any reserve fund or funds, costs of issu- 28 ance and to refund any outstanding bonds and notes, issued on behalf of 29 the state, relating to a locally sponsored community college. 30 § 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws 31 of 1997, relating to the financing of the correctional facilities 32 improvement fund and the youth facility improvement fund, as amended by 33 section 37 of part FFF of chapter 56 of the laws of 2022, is amended to 34 read as follows: 35 1. Subject to the provisions of chapter 59 of the laws of 2000, but 36 notwithstanding the provisions of section 18 of section 1 of chapter 174 37 of the laws of 1968, the New York state urban development corporation is 38 hereby authorized to issue bonds, notes and other obligations in an 39 aggregate principal amount not to exceed [nine hundred sixty-two million 40 seven hundred fifteen thousand dollars $962,715,000] one billion four- 41 teen million seven hundred thirty-five thousand dollars $1,014,735,000, 42 which authorization increases the aggregate principal amount of bonds, 43 notes and other obligations authorized by section 40 of chapter 309 of 44 the laws of 1996, and shall include all bonds, notes and other obli- 45 gations issued pursuant to chapter 211 of the laws of 1990, as amended 46 or supplemented. The proceeds of such bonds, notes or other obligations 47 shall be paid to the state, for deposit in the youth facilities improve- 48 ment fund or the capital projects fund, to pay for all or any portion of 49 the amount or amounts paid by the state from appropriations or reappro- 50 priations made to the office of children and family services from the 51 youth facilities improvement fund for capital projects. The aggregate 52 amount of bonds, notes and other obligations authorized to be issued 53 pursuant to this section shall exclude bonds, notes or other obligations 54 issued to refund or otherwise repay bonds, notes or other obligations 55 theretofore issued, the proceeds of which were paid to the state for all 56 or a portion of the amounts expended by the state from appropriations or
S. 4005--A 69 A. 3005--A 1 reappropriations made to the office of children and family services; 2 provided, however, that upon any such refunding or repayment the total 3 aggregate principal amount of outstanding bonds, notes or other obli- 4 gations may be greater than [nine hundred sixty-two million seven 5 hundred fifteen thousand dollars $962,715,000] one billion fourteen 6 million seven hundred thirty-five thousand dollars $1,014,735,000, only 7 if the present value of the aggregate debt service of the refunding or 8 repayment bonds, notes or other obligations to be issued shall not 9 exceed the present value of the aggregate debt service of the bonds, 10 notes or other obligations so to be refunded or repaid. For the purposes 11 hereof, the present value of the aggregate debt service of the refunding 12 or repayment bonds, notes or other obligations and of the aggregate debt 13 service of the bonds, notes or other obligations so refunded or repaid, 14 shall be calculated by utilizing the effective interest rate of the 15 refunding or repayment bonds, notes or other obligations, which shall be 16 that rate arrived at by doubling the semi-annual interest rate 17 (compounded semi-annually) necessary to discount the debt service 18 payments on the refunding or repayment bonds, notes or other obligations 19 from the payment dates thereof to the date of issue of the refunding or 20 repayment bonds, notes or other obligations and to the price bid includ- 21 ing estimated accrued interest or proceeds received by the corporation 22 including estimated accrued interest from the sale thereof. 23 § 35. Paragraph b of subdivision 2 of section 9-a of section 1 of 24 chapter 392 of the laws of 1973, constituting the New York state medical 25 care facilities finance agency act, as amended by section 38 of part FFF 26 of chapter 56 of the laws of 2022, is amended to read as follows: 27 b. The agency shall have power and is hereby authorized from time to 28 time to issue negotiable bonds and notes in conformity with applicable 29 provisions of the uniform commercial code in such principal amount as, 30 in the opinion of the agency, shall be necessary, after taking into 31 account other moneys which may be available for the purpose, to provide 32 sufficient funds to the facilities development corporation, or any 33 successor agency, for the financing or refinancing of or for the design, 34 construction, acquisition, reconstruction, rehabilitation or improvement 35 of mental health services facilities pursuant to paragraph a of this 36 subdivision, the payment of interest on mental health services improve- 37 ment bonds and mental health services improvement notes issued for such 38 purposes, the establishment of reserves to secure such bonds and notes, 39 the cost or premium of bond insurance or the costs of any financial 40 mechanisms which may be used to reduce the debt service that would be 41 payable by the agency on its mental health services facilities improve- 42 ment bonds and notes and all other expenditures of the agency incident 43 to and necessary or convenient to providing the facilities development 44 corporation, or any successor agency, with funds for the financing or 45 refinancing of or for any such design, construction, acquisition, recon- 46 struction, rehabilitation or improvement and for the refunding of mental 47 hygiene improvement bonds issued pursuant to section 47-b of the private 48 housing finance law; provided, however, that the agency shall not issue 49 mental health services facilities improvement bonds and mental health 50 services facilities improvement notes in an aggregate principal amount 51 exceeding [ten billion nine hundred forty-two million eight hundred 52 thirty-three thousand dollars $10,942,833,000] twelve billion four 53 hundred nine million one hundred fifty-seven thousand dollars 54 $12,409,157,000, excluding mental health services facilities improvement 55 bonds and mental health services facilities improvement notes issued to 56 refund outstanding mental health services facilities improvement bonds
S. 4005--A 70 A. 3005--A 1 and mental health services facilities improvement notes; provided, 2 however, that upon any such refunding or repayment of mental health 3 services facilities improvement bonds and/or mental health services 4 facilities improvement notes the total aggregate principal amount of 5 outstanding mental health services facilities improvement bonds and 6 mental health facilities improvement notes may be greater than [ten 7 billion nine hundred forty-two million eight hundred thirty-three thou- 8 sand dollars $10,942,833,000] twelve million four hundred nine million 9 one hundred fifty-seven thousand dollars $12,409,157,000, only if, 10 except as hereinafter provided with respect to mental health services 11 facilities bonds and mental health services facilities notes issued to 12 refund mental hygiene improvement bonds authorized to be issued pursuant 13 to the provisions of section 47-b of the private housing finance law, 14 the present value of the aggregate debt service of the refunding or 15 repayment bonds to be issued shall not exceed the present value of the 16 aggregate debt service of the bonds to be refunded or repaid. For 17 purposes hereof, the present values of the aggregate debt service of the 18 refunding or repayment bonds, notes or other obligations and of the 19 aggregate debt service of the bonds, notes or other obligations so 20 refunded or repaid, shall be calculated by utilizing the effective 21 interest rate of the refunding or repayment bonds, notes or other obli- 22 gations, which shall be that rate arrived at by doubling the semi-annual 23 interest rate (compounded semi-annually) necessary to discount the debt 24 service payments on the refunding or repayment bonds, notes or other 25 obligations from the payment dates thereof to the date of issue of the 26 refunding or repayment bonds, notes or other obligations and to the 27 price bid including estimated accrued interest or proceeds received by 28 the authority including estimated accrued interest from the sale there- 29 of. Such bonds, other than bonds issued to refund outstanding bonds, 30 shall be scheduled to mature over a term not to exceed the average 31 useful life, as certified by the facilities development corporation, of 32 the projects for which the bonds are issued, and in any case shall not 33 exceed thirty years and the maximum maturity of notes or any renewals 34 thereof shall not exceed five years from the date of the original issue 35 of such notes. Notwithstanding the provisions of this section, the agen- 36 cy shall have the power and is hereby authorized to issue mental health 37 services facilities improvement bonds and/or mental health services 38 facilities improvement notes to refund outstanding mental hygiene 39 improvement bonds authorized to be issued pursuant to the provisions of 40 section 47-b of the private housing finance law and the amount of bonds 41 issued or outstanding for such purposes shall not be included for 42 purposes of determining the amount of bonds issued pursuant to this 43 section. The director of the budget shall allocate the aggregate princi- 44 pal authorized to be issued by the agency among the office of mental 45 health, office for people with developmental disabilities, and the 46 office of addiction services and supports, in consultation with their 47 respective commissioners to finance bondable appropriations previously 48 approved by the legislature. 49 § 36. Subdivision (a) of section 28 of part Y of chapter 61 of the 50 laws of 2005, relating to providing for the administration of certain 51 funds and accounts related to the 2005-2006 budget, as amended by 52 section 39 of part FFF of chapter 56 of the laws of 2022, is amended to 53 read as follows: 54 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 55 notwithstanding any provisions of law to the contrary, one or more 56 authorized issuers as defined by section 68-a of the state finance law
S. 4005--A 71 A. 3005--A 1 are hereby authorized to issue bonds or notes in one or more series in 2 an aggregate principal amount not to exceed [one hundred ninety-seven 3 million dollars $197,000,000] two hundred forty-seven million dollars 4 $247,000,000, excluding bonds issued to finance one or more debt service 5 reserve funds, to pay costs of issuance of such bonds, and bonds or 6 notes issued to refund or otherwise repay such bonds or notes previously 7 issued, for the purpose of financing capital projects for public 8 protection facilities in the Division of Military and Naval Affairs, 9 debt service and leases; and to reimburse the state general fund for 10 disbursements made therefor. Such bonds and notes of such authorized 11 issuer shall not be a debt of the state, and the state shall not be 12 liable thereon, nor shall they be payable out of any funds other than 13 those appropriated by the state to such authorized issuer for debt 14 service and related expenses pursuant to any service contract executed 15 pursuant to subdivision (b) of this section and such bonds and notes 16 shall contain on the face thereof a statement to such effect. Except for 17 purposes of complying with the internal revenue code, any interest 18 income earned on bond proceeds shall only be used to pay debt service on 19 such bonds. 20 § 37. Section 53 of section 1 of chapter 174 of the laws of 1968, 21 constituting the New York state urban development corporation act, as 22 amended by section 40 of part FFF of chapter 56 of the laws of 2022, is 23 amended to read as follows: 24 § 53. 1. Notwithstanding the provisions of any other law to the 25 contrary, the dormitory authority and the urban development corporation 26 are hereby authorized to issue bonds or notes in one or more series for 27 the purpose of funding project costs for the acquisition of equipment, 28 including but not limited to the creation or modernization of informa- 29 tion technology systems and related research and development equipment, 30 health and safety equipment, heavy equipment and machinery, the creation 31 or improvement of security systems, and laboratory equipment and other 32 state costs associated with such capital projects. The aggregate princi- 33 pal amount of bonds authorized to be issued pursuant to this section 34 shall not exceed [three hundred ninety-three million dollars 35 $393,000,000] four hundred ninety-three million dollars $493,000,000, 36 excluding bonds issued to fund one or more debt service reserve funds, 37 to pay costs of issuance of such bonds, and bonds or notes issued to 38 refund or otherwise repay such bonds or notes previously issued. Such 39 bonds and notes of the dormitory authority and the urban development 40 corporation shall not be a debt of the state, and the state shall not be 41 liable thereon, nor shall they be payable out of any funds other than 42 those appropriated by the state to the dormitory authority and the urban 43 development corporation for principal, interest, and related expenses 44 pursuant to a service contract and such bonds and notes shall contain on 45 the face thereof a statement to such effect. Except for purposes of 46 complying with the internal revenue code, any interest income earned on 47 bond proceeds shall only be used to pay debt service on such bonds. 48 2. Notwithstanding any other provision of law to the contrary, in 49 order to assist the dormitory authority and the urban development corpo- 50 ration in undertaking the financing for project costs for the acquisi- 51 tion of equipment, including but not limited to the creation or modern- 52 ization of information technology systems and related research and 53 development equipment, health and safety equipment, heavy equipment and 54 machinery, the creation or improvement of security systems, and labora- 55 tory equipment and other state costs associated with such capital 56 projects, the director of the budget is hereby authorized to enter into
S. 4005--A 72 A. 3005--A 1 one or more service contracts with the dormitory authority and the urban 2 development corporation, none of which shall exceed thirty years in 3 duration, upon such terms and conditions as the director of the budget 4 and the dormitory authority and the urban development corporation agree, 5 so as to annually provide to the dormitory authority and the urban 6 development corporation, in the aggregate, a sum not to exceed the prin- 7 cipal, interest, and related expenses required for such bonds and notes. 8 Any service contract entered into pursuant to this section shall provide 9 that the obligation of the state to pay the amount therein provided 10 shall not constitute a debt of the state within the meaning of any 11 constitutional or statutory provision and shall be deemed executory only 12 to the extent of monies available and that no liability shall be 13 incurred by the state beyond the monies available for such purpose, 14 subject to annual appropriation by the legislature. Any such contract or 15 any payments made or to be made thereunder may be assigned and pledged 16 by the dormitory authority and the urban development corporation as 17 security for its bonds and notes, as authorized by this section. 18 § 38. Subdivision (b) of section 11 of chapter 329 of the laws of 19 1991, amending the state finance law and other laws relating to the 20 establishment of the dedicated highway and bridge trust fund, as amended 21 by section 41 of part FFF of chapter 56 of the laws of 2022, is amended 22 to read as follows: 23 (b) Any service contract or contracts for projects authorized pursuant 24 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 25 14-k of the transportation law, and entered into pursuant to subdivision 26 (a) of this section, shall provide for state commitments to provide 27 annually to the thruway authority a sum or sums, upon such terms and 28 conditions as shall be deemed appropriate by the director of the budget, 29 to fund, or fund the debt service requirements of any bonds or any obli- 30 gations of the thruway authority issued to fund or to reimburse the 31 state for funding such projects having a cost not in excess of [thirteen 32 billion fifty-three million eight hundred eighty-one thousand dollars 33 $13,053,881,000] thirteen billion eight hundred forty-seven million two 34 hundred thirty-four thousand dollars $13,847,234,000 cumulatively by the 35 end of fiscal year [2022-23] 2023-24. For purposes of this subdivision, 36 such projects shall be deemed to include capital grants to cities, towns 37 and villages for the reimbursement of eligible capital costs of local 38 highway and bridge projects within such municipality, where allocations 39 to cities, towns and villages are based on the total number of New York 40 or United States or interstate signed touring route miles for which such 41 municipality has capital maintenance responsibility, and where such 42 eligible capital costs include the costs of construction and repair of 43 highways, bridges, highway-railroad crossings, and other transportation 44 facilities for projects with a service life of ten years or more. 45 § 39. Subdivision 1 of section 1689-i of the public authorities law, 46 as amended by section 42 of part FFF of chapter 56 of the laws of 2022, 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 [three hundred thirty-three million 53 dollars $333,000,000] three hundred forty-seven million dollars 54 $347,000,000. 55 § 40. Section 44 of section 1 of chapter 174 of the laws of 1968, 56 constituting the New York state urban development corporation act, as
S. 4005--A 73 A. 3005--A 1 amended by section 43 of part FFF of chapter 56 of the laws of 2022, 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, 33 athletic facilities for professional football in Orchard Park, New York 34 and other state costs associated with such projects. The aggregate prin- 35 cipal amount of bonds authorized to be issued pursuant to this section 36 shall not exceed [fourteen billion nine hundred sixty-eight million four 37 hundred two thousand dollars $14,968,402,000] sixteen billion nine 38 hundred seventy-two million six hundred two thousand dollars 39 $16,972,602,000, excluding bonds issued to fund one or more debt service 40 reserve funds, to pay costs of issuance of such bonds, and bonds or 41 notes issued to refund or otherwise repay such bonds or notes previously 42 issued. Such bonds and notes of the dormitory authority and the corpo- 43 ration 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 46 corporation for principal, interest, and related expenses pursuant to a 47 service contract and such bonds and notes shall contain on the face 48 thereof a statement to such effect. Except for purposes of complying 49 with the internal revenue code, any interest income earned on bond 50 proceeds shall only be used to pay debt service on such bonds. 51 2. Notwithstanding any other provision of law to the contrary, in 52 order to assist the dormitory authority and the corporation in undertak- 53 ing the financing for project costs for the regional economic develop- 54 ment council initiative, the economic transformation program, state 55 university of New York college for nanoscale and science engineering, 56 projects within the city of Buffalo or surrounding environs, the New
S. 4005--A 74 A. 3005--A 1 York works economic development fund, projects for the retention of 2 professional football in western New York, the empire state economic 3 development fund, the clarkson-trudeau partnership, the New York genome 4 center, the cornell university college of veterinary medicine, the olym- 5 pic regional development authority, projects at nano Utica, onondaga 6 county revitalization projects, Binghamton university school of pharma- 7 cy, New York power electronics manufacturing consortium, regional 8 infrastructure projects, New York State Capital Assistance Program for 9 Transportation, infrastructure, and economic development, high tech 10 innovation and economic development infrastructure program, high tech- 11 nology manufacturing projects in Chautauqua and Erie county, an indus- 12 trial scale research and development facility in Clinton county, upstate 13 revitalization initiative projects, downstate revitalization initiative, 14 market New York projects, fairground buildings, equipment or facilities 15 used to house and promote agriculture, the state fair, the empire state 16 trail, the moynihan station development project, the Kingsbridge armory 17 project, strategic economic development projects, the cultural, arts and 18 public spaces fund, water infrastructure in the city of Auburn and town 19 of Owasco, a life sciences laboratory public health initiative, not-for- 20 profit pounds, shelters and humane societies, arts and cultural facili- 21 ties improvement program, restore New York's communities initiative, 22 heavy equipment, economic development and infrastructure projects, 23 Roosevelt Island operating corporation capital projects, Lake Ontario 24 regional projects, Pennsylvania station and other transit projects, 25 athletic facilities for professional football in Orchard Park, New York 26 and other state costs associated with such projects the director of the 27 budget is hereby authorized to enter into one or more service contracts 28 with the dormitory authority and the corporation, none of which shall 29 exceed thirty years in duration, upon such terms and conditions as the 30 director of the budget and the dormitory authority and the corporation 31 agree, so as to annually provide to the dormitory authority and the 32 corporation, in the aggregate, a sum not to exceed the principal, inter- 33 est, and related expenses required for such bonds and notes. Any service 34 contract entered into pursuant to this section shall provide that the 35 obligation of the state to pay the amount therein provided shall not 36 constitute a debt of the state within the meaning of any constitutional 37 or statutory provision and shall be deemed executory only to the extent 38 of monies available and that no liability shall be incurred by the state 39 beyond the monies available for such purpose, subject to annual appro- 40 priation by the legislature. Any such contract or any payments made or 41 to be made thereunder may be assigned and pledged by the dormitory 42 authority and the corporation as security for its bonds and notes, as 43 authorized by this section. 44 § 41. Subdivision 1 of section 386-b of the public authorities law, as 45 amended by section 44 of part FFF of chapter 56 of the laws of 2022, is 46 amended to read as follows: 47 1. Notwithstanding any other provision of law to the contrary, the 48 authority, the dormitory authority and the urban development corporation 49 are hereby authorized to issue bonds or notes in one or more series for 50 the purpose of financing peace bridge projects and capital costs of 51 state and local highways, parkways, bridges, the New York state thruway, 52 Indian reservation roads, and facilities, and transportation infrastruc- 53 ture projects including aviation projects, non-MTA mass transit 54 projects, and rail service preservation projects, including work appur- 55 tenant and ancillary thereto. The aggregate principal amount of bonds 56 authorized to be issued pursuant to this section shall not exceed [ten
S. 4005--A 75 A. 3005--A 1 billion one hundred forty-seven million eight hundred sixty-three thou- 2 sand dollars $10,147,863,000] twelve billion three hundred eight million 3 three hundred eleven thousand dollars $12,308,311,000, excluding bonds 4 issued to fund one or more debt service reserve funds, to pay costs of 5 issuance of such bonds, and to refund or otherwise repay such bonds or 6 notes previously issued. Such bonds and notes of the authority, the 7 dormitory authority and the urban development corporation shall not be a 8 debt of the state, and the state shall not be liable thereon, nor shall 9 they be payable out of any funds other than those appropriated by the 10 state to the authority, the dormitory authority and the urban develop- 11 ment corporation for principal, interest, and related expenses pursuant 12 to a service contract and such bonds and notes shall contain on the face 13 thereof a statement to such effect. Except for purposes of complying 14 with the internal revenue code, any interest income earned on bond 15 proceeds shall only be used to pay debt service on such bonds. 16 § 42. Paragraph (a) of subdivision 2 of section 47-e of the private 17 housing finance law, as amended by section 45 of part FFF of chapter 56 18 of the laws of 2022, is amended to read as follows: 19 (a) Subject to the provisions of chapter fifty-nine of the laws of two 20 thousand, in order to enhance and encourage the promotion of housing 21 programs and thereby achieve the stated purposes and objectives of such 22 housing programs, the agency shall have the power and is hereby author- 23 ized from time to time to issue negotiable housing program bonds and 24 notes in such principal amount as shall be necessary to provide suffi- 25 cient funds for the repayment of amounts disbursed (and not previously 26 reimbursed) pursuant to law or any prior year making capital appropri- 27 ations or reappropriations for the purposes of the housing program; 28 provided, however, that the agency may issue such bonds and notes in an 29 aggregate principal amount not exceeding [thirteen billion eighty-two 30 million eight hundred ninety-one thousand dollars $13,082,891,000] thir- 31 teen billion seven hundred million seven hundred five thousand dollars 32 $13,700,705,000, plus a principal amount of bonds issued to fund the 33 debt service reserve fund in accordance with the debt service reserve 34 fund requirement established by the agency and to fund any other 35 reserves that the agency reasonably deems necessary for the security or 36 marketability of such bonds and to provide for the payment of fees and 37 other charges and expenses, including underwriters' discount, trustee 38 and rating agency fees, bond insurance, credit enhancement and liquidity 39 enhancement related to the issuance of such bonds and notes. No reserve 40 fund securing the housing program bonds shall be entitled or eligible to 41 receive state funds apportioned or appropriated to maintain or restore 42 such reserve fund at or to a particular level, except to the extent of 43 any deficiency resulting directly or indirectly from a failure of the 44 state to appropriate or pay the agreed amount under any of the contracts 45 provided for in subdivision four of this section. 46 § 43. Subdivision 1 of section 50 of section 1 of chapter 174 of the 47 laws of 1968, constituting the New York state urban development corpo- 48 ration act, as amended by section 46 of part FFF of chapter 56 of the 49 laws of 2022, is amended to read as follows: 50 1. Notwithstanding the provisions of any other law to the contrary, 51 the dormitory authority and the urban development corporation are hereby 52 authorized to issue bonds or notes in one or more series for the purpose 53 of funding project costs undertaken by or on behalf of the state educa- 54 tion department, special act school districts, state-supported schools 55 for the blind and deaf, approved private special education schools, 56 non-public schools, community centers, day care facilities, residential
S. 4005--A 76 A. 3005--A 1 camps, day camps, Native American Indian Nation schools, and other state 2 costs associated with such capital projects. The aggregate principal 3 amount of bonds authorized to be issued pursuant to this section shall 4 not exceed [three hundred one million seven hundred thousand dollars 5 $301,700,000] three hundred twenty-one million seven hundred ninety-nine 6 thousand dollars $321,799,000, excluding bonds issued to fund one or 7 more debt service reserve funds, to pay costs of issuance of such bonds, 8 and bonds or notes issued to refund or otherwise repay such bonds or 9 notes previously issued. Such bonds and notes of the dormitory authority 10 and the urban development corporation shall not be a debt of the state, 11 and the state shall not be liable thereon, nor shall they be payable out 12 of any funds other than those appropriated by the state to the dormitory 13 authority and the urban development corporation for principal, interest, 14 and related expenses pursuant to a service contract and such bonds and 15 notes shall contain on the face thereof a statement to such effect. 16 Except for purposes of complying with the internal revenue code, any 17 interest income earned on bond proceeds shall only be used to pay debt 18 service on such bonds. 19 § 44. Subdivision 1 of section 47 of section 1 of chapter 174 of the 20 laws of 1968, constituting the New York state urban development corpo- 21 ration act, as amended by section 47 of part FFF of chapter 56 of the 22 laws of 2022, is amended to read as follows: 23 1. Notwithstanding the provisions of any other law to the contrary, 24 the dormitory authority and the corporation are hereby authorized to 25 issue bonds or notes in one or more series for the purpose of funding 26 project costs for the office of information technology services, depart- 27 ment of law, and other state costs associated with such capital 28 projects. The aggregate principal amount of bonds authorized to be 29 issued pursuant to this section shall not exceed [one billion one 30 hundred fifty-two million five hundred sixty-six thousand dollars 31 $1,152,566,000] one billion two hundred eighty-eight million eight 32 hundred fifty-two thousand dollars $1,288,852,000, excluding bonds 33 issued to fund one or more debt service reserve funds, to pay costs of 34 issuance of such bonds, and bonds or notes issued to refund or otherwise 35 repay such bonds or notes previously issued. Such bonds and notes of the 36 dormitory authority and the corporation shall not be a debt of the 37 state, and the state shall not be liable thereon, nor shall they be 38 payable out of any funds other than those appropriated by the state to 39 the dormitory authority and the corporation for principal, interest, and 40 related expenses pursuant to a service contract and such bonds and notes 41 shall contain on the face thereof a statement to such effect. Except for 42 purposes of complying with the internal revenue code, any interest 43 income earned on bond proceeds shall only be used to pay debt service on 44 such bonds. 45 § 45. Paragraph (b) of subdivision 1 of section 385 of the public 46 authorities law, as amended by section 48 of part FFF of chapter 56 of 47 the laws of 2022, is amended to read as follows: 48 (b) The authority is hereby authorized, as additional corporate 49 purposes thereof solely upon the request of the director of the budget: 50 (i) to issue special emergency highway and bridge trust fund bonds and 51 notes for a term not to exceed thirty years and to incur obligations 52 secured by the moneys appropriated from the dedicated highway and bridge 53 trust fund established in section eighty-nine-b of the state finance 54 law; (ii) to make available the proceeds in accordance with instructions 55 provided by the director of the budget from the sale of such special 56 emergency highway and bridge trust fund bonds, notes or other obli-
S. 4005--A 77 A. 3005--A 1 gations, net of all costs to the authority in connection therewith, for 2 the purposes of financing all or a portion of the costs of activities 3 for which moneys in the dedicated highway and bridge trust fund estab- 4 lished in section eighty-nine-b of the state finance law are authorized 5 to be utilized or for the financing of disbursements made by the state 6 for the activities authorized pursuant to section eighty-nine-b of the 7 state finance law; and (iii) to enter into agreements with the commis- 8 sioner of transportation pursuant to section ten-e of the highway law 9 with respect to financing for any activities authorized pursuant to 10 section eighty-nine-b of the state finance law, or agreements with the 11 commissioner of transportation pursuant to sections ten-f and ten-g of 12 the highway law in connection with activities on state highways pursuant 13 to these sections, and (iv) to enter into service contracts, contracts, 14 agreements, deeds and leases with the director of the budget or the 15 commissioner of transportation and project sponsors and others to 16 provide for the financing by the authority of activities authorized 17 pursuant to section eighty-nine-b of the state finance law, and each of 18 the director of the budget and the commissioner of transportation are 19 hereby authorized to enter into service contracts, contracts, agree- 20 ments, deeds and leases with the authority, project sponsors or others 21 to provide for such financing. The authority shall not issue any bonds 22 or notes in an amount in excess of [nineteen billion seven hundred 23 seventy-six million nine hundred twenty thousand dollars 24 $19,776,920,000] twenty billion six hundred forty-eight million five 25 hundred seven thousand dollars $20,648,507,000, plus a principal amount 26 of bonds or notes: (A) to fund capital reserve funds; (B) to provide 27 capitalized interest; and, (C) to fund other costs of issuance. In 28 computing for the purposes of this subdivision, the aggregate amount of 29 indebtedness evidenced by bonds and notes of the authority issued pursu- 30 ant to this section, as amended by a chapter of the laws of nineteen 31 hundred ninety-six, there shall be excluded the amount of bonds or notes 32 issued that would constitute interest under the United States Internal 33 Revenue Code of 1986, as amended, and the amount of indebtedness issued 34 to refund or otherwise repay bonds or notes. 35 § 46. Subdivision 1 of section 1680-r of the public authorities law, 36 as amended by section 50 of part FFF of chapter 56 of the laws of 2022, 37 is amended to read as follows: 38 1. Notwithstanding the provisions of any other law to the contrary, 39 the dormitory authority and the urban development corporation are hereby 40 authorized to issue bonds or notes in one or more series for the purpose 41 of funding project costs for the capital restructuring financing program 42 for health care and related facilities licensed pursuant to the public 43 health law or the mental hygiene law and other state costs associated 44 with such capital projects, the health care facility transformation 45 programs, the essential health care provider program, and other health 46 care capital project costs. The aggregate principal amount of bonds 47 authorized to be issued pursuant to this section shall not exceed [four 48 billion six hundred fifty-three million dollars $4,653,000,000] five 49 billion one hundred fifty-three million dollars $5,153,000,000, exclud- 50 ing bonds issued to fund one or more debt service reserve funds, to pay 51 costs of issuance of such bonds, and bonds or notes issued to refund or 52 otherwise repay such bonds or notes previously issued. Such bonds and 53 notes of the dormitory authority and the urban development corporation 54 shall not be a debt of the state, and the state shall not be liable 55 thereon, nor shall they be payable out of any funds other than those 56 appropriated by the state to the dormitory authority and the urban
S. 4005--A 78 A. 3005--A 1 development corporation for principal, interest, and related expenses 2 pursuant to a service contract and such bonds and notes shall contain on 3 the face thereof a statement to such effect. Except for purposes of 4 complying with the internal revenue code, any interest income earned on 5 bond proceeds shall only be used to pay debt service on such bonds. 6 § 47. Subdivision 1 of section 1680-k of the public authorities law, 7 as amended by section 51 of part FFF of chapter 56 of the laws of 2022, 8 is amended to read as follows: 9 1. Subject to the provisions of chapter fifty-nine of the laws of two 10 thousand, but notwithstanding any provisions of law to the contrary, the 11 dormitory authority is hereby authorized to issue bonds or notes in one 12 or more series in an aggregate principal amount not to exceed [forty 13 million eight hundred thirty thousand dollars ($40,830,000)] forty 14 million nine hundred forty-five thousand dollars $40,945,000, excluding 15 bonds issued to finance one or more debt service reserve funds, to pay 16 costs of issuance of such bonds, and bonds or notes issued to refund or 17 otherwise repay such bonds or notes previously issued, for the purpose 18 of financing the construction of the New York state agriculture and 19 markets food laboratory. Eligible project costs may include, but not be 20 limited to the cost of design, financing, site investigations, site 21 acquisition and preparation, demolition, construction, rehabilitation, 22 acquisition of machinery and equipment, and infrastructure improvements. 23 Such bonds and notes of such authorized issuers shall not be a debt of 24 the state, and the state shall not be liable thereon, nor shall they be 25 payable out of any funds other than those appropriated by the state to 26 such authorized issuers for debt service and related expenses pursuant 27 to any service contract executed pursuant to subdivision two of this 28 section and such bonds and notes shall contain on the face thereof a 29 statement to such effect. Except for purposes of complying with the 30 internal revenue code, any interest income earned on bond proceeds shall 31 only be used to pay debt service on such bonds. 32 § 48. Paragraph (b) of subdivision 1 of section 54-b of section 1 of 33 chapter 174 of the laws of 1968, constituting the New York state urban 34 development corporation act, as added by section 54 of part FFF of chap- 35 ter 56 of the laws of 2022, is amended to read as follows: 36 (b) Notwithstanding any other provision of law to the contrary, 37 including, specifically, the provisions of chapter 59 of the laws of 38 2000 and section sixty-seven-b of the state finance law, the dormitory 39 authority of the state of New York and the corporation are hereby 40 authorized to issue personal income tax revenue anticipation notes with 41 a maturity no later than March 31, [2023] 2024, in one or more series in 42 an aggregate principal amount for each fiscal year not to exceed three 43 billion dollars, and to pay costs of issuance of such notes, for the 44 purpose of temporarily financing budgetary needs of the state. Such 45 purpose shall constitute an authorized purpose under subdivision two of 46 section sixty-eight-a of the state finance law for all purposes of arti- 47 cle five-C of the state finance law with respect to the notes authorized 48 by this paragraph. Such notes shall not be renewed, extended or 49 refunded. For so long as any notes authorized by this paragraph shall be 50 outstanding, the restrictions, limitations and requirements contained in 51 article five-B of the state finance law shall not apply. 52 § 49. Paragraph (c) of subdivision 1 of section 55-b of section 1 of 53 chapter 174 of the laws of 1968, constituting the New York state urban 54 development corporation act, as added by section 55 of part FFF of chap- 55 ter 56 of the laws of 2022, is amended to read as follows:
S. 4005--A 79 A. 3005--A 1 (c) Notwithstanding any other provision of law to the contrary, 2 including, specifically, the provisions of chapter 59 of the laws of 3 2000 and section 67-b of the state finance law, the dormitory authority 4 of the state of New York and the urban development corporation are 5 authorized until March 31, [2023] 2024 to: (i) enter into one or more 6 line of credit facilities not in excess of two billion dollars in aggre- 7 gate principal amount; (ii) draw, at one or more times at the direction 8 of the director of the budget, upon such line of credit facilities and 9 provide to the state the amounts so drawn for the purpose of assisting 10 the state to temporarily finance its budgetary needs; provided, however, 11 that the total principal amounts of such draws for each fiscal year 12 shall not exceed two billion dollars; and (iii) secure repayment of all 13 draws under such line of credit facilities and the payment of related 14 expenses and fees, which repayment and payment obligations shall not 15 constitute a debt of the state within the meaning of any constitutional 16 or statutory provision and shall be deemed executory only to the extent 17 moneys are available and that no liability shall be incurred by the 18 state beyond the moneys available for such purpose, and that such 19 payment obligation is subject to annual appropriation by the legisla- 20 ture. Any line of credit facility agreements entered into by the dormi- 21 tory authority of the state of New York and/or the urban development 22 corporation with financial institutions pursuant to this section may 23 contain such provisions that the dormitory authority of the state of New 24 York and/or the urban development corporation deem necessary or desira- 25 ble for the establishment of such credit facilities. The maximum term 26 of any line of credit facility shall be one year from the date of incur- 27 rence; provided however that no draw on any such line of credit facility 28 shall occur after March 31, [2023] 2024, and provided further that any 29 such line of credit facility whose term extends beyond March 31, [2023] 30 2024 shall be supported by sufficient appropriation authority enacted by 31 the legislature that provides for the repayment of all amounts drawn and 32 remaining unpaid as of March 31, [2023] 2024, as well as the payment of 33 related expenses and fees incurred and to become due and payable by the 34 dormitory authority of the state of New York and/or the urban develop- 35 ment corporation. 36 § 50. Subdivision 2 of section 58 of section 1 of chapter 174 of the 37 laws of 1968, constituting the New York state urban development corpo- 38 ration act, as added by section 56 of part FFF of chapter 56 of the laws 39 of 2022, is amended to read as follows: 40 2. Definitions. When used in this section: 41 (a) "Commission" shall mean the gateway development commission, a 42 bi-state commission and a body corporate and politic established by the 43 state of New Jersey and the state of New York, acting in the public 44 interest and exercising essential governmental functions in accordance 45 with the Gateway development commission act, and any successor thereto. 46 (b) "Federal transportation loan" shall mean one or more loans made to 47 the commission to finance the Hudson tunnel project under or pursuant to 48 any U.S. Department of Transportation program or act, including but not 49 limited to the Railroad Rehabilitation & Improvement Financing Program 50 or the Transportation Infrastructure Finance and Innovation Act, which 51 loan or loans are related to the state capital commitment. 52 (c) "Gateway development commission act" shall mean chapter 108 of the 53 laws of New York, 2019, as amended. 54 (d) "Gateway project" shall mean the Hudson tunnel project. 55 (e) "Hudson tunnel project" shall mean the project consisting of 56 construction of a tunnel connecting the states of New York and New
S. 4005--A 80 A. 3005--A 1 Jersey and the completion of certain ancillary facilities including 2 construction of concrete casing at Hudson Yards in Manhattan, New York 3 and the rehabilitation of the existing North River Tunnels. 4 (f) "State capital commitment" shall mean an aggregate principal 5 amount not to exceed [$2,350,000,000] $2,850,000,000, plus any interest 6 costs, including capitalized interest, and related expenses and fees 7 payable by the state of New York to the commission under one or more 8 service contracts or other agreements pursuant to this section, as well 9 as any expenses of the state incurred in connection therewith. 10 (g) "Related expenses and fees" shall mean commitment fees and other 11 ancillary costs, expenses and fees incurred, and to become due and paya- 12 ble, by the commission in connection with the Federal transportation 13 loan. 14 § 51. Notwithstanding any law to the contrary, the comptroller is 15 hereby authorized and directed to transfer, upon request of the director 16 of the budget, on or before March 31, 2024 the following amounts from 17 the following special revenue accounts or enterprise funds to the gener- 18 al fund, for the purposes of offsetting principal and interest costs, 19 incurred by the state pursuant to section fifty-three of this act, 20 provided that the annual amount of the transfer shall be no more than 21 the principal and interest that would have otherwise been due to the 22 power authority of the state of New York, from any state agency, in a 23 given state fiscal year. Amounts pertaining to special revenue accounts 24 assigned to the state university of New York shall be considered inter- 25 changeable between the designated special revenue accounts as to meet 26 the requirements of this section and section fifty-three of this act: 27 1. $15,000,000 from the miscellaneous special revenue fund, state 28 university general income reimbursable account (22653). 29 2. $5,000,000 from the miscellaneous special revenue fund, state 30 university dormitory income reimbursable account (21937). 31 3. $5,000,000 from the enterprise fund, city university senior college 32 operating fund (60851). 33 § 52. Section 59 of section 1 of chapter 174 of the laws of 1968, 34 constituting the New York state urban development corporation act, as 35 added by section 59 of part FFF of chapter 56 of the laws of 2022, is 36 amended to read as follows: 37 § 59. The dormitory authority of the state of New York, the New York 38 state urban development corporation, and the New York state thruway 39 authority are hereby authorized to issue bonds in one or more series 40 under either article 5-C or article 5-F of the state finance law for the 41 purpose of refunding obligations of the power authority of the state of 42 New York to fund energy efficiency projects at state agencies including, 43 but not limited to, the state university of New York, city university of 44 New York, the New York state office of general services, New York state 45 office of mental health, state education department, and New York state 46 department of agriculture and markets. The aggregate principal amount 47 of bonds authorized to be issued pursuant to this section shall not 48 exceed [two hundred million dollars ($200,000,000)] four hundred seven- 49 ty-five million dollars ($475,000,000), excluding bonds issued to pay 50 costs of issuance of such bonds and to refund or otherwise repay such 51 bonds. Such bonds issued by the dormitory authority of the state of New 52 York, the New York state urban development corporation, and New York 53 state thruway authority shall not be a debt of the state, and the state 54 shall not be liable thereon, nor shall they be payable out of any funds 55 other than those appropriated by the state under article 5-C or article 56 5-F of the state finance law, as applicable.
S. 4005--A 81 A. 3005--A 1 § 53. Subdivision 1 of section 386-a of the public authorities law, as 2 amended by section 49 of part FFF of chapter 56 of the laws of 2022, is 3 amended to read as follows: 4 1. Notwithstanding any other provision of law to the contrary, the 5 authority, the dormitory authority and the urban development corporation 6 are hereby authorized to issue bonds or notes in one or more series for 7 the purpose of assisting the metropolitan transportation authority in 8 the financing of transportation facilities as defined in subdivision 9 seventeen of section twelve hundred sixty-one of this chapter or other 10 capital projects. The aggregate principal amount of bonds authorized to 11 be issued pursuant to this section shall not exceed twelve billion five 12 hundred fifteen million eight hundred fifty-six thousand dollars 13 $12,515,856,000, excluding bonds issued to fund one or more debt service 14 reserve funds, to pay costs of issuance of such bonds, and to refund or 15 otherwise repay such bonds or notes previously issued. Such bonds and 16 notes of the authority, the dormitory authority and the urban develop- 17 ment corporation shall not be a debt of the state, and the state shall 18 not be liable thereon, nor shall they be payable out of any funds other 19 than those appropriated by the state to the authority, the dormitory 20 authority and the urban development corporation for principal, interest, 21 and related expenses pursuant to a service contract and such bonds and 22 notes shall contain on the face thereof a statement to such effect. 23 Except for purposes of complying with the internal revenue code, any 24 interest income earned on bond proceeds shall only be used to pay debt 25 service on such bonds. Notwithstanding any other provision of law to 26 the contrary, including the limitations contained in subdivision four of 27 section sixty-seven-b of the state finance law, (A) any bonds and notes 28 issued prior to April first, two thousand [twenty-three] twenty-four 29 pursuant to this section may be issued with a maximum maturity of fifty 30 years, and (B) any bonds issued to refund such bonds and notes may be 31 issued with a maximum maturity of fifty years from the respective date 32 of original issuance of such bonds and notes. 33 § 54. Paragraph (b) of subdivision 4 of section 72 of the state 34 finance law, as amended by section 46 of part JJ of chapter 56 of the 35 laws of 2020, is amended to read as follows: 36 (b) On or before the beginning of each quarter, the director of the 37 budget may certify to the state comptroller the estimated amount of 38 monies that shall be reserved in the general debt service fund for the 39 payment of debt service and related expenses payable by such fund during 40 each month of the state fiscal year, excluding payments due from the 41 revenue bond tax fund. Such certificate may be periodically updated, as 42 necessary. Notwithstanding any provision of law to the contrary, the 43 state comptroller shall reserve in the general debt service fund the 44 amount of monies identified on such certificate as necessary for the 45 payment of debt service and related expenses during the current or next 46 succeeding quarter of the state fiscal year. Such monies reserved shall 47 not be available for any other purpose. Such certificate shall be 48 reported to the chairpersons of the Senate Finance Committee and the 49 Assembly Ways and Means Committee. [The provisions of this paragraph 50 shall expire June thirtieth, two thousand twenty-three.] 51 § 55. This act shall take effect immediately and shall be deemed to 52 have been in full force and effect on and after April 1, 2023; provided, 53 however, that the provisions of sections one, one-a, two, three, four, 54 five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven- 55 teen, eighteen, nineteen, twenty and twenty-two, of this act shall
S. 4005--A 82 A. 3005--A 1 expire March 31, 2024 when upon such date the provisions of such 2 sections shall be deemed repealed. 3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 4 sion, section or part of this act shall be adjudged by any court of 5 competent jurisdiction to be invalid, such judgment shall not affect, 6 impair, or invalidate the remainder thereof, but shall be confined in 7 its operation to the clause, sentence, paragraph, subdivision, section 8 or part thereof directly involved in the controversy in which such judg- 9 ment shall have been rendered. It is hereby declared to be the intent of 10 the legislature that this act would have been enacted even if such 11 invalid provisions had not been included herein. 12 § 3. This act shall take effect immediately provided, however, that 13 the applicable effective date of Parts A through CC of this act shall be 14 as specifically set forth in the last section of such Parts.