A02005 Summary:

BILL NOA02005B
 
SAME ASNo Same As
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2019-2020 state fiscal year; relates to the protection of personal privacy of public employees; prohibits the disclosure of such employees' home addresses, personal telephone numbers, personal cell phone numbers, and personal e-mail addresses with certain exceptions (Part E); relates to the expiration of public arbitration panels (Part F); relates to a class one reassessment exemption in a special assessing unit that is not a city (Part J); relates to extending the provisions relating to expanding opportunities for service-disabled veteran-owned business enterprises to March 31, 2024 (Part L); extends various criminal justice and public safety programs (Part O); relates to increasing certain fees collected by the office of court administration for criminal history records and other electronically kept data (Part DD); authorizes the use of centralized services by public authorities and public benefit corporations to acquire energy products as a centralized service from the office of general services; relates to the effectiveness of chapter 410 of the laws of 2009, relating to authorizing the aggregate purchases of energy for state agencies, institutions, local governments, public authorities and public benefit corporations; relates to the effectiveness of chapter 97 of the laws of 2011, providing certain centralized service to political subdivisions and extending the authority of the commissioner of general services to aggregate purchases of energy for state agencies and political subdivisions (Part GG); relates to value limitations on contracts for certain public work during emergencies and extending certain provisions of law relating thereto (Part HH); relates to Suffolk county charging block fees (Part SS); relates to creating the state office of the utility consumer advocate (Part VV); establishes the utility intervener account (Part WW); authorizes counties to employ computer generated registration lists; and updates the list of supplies to be delivered to poll sites (Part XX); makes provisions permanent concerning mandatory settlement conferences in residential foreclosure actions (Part YY); authorizes the state comptroller to oversee certain contracts of the research foundation of the state university of New York (Part ZZ); repeals sections of law relating to the lease or sale of real property for park purposes (Part AAA); extends the operation and administration of legislative commissions (Part BBB); relates to the cost effectiveness of consultant contracts by state agencies (Part CCC).
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A02005 Actions:

BILL NOA02005B
 
01/18/2019referred to ways and means
02/19/2019amend (t) and recommit to ways and means
02/19/2019print number 2005a
03/11/2019amend (t) and recommit to ways and means
03/11/2019print number 2005b
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A02005 Committee Votes:

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A02005 Floor Votes:

There are no votes for this bill in this legislative session.
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A02005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2005--B
 
                   IN ASSEMBLY
 
                                    January 18, 2019
                                       ___________
 
        A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
          the Constitution -- read once and referred to the  Committee  on  Ways
          and  Means -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said
          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee

        AN ACT intentionally omitted (Part A); intentionally omitted  (Part  B);
          intentionally  omitted  (Part  C);  intentionally omitted (Part D); to
          amend the civil service law, in relation to protection of the personal
          privacy of public employees (Part E); to amend the civil service  law,
          in  relation  to the expiration of public arbitration panels (Part F);
          intentionally omitted (Part G); intentionally omitted (Part H); inten-
          tionally omitted (Part I); to amend the  real  property  tax  law,  in
          relation  to a class one reassessment exemption in a special assessing
          unit that is not a city (Part J); to provide for the administration of
          certain funds and accounts related to the 2019-20 budget,  authorizing
          certain  payments  and  transfers;  to amend the state finance law, in
          relation to payments, transfers and deposits; to amend  the  New  York
          state  urban  development corporation act, in relation to the issuance
          of certain bonds or notes; to amend part D of chapter 389 of the  laws
          of  1997,  relating  to  the  financing of the correctional facilities
          improvement fund and the youth facility improvement fund, in  relation
          to  the issuance of certain bonds or notes; to amend the private hous-
          ing finance law, in relation to the issuance of  bonds  or  notes;  to
          amend  chapter 329 of the laws of 1991, amending the state finance law
          and other laws relating to the establishment of the dedicated  highway
          and bridge trust fund, in relation to the issuance of certain bonds or
          notes;  to  amend the public authorities law, in relation to the issu-
          ance of certain bonds or notes; to amend part Y of chapter 61  of  the
          laws  of 2005, relating to providing for the administration of certain
          funds and accounts related to the 2005-2006 budget, in relation to the
          issuance of certain bonds or notes; to amend part X of chapter  59  of
          the  laws  of  2004,  authorizing the New York state urban development
          corporation and the dormitory authority of the state of  New  York  to
          issue  bonds  or  notes,  in relation to the issuance of such bonds or
          notes; to amend part K of chapter 81 of the laws of 2002, relating  to
          providing for the administration of certain funds and accounts related
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12570-04-9

        A. 2005--B                          2
 
          to  the 2002-2003 budget, in relation to the issuance of certain bonds
          or notes; to amend part U of chapter 57 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 the issuance of
          certain  bonds  and  notes; to amend the education law, in relation to
          increasing the limit of certain funding by the dormitory authority for
          financing of capital facilities for state-supported schools for  blind
          and  deaf  students; to amend chapter 392 of the laws of 1973, consti-
          tuting the New York state medical care facilities finance agency  act,
          in  relation to the issuance of certain bonds or notes; to amend chap-
          ter 359 of the laws of 1968, constituting the  facilities  development
          corporation act, in relation to the mental hygiene facilities improve-
          ment  fund  income  account;  and  to  amend the state finance law, in
          relation to mental health services fund; and providing for the  repeal
          of certain provisions upon expiration thereof (Part K); to amend chap-
          ter  22  of  the laws of 2014, relating to expanding opportunities for
          service-disabled veteran-owned business enterprises,  in  relation  to
          extending the provisions thereof (Part L); intentionally omitted (Part
          M);  intentionally  omitted (Part N); 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 relating 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  thereof; 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 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 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 effectiveness thereof; to amend chapter 60 of the laws
          of 1994 relating to certain provisions which impact  upon  expenditure
          of  certain  appropriations  made  by  chapter  50 of the laws of 1994
          enacting the state operations budget, in relation to the effectiveness
          thereof; to amend  chapter  3  of  the  laws  of  1995,  amending  the
          correction  law  and  other laws relating to the incarceration fee, in
          relation to extending the expiration of  certain  provisions  of  such
          chapter;  to  amend  chapter  62  of  the  laws  of 2011, amending the
          correction law and the executive law relating to merging  the  depart-
          ment  of correctional services and division of parole into the depart-
          ment of corrections and community  supervision,  in  relation  to  the
          effectiveness  thereof;  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 incarceration programs, in relation to extending the
          expiration of certain provisions of such chapter; to amend chapter 166
          of the laws of 1991, 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 expiration of the mandatory surcharge and victim assist-

        A. 2005--B                          3
 
          ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
          cle 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 prison-
          er  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 chap-
          ter 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 protec-
          tive  measures  for  certain child witnesses, in relation to extending
          the expiration of the provisions thereof; to amend chapter  3  of  the
          laws  of 1995, enacting 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
          effectiveness thereof; to amend chapter 56 of the laws of 2009, amend-
          ing the correction law relating to limiting  the  closing  of  certain
          correctional  facilities,  providing for the custody by the department
          of  correctional  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
          military  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  pre-criminal
          proceeding  settlements  in  the  city of New York, in relation to the
          effectiveness thereof (Part O); intentionally omitted (Part P); inten-
          tionally omitted (Part Q);  intentionally  omitted  (Part  R);  inten-
          tionally  omitted  (Part  S);  intentionally  omitted (Part T); inten-
          tionally  omitted  (Part   U);   intentionally   omitted   (Part   V);
          intentionally omitted (Part W); intentionally omitted (Part X); inten-
          tionally  omitted  (Part  Y);  intentionally  omitted (Part Z); inten-
          tionally omitted (Part AA); intentionally omitted  (Part  BB);  inten-
          tionally  omitted  (Part CC); to amend section 14 of part J of chapter
          62 of the laws of 2003, amending the county law and other laws  relat-
          ing  to  fees  collected, in relation to certain fees collected by the
          office of court administration (Part DD); intentionally omitted  (Part
          EE);  intentionally omitted (Part FF); to amend the state finance law,
          in relation to authorizing  use  of  centralized  services  by  public
          authorities and public benefit corporations to acquire energy products

        A. 2005--B                          4
 
          as  centralized services from the office of general services; to amend
          chapter 410 of the laws of 2009, amending the state finance law relat-
          ing to authorizing the aggregate purchases of energy for  state  agen-
          cies,  institutions,  local governments, public authorities and public
          benefit corporations, in relation to the effectiveness thereof; and to
          amend part C of chapter 97 of the laws of  2011,  amending  the  state
          finance  law  and other laws relating to providing certain centralized
          service to political subdivisions and extending the authority  of  the
          commissioner  of general services to aggregate purchases of energy for
          state agencies and political subdivisions, in relation to  the  effec-
          tiveness  thereof  (Part  GG);  to  amend the public buildings law, in
          relation to increasing the maximum contract amount during construction
          emergencies; and to amend chapter 674 of the laws  of  1993,  amending
          the  public  buildings law relating to value limitations on contracts,
          in relation to extending the effectiveness of  such  provisions  (Part
          HH); intentionally omitted (Part II); intentionally omitted (Part JJ);
          intentionally  omitted  (Part  KK);  intentionally  omitted (Part LL);
          intentionally omitted (Part  MM);  intentionally  omitted  (Part  NN);
          intentionally  omitted  (Part  OO);  intentionally  omitted (Part PP);
          intentionally omitted (Part QQ); intentionally omitted (Part  RR);  to
          amend  the  civil practice law and rules, in relation to authorization
          to the Suffolk county clerk to charge a block fee  (Part  SS);  inten-
          tionally  omitted (Part TT); intentionally omitted (Part UU); to amend
          the public service law, in relation to creating the  state  office  of
          the  utility  consumer advocate (Part VV); to amend the public service
          law, in relation to utility intervenor reimbursement; and to amend the
          state finance law, in relation to establishing the utility  intervenor
          account (Part WW); to amend the election law, in relation to authoriz-
          ing  computer generated registration lists; in relation to the list of
          supplies to be delivered to poll sites (Part XX); to amend chapter 507
          of  the  laws  of  2009,  amending  the  real  property  actions   and
          proceedings  law  and  other  laws relating to home mortgage loans, in
          relation to making provisions permanent relating to notice of foreclo-
          sure and mandatory settlement conferences in  residential  foreclosure
          actions  (Part  YY);  to amend the state finance law and the education
          law, in relation to  authorizing  the  state  comptroller  to  oversee
          certain  contracts; and providing for the repeal of certain provisions
          upon expiration thereof (Part ZZ);  to  repeal  sections  249.101  and
          249.111 of the Westchester county administrative code, relating to the
          lease  or sale of real property for park purposes (Part AAA); to amend
          chapter 141 of the laws of 1994, amending the legislative law and  the
          state  finance law relating to the operation and administration of the
          legislature, in relation to extending such provisions (Part BBB);  and
          to  amend the state finance law, in relation to the cost effectiveness
          of consultant contracts by state agencies (Part CCC)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2019-2020
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as  Parts A through CCC. The effective date for each partic-
     5  ular provision contained within such Part  is  set  forth  in  the  last
     6  section  of  such  Part. Any provision in any section contained within a

        A. 2005--B                          5
 
     1  Part, including the effective date of the Part, which makes a  reference
     2  to a section "of this act", when used in connection with that particular
     3  component,  shall  be  deemed  to  mean  and  refer to the corresponding
     4  section of the Part in which it is found. Section three of this act sets
     5  forth the general effective date of this act.
 
     6                                   PART A
 
     7                            Intentionally Omitted
 
     8                                   PART B
 
     9                            Intentionally Omitted
 
    10                                   PART C
 
    11                            Intentionally Omitted
 
    12                                   PART D
 
    13                            Intentionally Omitted
 
    14                                   PART E
 
    15    Section 1. Paragraphs (f) and (g) of subdivision 1 of section 209-a of
    16  the  civil  service  law, as amended by chapter 244 of the laws of 2007,
    17  are amended to read as follows:
    18    (f) to utilize any state funds appropriated for any purpose  to  train
    19  managers,  supervisors or other administrative personnel regarding meth-
    20  ods to discourage union organization or to discourage an  employee  from
    21  participating in a union organizing drive; [or] (g) to fail to permit or
    22  refuse  to  afford  a  public  employee  the  right, upon the employee's
    23  demand, to representation by a representative of the employee  organiza-
    24  tion,  or the designee of such organization, which has been certified or
    25  recognized under this article when at the time  of  questioning  by  the
    26  employer  of  such  employee it reasonably appears that he or she may be
    27  the subject of a potential disciplinary  action.  If  representation  is
    28  requested, and the employee is a potential target of disciplinary action
    29  at  the  time  of  questioning,  a  reasonable  period  of time shall be
    30  afforded to the employee to obtain such representation. It shall  be  an
    31  affirmative  defense to any improper practice charge under paragraph (g)
    32  of this subdivision that the employee has the right, pursuant  to  stat-
    33  ute,  interest  arbitration  award,  collectively  negotiated agreement,
    34  policy or practice, to  present  to  a  hearing  officer  or  arbitrator
    35  evidence  of  the  employer's  failure  to provide representation and to
    36  obtain exclusion of the resulting evidence upon  demonstration  of  such
    37  failure.  Nothing  in  this section shall grant an employee any right to
    38  representation by the representative of an employee organization in  any
    39  criminal  investigation;  or  (h)  to  disclose home addresses, personal
    40  telephone  numbers,  personal  cell  phone  numbers,   personal   e-mail
    41  addresses of a public employee, as the term "public employee" is defined
    42  in  subdivision seven of section two hundred one of this article, except
    43  (i) where required pursuant to the provisions of this article, and  (ii)
    44  to the extent compelled to do so by lawful service of process, subpoena,
    45  court  order,  or as otherwise required by law. This paragraph shall not

        A. 2005--B                          6
 
     1  prohibit other provisions of law regarding work-related, publicly avail-
     2  able information such as title, salary, and dates of employment.
     3    §  2. Subdivision 1 of section 208 of the civil service law is amended
     4  by adding a new paragraph (d) to read as follows:
     5    (d) Unless otherwise specified by a collective  bargaining  agreement,
     6  upon  the request of the employee organization, not more than quarterly,
     7  the employer shall provide the employee organization the name,  address,
     8  job  title,  employing  agency or department or other operating unit and
     9  work location of all employees of a bargaining unit.
    10    § 3. This act shall take effect immediately.
 
    11                                   PART F
 
    12    Section 1. Paragraph (d) of subdivision 4 of section 209 of the  civil
    13  service law, as amended by section 1 of part L of chapter 57 of the laws
    14  of 2016, is amended to read as follows:
    15    (d)  The  provisions  of this subdivision shall expire July first, two
    16  thousand [nineteen] twenty-four.
    17    § 2. Paragraph (f) of subdivision  6  of  section  209  of  the  civil
    18  service law, as amended by section 2 of part L of chapter 57 of the laws
    19  of 2016, is amended to read as follows:
    20    (f)  The  provisions  of this subdivision shall expire July first, two
    21  thousand [nineteen] twenty-four.
    22    § 3. This act shall take effect immediately.
 
    23                                   PART G
 
    24                            Intentionally Omitted
 
    25                                   PART H
 
    26                            Intentionally Omitted
 
    27                                   PART I
 
    28                            Intentionally Omitted
 
    29                                   PART J
 
    30    Section 1. The real property tax  law  is  amended  by  adding  a  new
    31  section 485-u to read as follows:
    32    § 485-u. Class one reassessment exemption. 1. Applicability. A special
    33  assessing  unit  that  is not a city may, by local law, opt to provide a
    34  class one reassessment exemption  as  provided  in  this  section.  Such
    35  exemption shall apply in the same manner and to the same extent to coun-
    36  ty,  town,  special  district  and  school  district taxes levied on the
    37  assessment roll prepared by such special assessing unit.
    38    2. Eligibility. The assessor shall, for the two  thousand  twenty--two
    39  thousand  twenty-one  assessment roll and for the subsequent four years,
    40  apply an exemption as provided in this section to each property  classi-
    41  fied in class one pursuant to article eighteen of this chapter.
    42    3.  Exemption  calculation.  (a)  (i) The assessor shall calculate the
    43  exemption as a percentage of the  exemption  base.  The  exemption  base
    44  shall  be  the  amount  by which the assessment of a property on the two
    45  thousand  twenty--two-thousand  twenty-one  tentative  assessment   roll
    46  issued  on  or about January 2, 2019 exceeds the equalized assessment on

        A. 2005--B                          7
 
     1  the two thousand nineteen--two thousand twenty  final  assessment  roll.
     2  The  assessor  shall determine the equalized assessment on the two thou-
     3  sand nineteen--two thousand twenty final assessment roll by  multiplying
     4  a  property's  effective  full  value  on the two thousand nineteen--two
     5  thousand twenty final assessment roll by the class one level of  assess-
     6  ment  on  the two thousand twenty--two thousand twenty-one final assess-
     7  ment roll. The assessor shall  determine  a  property's  effective  full
     8  value on the two thousand nineteen--two thousand twenty final assessment
     9  roll  by dividing the assessment on the two thousand nineteen--two thou-
    10  sand twenty final assessment roll by the class one level  of  assessment
    11  on the two thousand nineteen--two thousand twenty final assessment roll.
    12  Such  exemption  base  shall  not  include assessment increases due to a
    13  physical improvement or a removal or reduction of an exemption on  prop-
    14  erty.
    15    (ii)  Any  increase in the assessment of a property due to an increase
    16  in a property's full value or physical changes  subsequent  to  the  two
    17  thousand twenty--two thousand twenty-one final assessment roll shall not
    18  be  eligible for the exemption. If any portion of a property is fully or
    19  partially removed from the assessment roll subsequent to the  two  thou-
    20  sand  twenty--two thousand twenty-one final assessment roll by reason of
    21  fire, demolition, destruction  or  new  exemption,  the  assessor  shall
    22  reduce  the  exemption  for any remaining portion in the same proportion
    23  the assessment is reduced for such fire, demolition, destruction or  new
    24  exemption.
    25    (b)  The exemption shall be eighty per centum of the exemption base on
    26  the two thousand twenty--two thousand twenty-one final assessment  roll,
    27  sixty  per centum of the exemption base on the two thousand twenty-one--
    28  two thousand twenty-two final assessment roll, forty per centum  of  the
    29  exemption base on the two thousand twenty-two--two thousand twenty-three
    30  final  assessment  roll,  twenty per centum of the exemption base on the
    31  two thousand twenty-three--two  thousand  twenty-four  final  assessment
    32  roll and zero per centum of the exemption base on the two thousand twen-
    33  ty-four--two thousand twenty-five final assessment roll.
    34    4.  Entering of exemption on assessment roll. The assessor shall enter
    35  in a separate column on the assessment roll the value of  any  exemption
    36  provided by this section.
    37    §  2. Severability. If any provision of this act or if any application
    38  thereof to any person or circumstances is held invalid, the remainder of
    39  this act and the application of  the  provision  to  other  persons  and
    40  circumstances shall not be affected thereby.
    41    § 3. This act shall take effect immediately.
 
    42                                   PART K
 
    43    Section  1. The state comptroller is hereby authorized and directed to
    44  loan money in accordance with the provisions set forth in subdivision  5
    45  of  section  4  of  the  state finance law to the following funds and/or
    46  accounts:
    47    1. DOL-Child performer protection account (20401).
    48    2. Proprietary vocational school supervision account (20452).
    49    3. Local government records management account (20501).
    50    4. Child health plus program account (20810).
    51    5. EPIC premium account (20818).
    52    6. Education - New (20901).
    53    7. VLT - Sound basic education fund (20904).

        A. 2005--B                          8
 
     1    8.  Sewage  treatment  program  management  and  administration   fund
     2  (21000).
     3    9. Hazardous bulk storage account (21061).
     4    10. Federal grants indirect cost recovery account (21065).
     5    11. Low level radioactive waste account (21066).
     6    12. Recreation account (21067).
     7    13. Public safety recovery account (21077).
     8    14. Environmental regulatory account (21081).
     9    15. Natural resource account (21082).
    10    16. Mined land reclamation program account (21084).
    11    17. Great lakes restoration initiative account (21087).
    12    18. Environmental protection and oil spill compensation fund (21200).
    13    19. Public transportation systems account (21401).
    14    20. Metropolitan mass transportation (21402).
    15    21. Operating permit program account (21451).
    16    22. Mobile source account (21452).
    17    23.   Statewide  planning  and  research  cooperative  system  account
    18  (21902).
    19    24. New York state thruway authority account (21905).
    20    25. Mental hygiene program fund account (21907).
    21    26. Mental hygiene patient income account (21909).
    22    27. Financial control board account (21911).
    23    28. Regulation of racing account (21912).
    24    29. New York Metropolitan Transportation Council account (21913).
    25    30. State university dormitory income reimbursable account (21937).
    26    31. Criminal justice improvement account (21945).
    27    32. Environmental laboratory reference fee account (21959).
    28    33. Training, management and evaluation account (21961).
    29    34. Clinical laboratory reference system assessment account (21962).
    30    35. Indirect cost recovery account (21978).
    31    36. High school equivalency program account (21979).
    32    37. Multi-agency training account (21989).
    33    38.  Interstate  reciprocity  for  post-secondary  distance  education
    34  account (23800).
    35    39. Bell jar collection account (22003).
    36    40. Industry and utility service account (22004).
    37    41. Real property disposition account (22006).
    38    42. Parking account (22007).
    39    43. Courts special grants (22008).
    40    44. Asbestos safety training program account (22009).
    41    45. Camp Smith billeting account (22017).
    42    46. Batavia school for the blind account (22032).
    43    47. Investment services account (22034).
    44    48. Surplus property account (22036).
    45    49. Financial oversight account (22039).
    46    50. Regulation of Indian gaming account (22046).
    47    51. Rome school for the deaf account (22053).
    48    52. Seized assets account (22054).
    49    53. Administrative adjudication account (22055).
    50    54. Federal salary sharing account (22056).
    51    55. New York City assessment account (22062).
    52    56. Cultural education account (22063).
    53    57. Local services account (22078).
    54    58. DHCR mortgage servicing account (22085).
    55    59. Housing indirect cost recovery account (22090).
    56    60. DHCR-HCA application fee account (22100).

        A. 2005--B                          9
 
     1    61. Low income housing monitoring account (22130).
     2    62. Corporation administration account (22135).
     3    63. Montrose veteran's home account (22144).
     4    64. Deferred compensation administration account (22151).
     5    65. Rent revenue other New York City account (22156).
     6    66. Rent revenue account (22158).
     7    67. Tax revenue arrearage account (22168).
     8    68. State university general income offset account (22654).
     9    69. Lake George park trust fund account (22751).
    10    70. State police motor vehicle law enforcement account (22802).
    11    71. Highway safety program account (23001).
    12    72. DOH drinking water program account (23102).
    13    73. NYCCC operating offset account (23151).
    14    74. Commercial gaming revenue account (23701).
    15    75. Commercial gaming regulation account (23702).
    16    76. Highway use tax administration account (23801).
    17    77. Fantasy sports administration account (24951).
    18    78. Highway and bridge capital account (30051).
    19    79. Aviation purpose account (30053).
    20    80. State university residence hall rehabilitation fund (30100).
    21    81. State parks infrastructure account (30351).
    22    82. Clean water/clean air implementation fund (30500).
    23    83. Hazardous waste remedial cleanup account (31506).
    24    84. Youth facilities improvement account (31701).
    25    85. Housing assistance fund (31800).
    26    86. Housing program fund (31850).
    27    87. Highway facility purpose account (31951).
    28    88. Information technology capital financing account (32215).
    29    89. New York racing account (32213).
    30    90. Capital miscellaneous gifts account (32214).
    31    91.  New  York  environmental protection and spill remediation account
    32  (32219).
    33    92. Mental hygiene facilities capital improvement fund (32300).
    34    93. Correctional facilities capital improvement fund (32350).
    35    94. New York State Storm Recovery Capital Fund (33000).
    36    95. OGS convention center account (50318).
    37    96. Empire Plaza Gift Shop (50327).
    38    97. Centralized services fund (55000).
    39    98. Archives records management account (55052).
    40    99. Federal single audit account (55053).
    41    100. Civil service EHS occupational health program account (55056).
    42    101. Banking services account (55057).
    43    102. Cultural resources survey account (55058).
    44    103. Neighborhood work project account (55059).
    45    104. Automation & printing chargeback account (55060).
    46    105. OFT NYT account (55061).
    47    106. Data center account (55062).
    48    107. Intrusion detection account (55066).
    49    108. Domestic violence grant account (55067).
    50    109. Centralized technology services account (55069).
    51    110. Labor contact center account (55071).
    52    111. Human services contact center account (55072).
    53    112. Tax contact center account (55073).
    54    113. Executive direction internal audit account (55251).
    55    114. CIO Information technology centralized services account (55252).
    56    115. Health insurance internal service account (55300).

        A. 2005--B                         10
 
     1    116. Civil service employee benefits division  administrative  account
     2  (55301).
     3    117. Correctional industries revolving fund (55350).
     4    118. Employees health insurance account (60201).
     5    119. Medicaid management information system escrow fund (60900).
     6    120. Department of law civil recoveries account (55074).
     7    121. Utility environmental regulatory account (21064).
     8    122. New York state secure choice administrative account (23806).
     9    123. New York state medical indemnity fund account (_____).
    10    124. New York state cannabis revenue fund (_____).
    11    § 1-a. The state comptroller is hereby authorized and directed to loan
    12  money  in  accordance  with the provisions set forth in subdivision 5 of
    13  section 4 of the state finance law to any account within  the  following
    14  federal  funds,  provided  the comptroller has made a determination that
    15  sufficient federal grant award authority is available to reimburse  such
    16  loans:
    17    1. Federal USDA-food and nutrition services fund (25000).
    18    2. Federal health and human services fund (25100).
    19    3. Federal education fund (25200).
    20    4. Federal block grant fund (25250).
    21    5. Federal miscellaneous operating grants fund (25300).
    22    6. Federal unemployment insurance administration fund (25900).
    23    7. Federal unemployment insurance occupational training fund (25950).
    24    8. Federal emergency employment act fund (26000).
    25    9. Federal capital projects fund (31350).
    26    § 1-b. The state comptroller is hereby authorized and directed to loan
    27  money  in  accordance  with the provisions set forth in subdivision 5 of
    28  section 4 of the state finance law to any fund within the special reven-
    29  ue, capital projects, proprietary or fiduciary funds for the purpose  of
    30  payment  of  any  fringe  benefit  or indirect cost liabilities or obli-
    31  gations incurred.
    32    § 2. Notwithstanding any law to the contrary, and in  accordance  with
    33  section 4 of the state finance law, the comptroller is hereby authorized
    34  and directed to transfer, upon request of the director of the budget, on
    35  or  before March 31, 2020, up to the unencumbered balance or the follow-
    36  ing amounts:
    37    Economic Development and Public Authorities:
    38    1. $175,000 from the miscellaneous special revenue  fund,  underground
    39  facilities safety training account (22172), to the general fund.
    40    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    41  special revenue fund, business and licensing services  account  (21977),
    42  to the general fund.
    43    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    44  enforcement account (21904), to the general fund.
    45    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    46  revenue fund, tax revenue arrearage account (22168).
    47    Education:
    48    1.  $2,679,000,000  from  the  general fund to the state lottery fund,
    49  education account (20901), as reimbursement for disbursements made  from
    50  such  fund for supplemental aid to education pursuant to section 92-c of
    51  the state finance law that are in excess of  the  amounts  deposited  in
    52  such fund for such purposes pursuant to section 1612 of the tax law.
    53    2.  $987,200,000  from the general fund to the state lottery fund, VLT
    54  education account (20904), as reimbursement for disbursements made  from
    55  such  fund for supplemental aid to education pursuant to section 92-c of

        A. 2005--B                         11
 
     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. $154,400,000 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. $18,000,000 from  the  interactive  fantasy  sports  fund,  fantasy
    10  sports  education  account (24950), to the state lottery fund, education
    11  account (20901), as reimbursement for disbursements made from such  fund
    12  for  supplemental aid to education pursuant to section 92-c of the state
    13  finance law.
    14    5. $36,211,000 from the charitable gifts trust  fund,  elementary  and
    15  secondary education account (24901), to the general fund, for payment of
    16  general  support  for  public  schools pursuant to section 3609-a of the
    17  education law.
    18    6. Moneys from the state lottery fund (20900) up to an amount deposit-
    19  ed in such fund pursuant to section 1612 of the tax law in excess of the
    20  current year appropriation for supplemental aid to education pursuant to
    21  section 92-c of the state finance law.
    22    7. $300,000 from the New York state local government  records  manage-
    23  ment  improvement  fund,  local  government  records  management account
    24  (20501), to the New York state archives partnership trust fund, archives
    25  partnership trust maintenance account (20351).
    26    8. $900,000 from the general fund to the miscellaneous special revenue
    27  fund, Batavia school for the blind account (22032).
    28    9. $900,000 from the general fund to the miscellaneous special revenue
    29  fund, Rome school for the deaf account (22053).
    30    10. $343,400,000 from  the  state  university  dormitory  income  fund
    31  (40350)  to  the  miscellaneous  special  revenue fund, state university
    32  dormitory income reimbursable account (21937).
    33    11. $8,318,000 from the general fund to the  state  university  income
    34  fund,  state  university  income offset account (22654), for the state's
    35  share of repayment of the STIP loan.
    36    12. Intentionally omitted.
    37    13. $7,200,000 from the miscellaneous special revenue fund, office  of
    38  the  professions  account (22051), to the miscellaneous capital projects
    39  fund, office of the professions electronic licensing account (32200).
    40    14. $24,000,000 from any of the state education  department's  special
    41  revenue  and internal service funds to the miscellaneous special revenue
    42  fund, indirect cost recovery account (21978) or to the federal miscella-
    43  neous operating grants fund, federal indirect cost recovery account.
    44    15. $6,600,000 from any of the state  education  department's  special
    45  revenue or internal service funds to the capital projects fund (30000).
    46    Environmental Affairs:
    47    1.  $16,000,000  from any of the department of environmental conserva-
    48  tion's special revenue federal funds to the  environmental  conservation
    49  special revenue fund, federal indirect recovery account (21065).
    50    2.  $5,000,000  from  any of the department of environmental conserva-
    51  tion's special revenue federal funds to the conservation fund (21150) or
    52  Marine Resources Account (21151) as  necessary  to  avoid  diversion  of
    53  conservation funds.
    54    3. $3,000,000 from any of the office of parks, recreation and historic
    55  preservation  capital projects federal funds and special revenue federal

        A. 2005--B                         12

     1  funds to the miscellaneous special revenue fund, federal grant  indirect
     2  cost recovery account (22188).
     3    4. $1,000,000 from any of the office of parks, recreation and historic
     4  preservation  special revenue federal funds to the miscellaneous capital
     5  projects fund, I love NY water account (32212).
     6    5. $28,000,000 from the general fund to the  environmental  protection
     7  fund, environmental protection fund transfer account (30451).
     8    6.  $1,800,000  from  the general fund to the hazardous waste remedial
     9  fund, hazardous waste oversight and assistance account (31505).
    10    7. An amount up to or equal to the cash  balance  within  the  special
    11  revenue-other  waste management & cleanup account (21053) to the capital
    12  projects fund (30000) for services and capital expenses related  to  the
    13  management  and  cleanup  program as put forth in section 27-1915 of the
    14  environmental conservation law.
    15    8. $1,800,000 from the  miscellaneous  special  revenue  fund,  public
    16  service account (22011) to the miscellaneous special revenue fund, util-
    17  ity environmental regulatory account (21064).
    18    9. Intentionally omitted.
    19    10. Intentionally omitted.
    20    Family Assistance:
    21    1.  $7,000,000 from any of the office of children and family services,
    22  office of temporary and disability assistance, or department  of  health
    23  special  revenue  federal funds and the general fund, in accordance with
    24  agreements with social services districts, to the miscellaneous  special
    25  revenue  fund, office of human resources development state match account
    26  (21967).
    27    2. $4,000,000 from any of the office of children and  family  services
    28  or office of temporary and disability assistance special revenue federal
    29  funds to the miscellaneous special revenue fund, family preservation and
    30  support services and family violence services account (22082).
    31    3. $18,670,000 from any of the office of children and family services,
    32  office  of  temporary and disability assistance, or department of health
    33  special revenue federal  funds  and  any  other  miscellaneous  revenues
    34  generated  from  the operation of office of children and family services
    35  programs to the general fund.
    36    4. $125,000,000 from any of the office  of  temporary  and  disability
    37  assistance  or department of health special revenue funds to the general
    38  fund.
    39    5. $2,500,000 from any of  the  office  of  temporary  and  disability
    40  assistance  special  revenue  funds to the miscellaneous special revenue
    41  fund, office of temporary  and  disability  assistance  program  account
    42  (21980).
    43    6. $24,000,000 from any of the office of children and family services,
    44  office  of temporary and disability assistance, department of labor, and
    45  department of health special revenue federal  funds  to  the  office  of
    46  children  and family services miscellaneous special revenue fund, multi-
    47  agency training contract account (21989).
    48    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    49  facility per diem account (22186), to the general fund.
    50    8.  $621,850  from the general fund to the combined gifts, grants, and
    51  bequests fund, WB Hoyt Memorial account (20128).
    52    9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
    53  central registry (22028), to the general fund.
    54    General Government:
    55    1. $1,566,000 from the miscellaneous special revenue fund, examination
    56  and miscellaneous revenue account (22065) to the general fund.

        A. 2005--B                         13
 
     1    2.  $8,083,000 from the general fund to the health insurance revolving
     2  fund (55300).
     3    3.  $292,400,000  from  the  health  insurance  reserve  receipts fund
     4  (60550) to the general fund.
     5    4. $150,000 from the general fund to the not-for-profit revolving loan
     6  fund (20650).
     7    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
     8  general fund.
     9    6. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
    10  property account (22036), to the general fund.
    11    7.  $19,000,000  from  the miscellaneous special revenue fund, revenue
    12  arrearage account (22024), to the general fund.
    13    8. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
    14  arrearage  account  (22024),  to the miscellaneous special revenue fund,
    15  authority budget office account (22138).
    16    9. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
    17  services  account (22007), to the general fund, for the purpose of reim-
    18  bursing the costs of debt service related to state parking facilities.
    19    10. $9,632,000 from the general fund to the centralized services fund,
    20  COPS account (55013).
    21    11. $13,854,000 from the general fund to the agencies internal service
    22  fund, central technology services account (55069), for  the  purpose  of
    23  enterprise technology projects.
    24    12. $10,000,000 from the general fund to the agencies internal service
    25  fund, state data center account (55062).
    26    13.  $20,000,000 from the miscellaneous special revenue fund, workers'
    27  compensation account (21995),  to  the  miscellaneous  capital  projects
    28  fund,  workers'  compensation  board  IT  business  process design fund,
    29  (32218).
    30    14. $12,000,000 from the miscellaneous special revenue  fund,  parking
    31  services  account (22007), to the centralized services, building support
    32  services account (55018).
    33    15. $30,000,000 from the general fund to the  internal  service  fund,
    34  business services center account (55022).
    35    16.  $8,000,000  from  the  general fund to the internal service fund,
    36  building support services account (55018).
    37    17. $1,500,000 from the  combined  expendable  trust,  special  events
    38  account (20120), to the general fund.
    39    Health:
    40    1.  A transfer from the general fund to the combined gifts, grants and
    41  bequests fund, breast cancer research and education account (20155),  up
    42  to  an  amount  equal  to  the  monies collected and deposited into that
    43  account in the previous fiscal year.
    44    2. A transfer from the general fund to the combined gifts, grants  and
    45  bequests  fund,  prostate  cancer  research,  detection,  and  education
    46  account (20183), up to an amount  equal  to  the  moneys  collected  and
    47  deposited into that account in the previous fiscal year.
    48    3.  A transfer from the general fund to the combined gifts, grants and
    49  bequests fund,  Alzheimer's  disease  research  and  assistance  account
    50  (20143),  up  to  an  amount equal to the moneys collected and deposited
    51  into that account in the previous fiscal year.
    52    4. $33,134,000 from the HCRA resources fund (20800) to  the  miscella-
    53  neous  special  revenue  fund, empire state stem cell trust fund account
    54  (22161).

        A. 2005--B                         14
 
     1    5. $6,000,000 from the miscellaneous special revenue fund, certificate
     2  of need account (21920), to the  miscellaneous  capital  projects  fund,
     3  healthcare IT capital subfund (32216).
     4    6.  $2,000,000  from  the  miscellaneous  special  revenue fund, vital
     5  health records account (22103), to the  miscellaneous  capital  projects
     6  fund, healthcare IT capital subfund (32216).
     7    7.  $2,000,000  from  the  miscellaneous special revenue fund, profes-
     8  sional medical conduct account (22088),  to  the  miscellaneous  capital
     9  projects fund, healthcare IT capital subfund (32216).
    10    8.  $91,304,000  from  the  HCRA resources fund (20800) to the capital
    11  projects fund (30000).
    12    9. $6,550,000 from the general fund to  the  medical  marihuana  trust
    13  fund, health operation and oversight account (23755).
    14    10.  $1,086,000  from  the miscellaneous special revenue fund, certif-
    15  icate of need account (21920), to the general fund.
    16    11. $59,000,000 from the charitable gifts trust fund, health  charita-
    17  ble account (24900), to the general fund, for payment of general support
    18  for  primary,  preventive,  and inpatient health care, dental and vision
    19  care, hunger prevention and nutritional assistance, and  other  services
    20  for  New York state residents with the overall goal of ensuring that New
    21  York state residents have  access  to  quality  health  care  and  other
    22  related services.
    23    Labor:
    24    1.  $500,000  from the miscellaneous special revenue fund, DOL fee and
    25  penalty account (21923), to the child performer's protection fund, child
    26  performer protection account (20401).
    27    2. $11,700,000 from the unemployment insurance  interest  and  penalty
    28  fund,  unemployment  insurance  special  interest  and  penalty  account
    29  (23601), to the general fund.
    30    3. $5,000,000 from the miscellaneous special  revenue  fund,  workers'
    31  compensation  account  (21995),  to  the  training and education program
    32  occupation safety and health fund, OSHA-training and  education  account
    33  (21251) and occupational health inspection account (21252).
    34    Mental Hygiene:
    35    1.  $10,000,000  from  the  general fund, to the miscellaneous special
    36  revenue fund, federal salary sharing account (22056).
    37    2. $3,800,000 from the general fund, to the agencies internal  service
    38  fund, civil service EHS occupational health program account (55056).
    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. $2,087,000 from the  general  fund  to  the  miscellaneous  special
    43  revenue fund, recruitment incentive account (22171).
    44    3.  $20,773,000  from  the general fund to the correctional industries
    45  revolving  fund,  correctional  industries  internal   service   account
    46  (55350).
    47    4. $60,000,000 from any of the division of homeland security and emer-
    48  gency services special revenue federal funds to the general fund.
    49    5.  $9,500,000  from  the miscellaneous special revenue fund, criminal
    50  justice improvement account (21945), to the general fund.
    51    6. $115,420,000 from the state police motor  vehicle  law  enforcement
    52  and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
    53  police motor vehicle enforcement account (22802), to  the  general  fund
    54  for state operation expenses of the division of state police.
    55    7.  $119,500,000  from the general fund to the correctional facilities
    56  capital improvement fund (32350).

        A. 2005--B                         15
 
     1    8. $5,000,000 from the general  fund  to  the  dedicated  highway  and
     2  bridge trust fund (30050) for the purpose of work zone safety activities
     3  provided by the division of state police for the department of transpor-
     4  tation.
     5    9.  $10,000,000 from the miscellaneous special revenue fund, statewide
     6  public safety communications account (22123), to  the  capital  projects
     7  fund (30000).
     8    10. Intentionally omitted.
     9    11.  $1,000,000 from the general fund to the agencies internal service
    10  fund, neighborhood work project account (55059).
    11    12. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
    12  print identification & technology account (21950), to the general fund.
    13    13. $1,400,000 from the state police motor vehicle law enforcement and
    14  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
    15  theft and insurance fraud account (22801), to the general fund.
    16    14. $150,000 from the medical marihuana trust  fund,  law  enforcement
    17  account (23753), to the general fund.
    18    15. $60,000,000 from the miscellaneous special revenue fund, statewide
    19  public safety communications account (22123), to the general fund.
    20    15-a.  $20,000,000 from the miscellaneous special revenue fund, crimi-
    21  nal justice improvement account (21945), to the general fund.
    22    16. Intentionally omitted.
    23    Transportation:
    24    1. $17,672,000 from the federal miscellaneous operating grants fund to
    25  the miscellaneous special revenue fund, New York Metropolitan  Transpor-
    26  tation Council account (21913).
    27    2. $20,147,000 from the federal capital projects fund to the miscella-
    28  neous special revenue fund, New York Metropolitan Transportation Council
    29  account (21913).
    30    3.  $15,181,992 from the general fund to the mass transportation oper-
    31  ating assistance fund, public transportation systems  operating  assist-
    32  ance account (21401), of which $12,000,000 constitutes the base need for
    33  operations.
    34    4.  $727,500,000  from  the  general fund to the dedicated highway and
    35  bridge trust fund (30050).
    36    5. $244,250,000 from the general fund to the MTA financial  assistance
    37  fund, mobility tax trust account (23651).
    38    6. $5,000,000 from the miscellaneous special revenue fund, transporta-
    39  tion  regulation  account  (22067)  to  the dedicated highway and bridge
    40  trust fund (30050), for disbursements made  from  such  fund  for  motor
    41  carrier  safety that are in excess of the amounts deposited in the dedi-
    42  cated highway and bridge trust fund (30050) for such purpose pursuant to
    43  section 94 of the transportation law.
    44    7. $3,000,000 from the miscellaneous  special  revenue  fund,  traffic
    45  adjudication account (22055), to the general fund.
    46    8. $17,421,000 from the mass transportation operating assistance fund,
    47  metropolitan  mass  transportation operating assistance account (21402),
    48  to the capital projects fund (30000).
    49    9. $5,000,000 from the miscellaneous special revenue fund, transporta-
    50  tion regulation account (22067) to the general fund,  for  disbursements
    51  made  from  such fund for motor carrier safety that are in excess of the
    52  amounts deposited in the general  fund  for  such  purpose  pursuant  to
    53  section 94 of the transportation law.
    54    Miscellaneous:
    55    1. $250,000,000 from the general fund to any funds or accounts for the
    56  purpose of reimbursing certain outstanding accounts receivable balances.

        A. 2005--B                         16
 
     1    2.  $500,000,000  from  the general fund to the debt reduction reserve
     2  fund (40000).
     3    3.  $450,000,000  from  the New York state storm recovery capital fund
     4  (33000) to the revenue bond tax fund (40152).
     5    4. $18,550,000 from the general fund, community  projects  account  GG
     6  (10256), to the general fund, state purposes account (10050).
     7    5.  $100,000,000  from any special revenue federal fund to the general
     8  fund, state purposes account (10050).
     9    § 3. Notwithstanding any law to the contrary, and in  accordance  with
    10  section 4 of the state finance law, the comptroller is hereby authorized
    11  and directed to transfer, on or before March 31, 2020:
    12    1.  Upon request of the commissioner of environmental conservation, up
    13  to $12,659,400 from revenues credited to any of the department of  envi-
    14  ronmental  conservation special revenue funds, including $4,000,000 from
    15  the environmental protection and oil spill  compensation  fund  (21200),
    16  and  $1,831,600 from the conservation fund (21150), to the environmental
    17  conservation special revenue fund, indirect charges account (21060).
    18    2. Upon request of the commissioner of agriculture and markets, up  to
    19  $3,000,000  from  any special revenue fund or enterprise fund within the
    20  department of agriculture and markets to the general fund, to pay appro-
    21  priate administrative expenses.
    22    3. Upon request of the commissioner of agriculture and markets, up  to
    23  $2,000,000  from  the state exposition special fund, state fair receipts
    24  account (50051) to the miscellaneous capital projects fund,  state  fair
    25  capital improvement account (32208).
    26    4.  Upon  request  of  the commissioner of the division of housing and
    27  community renewal, up to $6,221,000 from revenues credited to any  divi-
    28  sion  of  housing and community renewal federal or miscellaneous special
    29  revenue fund to the miscellaneous special revenue fund, housing indirect
    30  cost recovery account (22090).
    31    5. Upon request of the commissioner of the  division  of  housing  and
    32  community  renewal, up to $5,500,000 may be transferred from any miscel-
    33  laneous special revenue  fund  account,  to  any  miscellaneous  special
    34  revenue fund.
    35    6.  Upon  request  of the commissioner of health up to $8,500,000 from
    36  revenues credited to any of the department of health's  special  revenue
    37  funds, to the miscellaneous special revenue fund, administration account
    38  (21982).
    39    § 4. On or before March 31, 2020, the comptroller is hereby authorized
    40  and  directed  to  deposit  earnings  that would otherwise accrue to the
    41  general fund that are attributable to the operation of section  98-a  of
    42  the  state  finance  law, to the agencies internal service fund, banking
    43  services account (55057), for the purpose  of  meeting  direct  payments
    44  from such account.
    45    §  5.  Notwithstanding  any law to the contrary, upon the direction of
    46  the director of the budget and upon requisition by the state  university
    47  of  New  York,  the  dormitory  authority  of  the  state of New York is
    48  directed to transfer, up to $22,000,000 in revenues generated  from  the
    49  sale of notes or bonds, the state university income fund general revenue
    50  account  (22653)  for  reimbursement  of  bondable equipment for further
    51  transfer to the state's general fund.
    52    § 6. Notwithstanding any law to the contrary, and in  accordance  with
    53  section 4 of the state finance law, the comptroller is hereby authorized
    54  and directed to transfer, upon request of the director of the budget and
    55  upon  consultation  with  the  state university chancellor or his or her
    56  designee, on or before March 31, 2020, up to $16,000,000 from the  state

        A. 2005--B                         17
 
     1  university  income  fund  general  revenue  account (22653) to the state
     2  general fund for debt service costs related to campus supported  capital
     3  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
     4  University at Buffalo.
     5    §  7.  Notwithstanding any law to the contrary, and in accordance with
     6  section 4 of the state finance law, the comptroller is hereby authorized
     7  and directed to transfer, upon request of the director of the budget and
     8  upon consultation with the state university chancellor  or  his  or  her
     9  designee,  on  or before March 31, 2020, up to $6,500,000 from the state
    10  university income fund general revenue  account  (22653)  to  the  state
    11  general  fund for debt service costs related to campus supported capital
    12  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    13  University at Albany.
    14    §  8.  Notwithstanding  any  law to the contrary, the state university
    15  chancellor or his or her designee is authorized and directed to transfer
    16  estimated tuition revenue balances from the state university  collection
    17  fund  (61000)  to  the  state  university  income fund, state university
    18  general revenue offset account (22655) on or before March 31, 2020.
    19    § 9. Notwithstanding any law to the contrary, and in  accordance  with
    20  section 4 of the state finance law, the comptroller is hereby authorized
    21  and directed to transfer, upon request of the director of the budget, up
    22  to  $1,034,670,300  from the general fund to the state university income
    23  fund, state university general revenue offset account (22655) during the
    24  period of July 1, 2019 through June 30, 2020 to  support  operations  at
    25  the state university.
    26    §  10. Notwithstanding any law to the contrary, and in accordance with
    27  section 4 of the state finance law, the comptroller is hereby authorized
    28  and directed to transfer, upon request of the director of the budget, up
    29  to $109,500,000 from the general fund to  the  state  university  income
    30  fund, state university general revenue offset account (22655) during the
    31  period  of  April 1, 2019 through June 30, 2019 to support operations at
    32  the state university.
    33    § 11. Notwithstanding any law to the contrary, and in accordance  with
    34  section 4 of the state finance law, the comptroller is hereby authorized
    35  and directed to transfer, upon request of the director of the budget, up
    36  to  $20,000,000  from  the  general  fund to the state university income
    37  fund, state university general revenue offset account (22655) during the
    38  period of July 1, 2019 to June 30, 2020 to  support  operations  at  the
    39  state  university  in accordance with the maintenance of effort pursuant
    40  to clause (v) of subparagraph (4) of paragraph h  of  subdivision  2  of
    41  section 355 of the education law.
    42    §  12. Notwithstanding any law to the contrary, and in accordance with
    43  section 4 of the state finance law, the comptroller is hereby authorized
    44  and directed to transfer, upon request of the state university  chancel-
    45  lor  or his or her designee, up to $55,000,000 from the state university
    46  income fund, state  university  hospitals  income  reimbursable  account
    47  (22656),  for  services  and expenses of hospital operations and capital
    48  expenditures at the state university hospitals; and the state university
    49  income fund, Long Island veterans' home account  (22652)  to  the  state
    50  university capital projects fund (32400) on or before June 30, 2020.
    51    §  13. Notwithstanding any law to the contrary, and in accordance with
    52  section 4 of the state finance law, the comptroller, after  consultation
    53  with  the  state university chancellor or his or her designee, is hereby
    54  authorized and directed to transfer moneys, in the first instance,  from
    55  the  state  university  collection fund, Stony Brook hospital collection
    56  account (61006), Brooklyn hospital collection account (61007), and Syra-

        A. 2005--B                         18
 
     1  cuse hospital collection account (61008) to the state university  income
     2  fund,  state university hospitals income reimbursable account (22656) in
     3  the event insufficient funds  are  available  in  the  state  university
     4  income  fund,  state  university  hospitals  income reimbursable account
     5  (22656) to permit the full transfer of moneys authorized  for  transfer,
     6  to  the  general  fund  for  payment of debt service related to the SUNY
     7  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
     8  also  hereby  authorized and directed, after consultation with the state
     9  university chancellor or his or her designee, to  transfer  moneys  from
    10  the  state  university  income fund to the state university income fund,
    11  state university hospitals income reimbursable account  (22656)  in  the
    12  event  insufficient  funds  are available in the state university income
    13  fund, state university hospitals income reimbursable account (22656)  to
    14  pay  hospital  operating  costs or to permit the full transfer of moneys
    15  authorized for transfer, to the general fund for payment of debt service
    16  related to the SUNY hospitals on or before March 31, 2020.
    17    § 14. Notwithstanding any law to the contrary, upon the  direction  of
    18  the director of the budget and the chancellor of the state university of
    19  New York or his or her designee, and in accordance with section 4 of the
    20  state  finance law, the comptroller is hereby authorized and directed to
    21  transfer monies from the state university dormitory income fund  (40350)
    22  to  the state university residence hall rehabilitation fund (30100), and
    23  from the state university residence hall rehabilitation fund (30100)  to
    24  the  state university dormitory income fund (40350), in an amount not to
    25  exceed $80 million from each fund.
    26    § 15. Notwithstanding any law to the contrary, and in accordance  with
    27  section 4 of the state finance law, the comptroller is hereby authorized
    28  and  directed  to  transfer  monies, upon request of the director of the
    29  budget, on or before March 31, 2020, from and to any  of  the  following
    30  accounts: the miscellaneous special revenue fund, patient income account
    31  (21909),  the miscellaneous special revenue fund, mental hygiene program
    32  fund account (21907), the miscellaneous special  revenue  fund,  federal
    33  salary  sharing account (22056), or the general fund in any combination,
    34  the aggregate of which shall not exceed $350 million.
    35    § 16. Notwithstanding any law to the contrary, and in accordance  with
    36  section 4 of the state finance law, the comptroller is hereby authorized
    37  and  directed to transfer, at the request of the director of the budget,
    38  up to $650 million from the unencumbered balance of any special  revenue
    39  fund  or  account,  agency  fund  or  account,  internal service fund or
    40  account, enterprise fund or account, or any combination  of  such  funds
    41  and  accounts,  to the general fund. The amounts transferred pursuant to
    42  this authorization shall be in addition to any other transfers expressly
    43  authorized in the 2019-20 budget. Transfers  from  federal  funds,  debt
    44  service  funds,  capital projects funds, the community projects fund, or
    45  funds that would result in the loss of eligibility for federal  benefits
    46  or federal funds pursuant to federal law, rule, or regulation as assent-
    47  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
    48  1951 are not permitted pursuant to this authorization.
    49    § 17. Notwithstanding any law to the contrary, and in accordance  with
    50  section 4 of the state finance law, the comptroller is hereby authorized
    51  and  directed to transfer, at the request of the director of the budget,
    52  up to $100 million from any non-general fund or account, or  combination
    53  of  funds and accounts, to the miscellaneous special revenue fund, tech-
    54  nology financing account (22207),  the  miscellaneous  capital  projects
    55  fund,  information  technology capital financing account (32215), or the
    56  centralized technology services account  (55069),  for  the  purpose  of

        A. 2005--B                         19
 
     1  consolidating  technology  procurement  and services. The amounts trans-
     2  ferred to the miscellaneous special revenue fund,  technology  financing
     3  account (22207) pursuant to this authorization shall be equal to or less
     4  than the amount of such monies intended to support information technolo-
     5  gy  costs  which  are attributable, according to a plan, to such account
     6  made in pursuance to an appropriation by law. Transfers to the technolo-
     7  gy financing account shall be completed from amounts collected  by  non-
     8  general  funds or accounts pursuant to a fund deposit schedule or perma-
     9  nent statute, and shall  be  transferred  to  the  technology  financing
    10  account  pursuant  to  a  schedule  agreed  upon  by the affected agency
    11  commissioner. Transfers from funds that would  result  in  the  loss  of
    12  eligibility  for  federal  benefits or federal funds pursuant to federal
    13  law, rule, or regulation as assented to in chapter 683 of  the  laws  of
    14  1938  and  chapter 700 of the laws of 1951 are not permitted pursuant to
    15  this authorization.
    16    § 18. Notwithstanding any law to the contrary, and in accordance  with
    17  section 4 of the state finance law, the comptroller is hereby authorized
    18  and  directed to transfer, at the request of the director of the budget,
    19  up to $400 million from any non-general fund or account, or  combination
    20  of  funds  and  accounts, to the general fund for the purpose of consol-
    21  idating technology procurement and  services.  The  amounts  transferred
    22  pursuant to this authorization shall be equal to or less than the amount
    23  of  such  monies  intended to support information technology costs which
    24  are attributable, according to a plan, to such account made in pursuance
    25  to an appropriation by law. Transfers  to  the  general  fund  shall  be
    26  completed from amounts collected by non-general funds or accounts pursu-
    27  ant  to a fund deposit schedule.  Transfers from funds that would result
    28  in the loss of eligibility for federal benefits or federal funds  pursu-
    29  ant to federal law, rule, or regulation as assented to in chapter 683 of
    30  the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
    31  pursuant to this authorization.
    32    § 19. Notwithstanding any provision of law to the contrary, as  deemed
    33  feasible and advisable by its trustees, the power authority of the state
    34  of New York is authorized and directed to transfer to the state treasury
    35  to  the credit of the general fund $36,800,000 for the state fiscal year
    36  commencing April 1, 2019, the proceeds of  which  will  be  utilized  to
    37  support energy-related state activities.
    38    § 20. Intentionally omitted.
    39    § 20-a. 1. Notwithstanding any provision of law, rule or regulation to
    40  the contrary, the New York state energy research and development author-
    41  ity is authorized and directed to make a contribution of $913,000 to the
    42  state  treasury to the credit of the general fund on or before March 31,
    43  2020.
    44    2. Notwithstanding any provision of law, rule  or  regulation  to  the
    45  contrary,  the  New York state energy research and development authority
    46  is authorized and directed to transfer to the energy research and devel-
    47  opment operating fund established pursuant to section 1859 of the public
    48  authorities law in the amount of $23,000,000 from proceeds collected  by
    49  the authority from the auction or sale of carbon dioxide emission allow-
    50  ances  allocated  by  the department of environmental conservation on or
    51  before March 31, 2020, which amount shall be utilized for  energy  effi-
    52  ciency and weatherization in environmental justice and low income commu-
    53  nities  through  the  New  York  state  energy  research and development
    54  authority Empower NY program and residential solar projects in  environ-
    55  mental  justice  and  low  income communities through the New York state
    56  energy research and development authority Affordable Solar program.

        A. 2005--B                         20
 
     1    § 20-b. Notwithstanding any provision  of  law  to  the  contrary,  as
     2  deemed  feasible  and  advisable by its trustees, the power authority of
     3  the state of New York is authorized and  directed  to  transfer  to  the
     4  public  utilities  law  project  up  to  $600,000  for  the services and
     5  expenses  thereof  for the purpose of delivering civil legal services to
     6  the poor.
     7    § 21. Subdivision 5 of section 97-rrr of the  state  finance  law,  as
     8  amended  by section 22 of part BBB of chapter 59 of the laws of 2018, is
     9  amended to read as follows:
    10    5. Notwithstanding the provisions of section one hundred seventy-one-a
    11  of the tax law, as separately amended by chapters four  hundred  eighty-
    12  one  and four hundred eighty-four of the laws of nineteen hundred eight-
    13  y-one, and notwithstanding the provisions of chapter ninety-four of  the
    14  laws  of  two  thousand  eleven,  or  any other provisions of law to the
    15  contrary, during the fiscal year beginning  April  first,  two  thousand
    16  [eighteen]  nineteen,  the  state  comptroller  is hereby authorized and
    17  directed to deposit to the fund created pursuant to  this  section  from
    18  amounts  collected  pursuant  to  article  twenty-two of the tax law and
    19  pursuant to a schedule submitted by the director of the  budget,  up  to
    20  [$2,458,909,000] $2,689,909,000, as may be certified in such schedule as
    21  necessary  to  meet the purposes of such fund for the fiscal year begin-
    22  ning April first, two thousand [eighteen] nineteen.
    23    § 22. Notwithstanding any law to  the  contrary,  the  comptroller  is
    24  hereby authorized and directed to transfer, upon request of the director
    25  of  the  budget, on or before March 31, 2020, the following amounts from
    26  the following special revenue accounts  to  the  capital  projects  fund
    27  (30000),  for  the  purposes  of reimbursement to such fund for expenses
    28  related to the maintenance and preservation of state assets:
    29    1. $43,000 from the miscellaneous special revenue fund, administrative
    30  program account (21982).
    31    2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
    32  hospital account (22140).
    33    3. $366,000 from the miscellaneous special revenue fund, New York city
    34  veterans' home account (22141).
    35    4. $513,000 from the miscellaneous  special  revenue  fund,  New  York
    36  state home for veterans' and their dependents at oxford account (22142).
    37    5.  $159,000  from the miscellaneous special revenue fund, western New
    38  York veterans' home account (22143).
    39    6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
    40  state for veterans in the lower-hudson valley account (22144).
    41    7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
    42  services account (22163).
    43    8. $830,000 from the miscellaneous special revenue fund,  long  island
    44  veterans' home account (22652).
    45    9.  $5,379,000  from  the  miscellaneous  special  revenue fund, state
    46  university general income reimbursable account (22653).
    47    10. $112,556,000 from the miscellaneous special  revenue  fund,  state
    48  university revenue offset account (22655).
    49    11.  $557,000  from  the  miscellaneous  special  revenue  fund, state
    50  university of New York tuition reimbursement account (22659).
    51    12. $41,930,000 from the state university dormitory income fund, state
    52  university dormitory income fund (40350).
    53    13. $1,000,000 from the miscellaneous special revenue fund, litigation
    54  settlement and civil recovery account (22117).
    55    § 22-a. Intentionally omitted.
    56    § 23. Intentionally omitted.

        A. 2005--B                         21
 
     1    § 24. Intentionally omitted.
     2    § 25. Intentionally omitted.
     3    §  26.  Notwithstanding  any  other  law,  rule,  or regulation to the
     4  contrary, the state comptroller is hereby authorized and directed to use
     5  any balance remaining in the mental health services  fund  debt  service
     6  appropriation, after payment by the state comptroller of all obligations
     7  required pursuant to any lease, sublease, or other financing arrangement
     8  between the dormitory authority of the state of New York as successor to
     9  the  New  York  state  medical  care  facilities finance agency, and the
    10  facilities development corporation pursuant to chapter 83 of the laws of
    11  1995 and the department of mental hygiene  for  the  purpose  of  making
    12  payments  to  the  dormitory  authority of the state of New York for the
    13  amount of the earnings for the investment of  monies  deposited  in  the
    14  mental health services fund that such agency determines will or may have
    15  to  be  rebated  to the federal government pursuant to the provisions of
    16  the internal revenue code of 1986, as amended, in order to  enable  such
    17  agency  to  maintain  the  exemption from federal income taxation on the
    18  interest paid to the holders of such agency's mental services facilities
    19  improvement revenue bonds. Annually on or before each  June  30th,  such
    20  agency  shall  certify to the state comptroller its determination of the
    21  amounts received in the mental health services fund as a result  of  the
    22  investment  of  monies  deposited  therein  that  will or may have to be
    23  rebated to the federal government pursuant  to  the  provisions  of  the
    24  internal revenue code of 1986, as amended.
    25    §  27.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
    26  laws of 1968, constituting the New York state urban  development  corpo-
    27  ration  act,  as  amended by section 31 of part BBB of chapter 59 of the
    28  laws of 2018, is amended to read as follows:
    29    1. Notwithstanding the provisions of any other law  to  the  contrary,
    30  the  dormitory  authority  and  the corporation are hereby authorized to
    31  issue bonds or notes in one or more series for the  purpose  of  funding
    32  project costs for the office of information technology services, depart-
    33  ment  of  law,  and  other  state  costs  associated  with  such capital
    34  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    35  issued  pursuant  to  this  section shall not exceed [five hundred forty
    36  million nine hundred fifty-four thousand] six hundred sixty-two  million
    37  six  hundred  fifty-four  thousand dollars, $662,654,000 excluding bonds
    38  issued to fund one or more debt service reserve funds, to pay  costs  of
    39  issuance of such bonds, and bonds or notes issued to refund or otherwise
    40  repay such bonds or notes previously issued. Such bonds and notes of the
    41  dormitory  authority  and  the  corporation  shall  not be a debt of the
    42  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  the dormitory authority and the corporation for principal, interest, and
    45  related expenses pursuant to a service contract and such bonds and notes
    46  shall contain on the face thereof a statement to such effect. Except for
    47  purposes of complying with  the  internal  revenue  code,  any  interest
    48  income earned on bond proceeds shall only be used to pay debt service on
    49  such bonds.
    50    § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    51  of  1997,  relating  to  the  financing  of  the correctional facilities
    52  improvement fund and the youth facility improvement fund, as amended  by
    53  section  32 of part BBB of chapter 59 of the laws of 2018, is amended to
    54  read as follows:
    55    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
    56  notwithstanding the provisions of section 18 of section 1 of chapter 174

        A. 2005--B                         22
 
     1  of the laws of 1968, the New York state urban development corporation is
     2  hereby  authorized  to  issue  bonds,  notes and other obligations in an
     3  aggregate principal amount  not  to  exceed  [eight  billion  eighty-two
     4  million  eight  hundred ninety-nine thousand] eight billion four hundred
     5  ninety-four  million  nine   hundred   seventy-nine   thousand   dollars
     6  [$8,082,899,000]  $8,494,979,000, and shall include all bonds, notes and
     7  other obligations issued pursuant to chapter 56 of the laws of 1983,  as
     8  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
     9  obligations shall be paid to the state, for deposit in the  correctional
    10  facilities capital improvement fund to pay for all or any portion of the
    11  amount  or  amounts paid by the state from appropriations or reappropri-
    12  ations made to the department of corrections and  community  supervision
    13  from  the  correctional  facilities capital improvement fund for capital
    14  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    15  authorized  to  be  issued pursuant to this section shall exclude bonds,
    16  notes or other obligations issued to refund or  otherwise  repay  bonds,
    17  notes  or  other  obligations  theretofore issued, the proceeds of which
    18  were paid to the state for all or a portion of the amounts  expended  by
    19  the state from appropriations or reappropriations made to the department
    20  of  corrections  and community supervision; provided, however, that upon
    21  any such refunding or repayment the total aggregate principal amount  of
    22  outstanding bonds, notes or other obligations may be greater than [eight
    23  billion  eighty-two  million  eight  hundred ninety-nine thousand] eight
    24  billion four hundred ninety-four million nine hundred seventy-nine thou-
    25  sand dollars [$8,082,899,000] $8,494,979,000, only if the present  value
    26  of the aggregate debt service of the refunding or repayment bonds, notes
    27  or  other obligations to be issued shall not exceed the present value of
    28  the aggregate debt service of the bonds, notes or other  obligations  so
    29  to  be refunded or repaid. For the purposes hereof, the present value of
    30  the aggregate debt service of the refunding or repayment bonds, notes or
    31  other obligations and of the aggregate debt service of the bonds,  notes
    32  or  other  obligations  so  refunded  or  repaid, shall be calculated by
    33  utilizing the effective interest rate  of  the  refunding  or  repayment
    34  bonds,  notes  or other obligations, which shall be that rate arrived at
    35  by doubling the semi-annual  interest  rate  (compounded  semi-annually)
    36  necessary  to  discount  the  debt  service payments on the refunding or
    37  repayment bonds, notes or other obligations from the payment dates ther-
    38  eof to the date of issue of the refunding or repayment bonds,  notes  or
    39  other  obligations  and  to  the  price  bid including estimated accrued
    40  interest or proceeds received by  the  corporation  including  estimated
    41  accrued interest from the sale thereof.
    42    §  29.  Paragraph  (a) of subdivision 2 of section 47-e of the private
    43  housing finance law, as amended by section 33 of part BBB of chapter  59
    44  of the laws of 2018, is amended to read as follows:
    45    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    46  thousand,  in  order  to  enhance and encourage the promotion of housing
    47  programs and thereby achieve the stated purposes and objectives of  such
    48  housing  programs, the agency shall have the power and is hereby author-
    49  ized from time to time to issue negotiable  housing  program  bonds  and
    50  notes  in  such principal amount as shall be necessary to provide suffi-
    51  cient funds for the repayment of amounts disbursed (and  not  previously
    52  reimbursed)  pursuant  to law or any prior year making capital appropri-
    53  ations or reappropriations for the  purposes  of  the  housing  program;
    54  provided,  however, that the agency may issue such bonds and notes in an
    55  aggregate principal amount not exceeding  [$5,981,399,000  five  billion
    56  nine  hundred eighty-one million three hundred ninety-nine thousand] six

        A. 2005--B                         23
 
     1  billion five hundred  seventy-eight  million  five  hundred  ninety-nine
     2  thousand dollars $6,578,599,000, plus a principal amount of bonds issued
     3  to  fund  the  debt  service  reserve  fund  in accordance with the debt
     4  service  reserve  fund requirement established by the agency and to fund
     5  any other reserves that the agency reasonably deems  necessary  for  the
     6  security  or  marketability of such bonds and to provide for the payment
     7  of  fees  and  other  charges  and  expenses,  including   underwriters'
     8  discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
     9  enhancement and liquidity enhancement related to the  issuance  of  such
    10  bonds  and  notes.  No  reserve  fund securing the housing program bonds
    11  shall be entitled or eligible to  receive  state  funds  apportioned  or
    12  appropriated to maintain or restore such reserve fund at or to a partic-
    13  ular level, except to the extent of any deficiency resulting directly or
    14  indirectly  from a failure of the state to appropriate or pay the agreed
    15  amount under any of the contracts provided for in  subdivision  four  of
    16  this section.
    17    § 29-a. Subdivision 1 of section 51 of section 1 of chapter 174 of the
    18  laws  of  1968, constituting the New York state urban development corpo-
    19  ration act, as amended by section 42-c of part XXX of chapter 59 of  the
    20  laws of 2017, is amended to read as follows:
    21    1.  Notwithstanding  the  provisions of any other law to the contrary,
    22  the dormitory authority and the urban development corporation are hereby
    23  authorized to issue bonds or notes in one or more series for the purpose
    24  of funding  project  costs  for  the  nonprofit  infrastructure  capital
    25  investment  program  and  other state costs associated with such capital
    26  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    27  issued  pursuant  to  this section shall not exceed one hundred [twenty]
    28  forty million dollars $140,000,000, excluding bonds issued to  fund  one
    29  or  more  debt  service  reserve funds, to pay costs of issuance of such
    30  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    31  or notes previously issued.  Such  bonds  and  notes  of  the  dormitory
    32  authority  and  the urban development corporation shall not be a debt of
    33  the state, and the state shall not be liable thereon, nor shall they  be
    34  payable  out  of any funds other than those appropriated by the state to
    35  the dormitory authority and the urban development corporation for  prin-
    36  cipal, interest, and related expenses pursuant to a service contract and
    37  such  bonds  and  notes shall contain on the face thereof a statement to
    38  such effect. Except for purposes of complying with the internal  revenue
    39  code,  any interest income earned on bond proceeds shall only be used to
    40  pay debt service on such bonds.
    41    § 30. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    42  1991,  amending  the  state  finance  law and other laws relating to the
    43  establishment of the dedicated highway and bridge trust fund, as amended
    44  by section 34 of part BBB of chapter 59 of the laws of 2018, is  amended
    45  to read as follows:
    46    (b) Any service contract or contracts for projects authorized pursuant
    47  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    48  14-k of the transportation law, and entered into pursuant to subdivision
    49  (a) of this section, shall provide  for  state  commitments  to  provide
    50  annually  to  the  thruway  authority a sum or sums, upon such terms and
    51  conditions as shall be deemed appropriate by the director of the budget,
    52  to fund, or fund the debt service requirements of any bonds or any obli-
    53  gations of the thruway authority issued to  fund  or  to  reimburse  the
    54  state  for  funding  such  projects  having  a  cost  not  in  excess of
    55  [$10,251,939,000] ten billion eight hundred four  million  four  hundred

        A. 2005--B                         24
 
     1  seventy-eight  thousand  dollars $10,804,478,000 cumulatively by the end
     2  of fiscal year [2018-19] 2019-20.
     3    §  31.  Subdivision 1 of section 1689-i of the public authorities law,
     4  as amended by section 35 of part BBB of chapter 59 of the laws of  2018,
     5  is amended to read as follows:
     6    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
     7  request of the commissioner of education, to  finance  eligible  library
     8  construction projects pursuant to section two hundred seventy-three-a of
     9  the  education  law,  in  amounts  certified by such commissioner not to
    10  exceed a total principal amount of [two hundred seventeen  million]  two
    11  hundred fifty-one million dollars $251,000,000.
    12    §  32.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
    13  laws of 2005, relating to providing for the  administration  of  certain
    14  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    15  section 36 of part BBB of chapter 59 of the laws of 2018, is amended  to
    16  read as follows:
    17    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    18  notwithstanding any provisions of law to the contrary, the urban  devel-
    19  opment  corporation  is hereby authorized to issue bonds or notes in one
    20  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
    21  [$220,100,000  two  hundred  twenty  million  one  hundred thousand] two
    22  hundred seventy-one million six hundred thousand  dollars  $271,600,000,
    23  excluding  bonds  issued  to  finance  one  or more debt service reserve
    24  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    25  to refund or otherwise repay such bonds or notes previously issued,  for
    26  the  purpose  of financing capital projects including IT initiatives for
    27  the division of state police, debt service and leases; and to  reimburse
    28  the  state  general fund for disbursements made therefor. Such bonds and
    29  notes of such authorized issuer shall not be a debt of  the  state,  and
    30  the  state shall not be liable thereon, nor shall they be payable out of
    31  any funds other than those appropriated by the state to such  authorized
    32  issuer  for  debt  service  and related expenses pursuant to any service
    33  contract executed pursuant to subdivision (b) of this section  and  such
    34  bonds  and  notes  shall contain on the face thereof a statement to such
    35  effect. Except for purposes of complying with the internal revenue code,
    36  any interest income earned on bond proceeds shall only be  used  to  pay
    37  debt service on such bonds.
    38    §  33.  Section  44  of  section 1 of chapter 174 of the laws of 1968,
    39  constituting the New York state urban development  corporation  act,  as
    40  amended by section 37 of part BBB of chapter 59 of the laws  of 2018, is
    41  amended to read as follows:
    42    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    43  provisions of any other law to the contrary, the dormitory authority and
    44  the corporation are hereby authorized to issue bonds or notes in one  or
    45  more  series  for  the purpose of funding project costs for the regional
    46  economic development council  initiative,  the  economic  transformation
    47  program,  state university of New York college for nanoscale and science
    48  engineering, projects within the city of Buffalo  or  surrounding  envi-
    49  rons,  the  New  York  works economic development fund, projects for the
    50  retention of professional football in western New York, the empire state
    51  economic development fund, the  clarkson-trudeau  partnership,  the  New
    52  York  genome  center, the cornell university college of veterinary medi-
    53  cine, the olympic  regional  development  authority,  projects  at  nano
    54  Utica,  onondaga  county  revitalization projects, Binghamton university
    55  school of pharmacy, New York power electronics manufacturing consortium,
    56  regional infrastructure projects,  high  tech  innovation  and  economic

        A. 2005--B                         25
 
     1  development   infrastructure   program,  high  technology  manufacturing
     2  projects in Chautauqua and Erie county, an industrial scale research and
     3  development facility in Clinton county,  upstate  revitalization  initi-
     4  ative  projects,  downstate  revitalization  initiative, market New York
     5  projects, fairground buildings, equipment or facilities  used  to  house
     6  and  promote  agriculture,  the  state fair, the empire state trail, the
     7  moynihan station development project, the  Kingsbridge  armory  project,
     8  strategic  economic  development projects, the cultural, arts and public
     9  spaces fund, water infrastructure in the city  of  Auburn  and  town  of
    10  Owasco,  a  life  sciences laboratory public health initiative, not-for-
    11  profit pounds, shelters and humane societies, arts and cultural  facili-
    12  ties  improvement  program,  restore  New York's communities initiative,
    13  heavy  equipment,  economic  development  and  infrastructure  projects,
    14  Roosevelt Island operating corporation capital projects, and other state
    15  costs  associated  with such projects. The aggregate principal amount of
    16  bonds authorized to be issued pursuant to this section shall not  exceed
    17  [eight billion three hundred million five hundred ninety thousand] eight
    18  billion  five  hundred thirty-three million six hundred thirty-six thou-
    19  sand dollars $8,533,636,000, excluding bonds issued to fund one or  more
    20  debt  service reserve funds, to pay costs of issuance of such bonds, and
    21  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    22  previously  issued.  Such bonds and notes of the dormitory authority and
    23  the corporation shall not be a debt of the state, and  the  state  shall
    24  not  be liable thereon, nor shall they be payable out of any funds other
    25  than those appropriated by the state to the dormitory authority and  the
    26  corporation  for principal, interest, and related expenses pursuant to a
    27  service contract and such bonds and notes  shall  contain  on  the  face
    28  thereof  a  statement  to  such effect. Except for purposes of complying
    29  with the internal revenue code,  any  interest  income  earned  on  bond
    30  proceeds shall only be used to pay debt service on such bonds.
    31    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    32  order to assist the dormitory authority and the corporation in undertak-
    33  ing the financing for project costs for the regional  economic  develop-
    34  ment  council  initiative,  the  economic  transformation program, state
    35  university of New York college for nanoscale  and  science  engineering,
    36  projects  within  the  city  of Buffalo or surrounding environs, the New
    37  York works economic development fund,  projects  for  the  retention  of
    38  professional  football  in  western  New York, the empire state economic
    39  development fund, the clarkson-trudeau partnership, the New York  genome
    40  center, the cornell university college of veterinary medicine, the olym-
    41  pic  regional  development  authority,  projects at nano Utica, onondaga
    42  county revitalization projects, Binghamton university school of  pharma-
    43  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    44  infrastructure projects, New York State Capital Assistance  Program  for
    45  Transportation,  infrastructure,  and  economic  development,  high tech
    46  innovation and economic development infrastructure program,  high  tech-
    47  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    48  trial scale research and development facility in Clinton county, upstate
    49  revitalization initiative projects, downstate revitalization initiative,
    50  market New York projects, fairground buildings, equipment or  facilities
    51  used  to house and promote agriculture, the state fair, the empire state
    52  trail, the moynihan station development project, the Kingsbridge  armory
    53  project, strategic economic development projects, the cultural, arts and
    54  public  spaces fund, water infrastructure in the city of Auburn and town
    55  of Owasco, a life sciences laboratory public health initiative, not-for-
    56  profit pounds, shelters and humane societies, arts and cultural  facili-

        A. 2005--B                         26
 
     1  ties  improvement  program,  restore  New York's communities initiative,
     2  heavy  equipment,  economic  development  and  infrastructure  projects,
     3  Roosevelt Island operating corporation capital projects, and other state
     4  costs associated with such projects the director of the budget is hereby
     5  authorized to enter into one or more service contracts with the dormito-
     6  ry  authority  and  the  corporation,  none of which shall exceed thirty
     7  years in duration, upon such terms and conditions as the director of the
     8  budget and the dormitory authority and the corporation agree, so  as  to
     9  annually  provide to the dormitory authority and the corporation, in the
    10  aggregate, a sum not to exceed  the  principal,  interest,  and  related
    11  expenses required for such bonds and notes. Any service contract entered
    12  into  pursuant  to this section shall provide that the obligation of the
    13  state to pay the amount therein provided shall not constitute a debt  of
    14  the  state  within  the  meaning  of  any  constitutional  or  statutory
    15  provision and shall be deemed executory only to  the  extent  of  monies
    16  available  and  that  no liability shall be incurred by the state beyond
    17  the monies available for such purpose, subject to  annual  appropriation
    18  by the legislature. Any such contract or any payments made or to be made
    19  thereunder  may  be  assigned and pledged by the dormitory authority and
    20  the corporation as security for its bonds and notes,  as  authorized  by
    21  this section.
    22    § 34. Subdivision (a) of section 1 of part X of chapter 59 of the laws
    23  of  2004,  authorizing  the New York state urban development corporation
    24  and the dormitory authority of the state of New York to issue  bonds  or
    25  notes,  as amended by section 37-a of part BBB of chapter 59 of the laws
    26  of 2018, is amended to read as follows:
    27    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    28  notwithstanding any other provision of law to the contrary, the New York
    29  State  urban  development corporation and the dormitory authority of the
    30  state of New York are hereby authorized to issue bonds or notes  in  one
    31  or   more  series  in  an  aggregate  principal  amount  not  to  exceed
    32  [$293,325,000] three hundred forty-three million three  hundred  twenty-
    33  five  thousand  dollars  $343,325,000, excluding bonds issued to finance
    34  one or more debt service reserve funds, to pay costs of issuance of such
    35  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    36  or notes previously issued, for the purpose of financing  projects  cost
    37  of  the  Empire  Opportunity  Fund;  Rebuilding the Empire State Through
    38  Opportunities in Regional Economies (RESTORE) New York Program; and  the
    39  Community  Capital  Assistance  Program authorized pursuant to Part T of
    40  chapter 84 of the laws of 2002. Such bonds and notes of the  corporation
    41  or  the  dormitory  authority  shall not be a debt of the state, and the
    42  state shall not be liable thereon, nor shall they be payable out of  any
    43  funds  other  than those appropriated by the state to the corporation or
    44  the dormitory authority for debt service and related  expenses  pursuant
    45  to  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. All of the provisions of
    50  the New York state urban development corporation act and  the  dormitory
    51  authority  act  relating  to  bonds and notes which are not inconsistent
    52  with the provisions of this section shall apply to  obligations  author-
    53  ized  by  this section, including but not limited to the power to estab-
    54  lish adequate reserves therefor and to issue renewal notes or  refunding
    55  bonds  thereof.  The  issuance  of  any  bonds  or notes hereunder shall

        A. 2005--B                         27

     1  further be subject to the approval of the director of  the  division  of
     2  the budget.
     3    §  35.  Subdivision 3 of section 1285-p of the public authorities law,
     4  as amended by section 38 of part BBB of chapter 59 of the laws of  2018,
     5  is amended to read as follows:
     6    3.  The  maximum amount of bonds that may be issued for the purpose of
     7  financing  environmental  infrastructure  projects  authorized  by  this
     8  section  shall  be  [five  billion  one  hundred forty-seven million two
     9  hundred sixty thousand] five billion eight hundred eighty-eight  million
    10  ten  thousand  dollars $5,888,010,000, exclusive of bonds issued to fund
    11  any debt service reserve funds, pay costs of issuance of such bonds, and
    12  bonds or notes issued to refund or otherwise repay bonds or notes previ-
    13  ously issued. Such bonds and notes of the corporation  shall  not  be  a
    14  debt  of the state, and the state shall not be liable thereon, nor shall
    15  they be payable out of any funds other than those  appropriated  by  the
    16  state  to the corporation for debt service and related expenses pursuant
    17  to any service contracts executed pursuant to subdivision  one  of  this
    18  section,  and  such  bonds and notes shall contain on the face thereof a
    19  statement to such effect.
    20    § 36. Subdivision (a) of section 48 of part K of  chapter  81  of  the
    21  laws  of  2002,  relating to providing for the administration of certain
    22  funds and accounts related  to  the  2002-2003  budget,  as  amended  by
    23  section  40 of part BBB of chapter 59 of the laws of 2018, is amended to
    24  read as follows:
    25    (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
    26  notwithstanding  the  provisions  of section 18 of the urban development
    27  corporation act, the corporation is hereby authorized to issue bonds  or
    28  notes  in  one  or  more  series in an aggregate principal amount not to
    29  exceed [$253,000,000 two-hundred fifty-three million] two hundred eight-
    30  y-six million dollars $286,000,000, excluding bonds issued to  fund  one
    31  or  more  debt  service  reserve funds, to pay costs of issuance of such
    32  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    33  or notes previously issued, for the purpose of financing  capital  costs
    34  related to homeland security and training facilities for the division of
    35  state  police, the division of military and naval affairs, and any other
    36  state agency, including the reimbursement of any disbursements made from
    37  the state capital projects fund, and is hereby authorized to issue bonds
    38  or notes in one or more series in an aggregate principal amount  not  to
    39  exceed  [$748,800,000,  seven  hundred forty-eight million eight hundred
    40  thousand] $957,800,000 nine hundred fifty-seven  million  eight  hundred
    41  thousand  dollars,  excluding  bonds  issued  to  fund  one or more debt
    42  service reserve funds, to pay costs of issuance of such bonds, and bonds
    43  or notes issued to refund or otherwise repay such bonds or notes  previ-
    44  ously  issued, for the purpose of financing improvements to State office
    45  buildings  and  other  facilities  located  statewide,   including   the
    46  reimbursement  of any disbursements made from the state capital projects
    47  fund. Such bonds and notes of the corporation shall not be a debt of the
    48  state, and the state shall not be liable  thereon,  nor  shall  they  be
    49  payable  out  of any funds other than those appropriated by the state to
    50  the corporation for debt service and related expenses  pursuant  to  any
    51  service  contracts executed pursuant to subdivision (b) of this section,
    52  and such bonds and notes shall contain on the face thereof  a  statement
    53  to such effect.
    54    § 37. Subdivision 1 of section 386-b of the public authorities law, as
    55  amended  by section 41 of part BBB of chapter 59 of the laws of 2018, is
    56  amended to read as follows:

        A. 2005--B                         28
 
     1    1. Notwithstanding any other provision of law  to  the  contrary,  the
     2  authority, the dormitory authority and the urban development corporation
     3  are  hereby authorized to issue bonds or notes in one or more series for
     4  the purpose of financing peace bridge  projects  and  capital  costs  of
     5  state and local highways, parkways, bridges, the New York state thruway,
     6  Indian reservation roads, and facilities, and transportation infrastruc-
     7  ture   projects   including  aviation  projects,  non-MTA  mass  transit
     8  projects, and rail service preservation projects, including work  appur-
     9  tenant  and  ancillary  thereto. The aggregate principal amount of bonds
    10  authorized to be issued pursuant to this section shall not exceed  [four
    11  billion  five  hundred  million dollars $4,500,000,000] four billion six
    12  hundred forty million dollars $4,640,000,000, excluding bonds issued  to
    13  fund one or more debt service reserve funds, to pay costs of issuance of
    14  such  bonds, and to refund or otherwise repay such bonds or notes previ-
    15  ously issued. Such bonds and  notes  of  the  authority,  the  dormitory
    16  authority  and  the urban development corporation shall not be a debt of
    17  the state, and the state shall not be liable thereon, nor shall they  be
    18  payable  out  of any funds other than those appropriated by the state to
    19  the authority, the dormitory authority and the urban development  corpo-
    20  ration  for  principal,  interest,  and  related  expenses pursuant to a
    21  service contract and such bonds and notes  shall  contain  on  the  face
    22  thereof  a  statement  to  such effect. Except for purposes of complying
    23  with the internal revenue code,  any  interest  income  earned  on  bond
    24  proceeds shall only be used to pay debt service on such bonds.
    25    §  38.  Paragraph  (c) of subdivision 19 of section 1680 of the public
    26  authorities law, as amended by section 42 of part BBB of chapter  59  of
    27  the laws of 2018, is amended to read as follows:
    28    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    29  thousand,  the  dormitory  authority shall not issue any bonds for state
    30  university educational facilities purposes if the  principal  amount  of
    31  bonds to be issued when added to the aggregate principal amount of bonds
    32  issued  by  the  dormitory  authority  on and after July first, nineteen
    33  hundred eighty-eight for state university  educational  facilities  will
    34  exceed [thirteen billion one hundred seventy-eight million eight hundred
    35  sixty-four  thousand  dollars  $13,178,864,000]  fourteen  billion three
    36  hundred seventy-one million eight hundred  sixty-four  thousand  dollars
    37  $14,371,864,000;  provided,  however,  that bonds issued or to be issued
    38  shall be excluded from such limitation if: (1) such bonds are issued  to
    39  refund   state   university  construction  bonds  and  state  university
    40  construction notes previously issued by the housing finance  agency;  or
    41  (2)  such  bonds  are  issued  to refund bonds of the authority or other
    42  obligations issued for state university educational facilities  purposes
    43  and  the  present  value  of the aggregate debt service on the refunding
    44  bonds does not exceed the present value of the aggregate debt service on
    45  the bonds refunded thereby; provided, further that upon certification by
    46  the director of the budget that the issuance of refunding bonds or other
    47  obligations issued between April first, nineteen hundred ninety-two  and
    48  March  thirty-first,  nineteen  hundred  ninety-three will generate long
    49  term economic benefits to the state, as  assessed  on  a  present  value
    50  basis,  such  issuance will be deemed to have met the present value test
    51  noted above. For purposes of this subdivision, the present value of  the
    52  aggregate  debt  service  of  the refunding bonds and the aggregate debt
    53  service of the bonds refunded, shall be calculated by utilizing the true
    54  interest cost of the refunding bonds, which shall be that  rate  arrived
    55  at  by doubling the semi-annual interest rate (compounded semi-annually)
    56  necessary to discount the debt service payments on the  refunding  bonds

        A. 2005--B                         29
 
     1  from  the  payment  dates  thereof to the date of issue of the refunding
     2  bonds to the purchase price of the refunding bonds,  including  interest
     3  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
     4  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
     5  exceed the weighted average economic life, as  certified  by  the  state
     6  university construction fund, of the facilities in connection with which
     7  the  bonds  are  issued,  and  in any case not later than the earlier of
     8  thirty years or the expiration of the term of  any  lease,  sublease  or
     9  other  agreement  relating  thereto;  provided  that  no note, including
    10  renewals thereof, shall mature later than five years after the  date  of
    11  issuance  of  such  note. The legislature reserves the right to amend or
    12  repeal such limit, and the state of New York, the  dormitory  authority,
    13  the  state university of New York, and the state university construction
    14  fund are prohibited from covenanting or making any other agreements with
    15  or for the benefit of bondholders which might in  any  way  affect  such
    16  right.
    17    §  39.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    18  authorities law, as amended by section 43 of part BBB of chapter  59  of
    19  the laws of 2018, is amended to read as follows:
    20    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    21  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
    22  bonds for city university community college facilities, except to refund
    23  or to be substituted for or in lieu of other bonds in relation  to  city
    24  university  community college facilities pursuant to a resolution of the
    25  dormitory authority adopted before July first, nineteen hundred  eighty-
    26  five  or any resolution supplemental thereto, if the principal amount of
    27  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    28  previously  issued by the dormitory authority for city university commu-
    29  nity college facilities, except to refund or to be substituted  in  lieu
    30  of  other bonds in relation to city university community college facili-
    31  ties will exceed the sum of four hundred twenty-five million dollars and
    32  (ii) the dormitory authority shall not deliver a series of bonds  issued
    33  for  city university facilities, including community college facilities,
    34  pursuant to a resolution of the dormitory authority adopted on or  after
    35  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    36  substituted for or in lieu of other bonds in relation to city university
    37  facilities and except for bonds issued pursuant to a resolution  supple-
    38  mental  to a resolution of the dormitory authority adopted prior to July
    39  first, nineteen hundred eighty-five, if the principal amount of bonds so
    40  to be issued when added to the  principal  amount  of  bonds  previously
    41  issued pursuant to any such resolution, except bonds issued to refund or
    42  to  be  substituted  for  or  in lieu of other bonds in relation to city
    43  university facilities, will exceed [eight billion three hundred fourteen
    44  million six hundred ninety-one  thousand  dollars  $8,314,691,000]  nine
    45  billion  seventy-four  million  two  hundred  fifty-six thousand dollars
    46  $9,074,256,000. The legislature reserves the right to  amend  or  repeal
    47  such limit, and the state of New York, the dormitory authority, the city
    48  university,  and  the fund are prohibited from covenanting or making any
    49  other agreements with or for the benefit of bondholders which  might  in
    50  any way affect such right.
    51    §  40. Subdivision 10-a of section 1680 of the public authorities law,
    52  as amended by section 44 of part BBB of chapter 59 of the laws of  2018,
    53  is amended to read as follows:
    54    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    55  two thousand, but notwithstanding any other provision of the law to  the
    56  contrary, the maximum amount of bonds and notes to be issued after March

        A. 2005--B                         30
 
     1  thirty-first,  two  thousand two, on behalf of the state, in relation to
     2  any locally sponsored community college, shall be [nine  hundred  sixty-
     3  eight  million five hundred forty-two thousand dollars $968,542,000] one
     4  billion  five  million  six hundred two thousand dollars $1,005,602,000.
     5  Such amount shall be exclusive of bonds and notes  issued  to  fund  any
     6  reserve  fund  or funds, costs of issuance and to refund any outstanding
     7  bonds and notes, issued on behalf of the state, relating  to  a  locally
     8  sponsored community college.
     9    §  40-a. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
    10  (iii) of paragraph (j) of subdivision 4 of section 1 of part U of  chap-
    11  ter  57 of the laws of 2005 relating to the composition and responsibil-
    12  ities of the New York state  higher  education  capital  matching  grant
    13  board, as amended by section 59 of part BBB of chapter 59 of the laws of
    14  2018, is amended to read as follows:
    15    (b)  Within amounts appropriated therefor, the board is hereby author-
    16  ized and directed to award matching capital grants totaling [two hundred
    17  seventy] three hundred million dollars $300,000,000.  Each college shall
    18  be eligible for a grant award amount as determined by  the  calculations
    19  pursuant to subdivision five of this section. In addition, such colleges
    20  shall  be eligible to compete for additional funds pursuant to paragraph
    21  (h) of subdivision four of this section.
    22    (B) The dormitory authority shall not issue any bonds or notes  in  an
    23  amount  in excess of [two hundred seventy] three hundred million dollars
    24  $300,000,000 for the purposes of this section; excluding bonds or  notes
    25  issued  to  fund one or more debt service reserve funds, to pay costs of
    26  issuance of such bonds, and bonds or notes issued to refund or otherwise
    27  repay such bonds or notes previously  issued.  Except  for  purposes  of
    28  complying  with the internal revenue code, any interest on bond proceeds
    29  shall only be used to pay debt service on such bonds.
    30    § 40-b. Subdivision 10 of section  407-b  of  the  education  law,  as
    31  amended  by  chapter  31  of  the  laws  of  1996, is amended to read as
    32  follows:
    33    10. Notwithstanding any other provision of law to  the  contrary,  the
    34  dormitory  authority  may execute leases, subleases, or other agreements
    35  with state supported schools for financing of the design,  construction,
    36  rehabilitation,   improvement,  renovation,  acquisition  or  provision,
    37  furnishing or equipping of capital facilities; provided,  however,  that
    38  during the two year period commencing July first, nineteen hundred nine-
    39  ty-five,  the amount of bonds inclusive of principal, interest and issu-
    40  ance costs to be issued for each individual lease,  sublease,  or  other
    41  agreement  shall  not  exceed fifteen million dollars annually; provided
    42  further that the interest on such bonds  may  not  be  deferred  through
    43  additional borrowing; and provided finally that the total amount of such
    44  bonds for all such leases, subleases, or agreements with state supported
    45  schools  during  such  period  shall not exceed [sixty-five] one hundred
    46  million dollars.
    47    On or before September first of  each  year,  the  commissioner  shall
    48  submit  to  the  chairs  of  the  assembly ways and means committee, the
    49  senate finance committee and the director of the budget, a capital  plan
    50  for  those  projects  expected  to be bonded for state supported schools
    51  pursuant to this section, within such [sixty-five] one  hundred  million
    52  dollar  allowance.  After  application  of the principles of the capital
    53  assets preservation program, such plan shall accord priority  to  health
    54  and  safety  considerations  and shall specify the name, location, esti-
    55  mated total cost of the project at the time the project is  to  be  bid,
    56  the  anticipated  bid  date  and the anticipated completion date and may

        A. 2005--B                         31

     1  contain any further recommendations the commissioner may deem  appropri-
     2  ate.
     3    § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
     4  of  1997,  relating  to  the  financing  of  the correctional facilities
     5  improvement fund and the youth facility improvement fund, as amended  by
     6  section  45 of part BBB of chapter 59 of the laws of 2018, is amended to
     7  read as follows:
     8    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
     9  notwithstanding the provisions of section 18 of section 1 of chapter 174
    10  of the laws of 1968, the New York state urban development corporation is
    11  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    12  aggregate principal amount not to exceed [seven] eight  hundred  [sixty-
    13  nine] four million six hundred fifteen thousand dollars [($769,615,000)]
    14  $804,615,000,  which  authorization  increases  the  aggregate principal
    15  amount of bonds, notes and other obligations authorized by section 40 of
    16  chapter 309 of the laws of 1996, and shall include all bonds, notes  and
    17  other obligations issued pursuant to chapter 211 of the laws of 1990, as
    18  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    19  obligations shall be paid to the state, for deposit in the youth facili-
    20  ties improvement fund, to pay for all or any portion of  the  amount  or
    21  amounts  paid  by the state from appropriations or reappropriations made
    22  to the office of children and family services from the youth  facilities
    23  improvement  fund  for  capital projects. The aggregate amount of bonds,
    24  notes and other obligations authorized to be  issued  pursuant  to  this
    25  section shall exclude bonds, notes or other obligations issued to refund
    26  or otherwise repay bonds, notes or other obligations theretofore issued,
    27  the proceeds of which were paid to the state for all or a portion of the
    28  amounts  expended  by  the state from appropriations or reappropriations
    29  made to the office of children and family services;  provided,  however,
    30  that  upon any such refunding or repayment the total aggregate principal
    31  amount of outstanding bonds, notes or other obligations may  be  greater
    32  than [seven] eight hundred [sixty-nine] four million six hundred fifteen
    33  thousand  dollars  [($769,615,000)]  $804,615,000,  only  if the present
    34  value of the aggregate debt service of the refunding or repayment bonds,
    35  notes or other obligations to be issued shall  not  exceed  the  present
    36  value  of  the aggregate debt service of the bonds, notes or other obli-
    37  gations so to be refunded or repaid. For the purposes hereof, the  pres-
    38  ent  value  of  the aggregate debt service of the refunding or repayment
    39  bonds, notes or other obligations and of the aggregate debt  service  of
    40  the  bonds,  notes  or other obligations so refunded or repaid, shall be
    41  calculated by utilizing the effective interest rate of the refunding  or
    42  repayment  bonds,  notes  or other obligations, which shall be that rate
    43  arrived at by doubling the semi-annual interest rate  (compounded  semi-
    44  annually) necessary to discount the debt service payments on the refund-
    45  ing  or  repayment  bonds,  notes  or other obligations from the payment
    46  dates thereof to the date of issue of the refunding or repayment  bonds,
    47  notes  or  other  obligations  and  to the price bid including estimated
    48  accrued interest or proceeds received by the corporation including esti-
    49  mated accrued interest from the sale thereof.
    50    § 42. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
    51  chapter 392 of the laws of 1973, constituting the New York state medical
    52  care facilities finance agency act, as amended by section 46 of part BBB
    53  of chapter 59 of the laws of 2018, is amended to read as follows:
    54    b.  The  agency shall have power and is hereby authorized from time to
    55  time to issue negotiable bonds and notes in conformity  with  applicable
    56  provisions  of  the uniform commercial code in such principal amount as,

        A. 2005--B                         32
 
     1  in the opinion of the agency, shall  be  necessary,  after  taking  into
     2  account  other moneys which may be available for the purpose, to provide
     3  sufficient funds to  the  facilities  development  corporation,  or  any
     4  successor agency, for the financing or refinancing of or for the design,
     5  construction, acquisition, reconstruction, rehabilitation or improvement
     6  of  mental  health  services  facilities pursuant to paragraph a of this
     7  subdivision, the payment of interest on mental health services  improve-
     8  ment  bonds and mental health services improvement notes issued for such
     9  purposes, the establishment of reserves to secure such bonds and  notes,
    10  the  cost  or  premium  of  bond insurance or the costs of any financial
    11  mechanisms which may be used to reduce the debt service  that  would  be
    12  payable  by the agency on its mental health services facilities improve-
    13  ment bonds and notes and all other expenditures of the  agency  incident
    14  to  and  necessary or convenient to providing the facilities development
    15  corporation, or any successor agency, with funds for  the  financing  or
    16  refinancing of or for any such design, construction, acquisition, recon-
    17  struction, rehabilitation or improvement and for the refunding of mental
    18  hygiene improvement bonds issued pursuant to section 47-b of the private
    19  housing  finance law; provided, however, that the agency shall not issue
    20  mental health services facilities improvement bonds  and  mental  health
    21  services  facilities  improvement notes in an aggregate principal amount
    22  exceeding [eight  billion  seven  hundred  seventy-eight  million  seven
    23  hundred  eleven thousand] nine billion three hundred forty-three million
    24  three hundred eight thousand dollars  $9,343,308,000,  excluding  mental
    25  health  services facilities improvement bonds and mental health services
    26  facilities improvement notes issued to refund outstanding mental  health
    27  services facilities improvement bonds and mental health services facili-
    28  ties  improvement notes; provided, however, that upon any such refunding
    29  or repayment of mental  health  services  facilities  improvement  bonds
    30  and/or  mental  health  services  facilities improvement notes the total
    31  aggregate principal amount of outstanding mental health services facili-
    32  ties improvement bonds and mental health  facilities  improvement  notes
    33  may  be  greater than [eight billion seven hundred seventy-eight million
    34  seven hundred eleven thousand dollars $8,778,711,000] nine billion three
    35  hundred  forty-three  million  three  hundred  eight  thousand   dollars
    36  $9,343,308,000,  only if, except as hereinafter provided with respect to
    37  mental health services  facilities  bonds  and  mental  health  services
    38  facilities  notes  issued  to  refund  mental  hygiene improvement bonds
    39  authorized to be issued pursuant to the provisions of  section  47-b  of
    40  the private housing finance law, the present value of the aggregate debt
    41  service  of  the  refunding  or  repayment  bonds to be issued shall not
    42  exceed the present value of the aggregate debt service of the  bonds  to
    43  be  refunded  or  repaid. For purposes hereof, the present values of the
    44  aggregate debt service of the refunding or  repayment  bonds,  notes  or
    45  other  obligations and of the aggregate debt service of the bonds, notes
    46  or other obligations so refunded  or  repaid,  shall  be  calculated  by
    47  utilizing  the  effective  interest  rate  of the refunding or repayment
    48  bonds, notes or other obligations, which shall be that rate  arrived  at
    49  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
    50  necessary to discount the debt service  payments  on  the  refunding  or
    51  repayment bonds, notes or other obligations from the payment dates ther-
    52  eof  to  the date of issue of the refunding or repayment bonds, notes or
    53  other obligations and to  the  price  bid  including  estimated  accrued
    54  interest  or  proceeds  received  by  the  authority including estimated
    55  accrued interest from the sale thereof. Such  bonds,  other  than  bonds
    56  issued  to refund outstanding bonds, shall be scheduled to mature over a

        A. 2005--B                         33
 
     1  term not to exceed the average useful life, as certified by the  facili-
     2  ties  development  corporation,  of the projects for which the bonds are
     3  issued, and in any case shall not exceed thirty years  and  the  maximum
     4  maturity  of  notes  or any renewals thereof shall not exceed five years
     5  from the date of the original issue of such notes.  Notwithstanding  the
     6  provisions of this section, the agency shall have the power and is here-
     7  by  authorized  to  issue  mental health services facilities improvement
     8  bonds and/or mental health  services  facilities  improvement  notes  to
     9  refund  outstanding  mental  hygiene  improvement bonds authorized to be
    10  issued pursuant to the provisions of section 47-b of the private housing
    11  finance law and the amount of  bonds  issued  or  outstanding  for  such
    12  purposes shall not be included for purposes of determining the amount of
    13  bonds  issued pursuant to this section. The director of the budget shall
    14  allocate the aggregate principal authorized to be issued by  the  agency
    15  among  the office of mental health, office for people with developmental
    16  disabilities, and the office of alcoholism and substance abuse services,
    17  in consultation with their respective commissioners to finance  bondable
    18  appropriations previously approved by the legislature.
    19    § 42-a. Subdivision 1 of section 1680-r of the public authorities law,
    20  as  amended by section 47 of part BBB of chapter 59 of the laws of 2018,
    21  is amended to read as follows:
    22    1. Notwithstanding the provisions of any other law  to  the  contrary,
    23  the dormitory authority and the urban development corporation are hereby
    24  authorized to issue bonds or notes in one or more series for the purpose
    25  of funding project costs for the capital restructuring financing program
    26  for  health  care and related facilities licensed pursuant to the public
    27  health law or the mental hygiene law and other  state  costs  associated
    28  with  such  capital  projects,  the  health care facility transformation
    29  programs, and the essential health care provider program. The  aggregate
    30  principal  amount  of  bonds  authorized  to  be issued pursuant to this
    31  section shall not exceed  three  billion  [fifty]  seventy-five  million
    32  dollars  $3,075,000,000, excluding bonds issued to fund one or more debt
    33  service reserve funds, to pay costs of issuance of such bonds, and bonds
    34  or notes issued to refund or otherwise repay such bonds or notes  previ-
    35  ously  issued.  Such  bonds and notes of the dormitory authority and the
    36  urban development corporation shall not be a debt of the state, and  the
    37  state  shall not be liable thereon, nor shall they be payable out of any
    38  funds other than those  appropriated  by  the  state  to  the  dormitory
    39  authority and the urban development corporation for principal, interest,
    40  and  related  expenses pursuant to a service contract and such bonds and
    41  notes shall contain on the face thereof  a  statement  to  such  effect.
    42  Except  for  purposes  of  complying with the internal revenue code, any
    43  interest income earned on bond proceeds shall only be used to  pay  debt
    44  service on such bonds.
    45    §  43.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
    46  laws of 2005, relating to providing for the  administration  of  certain
    47  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    48  section 49 of part BBB of chapter 59 of the laws of 2018, is amended  to
    49  read as follows:
    50    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    51  notwithstanding any provisions of law  to  the  contrary,  one  or  more
    52  authorized  issuers  as defined by section 68-a of the state finance law
    53  are hereby authorized to issue bonds or notes in one or more  series  in
    54  an  aggregate  principal  amount not to exceed [$67,000,000, sixty-seven
    55  million] ninety-two million dollars $92,000,000, excluding bonds  issued
    56  to finance one or more debt service reserve funds, to pay costs of issu-

        A. 2005--B                         34
 
     1  ance  of  such  bonds,  and bonds or notes issued to refund or otherwise
     2  repay such bonds or notes previously issued, for the purpose of  financ-
     3  ing capital projects for public protection facilities in the Division of
     4  Military  and  Naval  Affairs, debt service and leases; and to reimburse
     5  the state general fund for disbursements made therefor. Such  bonds  and
     6  notes  of  such  authorized issuer shall not be a debt of the state, and
     7  the state shall not be liable thereon, nor shall they be payable out  of
     8  any  funds other than those appropriated by the state to such authorized
     9  issuer for debt service and related expenses  pursuant  to  any  service
    10  contract  executed  pursuant to subdivision (b) of this section and such
    11  bonds and notes shall contain on the face thereof a  statement  to  such
    12  effect. Except for purposes of complying with the internal revenue code,
    13  any  interest  income  earned on bond proceeds shall only be used to pay
    14  debt service on such bonds.
    15    § 44. Subdivision 1 of section 386-a of the public authorities law, as
    16  amended by section 61 of part BBB of chapter 59 of the laws of 2018,  is
    17  amended to read as follows:
    18    1.  Notwithstanding  any  other  provision of law to the contrary, the
    19  authority, the dormitory authority and the urban development corporation
    20  are hereby authorized to issue bonds or notes in one or more series  for
    21  the  purpose  of  assisting the metropolitan transportation authority in
    22  the financing of transportation facilities  as  defined  in  subdivision
    23  seventeen  of  section  twelve  hundred  sixty-one  of this chapter. The
    24  aggregate principal amount of bonds authorized to be issued pursuant  to
    25  this  section  shall  not  exceed  [one  billion six hundred ninety-four
    26  million dollars $1,694,000,000] two billion seventy-nine  million  eight
    27  hundred  fifty-six  thousand  dollars  $2,079,856,000,  excluding  bonds
    28  issued to fund one or more debt service reserve funds, to pay  costs  of
    29  issuance  of  such bonds, and to refund or otherwise repay such bonds or
    30  notes previously issued. Such bonds and  notes  of  the  authority,  the
    31  dormitory authority and the urban development corporation shall not be a
    32  debt  of the state, and the state shall not be liable thereon, nor shall
    33  they be payable out of any funds other than those  appropriated  by  the
    34  state  to  the authority, the dormitory authority and the urban develop-
    35  ment corporation for principal, interest, and related expenses  pursuant
    36  to a service contract and such bonds and notes shall contain on the face
    37  thereof  a  statement  to  such effect. Except for purposes of complying
    38  with the internal revenue code,  any  interest  income  earned  on  bond
    39  proceeds shall only be used to pay debt service on such bonds.
    40    §  45.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
    41  laws of 1968, constituting the New York state urban  development  corpo-
    42  ration  act,  as  amended by section 42 of part XXX of chapter 59 of the
    43  laws of 2017, is amended to read as follows:
    44    1. Notwithstanding the provisions of any other law  to  the  contrary,
    45  the dormitory authority and the urban development corporation are hereby
    46  authorized to issue bonds or notes in one or more series for the purpose
    47  of  funding  project  costs  undertaken  by  or on behalf of special act
    48  school districts,  state-supported  schools  for  the  blind  and  deaf,
    49  approved private special education schools, non-public schools, communi-
    50  ty  centers,  day care facilities, and other state costs associated with
    51  such capital projects. The aggregate principal amount of  bonds  author-
    52  ized  to be issued pursuant to this section shall not exceed [fifty-five
    53  million dollars] one hundred ten million dollars $110,000,000, excluding
    54  bonds issued to fund one or more debt  service  reserve  funds,  to  pay
    55  costs  of issuance of such bonds, and bonds or notes issued to refund or
    56  otherwise repay such bonds or notes previously issued.  Such  bonds  and

        A. 2005--B                         35
 
     1  notes  of  the dormitory authority and the urban development corporation
     2  shall not be a debt of the state, and the  state  shall  not  be  liable
     3  thereon,  nor  shall  they  be payable out of any funds other than those
     4  appropriated  by  the  state  to  the  dormitory authority and the urban
     5  development corporation for principal, interest,  and  related  expenses
     6  pursuant to a service contract and such bonds and notes shall contain on
     7  the  face  thereof  a  statement to such effect.  Except for purposes of
     8  complying with the internal revenue code, any interest income earned  on
     9  bond proceeds shall only be used to pay debt service on such bonds.
    10    § 46. Intentionally omitted.
    11    §  47.  Subdivision  2  and  paragraph (a) of subdivision 4 of section
    12  1680-q of the public authorities law, as added by section 4 of part B of
    13  chapter 57 of the laws of 2013, are amended to read as follows:
    14    2. The authority may, from and after April first, two  thousand  thir-
    15  teen,  issue dormitory facility revenue bonds in an amount not to exceed
    16  [nine hundred forty-four] one billion three hundred ninety-four  million
    17  dollars.  Notwithstanding any other rule or law, such bonds shall not be
    18  a debt of the state of New York or the state university  nor  shall  the
    19  state or the state university be liable thereon, nor shall they be paya-
    20  ble  out  of  any  funds  other than those of the authority constituting
    21  dormitory facilities revenues. Such amount shall be exclusive  of  bonds
    22  and  notes  issued  to fund any reserve fund or funds, cost of issuance,
    23  original issue premium, and to refund any prior dormitory facility bonds
    24  or any dormitory facility revenue bonds. The  authority  and  the  state
    25  university  are  hereby authorized to enter into agreements relating to,
    26  among other things, the acquisition of property  or  interests  therein,
    27  the construction, reconstruction, rehabilitation, improvement, equipping
    28  and furnishing of dormitory facilities, the operation and maintenance of
    29  dormitory  facilities,  and  the billing, collection and disbursement of
    30  dormitory facilities revenues, the title to  which  has  been  conveyed,
    31  assigned or otherwise transferred to the authority pursuant to paragraph
    32  y  of  subdivision two of section three hundred fifty-five of the educa-
    33  tion law. In no event shall the state  university  have  any  obligation
    34  under the agreement to make payment with respect to, on account of or to
    35  pay  dormitory facilities revenue bonds, and such bonds shall be payable
    36  solely from the dormitory facilities revenues assigned to the  authority
    37  by  the  state university. No debt shall be contracted except to finance
    38  capital works or purposes.  Notwithstanding any other provision of  law,
    39  dormitory  facility  revenues  shall not be deemed to be revenues of the
    40  state. Notwithstanding any other rule or law, the  state  shall  not  be
    41  liable  for  any  payments  on any dormitory facility revenue bonds, and
    42  such bonds shall not be a debt of the state and shall not be payable out
    43  of any funds other than the dormitory facilities  revenues  assigned  to
    44  the authority by the state university.
    45    (a) The dormitory authority, in consultation with the state university
    46  of  New York, shall prepare an annual report due on September thirtieth,
    47  commencing on September  thirtieth,  two  thousand  fourteen,  of  every
    48  calendar  year  relating to the provisions of paragraph y of subdivision
    49  two of section three hundred fifty-five of the education law  [as  added
    50  by  a  chapter  of  the  laws  of two thousand thirteen which added this
    51  section]; subdivision eight of section three hundred fifty-five  of  the
    52  education law [as amended by a chapter of the laws of two thousand thir-
    53  teen  which  added  this  section];  and  this section. The report shall
    54  include, but not be limited  to:  (i)  the  total  dormitory  facilities
    55  revenues  assigned or otherwise transferred from the state university of
    56  New York to the dormitory authority in the prior state university fiscal

        A. 2005--B                         36
 
     1  year and the sum of such transfers made in the five prior fiscal  years;
     2  (ii)  the  sum of monies, if any, transferred to the state university of
     3  New York from the dormitory facilities revenue fund in the  prior  state
     4  university  fiscal year; (iii) a list of any increase in rents, fees and
     5  other  charges  that  relate  to  dormitory  facilities  per  campus  to
     6  students;  (iv) a summary of all costs associated with the construction,
     7  reconstruction,  rehabilitation,  improvement,  equipping,   furnishing,
     8  repair,  maintenance  and  operations  of  dormitory facilities that the
     9  dormitory authority funded with dormitory facilities  revenues  and  the
    10  proceeds  of  dormitory facility revenue bonds; (v) a summary and justi-
    11  fication  of  dormitory  authority  administrative  expenses  and  costs
    12  incurred  related  to  the  dormitory  facilities revenue fund; (vi) the
    13  issuance amounts, debt service costs and savings, if any, of  all  state
    14  university  of New York dormitory bonds issued prior to April first, two
    15  thousand thirteen and refinanced by the dormitory authority with  dormi-
    16  tory facility revenue bonds; (vii) total amount of debt service payments
    17  made  per  year on dormitory facility revenue bonds; and (viii) an esti-
    18  mated date when the dormitory authority will  reach  the  [nine  hundred
    19  forty-four million dollar] cap on dormitory facility revenue bonds.
    20    § 48. Paragraphs b and f of subdivision 3 of section 9 of section 1 of
    21  chapter  359 of the laws of 1968 constituting the facilities development
    22  corporation act, paragraph b as amended by chapter 236 of  the  laws  of
    23  2005  and  paragraph f as amended by chapter 58 of the laws of 1987, are
    24  amended and a new paragraph g is added to read as follows:
    25    b. All monies of the corporation  received  or  accepted  pursuant  to
    26  paragraph  a of this subdivision, other than appropriations and advances
    27  from the state and except as otherwise authorized or  provided  in  this
    28  section,  shall  be  paid to the commissioner of taxation and finance as
    29  agent of the corporation, who shall not commingle such monies  with  any
    30  other  monies.  Such  monies  shall be deposited in two or more separate
    31  bank accounts. One of such accounts, to which shall be credited (i)  all
    32  payments made on or after January 1, 1964, for the care, maintenance and
    33  treatment  of  patients  in  every mental hygiene facility, other than a
    34  community mental health and retardation facility, (ii) all payments made
    35  to the corporation as rentals, lease payments, permit fees or  otherwise
    36  under  any  lease,  sublease  or  agreement undertaken with respect to a
    37  community mental health and retardation facility or a current or  former
    38  mental  hygiene facility, (iii) all payments made to the corporation for
    39  the purchase of real property held by the corporation for the use of the
    40  department, other than payments derived from New York state medical care
    41  facilities finance  agency  financing  or  refinancing  of  the  design,
    42  construction,  acquisition,  reconstruction, rehabilitation, improvement
    43  or renovation of state operated  mental  hygiene  facilities,  (iv)  all
    44  income  from  investments  and (v) all monies received or to be received
    45  for the purposes of such account on a recurring basis, shall be  denomi-
    46  nated  the  "mental hygiene facilities improvement fund income account".
    47  The monies in any account shall be paid out  on  checks  signed  by  the
    48  commissioner  of  taxation and finance on requisition of the chairman of
    49  the corporation or of such other officer  or  employee  or  officers  or
    50  employees  as  the corporation shall authorize to make such requisition.
    51  All deposits of such money shall, if required  by  the  commissioner  of
    52  taxation  and finance or the directors of the corporation, be secured by
    53  obligations of the United States or of the state of a market value equal
    54  at all times to the amount of the deposit and all banks and trust compa-
    55  nies are authorized to give such security for such deposits. Any  moneys
    56  of  the  corporation not required for immediate use or disbursement may,

        A. 2005--B                         37
 
     1  at the discretion of the corporation, be invested by the commissioner of
     2  taxation and finance in accordance with the provisions of  section  98-a
     3  of the state finance law. [When the corporation is no longer required to
     4  make  any rental payments under any lease, sublease or agreement entered
     5  into with the state housing finance agency in effect as of the effective
     6  date of this  amendment  to  this  paragraph,  all  monies  received  or
     7  accepted  pursuant to paragraph a of this subdivision, other than appro-
     8  priations and advances from the state and except as otherwise authorized
     9  or provided in this section, shall be deposited into the  mental  health
    10  services  fund established by section 97-f of the state finance law. Any
    11  monies remaining in  the  mental  hygiene  facilities  improvement  fund
    12  income  account  and  in  any rental reserve account created pursuant to
    13  paragraph c of subdivision 4 of this section, when such lease,  sublease
    14  or  agreement  is  no  longer in effect shall be deposited in the mental
    15  health services fund.] The mental hygiene  facilities  improvement  fund
    16  and  the  income  account therein shall remain in existence until termi-
    17  nated by the corporation by written notice to the commissioner of  taxa-
    18  tion and finance. Any moneys on deposit in the mental hygiene facilities
    19  improvement  fund  or the income account therein upon the termination of
    20  said fund and account shall be transferred by the commissioner of  taxa-
    21  tion  and  finance  to  the mental health services fund. The corporation
    22  shall not terminate the mental hygiene facilities improvement  fund  and
    23  the  income  account therein until all mental health services facilities
    24  bonds issued pursuant to: (i) the New York state medical care facilities
    25  finance agency act; (ii) article five-c of the state  finance  law;  and
    26  (iii)  article  five-f  of  the  state  finance law and payable from the
    27  income account as described in paragraph g of this  subdivision  are  no
    28  longer outstanding.
    29    f. The directors of the corporation shall from time to time, but in no
    30  event later than the fifteenth day of each month pay over to the commis-
    31  sioner  of taxation and finance and the state comptroller for deposit in
    32  the mental health services fund, all monies of the corporation in excess
    33  of the aggregate amount of money required to be maintained on deposit in
    34  the mental hygiene facilities improvement fund income  account  pursuant
    35  to  [paragraph]  paragraphs e and g of this subdivision. Prior to making
    36  any such payment, the chairman of the corporation shall,  on  behalf  of
    37  the  directors, make and deliver to the governor and the director of the
    38  budget his certificate stating the aggregate amount to be maintained  on
    39  deposit in the mental hygiene facilities improvement fund income account
    40  to  comply in full with the provisions of [paragraph e] paragraphs e and
    41  g of this subdivision.
    42    g. (1) In addition to the amount required to be  maintained  by  para-
    43  graph e of this subdivision, there shall be accumulated and set aside in
    44  each  month  in  the  mental  hygiene facilities improvement fund income
    45  account, all receipts associated with loans, leases and other agreements
    46  with voluntary agencies. The corporation shall  provide  the  amount  of
    47  such  receipts  to  be  set  aside  to  the commissioner of taxation and
    48  finance in each month.  (2) No later than five days prior to the earlier
    49  of when payment is to be made on bonds issued for mental health services
    50  facilities purposes pursuant to: (i) the New  York  state  medical  care
    51  facilities  finance agency act; (ii) article five-C of the state finance
    52  law; and (iii) article five-F of the state finance law,  such  set-aside
    53  receipts  shall  be  transferred  by  the  commissioner  of taxation and
    54  finance as agent of the corporation from the mental  hygiene  facilities
    55  improvement  fund  income  account in the amounts set forth in schedules
    56  provided by the corporation to the commissioner of taxation and  finance

        A. 2005--B                         38
 
     1  in  the  following  priority: first, to the trustee appointed by the New
     2  York state medical care facilities finance agency for the  bonds  issued
     3  pursuant  to  the  New York state medical care facilities finance agency
     4  act for both voluntary agency and state purposes to pay debt service and
     5  other  cash requirements due on such bonds on the relevant payment date,
     6  second, any remaining amount of such set-aside receipts to  the  trustee
     7  appointed by authorized issuers for the bonds issued pursuant to article
     8  five-C  of  the  state  finance  law  to pay debt service and other cash
     9  requirements due on such bonds on the relevant payment date  and  third,
    10  any  remaining  amount  of  such  set-aside  to the trustee appointed by
    11  authorized issuers for the bonds issued pursuant to  article  five-F  of
    12  the  state  finance  law to pay debt service and other cash requirements
    13  due on such bonds on the relevant payment date.
    14    § 49. Subdivisions 5 and 8 of section 97-f of the state  finance  law,
    15  subdivision  5 as amended by section 15 of part BBB of chapter 59 of the
    16  laws of 2018 and subdivision 8 as amended by section 59 of  part  HH  of
    17  chapter  57  of the laws of 2013, are amended and a new subdivision 9 is
    18  added to read as follows:
    19    5. The comptroller shall from time to time, but in no event later than
    20  the fifteenth day of each month, pay over  for  deposit  in  the  mental
    21  hygiene  general  fund state operations account all moneys in the mental
    22  health services fund in excess of the amount of  money  required  to  be
    23  maintained  on deposit in the mental health services fund. [The] Subject
    24  to subdivision nine of this section, the amount  required  to  be  main-
    25  tained  in  such  fund  shall be (i) twenty percent of the amount of the
    26  next payment coming due relating to the mental health  services  facili-
    27  ties  improvement  program  under  any  agreement between the facilities
    28  development corporation and the New York state medical  care  facilities
    29  finance  agency  multiplied by the number of months from the date of the
    30  last such payment with respect to  payments  under  any  such  agreement
    31  required  to be made semi-annually, plus (ii) those amounts specified in
    32  any such agreement with respect to payments required to  be  made  other
    33  than  semi-annually,  including  for  variable rate bonds, interest rate
    34  exchange or similar agreements or other financing arrangements permitted
    35  by law.  [Prior to making any such payment, the comptroller  shall  make
    36  and deliver to the director of the budget and the chairmen of the facil-
    37  ities development corporation and the New York state medical care facil-
    38  ities  finance  agency, a certificate stating the aggregate amount to be
    39  maintained on deposit in the mental health services fund  to  comply  in
    40  full  with  the  provisions  of this subdivision.] Concurrently with the
    41  making of any such payment, the facilities development corporation shall
    42  deliver to the comptroller, the director of the budget and the New  York
    43  state  medical  care facilities finance agency a certificate stating the
    44  aggregate amount to be  maintained  on  deposit  in  the  mental  health
    45  services fund to comply in full with the provisions of this subdivision.
    46    8.  In addition to the amounts required to be maintained on deposit in
    47  the mental health services fund pursuant to  subdivision  five  of  this
    48  section  and subject to subdivision nine of this section, the fund shall
    49  maintain on deposit an amount equal to the debt service and  other  cash
    50  requirements  on  mental  health  services  facilities  bonds  issued by
    51  authorized issuers pursuant to sections sixty-eight-b  and  sixty-nine-n
    52  of this chapter. The amount required to be maintained in such fund shall
    53  be  (i)  twenty  percent  of  the  amount of the next payment coming due
    54  relating to mental health services facilities bonds issued by an author-
    55  ized issuer multiplied by the number of months from the date of the last
    56  such payment with respect to payments required to be made semi-annually,

        A. 2005--B                         39
 
     1  plus (ii) those amounts specified in any financing agreement between the
     2  issuer and the state, acting through the director of  the  budget,  with
     3  respect  to  payments  required  to  be  made  other than semi-annually,
     4  including  for  variable  rate  bonds, interest rate exchange or similar
     5  agreements or other financing arrangements permitted by law.  [Prior  to
     6  making  any  such payment, the comptroller shall make and deliver to the
     7  director of the budget and the chairmen of  the  facilities  development
     8  corporation and the New York state medical care facilities finance agen-
     9  cy,  a  certificate  stating  the  aggregate  amount to be maintained on
    10  deposit in the mental health services fund to comply in  full  with  the
    11  provisions  of  this  subdivision.]  Concurrently with the making of any
    12  such payment, the facilities development corporation  shall  deliver  to
    13  the  comptroller,  the  director  of  the  budget and the New York state
    14  medical care facilities finance agency a certificate stating the  aggre-
    15  gate  amount  to  be maintained on deposit in the mental health services
    16  fund to comply in full with the provisions of this subdivision.
    17    No later than five days prior to the payment to be made by  the  state
    18  comptroller  on such mental health services facilities bonds pursuant to
    19  sections ninety-two-z and ninety-two-h of this article,  the  amount  of
    20  such  payment  shall  be  transferred  by the state comptroller from the
    21  mental health services fund to the revenue bond tax fund established  by
    22  section ninety-two-z of this article and the sales tax revenue bond fund
    23  established by section ninety-two-h of this article. The accumulation of
    24  moneys  pursuant  to  this  subdivision  and  subsequent transfer to the
    25  revenue bond tax fund and the sales  tax  revenue  bond  fund  shall  be
    26  subordinate in all respects to payments to be made to the New York state
    27  medical  care  facilities finance agency and to any pledge or assignment
    28  pursuant to subdivision six of this section.
    29    9. In determining the amounts required to be maintained in the  mental
    30  health  services  fund under subdivisions five and eight of this section
    31  in each month, the amount of receipts associated with loans, leases  and
    32  other  agreements  with  voluntary agencies accumulated and set aside in
    33  the mental hygiene facilities  improvement  fund  income  account  under
    34  paragraph  g  of  subdivision  three  of  section nine of the facilities
    35  development corporation act shall be taken into account as a credit  but
    36  only  if  such  crediting  does not result in the amounts required to be
    37  maintained in the mental health services fund exclusive of any credit to
    38  be less than the amount required under subdivision five of this  section
    39  in each month.
    40    § 49-a. Intentionally omitted.
    41    §  50.  This  act shall take effect immediately and shall be deemed to
    42  have been in full force and effect on and after April 1, 2019; provided,
    43  however, that the provisions of sections one, one-a, one-b, two,  three,
    44  four,  five,  six,  seven,  eight, thirteen, fourteen, fifteen, sixteen,
    45  seventeen, eighteen, nineteen and twenty-two of this  act  shall  expire
    46  March 31, 2020 when upon such date the provisions of such sections shall
    47  be deemed repealed.
 
    48                                   PART L
 
    49    Section  1.  Section  4 of chapter 22 of the laws of 2014, relating to
    50  expanding  opportunities  for  service-disabled  veteran-owned  business
    51  enterprises, is amended to read as follows:
    52    §  4.  This act shall take effect immediately; provided, however, that
    53  sections one, one-a and two of this  act  shall  expire  and  be  deemed
    54  repealed March 31, [2019] 2024; and provided, further, however, that the

        A. 2005--B                         40
 
     1  amendments  to subdivisions 7 and 15 of section 310 of the executive law
     2  made by section three of this act shall not  affect  the  expiration  of
     3  such section and shall be deemed to expire therewith.
     4    §  2.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2019.
 
     6                                   PART M
 
     7                            Intentionally Omitted
 
     8                                   PART N
 
     9                            Intentionally Omitted

    10                                   PART O
 
    11    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    12  correction  law  relating to the psychological testing of candidates, as
    13  amended by section 1 of part A of chapter 55 of the  laws  of  2017,  is
    14  amended to read as follows:
    15    § 2. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law and shall remain in effect until September 1,
    17  [2019] 2021.
    18    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    19  tive  law  and  the  criminal  procedure  law  relating to expanding the
    20  geographic area of employment of certain police officers, as amended  by
    21  section  2  of  part  A of chapter 55 of the laws of 2017, is amended to
    22  read as follows:
    23    § 3. This act shall take effect on the  first  day  of  November  next
    24  succeeding  the  date  on  which  it  shall have become a law, and shall
    25  remain in effect until the first day of September, [2019] 2021, when  it
    26  shall expire and be deemed repealed.
    27    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    28  correction law and the penal  law  relating  to  prisoner  furloughs  in
    29  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    30  section 3 of part A of chapter 55 of the laws of  2017,  is  amended  to
    31  read as follows:
    32    §  3.  This act shall take effect 60 days after it shall have become a
    33  law and shall remain in effect until September 1, [2019] 2021.
    34    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    35  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    36  other  chapters and laws relating to correctional facilities, as amended
    37  by section 4 of part A of chapter 55 of the laws of 2017, is amended  to
    38  read as follows:
    39    § 20. This act shall take effect immediately except that section thir-
    40  teen  of  this  act shall expire and be of no further force or effect on
    41  and after September 1, [2019]  2021  and  shall  not  apply  to  persons
    42  committed to the custody of the department after such date, and provided
    43  further  that  the commissioner of corrections and community supervision
    44  shall report each January first and July first during such time  as  the
    45  earned  eligibility  program is in effect, to the chairmen of the senate
    46  crime victims, crime and correction committee, the senate codes  commit-
    47  tee,  the  assembly correction committee, and the assembly codes commit-
    48  tee, the standards in effect for earned  eligibility  during  the  prior
    49  six-month  period,  the  number  of inmates subject to the provisions of
    50  earned eligibility, the number who  actually  received  certificates  of

        A. 2005--B                         41
 
     1  earned  eligibility  during  that  period of time, the number of inmates
     2  with certificates who are granted parole upon their first  consideration
     3  for  parole,  the  number  with  certificates who are denied parole upon
     4  their  first  consideration,  and  the number of individuals granted and
     5  denied parole who did not have earned eligibility certificates.
     6    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
     7  amending the tax law and other laws relating to taxes, surcharges,  fees
     8  and funding, as amended by section 5 of part A of chapter 55 of the laws
     9  of 2017, is amended to read as follows:
    10    (q)  the  provisions  of  section  two hundred eighty-four of this act
    11  shall remain in effect until September 1, [2019] 2021 and be  applicable
    12  to all persons entering the program on or before August 31, [2019] 2021.
    13    §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
    14  correction law and the  penal  law  relating  to  inmate  work  release,
    15  furlough  and  leave, as amended by section 6 of part A of chapter 55 of
    16  the laws of 2017, is amended to read as follows:
    17    § 10. This act shall take effect 30 days after it shall have become  a
    18  law  and  shall  remain  in  effect  until September 1, [2019] 2021, and
    19  provided further that the commissioner of  correctional  services  shall
    20  report each January first, and July first, to the chairman of the senate
    21  crime  victims, crime and correction committee, the senate codes commit-
    22  tee, the assembly correction committee, and the assembly  codes  commit-
    23  tee,  the  number of eligible inmates in each facility under the custody
    24  and control of the commissioner who have applied  for  participation  in
    25  any  program  offered under the provisions of work release, furlough, or
    26  leave, and the number of such inmates who have been approved for partic-
    27  ipation.
    28    § 7. Subdivision (c) of section 46 of chapter 60 of the laws  of  1994
    29  relating  to certain provisions which impact upon expenditure of certain
    30  appropriations made by chapter 50 of the laws of 1994 enacting the state
    31  operations budget, as amended by section 7 of part A of  chapter  55  of
    32  the laws of 2017, is amended to read as follows:
    33    (c)  sections forty-one and forty-two of this act shall expire Septem-
    34  ber 1, [2019] 2021; provided, that the provisions of  section  forty-two
    35  of  this act shall apply to inmates entering the work release program on
    36  or after such effective date; and
    37    § 8. Subdivision h of section 74 of chapter 3 of  the  laws  of  1995,
    38  amending the correction law and other laws relating to the incarceration
    39  fee,  as  amended  by  section  8 of part A of chapter 55 of the laws of
    40  2017, is amended to read as follows:
    41    h. Section fifty-two of this act shall be deemed to have been in  full
    42  force and effect on and after April 1, 1995; provided, however, that the
    43  provisions  of  section 189 of the correction law, as amended by section
    44  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
    45  as amended by section fifty-six of this act, and section fifty-seven  of
    46  this  act shall expire September 1, [2019] 2021, when upon such date the
    47  amendments to the correction law and penal law made by  sections  fifty-
    48  five  and  fifty-six  of  this act shall revert to and be read as if the
    49  provisions of this act had not been  enacted;  provided,  however,  that
    50  sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
    51  deemed to have been in full force and effect on and after March 1,  1995
    52  and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
    53  provisions of subsection (e) of section 9110 of the  insurance  law  and
    54  subdivision  2  of section 89-d of the state finance law shall revert to
    55  and be read as set out in law on  the  date  immediately  preceding  the
    56  effective date of sections sixty-two and sixty-three of this act;

        A. 2005--B                         42
 
     1    §  9.  Subdivision (c) of section 49 of subpart A of part C of chapter
     2  62 of the laws of 2011 amending the correction law and the executive law
     3  relating to merging the department of correctional services and division
     4  of parole into the department of corrections and community  supervision,
     5  as  amended by section 9 of part A of chapter 55 of the laws of 2017, is
     6  amended to read as follows:
     7    (c) that the amendments  to  subdivision  9  of  section  201  of  the
     8  correction  law  as added by section thirty-two of this act shall remain
     9  in effect until September 1, [2019] 2021, when it shall  expire  and  be
    10  deemed repealed;
    11    §  10.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
    12  1992, amending the tax law and other laws relating to taxes, surcharges,
    13  fees and funding, as amended by section 10 of part A of  chapter  55  of
    14  the laws of 2017, is amended to read as follows:
    15    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
    16  hundred eighty-three and three hundred eighty-four  of  this  act  shall
    17  expire on September 1, [2019] 2021;
    18    §  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
    19  correction law, the New York city criminal court act and  the  executive
    20  law  relating  to  prison and jail housing and alternatives to detention
    21  and incarceration programs, as amended by section 11 of part A of  chap-
    22  ter 55 of the laws of 2017, is amended to read as follows:
    23    §  12.  This  act  shall  take  effect  immediately,  except  that the
    24  provisions of sections one through ten of this act shall remain in  full
    25  force  and  effect  until  September  1, [2019] 2021 on which date those
    26  provisions shall be deemed to be repealed.
    27    § 12. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
    28  1991,  amending the tax law and other laws relating to taxes, as amended
    29  by section 12 of part A of chapter 55 of the laws of 2017, is amended to
    30  read as follows:
    31    (p) The amendments to section 1809 of the vehicle and traffic law made
    32  by sections three hundred thirty-seven and three hundred thirty-eight of
    33  this act shall not apply to any offense committed prior to  such  effec-
    34  tive  date;  provided,  further, that section three hundred forty-one of
    35  this act shall take effect immediately and shall expire November 1, 1993
    36  at which time it  shall  be  deemed  repealed;  sections  three  hundred
    37  forty-five  and  three  hundred  forty-six of this act shall take effect
    38  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
    39  six,  three hundred fifty-seven and three hundred fifty-nine of this act
    40  shall take effect immediately and shall expire June 30, 1995  and  shall
    41  revert to and be read as if this act had not been enacted; section three
    42  hundred  fifty-eight of this act shall take effect immediately and shall
    43  expire June 30, 1998 and shall revert to and be read as if this act  had
    44  not been enacted; section three hundred sixty-four through three hundred
    45  sixty-seven  of  this  act  shall apply to claims filed on or after such
    46  effective date; sections three hundred sixty-nine, three hundred  seven-
    47  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    48  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    49  remain  in  effect  until  September  1, [2019] 2021, at which time they
    50  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    51  surcharge  provided  in  section  three hundred seventy-four of this act
    52  shall apply to parking violations occurring on or after  said  effective
    53  date;  and  provided  further that the amendments made to section 235 of
    54  the vehicle and traffic law by section three hundred seventy-two of this
    55  act, the amendments made to section 1809 of the vehicle and traffic  law
    56  by sections three hundred thirty-seven and three hundred thirty-eight of

        A. 2005--B                         43
 
     1  this  act  and  the amendments made to section 215-a of the labor law by
     2  section three hundred seventy-five of this act shall expire on September
     3  1, [2019] 2021 and upon such date the provisions  of  such  subdivisions
     4  and  sections  shall  revert to and be read as if the provisions of this
     5  act had not been enacted; the amendments to  subdivisions  2  and  3  of
     6  section  400.05 of the penal law made by sections three hundred seventy-
     7  seven and three hundred seventy-eight of this act shall expire  on  July
     8  1,  1992  and  upon  such date the provisions of such subdivisions shall
     9  revert and shall be read as if the provisions of this act had  not  been
    10  enacted;  the  state board of law examiners shall take such action as is
    11  necessary to assure that all applicants for examination for admission to
    12  practice as an attorney and counsellor at law shall  pay  the  increased
    13  examination fee provided for by the amendment made to section 465 of the
    14  judiciary  law by section three hundred eighty of this act for any exam-
    15  ination given on or after the effective date of this act notwithstanding
    16  that an applicant for such examination may have prepaid a lesser fee for
    17  such examination as required by the provisions of such section 465 as of
    18  the date prior to the effective date of  this  act;  the  provisions  of
    19  section  306-a  of  the civil practice law and rules as added by section
    20  three hundred eighty-one of this act shall apply to all actions  pending
    21  on  or  commenced on or after September 1, 1991, provided, however, that
    22  for the purposes of this section service of such summons made  prior  to
    23  such  date  shall be deemed to have been completed on September 1, 1991;
    24  the provisions of section three hundred eighty-three of this  act  shall
    25  apply  to  all  money  deposited  in  connection  with  a cash bail or a
    26  partially secured bail bond on or after such  effective  date;  and  the
    27  provisions  of  sections  three  hundred  eighty-four  and three hundred
    28  eighty-five of this act shall  apply  only  to  jury  service  commenced
    29  during  a judicial term beginning on or after the effective date of this
    30  act; provided, however, that nothing contained herein shall be deemed to
    31  affect the application,  qualification,  expiration  or  repeal  of  any
    32  provision  of law amended by any section of this act and such provisions
    33  shall be applied or qualified or shall expire or be deemed  repealed  in
    34  the same manner, to the same extent and on the same date as the case may
    35  be as otherwise provided by law;
    36    § 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    37  amended  by  section  13 of part A of chapter 55 of the laws of 2017, is
    38  amended to read as follows:
    39    8. The provisions of this section shall only apply to offenses commit-
    40  ted on or before September first, two thousand [nineteen] twenty-one.
    41    § 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    42  cle and traffic law relating to the ignition interlock  device  program,
    43  as amended by section 14 of part A of chapter 55 of the laws of 2017, is
    44  amended to read as follows:
    45    §  6.  This  act  shall  take  effect  on  the first day of April next
    46  succeeding the date on which it  shall  have  become  a  law;  provided,
    47  however,  that  effective immediately, the addition, amendment or repeal
    48  of any rule or regulation necessary for the implementation of the  fore-
    49  going  sections  of  this  act on their effective date is authorized and
    50  directed to be made and completed on or before such effective  date  and
    51  shall  remain in full force and effect until the first day of September,
    52  [2019] 2021 when upon such date the provisions  of  this  act  shall  be
    53  deemed repealed.
    54    § 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    55  laws of 1997, amending the military law and other laws relating to vari-

        A. 2005--B                         44
 
     1  ous  provisions, as amended by section 15 of part A of chapter 55 of the
     2  laws of 2017, is amended to read as follows:
     3    a.  sections  forty-three  through forty-five of this act shall expire
     4  and be deemed repealed on September 1, [2019] 2021;
     5    § 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
     6  the civil practice law and rules and the court of claims act relating to
     7  prisoner litigation reform, as amended by section 16 of part A of  chap-
     8  ter 55 of the laws of 2017, is amended to read as follows:
     9    §  4. This act shall take effect 120 days after it shall have become a
    10  law and shall remain in full force and effect until September 1,  [2019]
    11  2021, when upon such date it shall expire.
    12    §  17. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
    13  constituting the family protection and  domestic  violence  intervention
    14  act  of  1994,  as  amended by section 17 of part A of chapter 55 of the
    15  laws of 2017, is amended to read as follows:
    16    2. Subdivision 4 of section 140.10 of the criminal  procedure  law  as
    17  added  by  section  thirty-two  of this act shall take effect January 1,
    18  1996 and shall expire and be deemed  repealed  on  September  1,  [2019]
    19  2021.
    20    § 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    21  inal  procedure law relating to the use of closed-circuit television and
    22  other protective measures for certain child  witnesses,  as  amended  by
    23  section  18  of  part A of chapter 55 of the laws of 2017, is amended to
    24  read as follows:
    25    § 5. This act shall take effect immediately and  shall  apply  to  all
    26  criminal  actions  and proceedings commenced prior to the effective date
    27  of this act but still pending on such  date  as  well  as  all  criminal
    28  actions  and  proceedings  commenced on or after such effective date and
    29  its provisions shall expire on  September 1, [2019] 2021, when upon such
    30  date the provisions of this act shall be deemed repealed.
    31    § 19. Subdivision d of section 74 of chapter 3 of the  laws  of  1995,
    32  enacting  the sentencing reform act of 1995, as amended by section 19 of
    33  part A of chapter 55 of the laws of 2017, is amended to read as follows:
    34    d. Sections one-a through twenty,  twenty-four  through  twenty-eight,
    35  thirty  through  thirty-nine, forty-two and forty-four of this act shall
    36  be deemed repealed on September 1, [2019] 2021;
    37    § 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
    38  nal procedure law relating to electronic  court  appearance  in  certain
    39  counties,  as  amended by section 20 of part A of chapter 55 of the laws
    40  of 2017, is amended to read as follows:
    41    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    42  provisions  of  this  act shall be deemed to have been in full force and
    43  effect since July 1, 1992 and the provisions of this  act  shall  expire
    44  September  1, [2019] 2021 when upon such date the provisions of this act
    45  shall be deemed repealed.
    46    § 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    47  utive law relating to enacting the interstate compact for adult offender
    48  supervision, as amended by section 21 of part A of  chapter  55  of  the
    49  laws of 2017, is amended to read as follows:
    50    §  3.  This act shall take effect immediately, except that section one
    51  of this act shall take effect on the first of  January  next  succeeding
    52  the date on which it shall have become a law, and shall remain in effect
    53  until  the  first  of  September,  [2019] 2021, upon which date this act
    54  shall be deemed repealed and have no further force and effect;  provided
    55  that  section one of this act shall only take effect with respect to any
    56  compacting state  which  has  enacted  an  interstate  compact  entitled

        A. 2005--B                         45
 
     1  "Interstate  compact for adult offender supervision" and having an iden-
     2  tical effect to that added by section  one  of  this  act  and  provided
     3  further  that with respect to any such compacting state, upon the effec-
     4  tive date of section one of this act, section 259-m of the executive law
     5  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
     6  added by section one of  this  act,  shall  take  effect;  and  provided
     7  further  that  with respect to any state which has not enacted an inter-
     8  state compact entitled "Interstate compact  for  adult  offender  super-
     9  vision"  and  having an identical effect to that added by section one of
    10  this act, section 259-m of the executive law shall take effect  and  the
    11  provisions  of  section one of this act, with respect to any such state,
    12  shall have no force or effect until such time as such state shall  adopt
    13  an  interstate  compact  entitled "Interstate compact for adult offender
    14  supervision" and having an identical effect to that added by section one
    15  of this act in which case, with respect to such state,  effective  imme-
    16  diately,  section  259-m  of  the  executive  law is deemed repealed and
    17  section 259-mm of the executive law, as added by  section  one  of  this
    18  act, shall take effect.
    19    §  22. Section 8 of part H of chapter 56 of the laws of 2009, amending
    20  the correction law relating to limiting the closing of  certain  correc-
    21  tional  facilities,  providing  for  the  custody  by  the department of
    22  correctional services of inmates serving definite  sentences,  providing
    23  for  custody  of  federal prisoners and requiring the closing of certain
    24  correctional facilities, as amended by section 22 of part A  of  chapter
    25  55 of the laws of 2017, is amended to read as follows:
    26    §  8.  This  act shall take effect immediately; provided, however that
    27  sections five and six of this act shall expire and  be  deemed  repealed
    28  September 1, [2019] 2021.
    29    §  23. Section 3 of part C of chapter 152 of the laws of 2001 amending
    30  the military law relating to military funds of the organized militia, as
    31  amended by section 3 of part O of chapter 55 of the  laws  of  2018,  is
    32  amended to read as follows:
    33    § 3. This act shall take effect immediately; provided however that the
    34  amendments  made  to subdivision 1 of section 221 of the military law by
    35  section two of this act shall expire and be deemed repealed September 1,
    36  [2019] 2021.
    37    § 24. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
    38  correction  law  and  the  penal law relating to providing for community
    39  treatment facilities and establishing the crime of absconding  from  the
    40  community  treatment  facility,  as  amended  by section 24 of part A of
    41  chapter 55 of the laws of 2017, is amended to read as follows:
    42    § 5. This act shall take effect immediately and shall remain  in  full
    43  force  and  effect  until September 1, [2019] 2021, and provided further
    44  that the commissioner of correctional services shall report each January
    45  first and July first during such time as this legislation is in  effect,
    46  to  the  chairmen  of  the  senate  crime  victims, crime and correction
    47  committee, the senate codes committee, the assembly  correction  commit-
    48  tee, and the assembly codes committee, the number of individuals who are
    49  released to community treatment facilities during the previous six-month
    50  period,  including  the  total number for each date at each facility who
    51  are not residing within the facility, but who are required to report  to
    52  the facility on a daily or less frequent basis.
    53    §  25. Section 2 of part F of chapter 55 of the laws of 2018, amending
    54  the criminal procedure law relating to pre-criminal  proceeding  settle-
    55  ments in the city of New York, is amended to read as follows:

        A. 2005--B                         46
 
     1    §  2.  This act shall take effect immediately and shall remain in full
     2  force and effect until March 31, [2019] 2021, when it shall  expire  and
     3  be deemed repealed.
     4    §  26.  This  act shall take effect immediately, provided however that
     5  section twenty-five of this act shall be deemed to  have  been  in  full
     6  force and effect on and after March 31, 2019.
 
     7                                   PART P
 
     8                            Intentionally Omitted
 
     9                                   PART Q

    10                            Intentionally Omitted
 
    11                                   PART R
 
    12                            Intentionally Omitted
 
    13                                   PART S
 
    14                            Intentionally Omitted
 
    15                                   PART T
 
    16                            Intentionally Omitted
 
    17                                   PART U
 
    18                            Intentionally Omitted
 
    19                                   PART V
 
    20                            Intentionally Omitted
 
    21                                   PART W
 
    22                            Intentionally Omitted
 
    23                                   PART X
 
    24                            Intentionally Omitted
 
    25                                   PART Y
 
    26                            Intentionally Omitted
 
    27                                   PART Z

    28                            Intentionally Omitted
 
    29                                   PART AA
 
    30                            Intentionally Omitted
 
    31                                   PART BB

        A. 2005--B                         47
 
     1                            Intentionally Omitted
 
     2                                   PART CC
 
     3                            Intentionally Omitted
 
     4                                   PART DD
 
     5    Section  1.  Section  14  of  part J of chapter 62 of the laws of 2003
     6  amending the county law and other laws relating to  fees  collected,  as
     7  amended  by  section  7  of part K of chapter 56 of the laws of 2010, is
     8  amended to read as follows:
     9    § 14. Notwithstanding the provisions of any other  law:  (a)  the  fee
    10  collected  by  the  office  of court administration for the provision of
    11  criminal history searches and other searches  for  data  kept  electron-
    12  ically  by  the  unified  court system shall be [sixty-five] one hundred
    13  dollars; (b) [thirty-five] seventy dollars of each  such  fee  collected
    14  shall  be  deposited  in the indigent legal services fund established by
    15  section 98-b of the state finance law, as added  by  section  twelve  of
    16  this act, (c) nine dollars of each such fee collected shall be deposited
    17  in the legal services assistance fund established by section 98-c of the
    18  state finance law, as added by section nineteen of this act, (d) sixteen
    19  dollars  of  each such fee collected shall be deposited to the judiciary
    20  data processing offset fund established by section  94-b  of  the  state
    21  finance  law,  and  (e)  the remainder shall be deposited in the general
    22  fund.
    23    § 2. This act shall take effect immediately.
 
    24                                   PART EE
 
    25                            Intentionally Omitted
 
    26                                   PART FF
 
    27                            Intentionally Omitted
 
    28                                   PART GG
 
    29    Section 1. Subdivisions 3 and 5 of section 97-g of the  state  finance
    30  law,  subdivision 3 as amended by section 62 of part HH of chapter 57 of
    31  the laws of 2013 and subdivision 5 as amended by section 1 of subpart  A
    32  of  part  C  of  chapter  97 of the laws of 2011, are amended to read as
    33  follows:
    34    3. Moneys of the fund shall be available to the commissioner of gener-
    35  al services for the purchase of food, supplies and equipment  for  state
    36  agencies,  and  for  the  purpose of furnishing or providing centralized
    37  services to or for state agencies; provided  further  that  such  moneys
    38  shall  be available to the commissioner of general services for purposes
    39  pursuant to items (d) and (f) of subdivision four of this section to  or
    40  for  political  subdivisions,  public  authorities,  and  public benefit
    41  corporations. Beginning the first day of April, two thousand two, moneys
    42  in such fund shall also be transferred by the state comptroller  to  the
    43  revenue  bond  tax  fund  account  of  the  general debt service fund in
    44  amounts equal to those required for payments to authorized  issuers  for
    45  revenue  bonds  issued  pursuant to article five-C and article five-F of
    46  this  chapter  for  the  purpose  of  lease  purchases  and  installment

        A. 2005--B                         48
 
     1  purchases by or for state agencies and institutions for personal or real
     2  property purposes.
     3    5.  The  amount  expended from such fund for the above-stated purposes
     4  shall be charged  against  the  agency  [or],  political  [subdivisions]
     5  subdivision,  public  authority  or  public  benefit  corporation  above
     6  receiving such food, supplies, equipment and services and  all  payments
     7  received therefor shall be credited to such fund.
     8    §  2. Section 3 of chapter 410 of the laws of 2009, amending the state
     9  finance law relating to authorizing the aggregate  purchases  of  energy
    10  for  state agencies, institutions, local governments, public authorities
    11  and public benefit corporations, as amended by section 1 of  part  G  of
    12  chapter 55 of the laws of 2014, is amended to read as follows:
    13    §  3.  This  act shall take effect immediately and shall expire and be
    14  deemed repealed July 31, [2019] 2024.
    15    § 3. Section 9 of subpart A of part C of chapter 97  of  the  laws  of
    16  2011,  amending the state finance law and other laws relating to provid-
    17  ing certain centralized service to political subdivisions and  extending
    18  the  authority  of  the  commissioner  of  general services to aggregate
    19  purchases of energy for state agencies and  political  subdivisions,  as
    20  amended  by  section  2  of part G of chapter 55 of the laws of 2014, is
    21  amended to read as follows:
    22    § 9. This act shall take effect immediately, provided, however that:
    23    1. sections [one,] four, five, six and seven of this act shall  expire
    24  and be deemed repealed July 31, [2019] 2024;
    25    2.  the  amendments  to  subdivision  4  of  section 97-g of the state
    26  finance law made by section two of this act shall survive the expiration
    27  and reversion of such subdivision as provided in section  3  of  chapter
    28  410 of the laws of 2009, as amended;
    29    3.  sections  four, five, six and seven of this act shall apply to any
    30  contract let or awarded on or after such effective date.
    31    § 4. This act shall take effect immediately.
 
    32                                   PART HH
 
    33    Section 1. Subdivision 2 of section 9 of the public buildings law,  as
    34  amended  by  section  2  of part M of chapter 55 of the laws of 2015, is
    35  amended to read as follows:
    36    2. Notwithstanding any other provision of this law or any  general  or
    37  special  law,  where  there  is  a construction emergency, as defined by
    38  subdivision one of this section, the commissioner  of  general  services
    39  may,  upon written notice of such construction emergency from an author-
    40  ized officer of the department or  agency  having  jurisdiction  of  the
    41  property,  let  emergency  contracts  for public work or the purchase of
    42  supplies, materials or equipment without complying with  formal  compet-
    43  itive  bidding  requirements,  provided that all such contracts shall be
    44  subject to the approval of the attorney general and the comptroller  and
    45  that  no such contract shall exceed [six] nine hundred thousand dollars.
    46  Such emergency contracts shall be let only for work necessary to  remedy
    47  or ameliorate a construction emergency.
    48    § 2. Section 3 of chapter 674 of the laws of 1993, amending the public
    49  buildings  law relating to value limitations on contracts, as amended by
    50  section 1 of part L of chapter 55 of the laws of  2017,  is  amended  to
    51  read as follows:
    52    §  3.  This act shall take effect immediately and shall remain in full
    53  force and effect only until June 30, [2019] 2023.

        A. 2005--B                         49
 
     1    § 3. This act shall take effect immediately; provided,  however,  that
     2  the  amendment to subdivision 2 of section 9 of the public buildings law
     3  made by section one of this act shall not affect the expiration of  such
     4  subdivision and shall be deemed to expire therewith.
 
     5                                   PART II
 
     6                            Intentionally Omitted
 
     7                                   PART JJ
 
     8                            Intentionally Omitted
 
     9                                   PART KK
 
    10                            Intentionally Omitted
 
    11                                   PART LL
 
    12                            Intentionally Omitted
 
    13                                   PART MM

    14                            Intentionally Omitted
 
    15                                   PART NN
 
    16                            Intentionally Omitted
 
    17                                   PART OO
 
    18                            Intentionally Omitted
 
    19                                   PART PP
 
    20                            Intentionally Omitted
 
    21                                   PART QQ
 
    22                            Intentionally Omitted
 
    23                                   PART RR
 
    24                            Intentionally Omitted
 
    25                                   PART SS
 
    26    Section  1.  Subdivision (a) of section 8019 of the civil practice law
    27  and rules, as amended by chapter 773 of the laws of 1965, is amended  to
    28  read as follows:
    29    (a)  Application. The fees of a county clerk specified in this article
    30  shall supersede the fees allowed by  any  other  statute  for  the  same
    31  services, except in so far as the administrative code of the city of New
    32  York  sets forth different fees for the city register of the city of New
    33  York and the county clerk of Richmond, and except that such fees do  not
    34  include  the  block  fees as set out in the Nassau county administrative

        A. 2005--B                         50
 
     1  code or the tax map number verification fees  on  instruments  presented
     2  for  recording or filing as set out in the Suffolk county administrative
     3  code, which are to be charged in addition to the fees specified in  this
     4  article. This subdivision does not apply to the fees specified in subdi-
     5  vision (f) of section 8021.
     6    §  2.  Subparagraph  (b)  of paragraph 1 of subdivision (f) of section
     7  8021 of the civil practice law and rules, as amended by chapter  784  of
     8  the laws of 1983, is amended to read as follows:
     9    (b)  if  the  real  estate  is in the city of New York or the [county]
    10  counties of Suffolk or Nassau, any block fees allowed by the administra-
    11  tive code of the city of New York or the  Nassau  county  administrative
    12  code  or  any  tax map number verification fees on instruments presented
    13  for recording or filing allowed by  the  Suffolk  county  administrative
    14  code;
    15    § 3. This act shall take effect immediately.
 
    16                                   PART TT
 
    17                            Intentionally Omitted
 
    18                                   PART UU
 
    19                            Intentionally Omitted
 
    20                                   PART VV

    21    Section  1.  The public service law is amended by adding a new article
    22  1-A to read as follows:
    23                                 ARTICLE 1-A
    24              THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
    25  Section 28-a. Definitions.
    26          28-b. Establishment of the state office of the utility  consumer
    27                  advocate.
    28          28-c. Powers  of  the state office of the utility consumer advo-
    29                  cate.
    30          28-d. Reports.
    31    § 28-a. Definitions. When used in  this  article:    (a)  "Department"
    32  means the department of public service.
    33    (b) "Commission" means the public service commission.
    34    (c)  "Residential  utility  customer"  means any person who is sold or
    35  offered for sale residential utility service by a utility company.
    36    (d) "Utility company" means any person or entity operating  an  agency
    37  for  public  service,  including,  but  not limited to, those persons or
    38  entities  subject  to  the  jurisdiction,  supervision  and  regulations
    39  prescribed by or pursuant to the provisions of this chapter.
    40    §  28-b.  Establishment  of  the  state office of the utility consumer
    41  advocate. There is established the state office of the utility  consumer
    42  advocate  to  represent  the interests of residential utility customers.
    43  The utility consumer advocate shall be appointed by the  governor  to  a
    44  term of six years, upon the advice and consent of the senate. The utili-
    45  ty  consumer  advocate shall possess knowledge and experience in matters
    46  affecting residential utility customers and shall be responsible for the
    47  direction, control, and operation of the state  office  of  the  utility
    48  consumer  advocate,  including  its  hiring  of  staff  and retention of
    49  experts for analysis and testimony in proceedings. The utility  consumer
    50  advocate  shall  not be removed for cause, but may be removed only after

        A. 2005--B                         51
 
     1  notice and opportunity to be heard, and only for  permanent  disability,
     2  malfeasance, a felony, or conduct involving moral turpitude. Exercise of
     3  independent  judgment  in  advocating positions on behalf of residential
     4  utility  customers shall not constitute cause for removal of the utility
     5  consumer advocate.
     6    § 28-c.  Powers of the state office of the utility consumer  advocate.
     7  The  state  office of the utility consumer advocate shall have the power
     8  and duty to: (a) initiate, intervene in, or  participate  on  behalf  of
     9  residential  utility customers in any proceedings before the commission,
    10  the federal energy regulatory  commission,  the  federal  communications
    11  commission, federal, state and local administrative and regulatory agen-
    12  cies,  and state and federal courts in any matter or proceeding that may
    13  substantially affect the interests  of  residential  utility  customers,
    14  including,  but  not  limited  to,  a proposed change of rates, charges,
    15  terms and conditions of service, the  adoption  of  rules,  regulations,
    16  guidelines, orders, standards or final policy decisions where the utili-
    17  ty  consumer  advocate  deems  such  initiation, intervention or partic-
    18  ipation to be necessary or appropriate;
    19    (b) represent the interests of residential utility  customers  of  the
    20  state  before  federal,  state  and  local administrative and regulatory
    21  agencies engaged in the regulation of energy, telecommunications, water,
    22  and other utility services, and  before  state  and  federal  courts  in
    23  actions  and proceedings to review the actions of utilities or orders of
    24  utility regulatory agencies. Any action or  proceeding  brought  by  the
    25  utility  consumer  advocate before a court or an agency shall be brought
    26  in the name of the state office of the utility  consumer  advocate.  The
    27  utility  consumer  advocate may join with a residential utility customer
    28  or group of residential utility customers in bringing an action;
    29    (c) (i) in addition to any other authority conferred upon the  utility
    30  consumer  advocate,  he or she is authorized, and it shall be his or her
    31  duty to represent the interests of residential utility  customers  as  a
    32  party,  or  otherwise  participate  for  the purpose of representing the
    33  interests of such customers before any agencies or courts. He or she may
    34  initiate proceedings if in his or her judgment doing so may be necessary
    35  in connection with any matter involving the  actions  or  regulation  of
    36  public  utility  companies whether on appeal or otherwise initiated. The
    37  utility consumer advocate may monitor all cases before regulatory  agen-
    38  cies  in the United States, including the federal communications commis-
    39  sion and the federal energy regulatory commission that affect the inter-
    40  ests of residential utility customers of  the  state  and  may  formally
    41  participate  in  those proceedings which in his or her judgment warrants
    42  such participation.
    43    (ii) the utility consumer advocate shall exercise his or her independ-
    44  ent discretion in  determining  the  interests  of  residential  utility
    45  customers  that  will  be  advocated  in any proceeding, and determining
    46  whether to participate in or initiate any proceeding and, in  so  deter-
    47  mining, shall consider the public interest, the resources available, and
    48  the  substantiality  of  the effect of the proceeding on the interest of
    49  residential utility customers;
    50    (d) request and receive from any state  or  local  authority,  agency,
    51  department  or  division  of  the  state  or  political subdivision such
    52  assistance, personnel, information, books, records, other  documentation
    53  and cooperation necessary to perform its duties; and
    54    (e) enter into cooperative agreements with other government offices to
    55  efficiently carry out its work.

        A. 2005--B                         52

     1    § 28-d. Reports. On July first, two thousand twenty and annually ther-
     2  eafter,  the state office of the utility consumer advocate shall issue a
     3  report to the governor and the legislature, and make such report  avail-
     4  able  to  the  public  free  of  charge on a publicly available website,
     5  containing, but not limited to, the following information:
     6    (a)  all  proceedings  that  the  state office of the utility consumer
     7  advocate participated in and the outcome of  such  proceedings,  to  the
     8  extent of such outcome and if not confidential;
     9    (b)  estimated  savings to residential utility consumers that resulted
    10  from intervention by the state office of the utility consumer  advocate;
    11  and
    12    (c) policy recommendations and suggested statutory amendments that the
    13  state office of the utility consumer advocate deems necessary.
    14    §  2. This act shall take effect on the first of April next succeeding
    15  the date on which it shall have become a law.
 
    16                                   PART WW
 
    17    Section 1.  The public service law is amended by adding a new  section
    18  24-c to read as follows:
    19    §  24-c.    Utility  intervenor  reimbursement.  1.    As used in this
    20  section, the following terms shall have the following meanings:
    21    (a) "Compensation" means payment from the utility  intervenor  account
    22  fund  established by section ninety-seven-ssss of the state finance law,
    23  for all or part, as determined by the department,  of  reasonable  advo-
    24  cate's  fees, reasonable expert witness fees, and other reasonable costs
    25  for preparation and participation in a proceeding.
    26    (b) "Participant" means a group of persons that apply jointly  for  an
    27  award of compensation under this section and who represent the interests
    28  of a significant number of residential or small business customers, or a
    29  not-for-profit  organization  in  this  state authorized pursuant to its
    30  articles of incorporation or bylaws to represent the interests of  resi-
    31  dential  or  small  business  utility  customers.  For  purposes of this
    32  section, a participant does not include  a  non-profit  organization  or
    33  other organization whose principal interests are the welfare of a public
    34  utility  or  its  investors  or employees, or the welfare of one or more
    35  businesses or industries which receive utility  service  ordinarily  and
    36  primarily  for  use  in  connection with the profit-seeking manufacture,
    37  sale, or distribution of goods or services.
    38    (c) "Other reasonable costs" means reasonable  out-of-pocket  expenses
    39  directly  incurred  by  a  participant  that are directly related to the
    40  contentions or recommendations made by the participant that resulted  in
    41  a substantial contribution.
    42    (d)  "Party" means any interested party, respondent public utility, or
    43  commission staff in a hearing or proceeding.
    44    (e) "Proceeding" means a complaint, or investigation,  rulemaking,  or
    45  other  formal  proceeding  before the commission, or alternative dispute
    46  resolution procedures in lieu of formal proceedings as may be  sponsored
    47  or  endorsed  by the commission, provided however such proceedings shall
    48  be limited to those relating to public  utilities  that  distribute  and
    49  deliver  gas,  electricity, or steam within this state and having annual
    50  revenues in excess of two hundred  million  dollars  arising  under  and
    51  proceeding  pursuant  to the following articles of this chapter: (1) the
    52  regulation of the price of gas and electricity, pursuant to article four
    53  of this chapter; (2) the regulation of the price of steam,  pursuant  to
    54  article  four-A  of  this  chapter;  (3)  the submetering, remetering or

        A. 2005--B                         53
 
     1  resale of electricity  to  residential  premises,  pursuant  to  section
     2  sixty-five  and  sixty-six  of this chapter, and pursuant to regulations
     3  regarding the submetering, remetering, or resale of electricity  adopted
     4  by the commission; and (4) such sections of this chapter as are applica-
     5  ble  to  a  proceeding  in  which  the commission makes a finding on the
     6  record that the public interest requires the  reimbursement  of  utility
     7  intervenor fees pursuant to this section.
     8    (f)  "Significant  financial hardship" means that the participant will
     9  be unable to afford, without undue hardship, to pay the costs of  effec-
    10  tive  participation, including advocate's fees, expert witness fees, and
    11  other reasonable costs of participation.
    12    (g) "Small business" means a business with a gross annual  revenue  of
    13  two hundred fifty thousand dollars or less.
    14    (h)  "Substantial  contribution"  means  that,  in the judgment of the
    15  department, the participant's application may substantially  assist  the
    16  commission  in  making  its  decision  because the decision may adopt in
    17  whole or in part one or more factual contentions, legal contentions,  or
    18  specific  policy or procedural recommendations that will be presented by
    19  the participant.
    20    2. A participant may apply for an award  of  compensation  under  this
    21  section  in  a  proceeding  in  which such participant has sought active
    22  party status as defined by the department. The department  shall  deter-
    23  mine  appropriate procedures for accepting and responding to such appli-
    24  cations.  At the time of application, such participant  shall  serve  on
    25  every  party to the proceeding notice of intent to apply for an award of
    26  compensation.
    27    An application shall include:
    28    (a) A statement of the nature and extent and  the  factual  and  legal
    29  basis  of  the  participant's planned participation in the proceeding as
    30  far as it is possible to describe  such  participation  with  reasonable
    31  specificity at the time the application is filed.
    32    (b) At minimum, a reasonably detailed description of anticipated advo-
    33  cates and expert witness fees and other costs of preparation and partic-
    34  ipation that the participant expects to request as compensation.
    35    (c)  If participation or intervention will impose a significant finan-
    36  cial hardship and the participant seeks payment in advance to  an  award
    37  of compensation in order to initiate, continue or complete participation
    38  in  the hearing or proceeding, such participant must include evidence of
    39  such significant financial hardship in its application.
    40    (d) Any other requirements as required by the department.
    41    3. (a) Within thirty days after  the  filing  of  an  application  the
    42  department  shall  issue  a  decision that determines whether or not the
    43  participant may make a substantial contribution to the final decision in
    44  the hearing or proceeding. If the department finds that the  participant
    45  requesting compensation may make a substantial contribution, the depart-
    46  ment  shall  describe  this  substantial  contribution and determine the
    47  amount of compensation to be paid pursuant to subdivision four  of  this
    48  section.
    49    (b)  Notwithstanding  subdivision four of this section, if the depart-
    50  ment finds that the participant has a  significant  financial  hardship,
    51  the department may direct the public utility or utilities subject to the
    52  proceeding  to  pay all or part of the compensation to the department to
    53  be provided to the participant prior to the end of  the  proceeding.  In
    54  the  event  that  the  participant discontinues its participation in the
    55  proceeding without the consent of the department, the  department  shall
    56  be  entitled  to, in whole or in part, recover any payments made to such

        A. 2005--B                         54
 
     1  participant to be refunded to  the  public  utility  or  utilities  that
     2  provided such payment.
     3    (c)  The computation of compensation pursuant to paragraph (a) of this
     4  subdivision shall take into  consideration  the  market  rates  paid  to
     5  persons   of  comparable  training  and  experience  who  offer  similar
     6  services. The compensation awarded may not,  in  any  case,  exceed  the
     7  comparable market rate for services paid by the department or the public
     8  utility,  whichever  is  greater,  to persons of comparable training and
     9  experience who are offering similar services.
    10    (d) Any compensation awarded to a participant and  not  used  by  such
    11  participant shall be returned to the department for refund to the public
    12  utility or utilities that provided such payment.
    13    (e)  The  department  shall  require that participants seeking payment
    14  maintain an itemized record of all expenditures incurred as a result  of
    15  such proceeding.
    16    (i)  The  department may use the itemized record of expenses to verify
    17  the claim of financial hardship by a participant seeking payment  pursu-
    18  ant to paragraph (c) of subdivision two of this section.
    19    (ii) The department may use the record of expenditures in determining,
    20  after the completion of a proceeding, if any unused funds remain.
    21    (iii) The department shall preserve the confidentiality of the partic-
    22  ipant's  records  in making any audit or determining the availability of
    23  funds after the completion of a proceeding.
    24    (f) In the event that the department finds that two  or  more  partic-
    25  ipants'  applications  have substantially similar interests, the depart-
    26  ment may require such participants to apply jointly in order to  receive
    27  compensation.
    28    4.  Any  compensation  pursuant  to  this section shall be paid at the
    29  conclusion of the proceeding by the public utility or utilities  subject
    30  to  the proceeding within thirty days. Such compensation shall be remit-
    31  ted to the department which shall then remit such  compensation  to  the
    32  participant.
    33    5. The department shall deny any award to any participant who attempts
    34  to  delay  or obstruct the orderly and timely fulfillment of the depart-
    35  ment's responsibilities.
    36    § 2. The state finance law is amended by adding a new section  97-ssss
    37  to read as follows:
    38    §  97-ssss. Utility intervenor account. 1. There is hereby established
    39  in the joint custody of the state comptroller and  the  commissioner  of
    40  taxation  and  finance  a  fund  to  be  known as the utility intervenor
    41  account.
    42    2. Such account shall consist of all utility intervenor  reimbursement
    43  monies  received from utilities pursuant to section twenty-four-c of the
    44  public service law.
    45    § 3. This act shall take effect on the thirtieth day  after  it  shall
    46  have become a law.
 
    47                                   PART XX
 
    48    Section  1.  Section  1-104 of the election law is amended by adding a
    49  new subdivision 38 to read as follows:
    50    38. "Computer generated registration list" means a  printed  or  elec-
    51  tronic  list  of  voters  in  alphabetical  order  for a single election
    52  district or poll site, generated from a computer registration  file  for
    53  each  election  and containing for each voter listed, a facsimile of the
    54  signature of the voter. Such a list may be in a single volume or in more

        A. 2005--B                         55

     1  than one volume. The list may be utilized in place of registration  poll
     2  records,  to  establish  a  person's  eligibility to vote in the polling
     3  place on election day.
     4    (a)  The  state  board  of elections shall promulgate minimum security
     5  standards for any electronic device, and any network or system to  which
     6  the  electronic  device is connected, that is used to store or otherwise
     7  access a computer generated registration list, and shall also promulgate
     8  a list of devices that are approved for use. No local board of elections
     9  shall be permitted to use such  a  device  unless  the  state  board  of
    10  elections  has  previously approved the device for use and has certified
    11  that the network or system to which the electronic device  is  connected
    12  is compliant with the minimum security standards.
    13    (b) The minimum security standards for such devices shall be commensu-
    14  rate  with  the  level  of  security risk applicable to such devices and
    15  shall specifically take into account any security risk  associated  with
    16  voting equipment-related supply chains in addition to any other applica-
    17  ble security risk.
    18    (c)  The  state board of elections shall promulgate minimum redundancy
    19  procedures to ensure a list of registration records  is  available  that
    20  provides  necessary  information in a compressed format to ensure voting
    21  continues if  the  electronic  computer  generated  registration  system
    22  becomes unavailable for any poll site or election district that utilizes
    23  such an electronic computer generated registration list.
    24    § 2. Subdivision 1 of section 4-128 of the election law, as amended by
    25  chapter 125 of the laws of 2011, is amended to read as follows:
    26    1.  The  board of elections of each county shall provide the requisite
    27  number of official and facsimile ballots, two cards  of  instruction  to
    28  voters  in the form prescribed by the state board of elections, at least
    29  one copy of the instruction booklet for inspectors, a sufficient  number
    30  of  maps,  street  finders  or  other descriptions of all of the polling
    31  places and election districts within the political subdivision in  which
    32  the  polling place is located to enable the election inspectors and poll
    33  clerks to determine the correct election district and polling place  for
    34  each  street address within the political subdivision in which the poll-
    35  ing place is located, distance markers, tally sheets and return  blanks,
    36  pens,  [black  ink,  or ball point pens with black ink,] pencils [having
    37  black lead], or other appropriate marking  devices,  envelopes  for  the
    38  ballots  of voters whose registration poll records are not in the ledger
    39  or whose names are not [on] in the computer generated registration list,
    40  envelopes for returns, identification buttons, badges or emblems for the
    41  inspectors and clerks in the form  prescribed  by  the  state  board  of
    42  elections  and such other articles of stationery as may be necessary for
    43  the proper conduct of elections,  except  that  when  a  town,  city  or
    44  village  holds  an election not conducted by the board of elections, the
    45  clerk of such town, city or village, shall  provide  such  official  and
    46  facsimile  ballots and the necessary blanks, supplies and stationery for
    47  such election.
    48    § 3. Subdivision c of section 4-132 of the election law, as amended by
    49  chapter 164 of the laws of 1985, is amended to read as follows:
    50    c. A booth or device in each election district for the use  of  voters
    51  marking  ballots.  Such  booth  or  device shall be so constructed as to
    52  permit the voter to mark his or her  ballot  in  secrecy  and  shall  be
    53  furnished  at all times with [a pencil having black lead only] an appro-
    54  priate marking device.
    55    § 4. Section 4-134 of the election law, the section heading as amended
    56  by chapter 373 of the laws of 1978, subdivisions 1 and 3 as  amended  by

        A. 2005--B                         56

     1  chapter 163 of the laws of 2010, subdivision 2 as amended by chapter 425
     2  of  the laws of 1986, and subdivisions 5 and 6 as amended by chapter 635
     3  of the laws of 1990, is amended to read as follows:
     4    §  4-134.  Preparation and delivery of ballots, supplies and equipment
     5  for use at elections. 1. The board of elections shall  deliver,  at  its
     6  office,  to  the  clerk  of  each town or city in the county, except the
     7  cities of New York, Buffalo and Rochester  and  to  the  clerk  of  each
     8  village  in  the county in which elections are conducted by the board of
     9  elections, by the Saturday before the primary, general, village or other
    10  election for which they are required: the official and  sample  ballots;
    11  ledgers  prepared for delivery in the manner provided in subdivision two
    12  of this section and containing the  registration  poll  records  of  all
    13  persons entitled to vote at such election in such town, city or village,
    14  or  computer  generated  registration  lists containing the names of all
    15  persons entitled to vote at such election in such town, city or village;
    16  challenge reports prepared  as  directed  by  this  chapter;  sufficient
    17  applications for registration by mail; sufficient ledger seals and other
    18  supplies  and  equipment  required by this article to be provided by the
    19  board of elections for each polling place in such town, city or village.
    20  The town, city or village clerk shall call at the office of  such  board
    21  of  elections at such time and receive such ballots, supplies and equip-
    22  ment. In the cities of New York, Buffalo  and  Rochester  the  board  of
    23  elections  shall cause such ballots, supplies and equipment to be deliv-
    24  ered to the board of inspectors of each election district  approximately
    25  one-half hour before the opening of the polls for voting, and shall take
    26  receipts therefor.
    27    2.  The  board of elections shall provide for each election district a
    28  ledger or ledgers containing the registration poll records or  [printed]
    29  lists with computer generated facsimile signatures, of all persons enti-
    30  tled  to  vote  in such election district at such election. Such ledgers
    31  shall be labelled, sealed, locked and  transported  in  locked  carrying
    32  cases.  After leaving the board of elections no such carrying case shall
    33  be unlocked except at the time and in the manner provided in this  chap-
    34  ter.
    35    3.  [Any  envelope  containing  absentee  voters' ballots on which the
    36  blanks have not been properly filled in shall be stamped to indicate the
    37  defect and shall be preserved by the board for at least one  year  after
    38  the receipt thereof.
    39    4.] Each kind of official ballot shall be arranged in a package in the
    40  consecutive  order of the numbers printed on the stubs thereof beginning
    41  with number one. All official  and  sample  ballots  for  each  election
    42  district  shall  be  in  separate sealed packages, clearly marked on the
    43  outside thereof, with the number and kind of ballots  contained  therein
    44  and  indorsed  with  the  designation of the election district for which
    45  they were prepared.  The  other  supplies  provided  for  each  election
    46  district also shall be [inclosed] enclosed in a sealed package, or pack-
    47  ages,  with  a label on the outside thereof showing the contents of each
    48  package.
    49    [5. Each town, city and village clerk receiving  such  packages  shall
    50  cause  all] 4. All such packages so received and marked for any election
    51  district [to] shall be delivered unopened and  with  the  seals  thereof
    52  unbroken  to  the  inspectors  of election of such election districts at
    53  least [one-half] one hour before  the  opening  of  the  polls  of  such
    54  election  therein, [and] who shall [take] give a receipt therefor speci-
    55  fying the number and kind of packages delivered. [At the same time  each
    56  such  clerk shall cause to be delivered to such inspectors the equipment

        A. 2005--B                         57

     1  described in subdivision two of this section and shall cause  a  receipt
     2  to be taken therefor.
     3    6.]  5. Town, city and village clerks required to provide official and
     4  sample ballots, registration records, seals, supplies and equipment,  as
     5  described  in  this  section,  for  town, city and village elections not
     6  conducted by the board of elections, shall in like manner, deliver  them
     7  to  the inspectors or presiding officers of the election at each polling
     8  place at which such meetings and elections are  held,  respectively,  in
     9  like  sealed  packages  marked  on the outside in like manner, and shall
    10  take receipts therefor in like manner.
    11    § 5. Subdivision 1 of section 5-302 of the election law, as separately
    12  amended by chapter 164 and chapter 558 of the laws of 1985,  is  amended
    13  to read as follows:
    14    1.  Before  placing the registration poll record in the poll ledger or
    15  in the computer generated registration list, the board  shall  enter  in
    16  the  space  provided  therefor  [on  the  back of such registration poll
    17  record] the name of the party designated by the voter on his application
    18  form, provided such party continues to be a party  as  defined  in  this
    19  law.    If such party ceases to be a party at any time, either before or
    20  after such enrollment is so entered, the enrollment of such voter  shall
    21  be  deemed  to  be  blank  and shall be entered as such until such voter
    22  files an application for change of enrollment pursuant to the provisions
    23  of this chapter.  [In the city of New York the board shall also affix  a
    24  gummed  sticker  of  a different color for each party in a place on such
    25  registration poll record immediately adjacent to such entry.] The  board
    26  shall  enter  the  date  of such entry and affix initials thereto in the
    27  space provided.
    28    § 6. Paragraph c of subdivision 3 of section  5-506  of  the  election
    29  law,  as  amended by chapter 659 of the laws of 1994, is amended to read
    30  as follows:
    31    c. The computer generated registration list prepared for each election
    32  in each election district shall be [printed by a printer] prepared in  a
    33  manner  which  meets  or  exceeds  standards  for  clarity  and speed of
    34  [reproduction] production established by the state board  of  elections,
    35  shall  be  in  a form approved by such board, shall include the names of
    36  all voters eligible to vote in such election and shall be  in  alphabet-
    37  ical  order, except that, at a primary election, the names of the voters
    38  enrolled in each political party may be placed in a separate part of the
    39  list or in a separate list, as the board of elections in its discretion,
    40  may determine.  Such list shall contain, adjacent to each voter's  name,
    41  or  in  a  space  so designated, at least the following: street address,
    42  date of birth,  party  enrollment,  year  of  registration,  a  computer
    43  reproduced  facsimile of the voter's signature or an indication that the
    44  voter is unable to sign his name, a place for the voter to sign his name
    45  at such election and a place for  the  inspectors  to  mark  the  voting
    46  machine number, the public counter number [and] if any, or the number of
    47  any paper ballots given the voter.
    48    § 7. Subdivision 2 of section 8-202 of the election law, as amended by
    49  chapter 164 of the laws of 2010, is amended to read as follows:
    50    2.  The  exterior  of  any  ballot  scanner, ballot marking device and
    51  privacy booth and every part of the polling place shall be in plain view
    52  of the election inspectors and watchers.  The  ballot  scanners,  ballot
    53  marking  devices,  and privacy booths shall be placed at least four feet
    54  from the table used by the inspectors in  charge  of  the  poll  [books]
    55  ledger  or computer generated registration list. The guard-rail shall be
    56  at least three feet from the machine and the table used by  the  inspec-

        A. 2005--B                         58
 
     1  tors.  The  election  inspectors  shall  not themselves be, or allow any
     2  other person to be, in any position or  near  any  position,  that  will
     3  permit  one  to see or ascertain how a voter votes, or how he or she has
     4  voted  nor shall they permit any other person to be less than three feet
     5  from the ballot scanner, ballot marking device, or privacy  booth  while
     6  occupied.  The  election inspectors or clerks attending the ballot scan-
     7  ner, ballot marking device, or privacy booth shall regularly inspect the
     8  face of the ballot scanner, ballot marking device, or  the  interior  of
     9  the privacy booth to see that the ballot scanner, ballot marking device,
    10  or privacy booth has not been damaged or tampered with. During elections
    11  the  door  or  other  covering of the counter compartment of the machine
    12  shall not be unlocked or opened except by  a  member  of  the  board  of
    13  elections,  a  voting  machine  custodian  or  any other person upon the
    14  specific instructions of the board of elections.
    15    § 8. Subdivisions 2, 2-a, 3, 4 and 5 of section 8-302 of the  election
    16  law, subdivision 2-a as added by chapter 179 of the laws of 2005, subdi-
    17  visions 3 and 4 as amended by chapter 200 of the laws of 1996, the open-
    18  ing  paragraph  of  paragraph (e) of subdivision 3 as amended by chapter
    19  125 of the laws of 2011 and subparagraph (ii) of paragraph (e) of subdi-
    20  vision 3 as separately amended by chapters 3 and 6 of the laws of  2019,
    21  are amended to read as follows:
    22    2.  The  voter shall give [his] the voter's name and [his] the voter's
    23  residence address to the inspectors. An inspector shall then loudly  and
    24  distinctly announce the name and residence of the voter.
    25    2-a. (a) If a voter's name appears in the ledger or computer generated
    26  registration  list  with a notation indicating that the voter's identity
    27  was not yet verified as required by the federal Help America  Vote  Act,
    28  the  inspector shall require that the voter produce one of the following
    29  types of identification before permitting the voter to cast his  or  her
    30  vote on the voting machine:
    31    (i)  a  driver's  license  or  department of motor vehicles non-driver
    32  photo ID card or other current and valid photo identification;
    33    (ii) a copy of a current  utility  bill,  bank  statement,  government
    34  check,  paycheck  or  other  government document that shows the name and
    35  address of the voter.
    36    (b) If the voter produces an identification document listed  in  para-
    37  graph  (a)  of  this subdivision, the inspector shall indicate so in the
    38  ledger or computer generated registration list, the voter will be deemed
    39  verified as required by the federal Help America Vote Act and the  voter
    40  shall be permitted to cast his or her vote on the voting machine.
    41    (c) If the voter does not produce an identification document listed in
    42  paragraph  (a)  of this subdivision, the voter shall only be entitled to
    43  vote by affidavit ballot unless a court order provides otherwise.
    44    3. (a) If an applicant is challenged, the board, without delay,  shall
    45  either  enter  his  name  in  the second section of the challenge report
    46  together with the other entries required to  be  made  in  such  section
    47  opposite the applicant's name or make an entry next to [his] the voter's
    48  name  [on]  in  the computer generated registration list or in the place
    49  provided [at the end of] in the computer generated registration list.
    50    (b) A person who claims to have moved to  a  new  address  within  the
    51  election  district  in  which  he  or she is registered to vote shall be
    52  permitted to vote in the same manner as other voters  unless  challenged
    53  on other grounds. The inspectors shall enter the names and new addresses
    54  of  all such persons in either the first section of the challenge report
    55  or in the place provided [at the  end  of]  in  the  computer  generated
    56  registration  list  and  shall  also  enter the new address next to such

        A. 2005--B                         59
 
     1  person's address on such computer generated registration list. When  the
     2  registration  poll  records of persons who have voted from new addresses
     3  within  the  same  election  district  are  returned  to  the  board  of
     4  elections,  such  board  shall  change the addresses on the face of such
     5  registration  poll  records  without  completely  obliterating  the  old
     6  addresses  and  shall enter such new addresses and the new addresses for
     7  any such persons whose names were [on] in computer  generated  registra-
     8  tion lists into its computer records for such persons.
     9    (c)  A  person who claims a changed name shall be permitted to vote in
    10  the same manner as other voters unless challenged on other grounds.  The
    11  inspectors shall either enter the names of all such persons in the first
    12  section of the challenge report or in the place provided [at the end of]
    13  in  the  computer generated registration list, in the form in which they
    14  are registered, followed in parentheses by the name as changed or  enter
    15  the  name as changed next to such voter's name on the computer generated
    16  registration list. The voter shall sign first on the  registration  poll
    17  record  or  [on]  in  the computer generated registration list, the name
    18  under which the voter is registered and, immediately above it,  the  new
    19  name,  provided  that  [on]  in such [a computer generated] registration
    20  list, the new name may be signed in the place provided [at  the  end  of
    21  such list].  When the registration poll record of a person who has voted
    22  under a new name is returned to the board of elections, such board shall
    23  change  [his] the voter's name on the face of each [of his] registration
    24  [records] record without completely obliterating the old one, and there-
    25  after such person shall vote only under his or her new name. If a  voter
    26  has  signed  a  new name [on] in a computer generated registration list,
    27  such board shall enter such voter's new name and new signature  in  such
    28  voter's computer record.
    29    (d) If an applicant requests assistance in voting and qualifies there-
    30  for, the board shall provide assistance as directed by this chapter, and
    31  shall  without  delay  either  enter such applicant's name and the other
    32  entries required in the third section of the challenge report or make an
    33  entry next to such applicant's  name  [on]  in  the  computer  generated
    34  registration  list  or in the place provided [at the end of the computer
    35  generated] in such registration list.
    36    (e) Whenever a voter presents himself or herself and offers to cast  a
    37  ballot,  and  he or she claims to live in the election district in which
    38  he or she seeks to vote but no registration poll record can be found for
    39  him or her in the poll ledger or his or her name does not appear [on] in
    40  the computer generated registration list or his or  her  signature  does
    41  not  appear  next  to  his or her name [on] in such [computer generated]
    42  registration list or his or her registration poll record or the computer
    43  generated registration list does not show him or her to be  enrolled  in
    44  the  party  in  which  he  or she claims to be enrolled, a poll clerk or
    45  election  inspector  shall  consult  a  map,  street  finder  or   other
    46  description  of  all of the polling places and election districts within
    47  the political subdivision in which said election district is located and
    48  if necessary, contact the board of  elections  to  obtain  the  relevant
    49  information  and  advise  the  voter  of  the  correct polling place and
    50  election district for the residence address provided  by  the  voter  to
    51  such  poll  clerk or election inspector. Thereafter, such voter shall be
    52  permitted  to  vote  in  said  election  district  only  as  hereinafter
    53  provided:
    54    (i)  He  or  she may present a court order requiring that he or she be
    55  permitted to vote. At a primary election, such a court order must speci-
    56  fy the party in which the voter is permitted to  vote.  [He]  The  voter

        A. 2005--B                         60
 
     1  shall be required to sign [his] their full name on top of the first page
     2  of  such  order,  together  with  [his]  the voter's registration serial
     3  number, if any, and  [his]  the  voter's  name  and  the  other  entries
     4  required  shall  then  be entered without delay in the fourth section of
     5  the challenge report or in the place provided [at the  end  of]  in  the
     6  computer  generated registration list, or, if such person's name appears
     7  on [the  computer  generated]  such  registration  list,  the  board  of
     8  elections may provide a place to make such entry next to his or her name
     9  on  such  list.  The voter shall then be permitted to vote in the manner
    10  otherwise prescribed for voters  whose  registration  poll  records  are
    11  found  in  the ledger or whose names are found on the computer generated
    12  registration list; or
    13    (ii) He or she may swear to and subscribe an affidavit stating that he
    14  or she has duly  registered  to  vote,  the  address  in  such  election
    15  district  from which he or she registered, that he or she remains a duly
    16  qualified voter in such election district, that his or her  registration
    17  poll  record  appears  to  be  lost or misplaced or that his or her name
    18  and/or his or her signature was  omitted  from  the  computer  generated
    19  registration  list or such record indicates the voter already voted when
    20  he or she did not do so or that he or she  has  moved  within  New  York
    21  state  since he or she last registered, the address from which he or she
    22  was previously registered and the address at which he or  she  currently
    23  resides,  and  at  a  primary  election, the party in which he or she is
    24  enrolled. The inspectors of election shall offer such  an  affidavit  to
    25  each  such  voter  whose residence address is in such election district.
    26  Each such affidavit shall be in a form prescribed by the state board  of
    27  elections,  shall be printed on an envelope of the size and quality used
    28  for an absentee ballot envelope, and  shall  contain  an  acknowledgment
    29  that  the  affiant  understands that any false statement made therein is
    30  perjury punishable according to law. Such form prescribed by  the  state
    31  board  of  elections shall request information required to register such
    32  voter should the county board determine that such voter  is  not  regis-
    33  tered  and  shall  constitute  an  application  to register to vote. The
    34  voter's name and the entries required  shall  then  be  entered  without
    35  delay and without further inquiry in the fourth section of the challenge
    36  report  or  in the place provided [at the end of] in the computer gener-
    37  ated registration list, with the notation that the  voter  has  executed
    38  the  affidavit hereinabove prescribed, or, if such person's name appears
    39  [on the computer generated] in such  registration  list,  the  board  of
    40  elections may provide a place to make such entry next to his or her name
    41  [on]  in  such list.   The voter shall then, without further inquiry, be
    42  permitted to vote an affidavit ballot provided for by this chapter. Such
    43  ballot shall thereupon be placed in the envelope containing his  or  her
    44  affidavit,  and  the  envelope  sealed  and  returned  to  the  board of
    45  elections in the manner provided by this chapter for protested  official
    46  ballots, including a statement of the number of such ballots.
    47    4. At a primary election, a voter whose registration poll record is in
    48  the ledger or computer generated registration list shall be permitted to
    49  vote  only  in the primary of the party in which such record shows [him]
    50  the voter to be enrolled unless [he] the voter  shall  present  a  court
    51  order pursuant to the provisions of subparagraph (i) of paragraph (e) of
    52  subdivision  three  of  this  section  requiring  that [he] the voter be
    53  permitted to vote in the primary of another party, or  unless  [he]  the
    54  voter  shall  present a certificate of enrollment issued by the board of
    55  elections, not earlier than one  month  before  such  primary  election,
    56  pursuant to the provisions of this chapter which certifies that [he] the

        A. 2005--B                         61
 
     1  voter  is  enrolled  in  a party other than the one in which such record
     2  shows [him] the voter  to  be  enrolled,  or  unless  he  or  she  shall
     3  subscribe  an  affidavit pursuant to the provisions of subparagraph (ii)
     4  of paragraph (e) of subdivision three of this section.
     5    5.  Except  for  voters unable to sign their names, no person shall be
     6  permitted to vote  without  first  identifying  himself  or  herself  as
     7  required by this chapter.
     8    §  9.  Subdivisions  1,  2 and 3 of section 8-304 of the election law,
     9  subdivisions 1 and 2 as amended by chapter 425 of the laws of 1986,  are
    10  amended to read as follows:
    11    1.  A person before being allowed to vote shall be required, except as
    12  provided in this chapter, to sign his or her name on the back of his  or
    13  her  registration  poll record on the first line reserved for his or her
    14  signature at the time of election which is not filled  with  a  previous
    15  signature,  or  [on  the  line of] in the space provided in the computer
    16  generated registration list reserved for [his]  the  voter's  signature.
    17  The two inspectors in charge shall satisfy themselves by a comparison of
    18  this  signature  with  [his]  the  voter's registration signature and by
    19  comparison of [his] the voter's appearance with the descriptive material
    20  on the face of the registration poll record that [he] the voter  is  the
    21  person  registered.  If they are so satisfied they shall enter the other
    22  information required for the election on the same line with the  voter's
    23  latest  signature,  shall  sign  their  names  or initials in the spaces
    24  provided therefor, and shall permit the applicant to vote. Any inspector
    25  or inspectors not satisfied shall challenge the applicant forthwith.
    26    2. If a person who alleges [his] an inability to sign his or her  name
    27  presents  himself  or  herself  to  vote,  the board of inspectors shall
    28  permit [him] such person to vote, unless challenged  on  other  grounds,
    29  provided  [he]  the voter had been permitted to register without signing
    30  [his] the voter's name. The board shall enter the words "Unable to Sign"
    31  in the space on [his] the voter's registration poll record reserved  for
    32  [his]  the  voter's  signature or on the line [of] or space the computer
    33  generated registration list reserved for [his] the voter's signature  at
    34  such  election.  If  [his]  the voter's signature appears upon [his] the
    35  voter's registration record or [upon] in the computer  generated  regis-
    36  tration list the board shall challenge [him] the voter forthwith, except
    37  that if such a person claims that he or she is unable to sign his or her
    38  name by reason of a physical disability incurred since [his] the voter's
    39  registration, the board, if convinced of the existence of such disabili-
    40  ty,  shall  permit  him or her to vote, shall enter the words "Unable to
    41  Sign" and a brief description of such disability in the  space  reserved
    42  for  [his]  the  voter's  signature at such election. At each subsequent
    43  election, if such disability still exists, [he] the voter shall be enti-
    44  tled to vote without signing [his] their name and the board  of  inspec-
    45  tors,  without  further notation, shall enter the words "Unable to Sign"
    46  in the space reserved for [his] the voter's signature at such election.
    47    3. The voter's facsimile signature [made by him upon registration  and
    48  his  signature  made  at  subsequent  elections]  shall  be  effectively
    49  concealed from the voter by a blotter or [piece of opaque  paper]  other
    50  means until after the voter shall have completed [his] the signature.
    51    §  10.  Subdivision 3 of section 8-306 of the election law, as amended
    52  by chapter 154 of the laws of 1991, is amended to read as follows:
    53    3. Any voter who requires assistance to vote by reason  of  blindness,
    54  disability  or  inability  to read or write may be given assistance by a
    55  person of the voter's choice, other than the voter's employer  or  agent
    56  of  the employer or officer or agent of the voter's union. A voter enti-

        A. 2005--B                         62
 
     1  tled to assistance in voting who does not select a particular person may
     2  be assisted by two election inspectors not of the same political  faith.
     3  The  inspectors  or  person  assisting  a  voter  shall enter the voting
     4  machine or booth with [him] the voter, help [him] the voter in the prep-
     5  aration  of [his] the voter's ballot and, if necessary, in the return of
     6  the voted ballot to the inspectors for deposit in the  ballot  box.  The
     7  inspectors  shall  enter  in the [remarks space on the registration poll
     8  card of an assisted voter, or next to the name of]  space  provided  for
     9  such voter [on] in the computer generated registration list, the name of
    10  each officer or person rendering such assistance.
    11    §  11.  Subdivision 2 of section 8-508 of the election law, as amended
    12  by chapter 200 of the laws of 1996, paragraph (b) as amended by  chapter
    13  6 of the laws of 2019, is amended to read as follows:
    14    2.  (a)  The  first  section  of such report shall be reserved for the
    15  inspectors of election to enter the name, address and registration seri-
    16  al number of each person who claims a change in name,  or  a  change  of
    17  address  within  the  election  district,  together with the new name or
    18  address of each such person. In lieu of preparing  section  one  of  the
    19  challenge  list, the board of elections may provide, next to the name of
    20  each voter [on] in the computer generated registration list, a place for
    21  the inspectors of election to record  the  information  required  to  be
    22  entered  in  such  section  one, or provide [at the end of such computer
    23  generated] elsewhere in such registration list, a place for the  inspec-
    24  tors of election to enter such information.
    25    (b)  The second section of such report shall be reserved for the board
    26  of inspectors to enter the name, address and registration serial  number
    27  of each person who is challenged at the time of voting together with the
    28  reason  for  the  challenge.  If  no voters are challenged, the board of
    29  inspectors shall enter  the  words  "No  Challenges"  across  the  space
    30  reserved  for  such names. In lieu of preparing section two of the chal-
    31  lenge report, the board of elections may provide, next to  the  name  of
    32  each voter [on] in the computer generated registration list, a place for
    33  the  inspectors  of  election  to  record the information required to be
    34  entered in such section two, or provide [at the  end  of  such  computer
    35  generated]  elsewhere in such registration list, a place for the inspec-
    36  tors of election to enter such information.
    37    (c) The third section of such report shall be reserved for  the  board
    38  of  inspectors to enter the name, address and registration serial number
    39  of each voter given assistance, together with the reason the  voter  was
    40  allowed  assistance,  the  name of the person giving such assistance and
    41  his address if not an inspector.  If no voters are given assistance, the
    42  board of inspectors shall enter the words  "No  Assistance"  across  the
    43  space reserved for such names. In lieu of providing section three of the
    44  challenge  report,  the board of elections may provide, next to the name
    45  of each voter [on] in the computer generated registration list, a  place
    46  for  the inspectors of election to record the information required to be
    47  entered in such section three, or provide [at the end of  such  computer
    48  generated]  elsewhere in such registration list, a place for the inspec-
    49  tors of election to enter such information.
    50    (d) The fourth section of such report shall be reserved for the  board
    51  of  inspectors to enter the name, address and registration serial number
    52  of each person who was permitted to vote pursuant to a court  order,  or
    53  to  vote  on a paper ballot which was inserted in an affidavit envelope.
    54  If there are no such names, such  board  shall  enter  the  word  "None"
    55  across  the  space provided for such names. In lieu of providing section
    56  four of such report, the board of elections may  provide,  next  to  the

        A. 2005--B                         63
 
     1  name  of  each voter [on] in the computer generated registration list, a
     2  place for the inspectors of election to record the information  required
     3  to  be  entered  in  such  section  four,  or provide [at the end of the
     4  computer generated] elsewhere in such registration list, a place for the
     5  inspectors of election to enter such information.
     6    (e) At the foot of such report [and] or at the end of any such comput-
     7  er  generated  registration  list,  if  applicable, shall be [printed] a
     8  certificate that such report or list contains the names of  all  persons
     9  who  were  challenged  on  the  day  of election, and that each voter so
    10  reported as having been challenged took the oaths as required, that such
    11  report or list contains the names of all voters to whom such board  gave
    12  or  allowed  assistance  and  lists  the  nature of the disability which
    13  required such assistance to be given and the names and family  relation-
    14  ship,  if  any,  to the voter of the persons by whom such assistance was
    15  rendered; that each such assisted voter informed such board  under  oath
    16  that  he  required  such  assistance and that each person rendering such
    17  assistance took the required oath; that such report or list contains the
    18  names of all voters who were permitted to vote although their  registra-
    19  tion  poll records were missing; that the entries made by such board are
    20  a true and accurate record  of  its  proceedings  with  respect  to  the
    21  persons named in such report or list.
    22    (f)  Upon  the  return  of  such report [and] or lists to the board of
    23  elections, it shall complete the investigation of voting  qualifications
    24  of  all  persons named in the second section thereof or for whom entries
    25  were placed [on] in such computer generated registration lists  in  lieu
    26  of  the  preparation  of the second section of the challenge report, and
    27  shall forthwith proceed to cancel the registration of any person who, as
    28  noted upon such report, or in such list, was challenged at such election
    29  and refused either to take a challenge oath or to answer  any  challenge
    30  question.
    31    (g)  The  state board of elections shall prescribe a form of challenge
    32  report for use pursuant to the provisions of this section. Such form may
    33  require the insertion of such other information as the state board shall
    34  deem appropriate.
    35    § 12. Section 8-510 of  the  election  law,  the  section  heading  as
    36  amended  by chapter 373 of the laws of 1978, subdivision 1 as amended by
    37  chapter 200 of the laws of 1996, and subdivision 3 as amended by chapter
    38  43 of the laws of 1988, is amended to read as follows:
    39    § 8-510. Challenge report; completion of and [closing of  registration
    40  poll  ledgers]  procedure  after.  1. Immediately after the close of the
    41  polls the board of inspectors of election shall verify the entries which
    42  it has made on the challenge report or [at the end of the] in the spaces
    43  provided in the computer generated registration list by  comparing  such
    44  entries  with the information appearing on the registration poll records
    45  of the affected voters or the information appearing [next to  the  names
    46  of  such  voters  on]  in  the spaces provided in the computer generated
    47  registration list. If it has made no entries in section  two,  three  or
    48  four  of  such  report it shall write across or note in such section the
    49  words "No challenges", "No assistance" or "None", as the case may be, as
    50  directed in this chapter.
    51    2. After completing such report the  inspectors  shall  sign  [the]  a
    52  certificate  [at  the end of] in the spaces provided by the county board
    53  of elections for such report.
    54    3. The inspectors shall place such completed report,  and  each  court
    55  order,  if any, directing that a person be permitted to vote, [inside a]
    56  in the secure container provided by the county board  of  elections  for

        A. 2005--B                         64
 
     1  such  ledger  of registration records or computer generated registration
     2  lists [between the front cover, and the first registration  record]  and
     3  then shall close and seal each ledger of registration records or comput-
     4  er  generated  registration  lists, [affix their signature to the seal,]
     5  lock such ledger in the carrying case furnished  for  that  purpose  and
     6  enclose  the  keys in a sealed package or seal such list in the envelope
     7  provided for that purpose.
     8    § 13. Clauses (C) and (D) of subparagraph  (i)  of  paragraph  (a)  of
     9  subdivision  2 of section 9-209 of the election law, as amended by chap-
    10  ter 308 of the laws of 2011, are amended to read as follows:
    11    (C) If such person is found to be registered  and  has  not  voted  in
    12  person, an inspector shall compare the signature, if any, on each envel-
    13  ope  with  the  signature,  if any, on the registration poll record, the
    14  computer generated list of registered voters  or  the  list  of  special
    15  presidential  voters, of the person of the same name who registered from
    16  the same address. If  the  signatures  are  found  to  correspond,  such
    17  inspector shall certify thereto by [signing] placing his or her initials
    18  in  the  ["Inspector's  Initials"  line  on  the]  space provided in the
    19  computer generated list of registered voters [or in the "remarks" column
    20  as appropriate].
    21    (D) If such person is found to be registered  and  has  not  voted  in
    22  person,  and  if  no  challenge  is  made, or if a challenge made is not
    23  sustained, the envelope shall be opened, the ballot or ballots withdrawn
    24  without unfolding, and the ballot or ballots  deposited  in  the  proper
    25  ballot box or boxes, or envelopes, provided however that, in the case of
    26  a primary election, the ballot shall be deposited in the box only if the
    27  ballot is of the party with which the voter is enrolled according to the
    28  entry on the back of his or her registration poll record or [next to his
    29  or her name on] in the computer generated registration list; if not, the
    30  ballot  shall  be  rejected without inspection or unfolding and shall be
    31  returned to the envelope which shall be endorsed "not enrolled." At  the
    32  time  of  the deposit of such ballot or ballots in the box or envelopes,
    33  the inspectors shall enter the words "absentee vote" or "military  vote"
    34  in the space reserved for the voter's signature on the aforesaid list or
    35  in the "remarks" [column] space as appropriate, and shall enter the year
    36  and month of the election on the same line in the spaces provided there-
    37  for.
    38    §  14. Subdivision 4 of section 11-206 of the election law, as amended
    39  by chapter 91 of the laws of 1992, is amended to read as follows:
    40    4. The registration poll records of special federal  voters  shall  be
    41  filed, in alphabetical order, by election district.  At each election at
    42  which  [the  ballots  of]  special  federal voters are [delivered to the
    43  inspectors of election in each election district] eligible to vote,  the
    44  registration  poll  records  of  all special federal voters [eligible to
    45  vote at such election] shall be delivered to such inspectors of election
    46  together with the other registration poll records or the names  of  such
    47  voters  shall  be  included  [on] in the computer generated registration
    48  list. Such records shall be delivered either in a separate  poll  ledger
    49  or  a separate, clearly marked section, of the main poll ledger or [in a
    50  separate,] be clearly marked[, section of]  in  the  computer  generated
    51  registration list as the board of elections shall determine.
    52    §  15. This act shall take effect immediately; provided, however, that
    53  the amendments to subparagraph (ii) of paragraph (e) of subdivision 3 of
    54  section 8-302 of the election law made by  section  eight  of  this  act
    55  shall  take  effect on the same date and in the same manner as chapter 3
    56  of the laws of 2019, takes effect.

        A. 2005--B                         65
 
     1                                   PART YY
 
     2    Section  1.  Subdivisions  a and e of section 25 of chapter 507 of the
     3  laws of 2009, amending the real property actions and proceedings law and
     4  other laws relating to home mortgage loans, as amended by chapter 29  of
     5  the laws of 2014, are amended to read as follows:
     6    a. Sections one, one-a, two and three of this act shall take effect on
     7  the thirtieth day after this act shall have become a law and shall apply
     8  to  notices  required  on  or  after such date; [provided, however, that
     9  section one-a of this act shall expire and be deemed repealed  10  years
    10  after such effective date;]
    11    e.  Section  nine  of  this  act shall take effect on the sixtieth day
    12  after this act shall have become a law and shall apply to legal  actions
    13  filed  on  or after such date; [provided, however that the amendments to
    14  subdivision (a) of rule 3408 of the civil practice law and rules made by
    15  such section shall expire and be deemed repealed  10  years  after  such
    16  effective date;]
    17    § 2. This act shall take effect immediately.
 
    18                                   PART ZZ
 
    19    Section  1. Paragraph (a) of subdivision 2 of section 112 of the state
    20  finance law, as amended by section 18 of part L of  chapter  55  of  the
    21  laws  of  2012, is amended and a new paragraph (a-1) is added to read as
    22  follows:
    23    (a) Before any contract made for or by any state  agency,  department,
    24  board, officer, commission, or institution, except the office of general
    25  services,  shall be executed or become effective, whenever such contract
    26  exceeds fifty thousand dollars in amount and before  any  contract  made
    27  for  or  by  the  office of general services shall be executed or become
    28  effective, whenever such contract exceeds eighty-five  thousand  dollars
    29  in  amount,  it  shall first be approved by the comptroller and filed in
    30  his or her office[, with the exception of  contracts  established  as  a
    31  centralized contract through the office of general services and purchase
    32  orders  or  other procurement transactions issued under such centralized
    33  contracts]. The comptroller shall make  a  final  written  determination
    34  with  respect  to  approval  of  such contract within ninety days of the
    35  submission of such contract to his or her office unless the  comptroller
    36  shall  notify, in writing, the state agency, department, board, officer,
    37  commission, or institution, prior to the expiration of  the  ninety  day
    38  period,  and  for  good  cause, of the need for an extension of not more
    39  than fifteen days, or a reasonable period of  time  agreed  to  by  such
    40  state agency, department, board, officer, commission, or institution and
    41  provided, further, that such written determination or extension shall be
    42  made  part of the procurement record pursuant to paragraph f of subdivi-
    43  sion one of section one hundred sixty-three of this chapter.
    44    (a-1) (1) In addition to the contracts covered  by  paragraph  (a)  of
    45  this subdivision, the following contracts shall be subject to the review
    46  and  approval  of  the comptroller: (i) any contract entered into by the
    47  state  university  of  New  York,  the  state  university  of  New  York
    48  construction  fund, the city university of New York, or the city univer-
    49  sity of  New  York  construction  fund  for  construction,  commodities,
    50  computer  equipment and printing in excess of two hundred fifty thousand
    51  dollars, unless otherwise provided by the provisions of paragraph  a  of
    52  subdivision  five  of  section three hundred fifty-five of the education
    53  law, subdivision twelve of section three hundred  seventy-three  of  the

        A. 2005--B                         66
 
     1  education  law,  subdivision a of section six thousand two hundred eigh-
     2  teen of the education law, or section sixty-two hundred eighty-three  of
     3  the  education  law,  and  (ii)  contracts  established as a centralized
     4  contract  through  the  office of general services exceeding eighty-five
     5  thousand dollars.
     6    (2) The comptroller shall make  a  final  written  determination  with
     7  respect  to  approval  of  such  contract  within  thirty  days  of  the
     8  submission of such contract to his or her office unless the  comptroller
     9  shall notify, in writing, the respective contracting entity prior to the
    10  expiration of the thirty day period, and for good cause, of the need for
    11  an  extension  for  a period of time agreed to by the contracting entity
    12  and provided, further, that  such  written  determination  or  extension
    13  shall  be  made  part  of  the  procurement record. If the comptroller's
    14  review of the contract is not completed within the thirty day period, or
    15  within the extension of such time period agreed upon by both  the  comp-
    16  troller and the respective contracting entity, the contract shall become
    17  valid and enforceable without the comptroller's approval.
    18    § 2. The opening paragraph and paragraph a of subdivision 5 of section
    19  355 of the education law, as amended by section 1 of subpart B of part D
    20  of  chapter  58  of  the  laws  of 2011, paragraph a of subdivision 5 as
    21  amended by section 31 of part L of chapter 55 of the laws of  2012,  are
    22  amended to read as follows:
    23    Notwithstanding  the  provisions  of  subdivision  two  of section one
    24  hundred twelve and sections one hundred fifteen, one hundred  sixty-one,
    25  and  one  hundred  sixty-three  of  the state finance law and [sections]
    26  section three [and six] of the New York state printing and public  docu-
    27  ments  law  or any other law to the contrary, the state university trus-
    28  tees are authorized and empowered to:
    29    a.  (i)  purchase  materials,   proprietary   electronic   information
    30  resources  including  but  not  limited  to  academic, professional, and
    31  industry journals, reference handbooks and  manuals,  research  tracking
    32  tools, indexes and abstracts, equipment and supplies, including computer
    33  equipment  and  motor  vehicles,  where the amount for a single purchase
    34  does not  exceed  two  hundred  fifty  thousand  dollars,  (ii)  execute
    35  contracts  for  construction and construction-related services contracts
    36  in an amount not exceeding two hundred fifty thousand dollars, and (iii)
    37  contract for printing in an amount not exceeding two hundred fifty thou-
    38  sand dollars, without prior approval by any other state officer or agen-
    39  cy, but subject to rules and regulations of the  state  comptroller  not
    40  otherwise  inconsistent  with  the  provisions  of  this  section and in
    41  accordance with guidelines promulgated by the state university board  of
    42  trustees after consultation with the state comptroller. Provided, howev-
    43  er, contracts in an amount exceeding two hundred fifty thousand dollars,
    44  or such amount as may be determined pursuant to this paragraph, shall be
    45  subject  to  the approval of the state comptroller pursuant to paragraph
    46  (a-1) of subdivision two of section one  hundred  twelve  of  the  state
    47  finance  law.  In  addition,  the  trustees, after consultation with the
    48  commissioner of general services, are authorized to  annually  negotiate
    49  with the state comptroller increases in the aforementioned dollar limits
    50  and  the  exemption of any articles, commodities, services or categories
    51  of articles or services from these limits;
    52    § 3. Subdivision 12 of section 373 of the education law, as amended by
    53  section 2 of subpart A of part D of chapter 58 of the laws of  2011,  is
    54  amended to read as follows:

        A. 2005--B                         67
 
     1    12.  To procure and execute contracts, lease agreements, and all other
     2  instruments necessary or convenient for the exercise  of  its  corporate
     3  powers and the fulfillment of its corporate purposes under this article.
     4    Notwithstanding  subdivision  two of section one hundred twelve of the
     5  state finance law or any other law to the  contrary,  fund  procurements
     6  shall not be subject to the prior approval of any state officer or agen-
     7  cy[;],  provided,  however,  contracts  entered  into  by the fund in an
     8  amount exceeding two hundred fifty thousand dollars shall be subject  to
     9  the  approval  of  the  state comptroller pursuant to paragraph (a-1) of
    10  subdivision two of section one hundred twelve of the state finance  law,
    11  provided, however, the fund, after consultation with the commissioner of
    12  general  services,  is  authorized  to annually negotiate with the state
    13  comptroller increases  in  the  aforementioned  dollar  limits  and  the
    14  exemption  of any articles, commodities, services or categories of arti-
    15  cles or services from these limits.
    16    § 4. The opening paragraph and paragraph 1 of subdivision a of section
    17  6218 of the education law, as amended by section 2 of subpart B of  part
    18  D  of chapter 58 of the laws of 2011, subparagraph (i) of paragraph 1 of
    19  subdivision a as amended by section 33 of part L of chapter  55  of  the
    20  laws of 2012, are amended to read as follows:
    21    Notwithstanding  the  provisions  of  subdivision  two  of section one
    22  hundred twelve and sections one hundred fifteen, one  hundred  sixty-one
    23  and  one  hundred  sixty-three  of  the state finance law and [sections]
    24  section three [and six] of the New York state printing and public  docu-
    25  ments  law  or  any  other  law  to the contrary, the city university is
    26  authorized and empowered to:
    27    [(1)]  (i)  purchase  materials;  proprietary  electronic  information
    28  resources,  including,  but  not  limited to, academic, professional and
    29  industry journals, reference handbooks and  manuals,  research  tracking
    30  tools,  indexes  and  abstracts;  and  equipment and supplies, including
    31  computer equipment and motor vehicles, where the  amount  for  a  single
    32  purchase  does  not  exceed  two  hundred  fifty  thousand dollars, (ii)
    33  execute contracts for  construction  and  construction-related  services
    34  contracts in an amount not exceeding two hundred fifty thousand dollars,
    35  and  (iii)  contract for printing in an amount not exceeding two hundred
    36  fifty thousand dollars, without prior approval by any other state  offi-
    37  cer  or  agency, but subject to rules and regulations of the state comp-
    38  troller not otherwise inconsistent with the provisions of  this  section
    39  and in accordance with the guidelines promulgated by the city university
    40  board  of  trustees  after  consultation  with  the  state  comptroller.
    41  Provided, however, contracts in an amount exceeding  two  hundred  fifty
    42  thousand  dollars,  or such amount as may be determined pursuant to this
    43  paragraph, shall be subject to the approval  of  the  state  comptroller
    44  pursuant  to  paragraph  (a-1) of subdivision two of section one hundred
    45  twelve of the state finance law. In addition, the city university  board
    46  of  trustees,  after  consultation  with  the  commissioner  of  general
    47  services, are authorized to annually  negotiate  with  the  state  comp-
    48  troller  increases in the aforementioned dollar limits and the exemption
    49  of any articles, commodities, services  or  categories  of  articles  or
    50  services from these limits.
    51    §  5.  Section  6283  of  the  education law, as added by section 3 of
    52  subpart B of part D of chapter 58 of the laws of  2011,  is  amended  to
    53  read as follows:
    54    §  6283.  Procurements of the fund. Notwithstanding subdivision two of
    55  section one hundred twelve of the state finance law or any other law  to
    56  the  contrary,  fund  procurements  shall  not  be  subject to the prior

        A. 2005--B                         68
 
     1  approval of  any  state  officer  or  agency;  provided,  however,  that
     2  contracts  entered  into  by the fund in an amount exceeding two hundred
     3  fifty thousand dollars shall be subject to the  approval  of  the  state
     4  comptroller  pursuant  to  paragraph (a-1) of subdivision two of section
     5  one hundred twelve of the state  finance  law,  provided,  further,  the
     6  fund,  after  consultation with the commissioner of general services, is
     7  authorized to annually negotiate with the state comptroller increases in
     8  the aforementioned dollar limits and  the  exemption  of  any  articles,
     9  commodities,  services  or categories of articles or services from these
    10  limits.
    11    § 6. The state finance law is amended by adding a new section  148  to
    12  read as follows:
    13    §  148.  Comptroller  approval of the research foundation of the state
    14  university of New York contracts. Notwithstanding any other provision of
    15  law, any contract entered into by the research foundation of  the  state
    16  university  of  New  York,  where monies appropriated or assigned by the
    17  state is in excess of one million dollars in amount, shall  be  approved
    18  by the state comptroller and filed in his or her office. The comptroller
    19  shall  make  a  final  written determination with respect to approval of
    20  such contract within thirty days of the submission of such  contract  to
    21  his  or  her office unless the comptroller shall notify, in writing, the
    22  research foundation of the state university of New  York  prior  to  the
    23  expiration of the thirty day period, and for good cause, of the need for
    24  an extension of a period of time agreed to by the research foundation of
    25  the  state university of New York and provided, further, that such writ-
    26  ten determination or extension shall be made  part  of  the  procurement
    27  record.    If  the comptroller's review of the contract is not completed
    28  within the thirty day period, or within the extension of such time peri-
    29  od agreed upon by both the comptroller and by the research foundation of
    30  the state university of New York, the contract shall  become  valid  and
    31  enforceable without the comptroller's approval.
    32    §  7.  This  act  shall take effect immediately and shall apply to any
    33  procurement initiated on or after such date; provided however that:
    34    (a) the amendments to subdivision 5 of section 355  of  the  education
    35  law  made  by section two of this act shall not affect the expiration of
    36  such subdivision and shall be deemed to expire therewith;
    37    (b) the amendments to subdivision 12 of section 373 of  the  education
    38  law made by section three of this act shall not affect the expiration of
    39  such subdivision and shall be deemed to expire therewith;
    40    (c)  the  amendments to subdivision a of section 6218 of the education
    41  law made by section four of this act shall not affect the expiration  of
    42  such subdivision and shall be deemed to expire therewith;
    43    (d)  the  amendments to subdivision a of section 6283 of the education
    44  law made by section five of this act shall not affect the repeal of such
    45  section and shall be deemed repealed therewith; and
    46    (e) section six of this act shall expire June 30, 2021.
 
    47                                  PART AAA
 
    48    Section 1. Sections 249.101 and 249.111 of chapter 852 of the laws  of
    49  1948,  constituting  the  Westchester  county  administrative  code, are
    50  REPEALED.
    51    § 2. This act shall take effect immediately.
 
    52                                  PART BBB

        A. 2005--B                         69
 
     1    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
     2  legislative law and the state finance law relating to the operation  and
     3  administration  of  the legislature, as amended by section 2 of part GGG
     4  of chapter 59 of the laws of 2018, is amended to read as follows:
     5    §  13.  This  act shall take effect immediately and shall be deemed to
     6  have been in full force and effect as of April 1, 1994,  provided  that,
     7  the  provisions  of  section  5-a  of  the legislative law as amended by
     8  sections two and two-a of this act shall take effect on January 1, 1995,
     9  and provided further that, the provisions of article 5-A of the legisla-
    10  tive law as added by section eight of this act  shall  expire  June  30,
    11  [2019]  2020 when upon such date the provisions of such article shall be
    12  deemed repealed; and provided further that section twelve  of  this  act
    13  shall be deemed to have been in full force and effect on and after April
    14  10, 1994.
    15    §  2.  This  act  shall take effect immediately, provided, however, if
    16  section one of this act shall take effect on  or  after  June  30,  2019
    17  section  one  of this act shall be deemed to have been in full force and
    18  effect on and after June 30, 2019.
 
    19                                  PART CCC
 
    20    Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
    21  declares  that  it  is  in  the  public interest to enact a cost benefit
    22  review process when a state agency enters into  contracts  for  personal
    23  services.  New  York State spends over $3.5 billion annually on personal
    24  service contracts, over $840 million more than the State spent on  these
    25  contracts  in  SFY  2003-04,  a 32% increase. Despite an Executive Order
    26  that has implemented a post contract review process  for  some  personal
    27  service  contracts  the  cost  of  those contracts continues to escalate
    28  every year well above the inflation rate. In addition the State  Finance
    29  Law  does  not  require state agencies to compare the cost or quality of
    30  personal services to be provided by consultants with the cost or quality
    31  of providing the same services by the state employees.  Numerous  audits
    32  by  the Office of State Comptroller as well as a KPMG study commissioned
    33  by the department of transportation have found  that  consultants  hired
    34  under  personal  service  contracts  can  cost between fifty percent and
    35  seventy-five percent more than state employees that do  the  exact  same
    36  work including the cost of state employee benefits. The Contract Disclo-
    37  sure  Law  (Chapter  10  of  the  laws of 2006) required consultants who
    38  provide personal services to file forms for each contract  that  outline
    39  how  many  consultants they hired, what titles they employed them in and
    40  how much they paid them. A review of these forms show that  the  average
    41  consultant  makes  about  fifty  percent more than state employees doing
    42  comparable work. It is in the public  interest  for  state  agencies  to
    43  compare the cost of doing work by consultants with the cost of doing the
    44  same  work  with state employees as well as document whether or not that
    45  such work can be done by state employees.  If state government is to  be
    46  smarter,  more  efficient,  and transparent then a cost benefit analysis
    47  process that makes its findings public should be required by law.
    48    § 2. Section 163 of the state finance law is amended by adding  a  new
    49  subdivision 16 to read as follows:
    50    16.  Consultant  services.  a.  Before  a  state  agency enters into a
    51  contract for consultant services which is anticipated to cost more  than
    52  seven  hundred fifty thousand dollars in a twelve month period the state
    53  agency shall conduct a cost comparison review to determine  whether  the
    54  services  to  be provided by the consultant can be performed at equal or

        A. 2005--B                         70
 
     1  lower cost by utilizing state employees, unless the contract  meets  one
     2  of  the exceptions set forth in paragraph g of this subdivision. As used
     3  in this section, the term "consultant services" shall mean any  contract
     4  entered  into  by  a  state  agency  for analysis, evaluation, research,
     5  training, data processing, computer programming, the design, development
     6  and implementation of technology, communications  or  telecommunications
     7  systems or the infrastructure pertaining thereto, including hardware and
     8  software,  engineering  including  inspection  and  professional  design
     9  services, health services, mental health services, accounting, auditing,
    10  or similar services and such services that are substantially similar  to
    11  and  in lieu of services provided, in whole or in part, by state employ-
    12  ees, but shall not include legal services or services in connection with
    13  litigation including expert witnesses and shall  not  include  contracts
    14  for  construction of public works. For purposes of this subdivision, the
    15  costs of performing the services by state employees  shall  include  any
    16  salary,  pension costs, all other benefit costs, costs that are required
    17  for equipment, facilities and all other overhead. The costs of  consult-
    18  ant  services  shall  include  the  total cost of the contract including
    19  costs that are required for equipment, facilities and all other overhead
    20  and any continuing state costs directly  associated  with  a  contractor
    21  providing  a  contracted  function  including, but not limited to, those
    22  costs for inspection, supervision, monitoring of the  contractor's  work
    23  and any pro rata share of existing costs or expenses, including adminis-
    24  trative  salaries  and  benefits,  rent,  equipment costs, utilities and
    25  materials. The cost comparison shall be expressed where feasible  as  an
    26  hourly  rate,  or  where  such a calculation is not feasible, as a total
    27  estimated cost for the anticipated term of the contract.
    28    b. Prior to entering any consultation services contract for the priva-
    29  tization of a state service that is not currently privatized, the  state
    30  agency  shall  develop  a  cost comparison review in accordance with the
    31  provisions of paragraph a of this subdivision.
    32    c. (i) If such cost comparison review identifies a cost savings to the
    33  state of ten percent or more, and such consultant services contract will
    34  not diminish the quality of such service, the state agency shall develop
    35  a business plan, in accordance with the provisions  of  paragraph  d  of
    36  this  subdivision,  in order to evaluate the feasibility of entering any
    37  such contract and to identify the potential results,  effectiveness  and
    38  efficiency of such contract.
    39    (ii)  If such cost comparison review identifies a cost savings of less
    40  than ten percent to the state and such consultant services contract will
    41  not diminish the quality of such service, the state agency may develop a
    42  business plan, in order to evaluate the feasibility of entering any such
    43  contract and to identify the potential results, effectiveness and  effi-
    44  ciency  of  such contract, provided there is a significant public policy
    45  reason to enter into such consultant services contract.
    46    (iii) If any such proposed consultant services contract  would  result
    47  in  the  layoff,  transfer or reassignment of fifty or more state agency
    48  employees, after consulting with  the  potentially  affected  bargaining
    49  units, if any, the state agency shall notify the state employees of such
    50  bargaining  unit,  after  such cost comparison review is completed. Such
    51  state agency shall provide an opportunity for said employees  to  reduce
    52  the  costs  of  conducting  the  operations to be privatized and provide
    53  reasonable resources for the purpose of encouraging and  assisting  such
    54  state  employees  to  organize  and submit a bid to provide the services
    55  that are the subject of the potential consultant services contact.

        A. 2005--B                         71
 
     1    d. Any business plan developed by a state agency for  the  purpose  of
     2  complying  with  paragraph  c of this subdivision shall include: (i) the
     3  cost comparison review as described in paragraph b of this  subdivision,
     4  (ii)  a  detailed  description  of  the  service or activity that is the
     5  subject  of  such business plan, (iii) a description and analysis of the
     6  state agency's current performance of such service or activity, (iv) the
     7  goals to be achieved through the proposed consultant  services  contract
     8  and the rationale for such goals, (v) a description of available options
     9  for  achieving such goals, (vi) an analysis of the advantages and disad-
    10  vantages of each option, including, at a minimum, potential  performance
    11  improvements  and  risks  attendant  to  termination  of the contract or
    12  rescission of such contract, (vii) a description of the  current  market
    13  for  the  services  or  activities that are the subject of such business
    14  plan, (viii) an analysis of the quality of services as gauged by  stand-
    15  ardized  measures  and  key  performance  requirements including compen-
    16  sation, turnover, and staffing ratios, (ix) a description of the specif-
    17  ic results based performance standards that shall, at a minimum be  met,
    18  to  ensure  adequate performance by any party performing such service or
    19  activity, (x) the projected time frame for key events from the beginning
    20  of the procurement process through the  expiration  of  a  contract,  if
    21  applicable, (xi) a specific and feasible contingency plan that addresses
    22  contractor nonperformance and a description of the tasks involved in and
    23  costs  required  for implementation of such plan, and (xii) a transition
    24  plan, if appropriate, for addressing changes in  the  number  of  agency
    25  personnel,  affected business processes, employee transition issues, and
    26  communications with affected stakeholders, such as  agency  clients  and
    27  members of the public, if applicable. Such transition plan shall contain
    28  a  reemployment and retraining assistance plan for employees who are not
    29  retained by the state or employed by the contractor. If any part of such
    30  business plan is based upon evidence that the state agency is not suffi-
    31  ciently staffed to provide  the  services  required  by  the  consultant
    32  services contract, the state agency shall also include within such busi-
    33  ness plan a recommendation for remediation of the understaffing to allow
    34  such services to be provided directly by the state agency in the future.
    35    e.  Upon  the completion of such business plan, the state agency shall
    36  submit the business plan to the state comptroller.
    37    f. (i) Not later than sixty days after receipt of any  business  plan,
    38  the  state  comptroller  shall  transmit  a report detailing its review,
    39  evaluation and disposition regarding such business  plan  to  the  state
    40  agency that submitted such cost comparison review. Such sixty-day period
    41  may  be  extended  for  an additional thirty days upon a showing of good
    42  cause.
    43    (ii) The state comptroller's report shall include  the  business  plan
    44  prepared  by  the state agency, the reasons for approval or disapproval,
    45  any recommendations or other information to assist the state  agency  in
    46  determining  if  additional  steps  are necessary to move forward with a
    47  consultant services contract.
    48    (iii) If the state comptroller does not act on a business plan submit-
    49  ted by a state agency within ninety days of  receipt  of  such  business
    50  plan, such business plan shall be deemed approved.
    51    g.  A  cost comparison shall not be required if the contracting agency
    52  demonstrates:
    53    (i) the services are incidental to the purchase of  real  or  personal
    54  property; or
    55    (ii)  the contract is necessary in order to avoid a conflict of inter-
    56  est on the part of the agency or its employees; or

        A. 2005--B                         72
 
     1    (iii) the services are of such a highly specialized nature that it  is
     2  not  feasible  to  utilize  state  employees  to perform them or require
     3  special equipment that is not feasible for  the  state  to  purchase  or
     4  lease; or
     5    (iv) the services are of such an urgent nature that it is not feasible
     6  to utilize state employees; or
     7    (v)  the  services are anticipated to be short term and are not likely
     8  to be extended or repeated after the contract is completed; or
     9    (vi) a quantifiable improvement in services that cannot be  reasonably
    10  duplicated.
    11    h. Nothing in this section shall be deemed to authorize a state agency
    12  to enter into a contract which is otherwise prohibited by law.
    13    i.  All  documents  related  to  the cost comparison and business plan
    14  required by this subdivision and the  determinations  made  pursuant  to
    15  paragraph  g  of  this  subdivision  shall  be public records subject to
    16  disclosure pursuant to article six of the public officers law.
    17    § 3. On or before  December  31,  2022  the  state  comptroller  shall
    18  prepare  a report, to be delivered to the governor, the temporary presi-
    19  dent of the senate and the speaker of the assembly.  Such  report  shall
    20  include, but need not be limited to, an analysis of the effectiveness of
    21  the  cost  comparison review program and an analysis of the cost savings
    22  associated with performing such cost comparison.
    23    § 4. This act shall take effect on the ninetieth day  after  it  shall
    24  have  become a law and shall apply to all contracts solicited or entered
    25  into by state agencies after the effective date of this  act;  provided,
    26  however,  the amendments to section 163 of the state finance law made by
    27  section two of this act shall not affect the repeal of such section  and
    28  shall be deemed repealed therewith.
    29    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    30  sion,  section  or  part  of  this act shall be adjudged by any court of
    31  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    32  impair,  or  invalidate  the remainder thereof, but shall be confined in
    33  its operation to the clause, sentence, paragraph,  subdivision,  section
    34  or part thereof directly involved in the controversy in which such judg-
    35  ment shall have been rendered. It is hereby declared to be the intent of
    36  the  legislature  that  this  act  would  have been enacted even if such
    37  invalid provisions had not been included herein.
    38    § 3. This act shall take effect immediately  provided,  however,  that
    39  the  applicable  effective date of Parts A through CCC of this act shall
    40  be as specifically set forth in the last section of such Parts.
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