STATE OF NEW YORK
________________________________________________________________________
8434
2019-2020 Regular Sessions
IN ASSEMBLY
June 21, 2019
___________
Introduced by M. of A. WEINSTEIN -- (at request of the Budget Article
VII) -- read once and referred to the Committee on Ways and Means
AN ACT to amend chapter 54 of the laws of 2019, enacting the capital
projects budget, in relation to the support of government
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of chapter 54 of the laws of 2019, enacting the
2 capital projects budget, is amended by repealing the items hereinbelow
3 set forth in brackets and by adding to such section the other items
4 underscored in this section.
5 DEPARTMENT OF AGRICULTURE AND MARKETS
6 CAPITAL PROJECTS 2019-20
7 For the comprehensive construction programs, purposes and
8 projects as herein specified in accordance with the
9 following:
10 APPROPRIATIONS REAPPROPRIATIONS
11 Capital Projects Funds - Other ..... [9,415,000] 36,482,000
12 19,415,000
13 ---------------- ----------------
14 All Funds ........................ [9,415,000] 36,482,000
15 19,415,000
16 ================ ================
17 NEW FACILITIES PURPOSE (CCP) .................. 10,000,000
18 --------------
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12039-01-9
A. 8434 2
1 Capital Projects Funds - Other
2 Capital Projects Fund
3 New Facilities Purpose
4 For payment to agricultural or horticultural
5 corporations and county extension service
6 associations that are eligible to receive
7 premium reimbursement pursuant to section
8 286 of the agriculture and markets law
9 for: the costs of construction, reno-
10 vation, alteration, rehabilitation,
11 improvements, installation, acquisition,
12 repair or replacement of fairground build-
13 ings, equipment or permanent or temporary
14 facilities used to house or promote agri-
15 culture, excluding parking facilities and
16 signage; or for the costs of construction,
17 renovation, alteration, rehabilitation,
18 improvements, installation, acquisition,
19 repair or replacement of water systems,
20 restrooms, septic systems, and/or storm
21 water management systems on fairgrounds or
22 in fairground buildings to be allocated by
23 the commissioner in amounts not to exceed
24 $200,000 to such eligible agricultural and
25 horticultural corporations or county
26 extension services on a non-competitive
27 basis until such funds are exhausted
28 (60LF1903) ................................... 5,000,000
29 For grants to municipal and incorporated
30 not-for-profit pounds, shelters and humane
31 societies. Use of the grant funds is
32 restricted to the costs of capital
33 projects including, but not limited to,
34 construction, renovation, rehabilitation,
35 installation, acquisition, or expansion of
36 buildings, equipment, or facilities neces-
37 sary for the secure containment, health,
38 and adequate care of sheltered dogs and
39 cats. These grants shall be allocated by
40 the commissioner on a competitive basis
41 until such funds are extinguished as
42 follows: (a) In municipalities with a
43 population of less than two million, for
44 such pounds, shelters or humane societies
45 that are operated by or under contract for
46 the provision of pound or shelter services
47 with one or more municipalities: projects
48 serving an individual municipality, grants
49 in amounts not less than $50,000 and not
50 more than $200,000, not to exceed fifty
51 percent of the total project cost; and for
52 projects serving two or more munici-
53 palities, grants in amounts not less than
54 $100,000 and not more than $500,000, not
55 to exceed seventy-five percent of the
A. 8434 3
1 total project cost; (b) In municipalities
2 with a population of more than two
3 million, for such pounds, shelters or
4 humane societies that are operated by or
5 under contract for the provision of pound
6 or shelter services with one or more muni-
7 cipalities, grants in amounts not less
8 than $100,000 and not more than $500,000,
9 not to exceed seventy-five percent of the
10 total project cost; and (c) to the extent
11 such funds have not been extinguished, for
12 projects in underserved municipalities or
13 regions, for such pounds, shelters or
14 humane societies that are not operated by
15 or under contract with one or more munici-
16 palities for the provision of pound or
17 shelter services, grants in amounts not
18 more than $50,000, not to exceed fifty
19 percent of the total project cost. Up to
20 five percent of the total appropriation
21 amount may be made available for the
22 services and expenses of the department in
23 relation to these grants, including
24 personal service, non-personal service,
25 fringe benefits, and indirect costs
26 (60AS1903) ................................... 5,000,000
27 EDUCATION DEPARTMENT
28 CAPITAL PROJECTS 2019-20
29 For the comprehensive construction programs, purposes and
30 projects as herein specified in accordance with the
31 following:
32 APPROPRIATIONS REAPPROPRIATIONS
33 Capital Projects Funds - Other ..... [101,200,000] 3,944,883,000
34 141,200,000
35 ---------------- ----------------
36 All Funds ........................ [101,200,000] 3,944,883,000
37 141,200,000
38 ================ ================
39 LIBRARY CONSTRUCTION (CCP) ................... [14,000,000] 34,000,000
40 --------------
41 Capital Projects Funds - Other
42 Capital Projects Fund - 30000
43 Program Improvement/Change Purpose
44 For total approved project costs pursuant to
45 section 273-a of the education law, for
46 approved projects, excluding feasibility
47 studies, plans or similar activities, for
48 the acquisition of vacant land and the
A. 8434 4
1 acquisition, construction, renovation or
2 rehabilitation, including leasehold
3 improvements, of buildings of public
4 libraries and library systems chartered by
5 the regents of the state of New York or
6 established by an act of the legislature,
7 subject to distribution provisions in
8 subdivision 5 of section 273-a of the
9 education law on and upon approval by the
10 commissioner (11011908) (23486) ............. 14,000,000
11 For additional total approved project costs
12 pursuant to section 273-a of the education
13 law, for approved projects, excluding
14 feasibility studies, plans or similar
15 activities, for the acquisition of vacant
16 land and the acquisition, construction,
17 renovation or rehabilitiation, including
18 leasehold improvements, of buildings of
19 public libraries and library systems char-
20 tered by the regents of the state of New
21 York or established by an act of the
22 legislature, subject to distribution
23 provisions in subdivision 5 of section
24 273-a of the education law and upon
25 approval by the commissioner (11001908)
26 (55925) ..................................... 20,000,000
27 MATCHING GRANTS FOR SAFETY AND SECURITY PROJECTS FOR AT
28 RISK FACILITIES (CCP) ..................................... 20,000,000
29 Capital Projects Funds - Other
30 Capital Projects Fund - 30000
31 Program Improvement/Change Purpose
32 For a competitive grant program to provide
33 safety and security projects at nonpublic
34 schools and day camps at risk of hate
35 crimes or attacks because of their ideol-
36 ogy, beliefs or mission. Provided that an
37 assessment of facilities at risk may
38 include, but not be limited to, consider-
39 ations of the vulnerabilities of the
40 organization based on its location and
41 membership, and the potential consequences
42 of a hate crime or attack at the facility.
43 Provided further that recipients of such
44 grants may be required to commit to under-
45 take matching safety and security projects
46 in an amount established in the request
47 for applications for such grants. The
48 amount appropriated herein may be trans-
49 ferred or suballocated to the division of
50 homeland security and emergency services
51 to accomplish the intent of this appropri-
52 ation ....................................... 20,000,000
A. 8434 5
1 DEPARTMENT OF HEALTH
2 CAPITAL PROJECTS - REAPPROPRIATIONS 2019-20
3 HEALTH CARE FACILITY TRANSFORMATION PROGRAM (CCP)
4 Capital Projects Funds - Other
5 Capital Projects Fund - 30000
6 Health Care System Improvement Purpose
7 The appropriation made by chapter 54, section 1, of the laws of 2018, as
8 amended by chapter 54, section 1, of the laws of 2019, is hereby
9 amended and reappropriated to read:
10 For payments and grants to support health care facility transformation
11 statewide. Notwithstanding section 163 of the state finance law or
12 any other provision of law to the contrary, this appropriation may
13 be used to fund payments and or grants, including up to $5,000,000
14 to regional perinatal care centers or other health providers to
15 establish telehealth applications, made by the commissioner of
16 health in his or her sole discretion, without a competitive bid or
17 request for proposal process, to eligible applicants as determined
18 by the commissioner of health for the purposes that strengthen and
19 protect continued access to health care services in communities
20 including but not limited to children's residential treatment facil-
21 ities. Such purposes may include debt retirement and capital
22 projects or non-capital projects that facilitate health care trans-
23 formation activities including, merger, consolidation, acquisition
24 or other activities intended to: create financially sustainable
25 systems of care; preserve or expand essential health care services;
26 modernize obsolete facility physical plants and infrastructure;
27 foster participation in alternative payment arrangements, including
28 but not limited to contracts with managed care plans and accountable
29 care organizations; increase the quality of resident care or experi-
30 ence in residential health care facilities; or improve health infor-
31 mation technology infrastructure, including telehealth, to strength-
32 en the acute, post-acute care, primary care, and longterm care
33 continuum. Grants shall not be available to support general operat-
34 ing expenses.
35 The commissioner and the president of the dormitory authority of the
36 state of New York shall enter into an agreement, subject to the
37 approval of the director of the budget, and subject to section
38 1680-r of the public authorities law, for the purposes of awarding,
39 distributing, and administering the funds made available pursuant to
40 this appropriation.
41 In determining awards for eligible applicants under this appropri-
42 ation, the commissioner of health shall consider criteria including,
43 but not limited to:
44 (a) The extent to which the proposed project will contribute to the
45 integration of health care services or the long term sustainability
46 of the applicant or preservation of essential health services in the
47 community or communities served by the applicant;
48 (b) The extent to which the proposed project or purpose is aligned
49 with delivery system reform incentive payment ("DSRIP") program
50 goals and objectives;
51 (c) The geographic distribution of funds;
A. 8434 6
1 (d) The relationship between the proposed project and identified
2 community need;
3 (e) The extent to which the applicant has access to alternative
4 financing;
5 (f) The extent to which the proposed project furthers the development
6 of primary care and other outpatient services;
7 (g) The extent to which the proposed project benefits medicaid enrol-
8 lees and uninsured individuals;
9 (h) The extent to which the applicant has engaged the community
10 affected by the proposed project and the manner in which community
11 engagement has shaped such project; and
12 (i) The extent to which the proposed project addresses potential risk
13 to patient safety and welfare.
14 Notwithstanding any inconsistent provision of law to the contrary, and
15 upon approval of the director of the budget, the commissioner may
16 award up to $300,000,000 of the funds made available pursuant to
17 this appropriation for unfunded project applications submitted in
18 response to the request for applications number 17648 issued by the
19 department on January 8, 2018 pursuant to section 2825-e of the
20 public health law.
21 Authorized amounts to be awarded pursuant to applications submitted in
22 response to the request for application number 17648 shall be
23 awarded no later than [May] September 1, 2019.
24 The department shall provide a report on a quarterly basis to the
25 chairs of the senate finance, assembly ways and means, and senate
26 health and assembly health committees, until such time as the
27 department determines that the projects that receive funding pursu-
28 ant to this appropriation are substantially complete. Such reports
29 shall be submitted no later than sixty days after the close of the
30 quarter, and shall include, for each award, the name of the appli-
31 cant, a description of the project or purpose, the amount of the
32 award, disbursement date, and status of achievement of process and
33 performance metrics and milestones pursuant to subdivision 6 of
34 section 2825-f of the public health law.
35 Within amounts appropriated herein, a minimum of $45,000,000 shall be
36 made available for grant awards to residential health care facili-
37 ties, up to $20,000,000 may be made available for grant awards made
38 pursuant to paragraphs (l) and (m) of subdivision 3 of section 461-l
39 of the social services law, pursuant to criteria to be determined by
40 the commissioner and a minimum of $60,000,000 shall be made avail-
41 able for grant awards to community-based health care providers which
42 shall be defined as a diagnostic and treatment center licensed or
43 granted an operating certificate under article 28 of the public
44 health law, a mental health clinic licensed or granted an operating
45 certificate under article 31 of the mental hygiene law, a substance
46 use disorder treatment clinic licensed or granted an operating
47 certificate under article 32 of the mental hygiene law, a primary
48 care provider, a home care provider certified or licensed pursuant
49 to article 36 of the public health law, a facility granted an oper-
50 ating certificate under article 16 of the mental hygiene law or
51 hospices licensed or granted an operating certificate pursuant to
52 article 40 of the public health law.
53 The dormitory authority may issue bonds for such purposes up to the
54 amount appropriated herein. No expenditures may be made from this
55 appropriation to a facility until a facility specific plan has been
56 submitted to the department of health and has been approved by the
A. 8434 7
1 director of the budget (12SW18HE) (26668) ..........................
2 525,000,000 ..................................... (re. $525,000,000)
3 DIVISION OF HOUSING AND COMMUNITY RENEWAL
4 CAPITAL PROJECTS 2019-20
5 For the comprehensive construction programs, purposes and
6 projects as herein specified in accordance with the
7 following:
8 APPROPRIATIONS REAPPROPRIATIONS
9 Capital Projects Funds - Other ..... [174,200,000] 2,904,753,000
10 294,200,000
11 Capital Projects Funds - Federal ... 0 10,027,000
12 ---------------- ----------------
13 All Funds ........................ [174,200,000] 2,914,780,000
14 294,200,000
15 ================ ================
16 NEW YORK CITY HOUSING AUTHORITY PROGRAM (CCP) .............. 100,000,000
17 --------------
18 Capital Projects Funds - Other
19 Housing Program Fund
20 New Facilities Purpose
21 For the purposes of capital projects and
22 other improvements to address issues
23 including, but not limited to lead at
24 housing developments owned or operated by
25 the New York city housing authority,
26 pursuant to a plan approved by the direc-
27 tor of the budget, in consultation with
28 the New York city housing authority chair
29 and the dormitory authority of the state
30 of New York. The amounts appropriated
31 herein may be suballocated or transferred
32 to any state department, agency, or public
33 authority for the purposes stated herein ... 100,000,000
34 PUBLIC HOUSING PRESERVATION PROGAM (CCP) .................... 20,000,000
35 --------------
36 Capital Projects Funds - Other
37 Housing Program Fund
38 Housing Trust Fund Corporation Account - 31851
39 Preservation of Facilities Purpose
40 For the purpose of substantial or moderate
41 rehabilitation and/or the demolition and
42 replacement through new construction of
43 site-specific multi-family rental housing
44 currently owned by public housing authori-
45 ties outside of New York city, or any
A. 8434 8
1 affordable, low-income or senior housing
2 related purpose, including disaster recov-
3 ery, outside of New York city. The amounts
4 appropriated herein may be suballocated or
5 transferred to any state department, agen-
6 cy, or public authority for the purposes
7 stated herein ............................... 20,000,000
8 NEW YORK STATE URBAN DEVELOPMENT CORPORATION
9 CAPITAL PROJECTS 2019-20
10 For the comprehensive construction programs, purposes and
11 projects as herein specified in accordance with the
12 following:
13 APPROPRIATIONS REAPPROPRIATIONS
14 [820,331,000]
15 Capital Projects Funds - Other ..... 1,320,331,000 7,570,214,000
16 ---------------- ----------------
17 [820,331,000]
18 All Funds ........................ 1,320,331,000 7,570,214,000
19 ================ ================
20 ECONOMIC DEVELOPMENT (CCP) ................. [820,331,000] 1,320,331,000
21 --------------
22 Capital Projects Funds - Other
23 Capital Projects Fund - 30000
24 Economic Development Purpose
25 Notwithstanding any inconsistent provision
26 of law, for services and expenses, loans,
27 grants, and costs associated with program
28 administration, of projects and purposes
29 authorized below, including the payment of
30 liabilities incurred prior to April 1,
31 2019. All or a portion of the funds appro-
32 priated hereby may be suballocated or
33 transferred to any department, agency, or
34 public authority, according to the follow-
35 ing:
36 The sum of $500,000,000 is hereby appropri-
37 ated for the New York Works Economic
38 Development Fund. Funds appropriated here-
39 in shall be for services and expenses,
40 loans, and grants, related to the New York
41 Works Economic Development Fund, provided
42 that up to $425,000,000 shall be available
43 from this appropriation for the
44 construction of an entrance to Pennsylva-
45 nia Station at the southwest corner of the
46 intersection of West 33rd Street and 7th
47 Avenue and other related improvements and
48 expenses (91161909) (47006) ................ 500,000,000
A. 8434 9
1 DEPARTMENT OF TRANSPORTATION
2 CAPITAL PROJECTS 2019-20
3 For the comprehensive construction programs, purposes and
4 projects as herein specified in accordance with the
5 following:
6 APPROPRIATIONS REAPPROPRIATIONS
7 Capital Projects Funds - Other ..... [2,807,632,000] 8,732,092,000
8 2,892,632,000
9 Capital Projects Funds - Federal ... 2,526,000,000 8,923,848,000
10 Special Revenue Funds - Federal .... 19,241,000 93,621,000
11 Fiduciary Funds .................... 50,000,000 545,326,000
12 ---------------- ----------------
13 All Funds ........................ [5,402,873,000] 18,294,887,000
14 5,487,873,000
15 ================ ================
16 NEW YORK WORKS (CCP) ........................ [480,889,000] 500,889,000
17 --------------
18 Capital Projects Funds - Other
19 Capital Projects Fund - 30000
20 Non-MTA Capital Purpose
21 For the payment of the costs, which shall be
22 reimbused from bond proceeds, of the
23 reconstruction, improvement, rehablilita-
24 tion and maintenance of the existing
25 passenger rail system of the Niagara Fron-
26 tier transportation authority (17NF1931) .... 20,000,000
27 OTHER TRANSPORTATION AID (CCP) .............. [477,797,000] 542,797,000
28 --------------
29 Capital Projects Funds - Other
30 Capital Projects Fund - 30000
31 Highway Aid Purpose
32 For capital grants to municipalities for
33 extreme winter recovery:
34 The sum of $65,000,000 to municipalities for
35 reimbursement of eligible costs of local
36 highway and bridge projects pursuant to
37 section 16-a of chapter 329 of the laws of
38 1991, as added by section 9 of chapter 330
39 of the laws of 1991, as amended. For the
40 purposes of computing allocations to muni-
41 cipalities, the amount distributed pursu-
42 ant to section 16-a of chapter 329 of the
43 laws of 1991 shall be deemed to be
44 $65,000,000. To the extent that the total
45 of payment allocations calculated herein
46 varies from $65,000,000, the payment
A. 8434 10
1 amounts to each locality shall be adjusted
2 by a uniform percentage so that the total
3 payments equal $65,000,000.
4 Payments shall be made on the fifteenth day
5 of June, September, December and March
6 (17EW1921) (53160) .......................... 65,000,000
7 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
8 HIGHER EDUCATION FACILITIES CAPITAL MATCHING GRANTS PROGRAM
9 CAPITAL PROJECTS 2019-20
10 [APPROPRIATIONS REAPPROPRIATIONS
11 Capital Projects Funds - Other ..... 0 121,661,000
12 ---------------- ----------------
13 All Funds ........................ 0 121,661,000
14 ================ ================]
15 For the comprehensive construction programs, purposes and
16 projects as herein specified in accordance with the
17 following:
18 APPROPRIATIONSREAPPROPRIATIONS
19 Capital Projects Funds - Other ..... 30,000,000121,661,000
20 ---------------- ----------------
21 All Funds ........................ 30,000,000121,661,000
22 ================ ================
23 HIGHER EDUCATION CAPITAL MATCHING GRANTS (CCP) .............. 30,000,000
24 --------------
25 Capital Projects Funds - Other
26 Capital Projects Fund - 30000
27 Capital Matching Grants Purpose
28 The sum of $30,000,000 is hereby appropri-
29 ated for the higher education facilities
30 capital matching grants program. Awards
31 and grants shall be administered by the
32 New York state higher education capital
33 matching grant board created pursuant to
34 part U of chapter 63 of the laws of 2005
35 as amended (MG0919MG) ....................... 30,000,000
36 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
37 LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT
38 CAPITAL PROJECTS 2019-20
39 For the comprehension construction programs, purposes, and
40 projects as herein specified in accordance with the
41 following:
A. 8434 11
1 APPROPRIATIONSREAPPROPRIATIONS
2 Capital Projects Funds - Other...... 100,000,0000
3 ---------------- ----------------
4 All Funds......................... 100,000,0000
5 ================ ================
6 LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT (CCP) ..... 100,000,000
7 Capital Projects Funds - Other
8 Capital Projects Fund - 30000
9 Lake Ontario Resiliency and Economic Development Purpose
10 The sum of $100,000,000 is hereby appropri-
11 ated for Lake Ontario resiliency and
12 economic development projects and
13 purposes. Funds appropriated herein shall
14 be for services and expenses, loans,
15 grants, and costs of program adminis-
16 tration related to hardening infrastruc-
17 ture along the Lake Ontario waterfront and
18 strengthening local economies within the
19 region, including but not limited to
20 projects or priorities recommended by the
21 Lake Ontario Resiliency and Economic
22 Development Initiative Commission. All or
23 a portion of this appropriation may be
24 suballocated or transferred to any depart-
25 ment, agency, or public authority .......... 100,000,000
26 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
27 STATE AND MUNICIPAL FACILITIES PROGRAM
28 CAPITAL PROJECTS 2019-20
29 For the comprehensive construction programs, purposes, and
30 projects as herein specified in accordance with the
31 following:
32 APPROPRIATIONSREAPPROPRIATIONS
33 Capital Projects Funds - Other ..... 385,000,0001,931,987,000
34 ---------------- ----------------
35 All Funds ........................ 385,000,0001,931,987,000
36 ================ ================
37 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) ............... 385,000,000
38 --------------
39 Capital Projects Funds - Other
40 Capital Projects Fund - 30000
41 State and Municipal Facilities Purpose
42 For payment of the capital costs of
43 construction, improvement, rehabilitation
A. 8434 12
1 or reconstruction of facilities owned by
2 eligible entities; the acquisition of
3 capital facilities and assets by eligible
4 entities, including fixed capital assets;
5 the acquisition by eligible entities of
6 equipment and other capital assets,
7 including vehicles, in support of health,
8 safety, technology, or innovation; the
9 acquisition by an eligible entity of capi-
10 tal assets with a useful life of not less
11 than ten years purchased for the sole
12 purpose of preserving and protecting
13 infrastructure that is owned, controlled
14 or appurtenant to an eligible entity,
15 including but not limited to heavy duty
16 road maintenance and construction vehi-
17 cles, pavers, snow plows, street sweepers
18 and heavy duty fire, emergency response
19 and law enforcement vehicles; economic
20 development projects sponsored by the
21 state or municipal corporations, as
22 defined in section 2 of the general munic-
23 ipal law, that will create or retain jobs
24 in New York state as certified by the
25 commissioner of the department of economic
26 development; or environmental projects
27 sponsored by the state or municipal corpo-
28 rations as defined in section 2 of the
29 general municipal law. Eligible entities
30 shall consist of the state; municipal
31 corporations as defined in section 2 of
32 the general municipal law; sanitation
33 districts; special districts as defined in
34 subdivision 16 of section 102 of the real
35 property tax law; water and sewer
36 districts; the Metropolitan Transportation
37 Authority or any other public benefit
38 corporation established pursuant to titles
39 11, 11-A, 11-B, 11-C, or 11-D of the
40 public authorities law; a public benefit
41 corporation as defined in section 2 of
42 chapter 1016 of the laws of 1969; a
43 college or university established pursuant
44 to section 352 of the education law,
45 section 6203 of the education law or
46 section 6302 of the education law; an
47 independent not-for-profit institution of
48 higher education as defined in subdivision
49 2 of section 6401 of the education law;
50 public school districts; public housing
51 authorities; entities providing affordable
52 housing, public libraries and library
53 systems chartered by the regents of the
54 state of New York or established by an act
55 of the legislature; public park conservan-
56 cies or not-for-profit corporations organ-
A. 8434 13
1 ized for the purpose of investing in parks
2 owned by the state or municipal corpo-
3 rations, as defined in section 2 of the
4 general municipal law; and not-for-profit
5 fire districts, fire commissions, fire
6 companies, fire departments, volunteer
7 rescue and ambulance squads; and special
8 act school districts, schools for the
9 blind and deaf and other students with
10 disabilities subject to article 85 of the
11 education law, and private schools for
12 students with disabilities authorized
13 pursuant to chapter 853 of the laws of
14 1976.
15 Costs may include, but shall not be limited
16 to engineering services, construction,
17 project management, right-of-way acquisi-
18 tion, and work appurtenant and ancillary
19 thereto. Notwithstanding any inconsistent
20 provision of this appropriation or any
21 other provision of law, funds from this
22 appropriation may be made available for
23 Lake Ontario resiliency and economic
24 development projects and purposes, includ-
25 ing services and expenses, loans, grants,
26 and costs of program administration
27 related to hardening infrastructure along
28 the Lake Ontario waterfront and strength-
29 ening local economies within the region,
30 including but not limited to projects or
31 priorities recommended by the Lake Ontario
32 Resiliency and Economic Development Initi-
33 ative Commission. No funds from this
34 appropriation may be used as a required
35 match or be considered a local share to
36 other state programs or to leverage state
37 aid or grants including but not limited to
38 the apportionment of aid under the educa-
39 tion law. Notwithstanding any provision of
40 law to the contrary, funds appropriated
41 herein may, subject to the approval of the
42 director of the budget, be (i) inter-
43 changed, (ii) transferred from this appro-
44 priation to any other appropriation of any
45 state department, agency or public benefit
46 corporation, or (iii) suballocated to any
47 other state department, agency or public
48 benefit corporation, to achieve this
49 purpose (SM0120SM) (80001) ................. 385,000,000
50 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
51 STATE AND MUNICIPAL FACILITIES PROGRAM
A. 8434 14
1 CAPITAL PROJECTS - REAPPROPRIATIONS 2019-20
2 [APPROPRIATIONS REAPPROPRIATIONS
3 Capital Projects Funds - Other .... 0 1,931,987,000
4 ---------------- ----------------
5 All Funds ........................ 0 1,931,987,000
6 ================ ================]
7 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP)
8 Capital Projects Funds - Other
9 Capital Projects Fund - 30000
10 State and Municipal Facilities Purpose
11 The appropriation made by chapter 54, section 1, of the laws of 2017, as
12 amended by chapter 54, section 1, of the laws of 2019, is hereby
13 amended and reappropriated to read:
14 For payment of the capital costs of construction, improvement, reha-
15 bilitation or reconstruction of facilities owned by eligible enti-
16 ties; the acquisition of capital facilities and assets by eligible
17 entities, including fixed capital assets; the acquisition by eligi-
18 ble entities of equipment and other capital assets, including vehi-
19 cles, in support of health, safety, technology, or innovation; the
20 acquisition by an eligible entity of capital assets with a useful
21 life of not less than ten years purchased for the sole purpose of
22 preserving and protecting infrastructure that is owned, controlled
23 or appurtenant to an eligible entity, including but not limited to
24 heavy duty road maintenance and construction vehicles, pavers, snow
25 plows, street sweepers and heavy duty fire, emergency response and
26 law enforcement vehicles; economic development projects sponsored by
27 the state or municipal corporations, as defined in section 2 of the
28 general municipal law, that will create or retain jobs in New York
29 state as certified by the commissioner of the department of economic
30 development; or environmental projects sponsored by the state or
31 municipal corporations as defined in section 2 of the general munic-
32 ipal law. Eligible entities shall consist of the state; municipal
33 corporations as defined in section 2 of the general municipal law;
34 sanitation districts; special districts as defined in subdivision 16
35 of section 102 of the real property tax law; water and sewer
36 districts; the Metropolitan Transportation Authority or any other
37 public benefit corporation established pursuant to titles 11, 11-A,
38 11-B, 11-C, or 11-D of the public authorities law; a public benefit
39 corporation as defined in section 4 of chapter 1016 of the laws of
40 1969; a college or university established pursuant to section 352 of
41 the education law, section 6203 of the education law or section 6302
42 of the education law; an independent not-for-profit institution of
43 higher education as defined in subdivision 2 of section 6401 of the
44 education law; public school districts; public housing authorities;
45 public libraries and library systems chartered by the regents of the
46 state of New York or established by an act of the legislature;
47 public park conservancies or not for profit corporations organized
48 for the purpose of investing in parks owned by the state or munici-
49 pal corporations, as defined in section 2 of the general municipal
50 law; not for profit fire districts, fire commissions, fire compa-
A. 8434 15
1 nies, fire departments, volunteer rescue and ambulance squads; and
2 special act school districts, schools for the blind and deaf and
3 other students with disabilities subject to article 85 of the educa-
4 tion law, and private schools for students with disabilities author-
5 ized pursuant to chapter 853 of the laws of 1976.
6 Costs may include, but shall not be limited to engineering services,
7 construction, project management, right-of-way acquisition, and work
8 appurtenant and ancillary thereto. No funds from this appropriation
9 may be used as a required match or be considered a local share to
10 other state programs or to leverage state aid or grants including
11 but not limited to the apportionment of aid under the education law.
12 Notwithstanding any provision of law to the contrary, funds appro-
13 priated herein may, subject to the approval of the director of the
14 budget, be (i) interchanged, (ii) transferred from this appropri-
15 ation to any other appropriation of any state department, agency or
16 public benefit corporation, or (iii) suballocated to any other state
17 department, agency or public benefit corporation, to achieve this
18 purpose. Notwithstanding the foregoing, any limitations contained
19 therein or any other inconsistent provision of law, funds from this
20 appropriation shall also be available, including for payment of
21 liabilities incurred or payments made prior to April 1, 2017, (i)
22 for any purpose, individual, or entity authorized under the Lake
23 Ontario-St. Lawrence Seaway flood relief and recovery grant program
24 established pursuant to a chapter of the laws of 2017, subject to
25 the approval of the director of the budget, (ii) for payment of the
26 costs of other storm recovery and mitigation projects, not to exceed
27 10,000,000 dollars in the aggregate to municipalities and special
28 districts in (a) the counties of Chautauqua, Cattaraugus and Allega-
29 ny for damages sustained as a result of a severe storm and flooding
30 which occurred July 14 and 15, 2015, in an amount not less than
31 6,800,000 dollars or (b) the county of Monroe for damages resulting
32 from a severe storm which occurred March 8 and 9, 2017, in an amount
33 not to exceed 2,000,000 dollars subject to the approval of the
34 director of the budget, [and] (iii) for any purpose, individual, or
35 entity authorized under the Southern Tier-Finger Lakes recovery
36 program, as administered by the Housing Trust Fund Corporation, for
37 damages sustained as a result of a severe storm and flooding which
38 occurred August 13 thru 15, 2018, in an amount not to exceed
39 $13,000,000, and (iv) for any purpose, individual, or entity author-
40 ized under the Lake Ontario-St. Lawrence Seaway flood relief and
41 recovery grant program established pursuant to chapter 85 of the
42 laws of 2017, as amended by chapter 61 of the laws of 2017, as
43 amended by chapter 59 of the laws of 2018, for damages sustained as
44 a result of severe storms and flooding which occurred between Janu-
45 ary 1, 2019 and December 31, 2019. Notwithstanding any other law to
46 the contrary, the amounts appropriated herein may be suballocated or
47 transferred to any state department, agency, or public authority for
48 the purposes stated herein (SM0117SM) (80001) ......................
49 398,500,000 ..................................... (re. $386,500,000)
50 § 2. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2019.
