2023-R555

Senate budget resolution in response to the 2023-2024 Executive Budget submission

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2023-R555


Senate Resolution No. 555

BY: Senator STEWART-COUSINS

RESOLUTION in response to the 2023-2024 Executive
Budget submission (Legislative Bills S.4000-A,
S.4001, S.4002, S.4003-A, S.4004-A, S.4005-A,
S.4006-A, S.4007-A, S.4008-A, S.4009-A) to be
adopted as legislation expressing the position of
the New York State Senate relating to the 2023-2024
New York State Budget

WHEREAS, It is the intent of the Senate to effectuate the timely
passage of a State Budget; and

WHEREAS, It is the intent of the Senate to engage in the Budget
Conference Committee process, which promotes increased participation by
the members of the Legislature and the public; and

WHEREAS, The Senate Finance Committee has conducted an extensive study
and review of the Governor's 2023-2024 Executive Budget submission and
has recommended proposed amendments to such Budget submission in the
above referenced Legislative Bills and Report on the Executive Budget;
and

WHEREAS, Article VII of the New York State Constitution provides the
framework under which the New York State Budget is submitted, amended
and enacted. The New York State Courts have limited the Legislature in
how it may change the appropriations bills submitted by the Governor.
The Legislature can delete or reduce items of appropriation contained in
the several appropriation bills submitted by the Governor in conjunction
with the Executive Budget, and it can add additional items of
appropriation to those bills provided that such additions are stated
separately and distinctly from the original items of the bill and refer
each to a single object or purpose; and

WHEREAS, An extensive study and review of the Governor's 2023-2024
Executive Budget submission has revealed that the construction of the
budget bills submitted to the Legislature by the Governor constrains the
Legislature in its ability to fully effectuate its intent in amending
the Governor's budget submission; and

WHEREAS, The Senate has amended the Governor's 2023-2024 Executive
Budget submission to the fullest extent possible within the authority
provided to it pursuant to Section 4 of Article VII of the New York
State Constitution; and

WHEREAS, The Senate, in addition to the Governor's 2023-2024 Executive
Budget submission bills as amended by the Senate in the above referenced
legislative bills, does hereby provide its recommendations as to
provisions in the Governor's 2023-2024 Executive Budget submission which
reflect those items the Senate is constrained from effectuating as
amendments to the 2023-2024 Executive Budget appended hereto; and

WHEREAS, It is the intent of the Senate that upon the passage of the
Governor's 2023-2024 Executive Budget submission as amended by the

Senate, the incorporated Report on the Amended Executive Budget may
provide a basis for both houses of the Legislature to convene Committees
on Conference pursuant to Joint Rule III of the Senate and Assembly for
the purpose of reconciling any differences between the amendments to the
Governor's budget as proposed by each house of the Legislature; now,
therefore, be it

RESOLVED, That the above referenced Legislative Bills be and are
incorporated as part of this resolution and are hereby adopted as the
New York State Senate's budget proposal for the 2023-2024 New York State
Budget.

REPORT ON THE AMENDED EXECUTIVE BUDGET

ALL STATE AGENCIES AND OPERATIONS

Adirondack Park Agency

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $6.3
million.

Aging, Office for the

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$12.8 million.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $291
million as follows:
o Adds $15 million to support Community Services for the Elderly
Program.
o Adds $13 million to support an 8.5 percent Cost of Living
Adjustment.
o Adds $5 million to support Guardianship providers services.
o Adds $3 million to support Naturally Occurring Retirement
Community (NORC) and Neighborhood NORC Programs.
o Adds $2 million to support the Long Term Care Ombudsman Program.
o Adds $1.9 million to support Legislative Grants, including
$900,000 to support a restoration of prior year Legislative
Grants.
o Adds $1.6 million to support the Holocaust Survivors Initiative,
including $700,000 to support a restoration of prior year Senate
Legislative Grants.

Article VII Proposal (S.4007-B)
* PART G -- The Senate accepts the Executive proposal to lower the
income threshold for private pay protocols for Area Agencies on
Aging from 400 percent of the Federal Poverty Level to 250 percent
to allow more seniors the option of accessing and receiving services
via private payment.
* PART Z -- The Senate modifies the Executive proposal requiring
assisted living residences to report to the Department of Health on
quality measures which the Department will use to grant an advanced
standing classification by omitting the provisions related to
modified inspection schedules for facilities with advanced standing

classification or that obtain accreditation from a nationally
recognized accreditor.

Agriculture and Markets, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $182.5
million.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $67.9 million as
follows:
o Restores:
-$4 million for socially and economically disadvantaged
farmers.
-$1 million for beginning farmer.
-$481,000 for the Cornell Vet Diagnostic Lab.
-$300,000 for Cornell hops breeding research.
-$250,000 for the pro-dairy climate specialist.
-$199,000 for Cornell farm labor specialist.
-$100,000 for the John May farm safety fund.
-$100,000 for Black Farmers United.
-$75,000 for Cornell maple research.
-$75,000 for Cornell vegetable research.
-$75,000 for the Maple Producers Association.
-$50,000 for Cornell concord grape research.
-$50,000 for Cornell Geneva barley experimentation.
-$50,000 for Empire Sheep producers.
-$50,000 for the Hop Growers of New York.
-$20,000 for Cornell onion research.
-$20,000 for Teens for Food Justice.
o Provides Additional:
-$1.5 million for the Farm Viability Institute.
-$1 million for Cornell to study the ecological impacts of
agrivoltaics.
-$850,000 for the Farmland for a New Generation program.
-$517,000 for the Apple Growers Association.
-$500,000 for the Cornell livestock systems team.
-$500,000 for Grow NYC.
-$200,000 for the Northeast Organic Farmers Association.
-$200,000 for the Turfgrass Environmental Stewardship Fund.
-$125,000 for the Wine and Grape Foundation.
-$100,000 for the Cannabis Growers Association.
-$74,000 for the Cider Association.
-$24,000 for the Brewers Association.
-$24,000 for the Distillers Guild.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $46.6 million as
follows:
o Restores:
-$5 million for Cornell Climate Adaptive Farms.
-$5 million for local fairs.
-$3 million for the companion animal fund.
o Adds:
-$1 million for a Hudson Valley research lab.
-$465,000 for Grow NYC for a Regional Food Hub in Hunts Point.

Article VII Proposal (S.4008-B)
* PART OO -- The Senate modifies the Executive proposal to authorize
local governments, school districts, and BOCES to purchase up to
$250,000 of food grown, produced, or harvested in New York without a
formal competitive process by adding language to direct New York
State agencies and related entities to increase the percentage of
food they source from New York producers to 30 percent (amended
version of S.3125).

Alcoholic Beverage Control, Division of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of $5
million, a decrease of $45 million or 90 percent from SFY 2022-23
levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$78.2 million, an increase of $15.8 million or 25.2 percent from SFY
2022-23 levels.

Article VII Proposals (S.4005-B)
* PART K -- The Senate intentionally omits the Executive proposal
requiring the State Liquor Authority to draft and post a technical
rewrite of the Alcoholic Beverage Control Law and anticipates
reviewing SLA's language when it is presented to the Legislature.
* PART L -- The Senate modifies the Executive proposal to create a new
wholesale temporary permit by lengthening the duration of such
permits.
* PART M -- The Senate intentionally omits the Executive proposal to
grant automatic approvals for applications for corporate changes
that do not violate the Alcoholic Beverage Control Law.
* PART N -- The Senate intentionally omits the Executive proposal to
allow license applicants to notify municipalities of their
application on the same day they apply.
* PART O -- The Senate modifies the Executive proposal to permanently
extend and amend the temporary retail permit program by omitting
language that would have expanded the eligible locations in New York
City and limiting the increase in the length of extension to
applications for locations outside New York City.

Addiction Services and Supports, Office of

State Operations (S.4000-B)
* The Senate concurs with the All Funds recommendation of $174.6
million.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $968.6
million as follows:
o Adds $40 million to support the Opioid Settlement Fund with
appropriation language to support programs recommended by the
Opioid Advisory Board. The Senate is open to further
discussions on further supporting harm reduction strategies.
o Adds $34 million to support an 8.5 percent Cost of Living
Adjustment.
o Adds $5 million to support Legislative Grants.

-$3 million to support restoration of prior year Legislative
Grants.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$92 million.

Article VII Proposal (S.4007-B)
* NEW PART MM -- The Senate advances language to allow for the
expansion of treatment services provided at the Office of Addiction
Services and Supports treatment centers to include treatment for
mental health and physical health care needs of the individual
(S.3525).

Audit and Control, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$554.7 million, an increase of $98.3 million or 21.5 percent from
SFY 2022-23 levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation to
decrease $32 million or 100 percent of funding from SFY 2022-23
levels. This is due to the Special Accidental Death Benefit
appropriation transitioning to a miscellaneous appropriation.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$2.8 million, a decrease of $27.3 million or 90.6 percent from SFY
2022-23 levels.

Budget, Division of the

State Operations (S.4000-B)
* The Senate modifies the Executive All Funds recommendation of $50.2
million, a decrease of $537,000 or 1.1 percent from SFY 2022-23
levels, by restoring $537,000 in membership dues for the Council of
State Government, National Conference of Insurance Legislators, and
National Conference of State Legislatures.

Children and Family Services, Office of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $556.1
million, an increase of $3.3 million or 0.6 percent from SFY 2022-23
levels.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $7.9 billion, an
increase of $1.5 billion or 41.8 percent from SFY 2022-23 levels, as
follows:
o Eliminates:
-$4.8 million for the Employer-Supported Childcare Pilot.
o Restores:
-$2.4 million for 2-1-1.
-$1.9 million in additional support for the Kinship Care
Program, for a total of $2.2 million.

-$1.5 million in additional support for the Youth Development
Program, for a total of $15.6 million.
-$4.5 million for Child Care Facilitated Enrollment
Demonstration Projects in New York City ($500,000), Erie
County ($500,000), and Onondaga County ($500,000), Nassau
County ($1.5 million), and Suffolk County ($1.5 million).
-$600,000 for the Runaway and Homeless Youth Act, for a total
of $7.08 million.
o Adds:
-$35 million in additional support to increase the
reimbursement rate for Child Welfare Financing from 62
percent to 65 percent, for a total of $35 million.
-$20.4 million to provide an additional 6 percent Cost of
Living Adjustment (COLA) to all human service workers for a
total of 8.5 percent.
-$10 million to establish a statewide Youth Sports Grant
Program.
-$9.4 million in additional support for the Advantage
Afterschool programs to be administered in the Office of
Children and Family Services.
-$5 million in additional support for Child Advocacy Centers,
for a total of $10.2 million.
-$20 million to support legislative initiatives.
o Child Care
-$623 million to expand child care eligibility up to 103
percent of the State median income level in 2023. The Senate
also proposes to increase child care eligibility to 129
percent of the State median income level in 2024.
-$500 million for the Workforce Retention Grant program,
providing up to $12,000 in salary enhancements to child care
workers. Eligible child care workers must be employed at a
childcare facility that serves families receiving subsidized
child care. Employees will receive a proportional share of
the $12,000 based upon the percentage of an employer's
enrolled children that are receiving subsidized child care.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $60.11 million,
a decrease of $33.5 million or 35.8 percent from SFY 2022-23 levels
by adding $50 million to support the construction, conversion, and
rehabilitation of properties to create and expand access to child
care.

Article VII Proposal (S.4006-B)
* PART U -- The Senate modifies the Executive proposal to extend and
improve New York State's child care assistance program to expand
income eligibility to 103 percent of the State median income in 2023
and to 129 percent of the State median income in 2024.
* PART V -- The Senate modifies the Executive proposal to extend the
current reimbursement structure for residential placements of
children with special needs outside of New York for a period of one
year.
* PART W -- The Senate accepts the Executive proposal to permanently
authorize the Close to Home program.
* NEW PART EE -- The Senate advances language to provide an allowance
for diapers (S.1210).
* NEW PART LL -- The Senate advances language to establish a youth
sports initiative grant fund (S.2749-A).

* NEW PART MM -- The Senate advances the principles of creating
presumptive eligibility for child care assistance with provisions
permitting recovery of assistance provided to ineligible applicants
(S.4667).
* The Senate supports providing child care assistance for children who
are not currently eligible for State coverage and will explore new
coverage options, including expanded use of the Facilitated
Enrollment Program.

City University of New York (CUNY)

State Operations (S.4000-B)
* The Senate modifies the Executive recommendation of $3.1 billion by
providing an additional:
o $333 million for a CUNY Matching Endowment.
o $149 million for general operating aid.
o $13 million for the elimination of graduate student fees.
o $4.9 million for CUNY SEEK.
o $2.25 million for the CUNY School of Labor and Urban Studies.
o $1 million for Mental Health Services.
o $350,000 for CUNY Black Male Initiative.
o $180,000 for CUNY LEADS.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $1.9 billion as
follows:
o Provides an additional:
-$8.7 million in operating aid for the community colleges.
-$238,000 for the Arthur Eve Higher Education Opportunity
Program.
o Restores $3.6 million for child care centers.
o Omits language requiring CUNY to submit a plan to the Division
of Budget to operate in the future without a base aid funding
floor.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $643 million as
follows:
o Restores:
-$435 million in Flexible Capital, and directs CUNY to
prioritize increased funding for projects to address the
greatest deferred maintenance needs.
-$3 million for Maintenance of the CUNY School of Labor &
Urban Studies.
o Provides an additional $1 million for the Center for Puerto
Rican Studies (CENTRO) at Hunter College.

Article VII Proposal (S.4006-B)
* PART B -- The Senate intentionally omits the Executive proposal to
increase tuition at SUNY and CUNY.
* PART C -- The Senate accepts the Executive proposal to ensure
medication abortion access at SUNY and CUNY.
* NEW PART CC -- The Senate advances language to eliminate current and
future mandatory university fees to SUNY and CUNY graduate students,
where the graduate student is serving either as a full-time or
half-time graduate student worker (S.3500).

Civil Service, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$66.9 million, an increase of $15.8 million or 23.6 percent from SFY
2022-23 levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $2 million,
unchanged from SFY 2022-23 levels.

Article VII Proposals (S.4005-B)
* PART J -- The Senate accepts the Executive proposal to expand
eligibility for World Trade Center death and disability benefits to
New York's organized militia.
* PART S -- The Senate accepts the Executive proposal to allow the
Department of Civil Service or municipal commissions to establish a
continuing eligible list for any class of positions filled through
open competitive examination.
* PART T -- The Senate accepts the Executive proposal to increase the
number of positions designated under the 55-B and 55-C programs to
1,700 positions and to allow employees of those programs to transfer
from non-competitive-class to competitive-class positions.
* PART V -- The Senate accepts the Executive proposal to extend the
waiver on the income cap for retirees who return to work in a school
setting by one year, until June 30, 2024.
* PART W -- The Senate accepts the Executive proposal to amend the
Contribution Stabilization Program for the State Retirement System
to provide a pathway for amortizing employers to terminate
participation in the Contribution Stabilization Program if such
employer has paid in full all prior year amortization amounts,
including interest as determined by the State Comptroller.
* PART X -- The Senate intentionally omits the Executive proposal to
require that any corporation, district, agency, or organization
electing to participate in the NYSHIP plan to pay interest for late
payments.
* PART Y -- The Senate accepts the Executive proposal to include
counties in the list of entities that pay the special accidental
death benefit to families of deceased police officers and
firefighters who died in the performance of their duties.
* NEW PART WW -- The Senate advances language to authorize police and
fire members of the New York City Fire Department pension fund to
obtain credit for certain prior service as an Emergency Medical
Technician member (S.4794).
* NEW PART BBB -- The Senate advances language to increase the cap on
retiree income from $35,000 to $50,000.
* NEW PART CCC -- The Senate advances language to provide that police
officers in the NYC Department of Environmental Protection (DEP) who
have or will transfer from the New York City Employees' Retirement
System (NYCERS) to the New York State Police & Fire Retirement
System (PFRS), will be able to transfer service credit earned in
NYCERS towards their membership in PFRS (S.5557-A of 2022).
* NEW PART EEE -- The Senate advances language to provide certain
death benefits to correction officers, correction officer-sergeants,
correction officer-captains, assistant wardens, associate wardens or
wardens employed by Westchester County (S.1992).
* NEW PART FFF -- The Senate advances language to provide certain
death benefits to fire marshals employed by Nassau County (S.3600).

Commission of Correction, State

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$3.9 million.

Article VII Proposals (S.4005-B)
* PART C -- The Senate modifies the Executive proposal to purchase
body scanning technology for State Correctional Facilities and
Office of Children and Family Services (OCFS) facilities by removing
the authorization for body scanning technology to be used in OCFS
facilities. The Senate also supports the inclusion of language that
would allow Correctional Facility staff to be subject to a search by
this body scanning technology.

Corrections and Community Supervision, Department of

State Operations (S.4000-B)
* The Senate modifies the Executive All Funds recommendation of $3
billion by modifying appropriation language to require the
Department to report on the status of implementation of the Humane
Alternatives to Long-Term (HALT) Solitary Confinement Act.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$37 million.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$481.2 million.

Article VII Proposals (S.4005-B)
* PART D -- The Senate intentionally omits the Executive proposal to
lower the hiring age of corrections officers from 21-years old to
19-years old.
* NEW PART TT -- The Senate advances language to conform the
definition of an incarcerated individual with a serious mental
illness to the definition of "person with a serious mental illness"
in the Mental Hygiene Law (S.4621).

Council on the Arts

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $5.3
million.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $42.8 million as
follows:
o Restores:
-$40 million for competitive grants.
-$10 million for Regional Arts Councils Outside of New York
City.
* $1 million for ArtsWestchester.
* $1 million for Arts Services Initiative of Western New
York.
* $1 million for Arts Mid-Hudson.
* $1 million for Huntington Arts Council.
* $1 million for Arts Center of the Capital Region.
* $1 million for Genesee Valley Council on the Arts.

* $1 million for CNY Arts.
* $3 million via a RFP.
-$1 million in Stabilization grants.
-$750,000 for Senate initiatives.
o Adds $5 million for Alive! Downtown Theatres.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of no new capital
funding by restoring:
o $40 million for Arts and Cultural Facilities Improvements.
o $10 million for Regional Arts Councils Outside of New York City.

Article VII Proposals (S.4006-B)
* NEW PART FF -- The Senate advances language to direct the New York
State Council on the Arts to develop criteria and processes to
designate arts and cultural districts (S.253).

Criminal Justice Services, Division of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$90.4 million.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $466.1
million as follows:
o Restores $2.6 million for the Westchester County Policing
Program.
o Adds:
-$47 million to support Criminal Defender services.
-$40 million to support Discovery Reform Criminal Defenders.
-$20 million to support Operation SNUG.
-$20 million to support Pretrial Services.
-$14 million to support funding related to enforcement of
Extreme Risk Protection Orders.
-$10 million to support Legislative grants for community
safety and restorative justice grant programs that include:
* Support gun violence prevention programs, gang and crime
reduction strategies managed by local governments, and
community-based not-for-profit service providers.
* Support survivors of sexual assault and domestic
violence.
* Support criminal and civil legal services, alternatives
to incarceration, community supervision and re-entry
initiatives.
-$2.2 million to support Prisoner Legal Services of New York.
-$2 million to support S.4511-A Ramos, which expands
eligibility for, and grants available under, the District
Attorney and Indigent Legal Service Attorney Loan
Forgiveness Program.
-$1 million to support implementation of Clean Slate Act.
o Modifies appropriation language to include New York City in
Discovery Implementation and Pretrial Funding.
o Modifies the Executive recommendation related to the Legal
Services Assistance Fund (LSAF) appropriation. Alternatively,
the Senate requests that the LSAF program be allocated as it has
been in previous years.

-Restores $1.4 million for Civil or Criminal Legal Services,
including legal services for survivors of Domestic Violence
or Veterans; and Indigent Parolee Legislative grants.
o Modifies the Executive recommendations related to the Federal
Edward Byrne Justice Assistance Grant (JAG) appropriation.
Alternatively, the Senate requests that the Byrne JAG program be
allocated as it has been in previous years.
-Adds $1 million for violence, crime and drug prevention and
alternatives to incarceration Legislative grants.

Capital Projects (S.4004-B)
* The Senate modifies the Executive All Funds recommendation of $103
million by modifying appropriation language of the Securing
Communities Against Hate Crimes Grant to make funds available for
LGBTQ bars.
* $50 million for New York City District Attorneys to cover the cost
of discovery reform implementation.

Article VII Proposals (S.4005-B)
* PART A -- The Senate accepts the Executive proposal to extend
various provisions of law related to public protection programs and
services in order to prevent any lapses, but asserts that these
provisions are better addressed outside of the budget process and
plans to revisit these provisions at a later date.
* PART B -- The Senate intentionally omits the Executive proposal to
amend New York State's bail laws.
* PART F -- The Senate modifies the Executive proposal to amend the
Concealed Carry Improvement Act to amend provisions related to the
Adirondack and Catskill Parks, remove changes to penalties for
unlawful purchase of body armor, ensure safe operations of riflery
programs at summer camps, and ensure the continued practice of
demonstrations using historical weapons.
* NEW PART SS -- The Senate advances language to allow Westchester
County to set its own fees for pistol permits and other licenses
related to the manufacture, sale, and possession of firearms,
rifles, and shotguns (S.4879).
* NEW PART UU -- The Senate advances language to allow for automatic
sealing for certain criminal records (S.211).
* NEW PART YY -- The Senate advances language to expand eligibility
for, and grants available under, the District Attorney and Indigent
Legal Services Attorney Loan Forgiveness Program (S.4511-A).

Deferred Compensation Board

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$953,000, an increase of $33,000 or 3.6 percent from SFY 2022-23
levels.

Dormitory Authority of the State of New York

Article VII Proposals (S.4008-B)
* PART Z -- The Senate intentionally omits the Executive proposal to
increase the Dormitory Authority's bond cap under the Medical Care
Facilities Finance Agency Act.
* PART AA -- The Senate modifies the Executive proposal to authorize
recipients of loans or grants awarded under the Downtown
Revitalization Initiative (DRI) program and the NY Forward Grant

program to use the Dormitory Authority's planning, procurement,
financing, and design build services by removing local development
corporations and industrial development agencies from the
legislation.
* PART BB -- The Senate modifies the Executive proposal to extend the
Dormitory Authority's MWBE mentoring program to include reporting
language.
* PART LL -- The Senate modifies the Executive proposal to extend the
Dormitory Authority's authorization to undertake design and
construction projects for the Department of Environmental
Conservation and Office of Parks, Recreation and Historic
Preservation by reducing it from five years to two years.

Economic Development, Department of

State Operations (S.4000-B)
* The Senate modifies the Executive recommendation of $35 million, a
decrease of $4.4 million or 11.1 percent from SFY 2022-23 levels, as
follows:
o Adds:
-$250,000 for expanding the MWBE program data collection and
reporting requirements.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $67.2 million,
an increase of $3.6 million or 5.6 percent from SFY 2022-23 levels
as follows:
o Adds:
-$5.5 million in additional support for the Centers of
Excellence (COEs), providing $1.25 million to each center,
for a total of $17.5 million.
-$5.2 million in additional support for the Centers for
Advanced Technology (CATs), providing $1.25 million to each
center, for a total of $18.8 million.
-$3 million in additional support for the High Technology
Matching Grants, for a total of $15 million.
o Restores $1 million in additional support for the Tourism
Promotion Matching Grant program, for a total of $3.5 million.

Article VII Proposals (S.4008-B)
* NEW PART III -- The Senate advances language to require the
Department of Economic Development in conjunction with Empire State
Development Corporation and other agencies to conduct a study of
public and private museums and their funding systems statewide
(S.1124).

Education Department, New York State

State Operations (S.4000-B)
* The Senate modifies the Executive recommendation of $652.5 million
as follows:
o Modifies language attached to the $2.5 million appropriation for
a special education tuition methodology study to remove barriers
to its successful implementation.
o Omits language allowing for the transfer of oversight within the
Office of the Professions to the Department of Health.
o Adds:
-$16 million for new hires.

-$1 million for Foundation Aid Study.
-$965,000 for a New York City School Governance Study.
-$500,000 for a Universal Pre-Kindergarten Aid Study.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $43.1 billion as
follows:
o Intentionally omits language that requires duplicative funding
reporting.
o Intentionally omits language that prorates mandated services aid
and comprehensive tuition policy payments.
o Intentionally omits:
-$10 million for new High School-College-Workforce Pipeline
Program.
-$750,000 for expansion of the Expanded Mathematics Access
Program.
o Restores:
-$21.4 million for teacher resource centers.
-$12 million for Yonkers School District.
-$4 million for tax certiorari assistance.
-$1.9 million for nonpublic school aid.
-$1.5 million for Adult Literacy Education.
-$1.5 million carve-out for consortium for workforce
education.
-$1.25 million for NYSUT Many Threads, One Fabric.
-$1 million for nonpublic school vaccination record-keeping.
-$903,000 for NY School for the Deaf.
-$903,000 for Henry Viscardi School for the Deaf.
-$750,000 for the Dental Grant Program.
-$500,000 for Mill Neck Manor School for the Deaf.
-$500,000 for Center for Autism at SUNY Albany.
-$500,000 for Long Island Pre-K Initiative.
-$475,000 for Executive Leadership Institute.
-$475,000 for Magellan Foundation.
-$465,000 for Early College High School program.
-$450,000 for United Community Schools.
-$375,000 for Schomburg Library.
-$365,000 for Mind Builders Creative Arts Center.
-$350,000 for Latino U College Access (LUCA).
-$180,000 for Garrison Union Free School District.
-$175,000 for Hempstead District Monitor.
-$175,000 for Wyandanch District Monitor.
-$175,000 for Rochester District Monitor.
-$112,500 for Langston Hughes Library.
o Provides an additional:
-$280 million for universal school meals.
-$150 million reflecting the February database update.
-$125 million to increase the minimum reimbursement for UPK.
-$105 million for community school funding formula.
-$44 million for expanding special services aid for CTE to
ninth grade.
-$36 million for the prior-year aid queue.
-$35 million for BOCES CTE salary increase.
-$20 million for School Transportation Safety Zones in large
cities.
-$11.7 million for Mount Vernon School District.
-$10 million for 4201 teacher salaries.
-$10 million for Say Yes Buffalo Scholarship Inc.

-$9 million for Senate initiatives.
-$7 million for library operating aid.
-$5.8 million for 4201 school general assistance.
-$5 million for Higher Education Opportunity Program (HEOP).
-$5 million for arts instruction for non-public schools.
-$3.5 million for Bundy Aid.
-$3 million for Students with Disabilities.
-$2.6 million for Liberty Partnership Program (LPP).
-$2.2 million for Science Technology Entry Program (STEP).
-$1.7 million for the College Science Technology Entry Program
(CSTEP).
-$856,000 for the Foster Youth Initiative Program.
-$500,000 for Recovery High Schools.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $99.3 million as
follows:
o Adds:
-$25 million for library capital.
-$4.5 million for health and safety projects at special act
schools.

Article VII Proposals (S.4006-B)
* PART A -- The Senate modifies the Executive proposal related to
school aid to:
o Accept the Contracts for Excellence extender for the 2023-2024
school year;
o Intentionally omit the high impact tutoring set aside of
Foundation Aid;
o Intentionally omit the proposal to remove the regional charter
school cap and the proposal to authorize the re-issuance of
surrendered, revoked, or terminated charters;
o Modify the prospective universal prekindergarten enrollment
reporting proposal to require school districts that are eligible
for universal prekindergarten aid, but that have not yet
utilized such aid to provide information on the barriers in
utilizing funding and requiring a three-year implementation
plan;
o Modify universal prekindergarten per pupil aid to increase aid
for early adopters of universal prekindergarten programs;
o Affirm building aid eligibility to school districts for
universal prekindergarten classrooms and require SED to release
universal prekindergarten building aid guidance to all school
districts;
o Intentionally omit the zero-emission bus progress reporting
requirement;
o Modify to restore the allocation for Consortium for Worker
Education reimbursement for the 2023-24 school year;
o Intentionally omit the school level funding plan extender;
o Accept the proposal to extend the Rochester City School District
monitor from 2023 to 2025;
o Modify the proposal to study the tuition rate setting
methodology to remove the cost neutral language, to ensure the
fiscal stability of these programs, and to provide predictable
annual funding levels; and
o Intentionally omit the proposal to limit nonpublic school
services aid.
* NEW PART A-1 -- The Senate advances language to:

o Establish the Universal School Meals Program to require all
schools that participate in the National School Lunch and
Breakfast Program to serve breakfast and lunch at no cost to the
student (amended version of S.1678);
o Expand the eligibility of the Farm to School Reimbursement
program (amended version of S.423);
o Expand capital outlay authority to school districts (S.2990);
o Establish multi-year cost allowances for the Binghamton City
School District (S.2672);
o Allow Special Act School Districts, 853 schools, and 4410
schools to retain the 11% cost of living increase before the
reconciliation process occurs (S.9132 of 2022);
o Require interim rates to include the annual growth amount for
such rates approved in the current school year and annually
thereafter for Special Act School Districts, 853 schools, and
4410 schools (amended version of S.9134 of 2022);
o Increase tuition rates for all Special Act School Districts, 853
schools, and 4410 schools commensurate with the state aid
increases (amended version of S.6516-A of 2022);
o Authorize 4201 schools to establish a fiscal reserve fund;
o Increase the aidable salaries for BOCES staff;
o Extend reimbursement for ninth graders in Special Services Aid
for non-component school districts;
o Expand community school grants and the distribution of funding;
and
o Establish an Arts and Music Grant Program for nonpublic schools
to hire arts and music teachers.
* PART D -- The Senate accepts the Executive proposal to remove the
maximum award cap for the Liberty Partnerships Program.
* PART E -- The Senate accepts the Executive proposal to allow public
accounting firms to have minority ownership by non-certified public
accountants.
* NEW PART HH -- The Senate advances language to automatically approve
the registration of new programs at colleges after 45 days, without
SED approval, at SUNY, CUNY and independent colleges under certain
conditions (S.3412).
* NEW PART NN -- The Senate advances language to allow some nursing
clinical education to be completed through simulation under SED
approval (S.447-C).

Elections, State Board of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$38.8 million, an increase of $18.4 million or 90.1 percent from SFY
2022-23 levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$29 million, an increase of $15 million or 107.1 percent from SFY
2022-23 levels with modifications to provide funding for the
following:
o $15 million for local boards of elections to increase salaries
and hire new employees.
o $2 million for the Elections Database and Institute.

Capital Projects (S.4004-B)

* The Senate modifies the Executive recommendation which provides no
capital appropriations for the State Board of Elections, by adding
$15 million for local boards of elections for new voting equipment
and software/technology upgrades.

Article VII Proposals (S.4005-B)
* NEW PART DD -- The Senate advances language to establish the New
York Voting and Elections Database and Institute (S.657).
* NEW PART EE -- The Senate advances language to prohibit
contributions by foreign-influenced business entities and require
certification that contributing business entities are not a
foreign-influenced business entity (S.371).
* NEW PART FF -- The Senate advances language to exempt poll worker
pay from state taxes and public benefit cutoff thresholds (S.613).
* NEW PART GG -- The Senate advances language to increase the minimum
pay for poll workers (S.136).
* NEW PART HH -- The Senate advances language to establish mandatory
staffing levels at local boards of elections (S.644).
* NEW PART II -- The Senate advances language to require local
election commissioners to be full-time employees (S.611).
* NEW PART JJ -- The Senate advances language to establish a mandatory
training curriculum for poll workers (S.587).
* NEW PART KK -- The Senate advances language to establish a mandatory
training curriculum for local board of elections commissioners and
employees (S.617).

Empire State Development Corporation

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $271.1 million,
a decrease of $469 million or 63.4 percent from SFY 2022-23 levels
as follows:
* Adds:
o $100 million to establish a Small Business Development Grants
Program.
o $7.5 million to establish the New York State Entrepreneurial
Traning Grants program.
o $1 million for a study on New York State's public and private
museum funding systems.
o $2.4 million in additional support for the Minority and
Women-Owned Business Development and Lending Program, for a
total of $3 million.
o $5.5 million to support legislative initiatives.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $1 billion, a
decrease of $3.5 billion or 77.2 percent from SFY 2022-23 levels as
follows:
o Adds:
-$5 million for the American LGBTQ+ Museum.
-$2 million for the Center for Dance Training.
o Restores $150 million for another round of RESTORE New York
program.
* The Senate is supportive of affordable housing at the 5 World Trade
Center site.

Article VII Proposal (S.4008-B)

* PART CC -- The Senate intentionally omits the Executive proposal to
rename and update the SUNY Tax-free Areas to Revitalize and
Transform UPstate New York program (START-UP NY) to the Extended
Prosperity and Innovation Campus (EPIC) Initiative.
* PART DD -- The Senate modifies the Executive proposal to create a
matching grant program for the Small Business Innovation Research
and Small Business Technology Transfer grant programs where one to
one matching grants would be awarded to businesses who receive a
grant under the respective federal program by including additional
program guidelines regarding the number and value of grants awarded
and by including a 5-year claw back provision (S.1824).
* PART FF -- The Senate intentionally omits the Executive proposal to
increase the maximum loan amount under the Linked Deposit Program
from $2 million to $6 million.
* PART GG -- The Senate modifies the Executive proposal to extend the
general loan powers of the Urban Development Corporation (UDC) to
make loans in connection with a broad range of economic development
programs by reducing it from five years to one year.
* PART HH -- The Senate modifies the Executive proposal to allow
Minority and Women-owned Business Enterprise (MWBE) State and local
certification reciprocity by an administrative process and to
increase the State and New York City MWBE discretionary buying
thresholds. Under the Executive proposal, certification reciprocity
is facilitated administratively by MOU agreements between the State
and local MWBE programs. The Senate modifies the Executive proposal
by increasing the State's MWBE discretionary buying threshold to
$750,000 and increases the New York City MWBE discretionary
threshold to $1.5 million. The Senate also advances language
modifying this proposal by adding a capital access program to assist
MWBEs in highly-distressed areas (S.1690).
* PART JJ -- The Senate modifies the Executive proposal to extend
UDC's authorization to administer the Empire State Economic
Development Fund by reducing the extension from five years to one
year.
* NEW PART NNN -- The Senate advances language to create the "NY Hemp
Project" within the Excelsior Jobs Program to attract and establish
a hemp manufacturing industry to the State.
* NEW PART QQQ -- The Senate advances language to direct UDC to
provide funding for municipalities to award grants to create
entrepreneurial training programs (S.2005).
* NEW PART WWW -- The Senate advances legislation expanding and
enhancing the annual and periodic Minority and Women-owned Business
Enterprise (MWBE) reporting requirements; expanding the powers and
duties of the Director of the MWBE Division; developing a
clearinghouse of information on programs and services provided by
contracting entities; expanding MWBE program benefits to
state-assisted project contracts; and introducing a new violation
and enforcement component to the MWBE program (S.2006).

Employee Relations, Office of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$12 million, an increase of $263,000 or 2.3 percent from SFY
2022-23.

Energy Research and Development Authority

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $225.8 million
by shifting the funding for the EmPower Plus program to be funded
within NYSERDA revenues.

Article VII Proposal (S.4008-B)
* PART WW -- The Senate modifies the Executive proposal to prohibit
installation of fossil fuel equipment and building systems in new
construction and phasing out the sale and installation of fossil
fuel space and water heating equipment in existing buildings by
substituting its own language that a municipality may only issue a
permit for new construction under seven stories that is an
all-electric building by 2025, and may only issue a permit for new
construction seven stories or more that is an all-electric building
by 2028. The Senate language also directs the New York Power
Authority to establish a program to fully decarbonize and achieve
zero on-site emissions for State-owned campuses and facilities by
2040, with immediate funding for decarbonization projects at the
highest-emitting campuses and facilities, subject to labor
protections and standards.
* PART ZZ -- The Senate accepts the Executive proposal to continue
authorizing NYSERDA to use an assessment on gas and electric
corporations to finance a portion of its research, development and
demonstration, policy and planning, and Fuel NY program, as well as
climate change-related expenses of the Department of Environmental
Conservation and the Department of Agriculture and Markets's Fuel NY
program.
* PART AAA -- The Senate modifies the Executive proposal to direct the
Department of Environmental Conservation and NYSERDA to establish a
cap-and-invest program to implement emissions reduction requirements
under the Climate Leadership and Community Protection Act by adding
specific programmatic details regarding issuance and allocation of
allowances, labor standards and protections, prevention of market
manipulation, and protections for disadvantaged communities, as well
as by setting up the Climate and Community Protection Fund to ensure
all benefits and rebates from the program are equitably distributed.

Environmental Conservation, Department of

State Operations (S.4000-B)
* The Senate modifies the Executive recommendation of $560.2 million
and adds $1 million for water resources for the protection of class
C streams.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $1.9 million,
and provides additional funding as follows:
o $100,000 for the Adirondack Diversity Initiative, for a total of
$400,000.
o $55,000 for Interstate Environmental Commissions, for a total of
$97,000.
o The Senate supports the Department providing funding for the US
Army Corps of Engineers Mamaroneck Sheldrake Project.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $1.9 billion, as
follows:

o Increases the Environmental Protection Fund to $500 million, and
rejects the Executive's proposal to fund staffing costs from the
Fund. Line increases include:
-Public access and stewardship projects increased to $70
million.
-Land acquisition increased to $47.6 million.
-Climate resilient farms increased to $30 million.
-Parks projects, including municipal parks, increased to $30
million.
-Farmland protection increased to $25 million.
-Zoos, Botanical Gardens, and Aquaria (ZBGA) funding increased
to $25 million.
-Ocean and Great Lakes projects increased to $25 million.
-Water quality improvement projects increased to $25 million.
-Invasive species projects increased to $22 million.
-Municipal recycling projects increased to $20 million.
-Soil and water conservation districts increased to $18.5
million.
-Climate smart communities increased to $18 million.
-Waterfront revitalization projects increased to $18 million.
-Environmental justice projects increased to $15 million.
-Climate resiliency plans increased to $10 million.
-Long Island South Shore Estuary increased to $5 million.
-Finger Lake - Lake Ontario Watershed increased to $3 million.
-The Senate also carves out priority projects, including:
* $15.3 million for a new grant program to promote forest
and woodland conservation, climate smart practices on
farmland, and farmland preservation.
* $10 million for Adirondack and Catskill park
stewardship.
* $5.5 million for Adirondack lake monitoring survey
(SCALE).
* $5 million for Land Trust Alliance Conservation
Easements.
* $3 million for the Onondaga County Resource Recovery
Agency to reduce solid waste.
* $1 million for SUNY ESF's Forestry Institute.
* $600,000 for the Camp Santononi Historic Area.
* $500,000 for the revitalization of the Great South Bay.
* $500,000 for Niagara River Greenway Commission.
* $250,000 for the Town of Amherst splash pad.
* $225,000 for WNY Land Conservancy Riverline.
* $200,000 for Historic Huguenot Society's restoration of
the Bevier-Elting House.
* $100,000 for the High Peaks Information Center.
* $100,000 for the Catskill Center for Conservation and
Development.
* $100,000 for Catskill Mountainkeeper.
* $25,000 for the restoration of Lake Ossi.
o The Senate also adds $100 million for the Clean Water
Infrastructure Act, and carves out:
-$100 million for the Safe Water Infrastructure Action
Program.
-$50 million for septic replacement.
-$50 million for lead service line replacement.

Article VII Proposal (S.4008-B)

* PART PP -- The Senate modifies the Executive proposal to enact a
producer responsibility program for packaging and paper products by
expanding the proposal to include single-use plastic products,
adding an office of recycling inspector general, prohibiting toxic
contaminants in such products, adding environmental justice
protections, and increasing source reduction requirements and
enforcement (S.4246).
* PART QQ -- The Senate modifies the Executive proposal to allow
municipalities to receive aid under the Environmental Restoration
Program for investigating and remediating sites contaminated with
emerging contaminants by ensuring that the definition of emerging
contaminants is not inadvertently exclusionary and to retain limited
indemnification for municipalities.
* PART RR -- The Senate intentionally omits the Executive proposal to
make the pilot deer hunting program for mentored youth permanent.
* PART SS -- The Senate accepts the Executive proposal to remove the
sunset provision for pesticide registration fees.
* PART TT -- The Senate modifies the Executive proposal to grant
Suffolk County authorization to establish a county-wide wastewater
management district by authorizing Suffolk County to fund water
quality projects through sales and use-related revenues if approved
by voters pursuant to a county referendum.
* PART UU -- The Senate accepts the Executive proposal to amend the
Local Finance Law to expand funding eligibility for replacement of
lead service lines, including portions of lead service lines on
private property.
* NEW PART EEE -- The Senate advances language to require annual
reporting on State climate expenditures (S.288).
* NEW PART FFF -- The Senate advances language to fund replacement and
rehabilitation of local drinking water, storm water, and sanitary
sewer systems which are not under the maintenance and/or operational
jurisdiction of a private entity or New York City, and to distribute
such funding based on a variety of factors including length and
width of pipes, infrastructure age, the nature of other water system
assets, and socioeconomic factors in order to achieve an equitable
distribution of aid (S.4350).
* NEW PART HHH -- The Senate advances language to expand the
Returnable Container Act by increasing the deposit on returnable
beverage containers to ten cents, requiring deposits on additional
types of beverage containers, including containers for wine, liquor,
cider, non-carbonated soft drinks, certain juices, coffee and tea
beverages, and carbonated fruit beverages, increasing the handling
fee for returnable containers to six cents, creating post-consumer
content requirements for returnable containers, increasing
flexibility for retailers required to accept returnable containers,
and providing additional protections for consumers and retailers
(S.237).
* NEW PART JJJ -- The Senate advances language to establish a climate
change cost recovery program to require fossil fuel companies that
have contributed significantly to the buildup of greenhouse gasses
in the atmosphere to compensate the State based on such companies'
greenhouse gas contributions, and directs the proceeds to be used
for climate change-related expenditures in a manner similar to
S.2129, but with proceeds directed to the Climate and Community
Protection Fund.
* NEW PART KKK -- The Senate advances language to provide additional
protections for class C streams, in a manner similar to S.1725.

Executive Chamber

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $23.3
million for the Executive Chamber, an increase of $5.45 million, or
30.5 percent, from SFY 2022-23.

Financial Control Board

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $3.5
million, unchanged from SFY 2022-23 levels.

Financial Services, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$447.2 million, an increase of $50.2 million or 12.6 percent from
SFY 2022-23 levels.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $74.2
million, a decrease of $10 million or 11.9 percent from SFY 2022-23
levels, to provide funding for the following restorations:
o $11 million for the Commuter Van Stabilization Program.
o $250,000 for the Education Debt Consumer Assistance Program.

Article VII Proposals (S.4008-B)
* PART S -- The Senate intentionally omits the Executive proposal to
authorize the Department of Financial Services to promulgate
regulations relating to the payment of debit and credit card
transactions.
* PART U -- The Senate accepts the Executive proposal to extend the
Entertainment Subsidy Assistance Demonstration Program for an
additional year.
* PART W -- The Senate intentionally omits the Executive proposal to
allow automobile insurance companies to opt out of the vehicle
inspection requirement.
* NEW PART GGG -- The Senate advances language establishing a
commission to conduct a feasibility study on formation and control
of a State public bank (S.1755).

Gaming Commission

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $108.8
million, an increase of $1.0 million or 0.9 percent from SFY 2022-23
levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $237.0
million, a decrease of $153.0 million or 39.2 percent from SFY
2022-23 levels.

Article VII Proposals (S.4009-B)
* PART X -- The Senate modifies the Executive proposal to authorize a
Belmont Racetrack redevelopment loan by adding provisions ensuring
that the commitments for renovations are upheld, clarifying

Franchise Oversight Board and Division of Budget oversight of the
agreement, providing for labor protections (including MWBE and
service-disabled veteran protections), and placing requirements,
including an affordable housing component, on the transfer of
Aqueduct Racetrack land once the franchise corporation's lease on
the property reverts back to the State.
* PART Y -- The Senate modifies the Executive proposal to eliminate
Quick Draw restrictions by accepting the portion of the proposal
that would eliminate the minimum 2,500 square foot threshold for
facilities offering Quick Draw but omitting the Executive proposal
to permit those under 21 years of age to play Quick Draw in
establishments offering alcohol.
* PART Z -- The Senate intentionally omits the proposal to provide for
closure of the Catskill Off-Track Betting Corporation (OTB) and
supports permitting Catskill OTB to access capital acquisition funds
to support payment of salaries and benefits of employees and other
expenses of the OTB at an appropriate level pending receipt of
additional fiscal information from the OTB.
* PART AA -- The Senate modifies the Executive proposal to authorize
use of capital funds by Capital Off-Track Betting Corporation
(Capital OTB) for one year and provides similar authorization to the
Catskill OTB.
* PART BB -- The Senate accepts the Executive proposal to extend
pari-mutuel tax rates and simulcast provisions for one year.
* NEW PART EE -- The Senate advances language to prohibit off-track
betting (OTB) corporation employees from providing items of value
exceeding $15 to certain associates of the corporation (S.5549).
* NEW PART FF -- The Senate advances language to prohibit off-track
betting (OTB) corporation vehicles from being used as take-home
vehicles (S.5550).
* NEW PART GG -- The Senate advances language to change the membership
of the board of directors of the Western Regional Off-Track Betting
(OTB) Corporation (S.5552).

General Services, Office of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$1.08 billion, an increase of $30.6 million or 2.9 percent from SFY
2022-23 levels.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$259.2 million, a decrease of $184.6 million or 41.6 percent from
SFY 2022-23 levels.

Article VII Proposals (S.4005-B)
* PART Q -- The Senate accepts the Executive proposal to extend the
State Commission on the Restoration of the Capitol for an additional
five years, to now expire April 1, 2028.
* PART R -- The Senate accepts the Executive proposal to allow State
agencies to require electronic bid submissions with technical
clarifications.
* NEW PART OO -- The Senate advances language providing price
escalation relief to State contractors and subcontractors affected
by spikes in material costs during the early days of COVID-19. Under
the proposal, public contractors would be empowered to apply to
their contracting State entity for up to 5 percent retroactive

relief, if the contract in question accepted bids up to April 2020
and the material cost increases occurred after March 2020 (S.8844 of
2022).

General State Charges

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$7.1 billion, a decrease of $291.8 million, or 4 percent from SFY
2022-23 levels.

Green Thumb

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $5.3
million.

Greenway Heritage Conservancy of the Hudson River Valley

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $250,000.

Health, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$4.5 billion.

Aid to Localities (S.4003-B)
* The Senate modifies the Executives All Funds recommendation of
$217.5 billion as follows:

Public Health
o Restores:
-$133 million in Tobacco Tax Revenue due to modification of
the Executive proposal HMH Part O.
-$66.8 million to continue Managed Long Term Care Quality Pool
Payments and Managed Long-Term Care Distressed Pool Plan.
-$30 million for Health Home Program.
-$18 million for Nourish NY.
-$3.8 million to support School Based Health Centers.
-$1 million to support Family Planning Services.
-$1 million to support Nurse-Family Partnership.
-$666,666 to support the Albert Einstein College of
Medicine-Firefighter.
pre-leukemia program.
-$475,000 to support the LGBT Health and Human Service
Network.
o Adds:
-$1.7 billion to support modifications relating to Essential
Plan expansions.
-$277.5 million to support the Assisted Daily Living
eligibility repealer.
-$75 million to the New York State Tobacco Control Program to
support cessation and education programs in communities
targeted by the promotion of flavored tobacco products.
-$50 million for Licensed Home Care Service Agencies grants.

-$30 million for Legislative Grants, including $12 million
restoration to support prior year grants.
-$25 million for Certified Home Health Agencies and Hospice
Service providers.
-$23 million to support an 11 percent Reimbursement Rate
Increase for Early Intervention programs.
-$22 million for Hunger prevention and Nutrition Assistance
Program.
-$10.4 million for the Occupational Health Clinic Network.
-$10 million for the Medical Debt Pilot Program.
-$8.7 million to support costs associated with intentionally
omitting the Executive proposal in Part D of S.4007-B.
-$8 million to support expansion of CHP program.
-$7 million to support changes relating to the Cancer Services
Program.
-$1 million to establish a task force on missing women and
girls who are Black, indigenous, and people of color.
-$1 million for a Director of Hospice and Palliative Care
Access and Quality.
-$1.1 million to support Area Health Education Centers.
-$1 million to support the Transgender and Gender
Non-Conforming Wellness and Equity Fund program.
-$1 million to support the Community Service Society of New
York for Community Health Advocates Consortium.
-$1 million to support Native American Health Clinics.

Medicaid
* The Senate modifies the Executive All Funds recommendation of $103
billion as follows:
o Adds:
-$1 billion in State funding for Financially Distressed and
Safety-Net Hospitals.
-$624 million for State-share Medicaid local takeover growth.
-$412.5 million to support ten percent Reimbursement Rate
Increase related to the modifications HMH Part E.
-$187 million to support safe staffing for Nursing Home.
-$157.5 million to support a ten percent Reimbursement Rate
Increase related to the modification of HMH Part I.
* The Department of Health shall find solutions to ensure
that staffing shortages do not result in underutilized
nursing home beds.
-$10 million to support Doula services and provide
reimbursement rates for providers

Capital Projects (S.4004-B)
* The Senate modifies the Executive All Funds recommendation of $2.5
billion as follows:
o Adds $200 million to support the Statewide Health Care Facility
Transformation Program.

Article VII Proposal (S.4007-B)
* PART A -- The Senate modifies the Executive proposal to extend the
Medicaid Global Cap through SFY 2025 by instead repealing it
(S.4861).
* PART B -- The Senate modifies the Executive proposal to extend
various provisions and programs within the Public Health and Mental
Hygiene Laws by adding a provision making the carve-out of school
based health centers from Medicaid managed care permanent (S.2339).

* PART C -- The Senate accepts the Executive proposal to reauthorize
the Health Care Reform Act administration and initiatives through
2026.
* PART D -- The Senate intentionally omits the Executive proposal to
allow the Department of Health to eliminate drugs from the Medicaid
list of over-the-counter covered drugs and eliminate prescriber
prevails from Medicaid.
* PART E -- The Senate modifies the Executive proposal to increase the
operating component of hospital inpatient services Medicaid rate by
5 percent, reduce the State's share of the Indigent Care Pool to
target funds to high-need facilities, authorize rural emergency
hospitals, make permanent the Department's ability to award
temporary payments to eligible facilities in severe financial
distress, and expand the definition of an eligible Vital Access
Provider Assurance Program funding recipient by increasing hospital
inpatient and outpatient rates by 10 percent. The Senate strongly
supports increasing rates to community-based health centers.
* PART F -- The Senate accepts the Executive proposal to extend the
Physicians Excess Medical Malpractice Program for a year through
June 30, 2024.
* PART H -- The Senate modifies the Executive proposal to make changes
to Essential Plan eligibility and delay the expansion of coverage
for undocumented people over 64 by accepting the proposed expansion
for the Essential Plan but rejecting the delay in coverage for
undocumented immigrants over 64, and including coverage for
undocumented immigrants regardless of age through the Essential Plan
(Part of S.2237).
* PART I -- The Senate modifies the Executive proposal to extend the
authority for Medicaid Long Term Care (MLTC) plans for an additional
four years, extend the moratorium on the processing and approval of
applications of new partial capitation MLTC plans until March 31,
2027, create MLTC performance metrics, allow the Department of
Health to start an MLTC procurement, repeal the Fiscal Intermediary
procurement process, increase the operating component of residential
healthcare facilities and assisted living program services rate by 5
percent, and eliminate wage parity requirements for the Consumer
Directed Personal Assistance Program and create a State fund to help
pay health plan premiums for personal assistants by increasing
residential healthcare facilities and assisted living program
services rates by 10 percent, accepting certain MLTC performance
metrics, accepting the extension of authority for MLTC plans and the
moratorium of new MLTC plans, and omitting the rest of the proposal.
* PART J -- The Senate intentionally omits the Executive proposal to
create a pay-and-resolve mechanism for emergency services and
inpatient admissions resulting from emergency services.
* PART K -- The Senate modifies the Executive proposal to expand
Medicaid eligibility to incarcerated people 30 days prior to release
and to children and adults in institutes of mental disease by
expanding coverage for incarcerated people to include full Medicaid
coverage and including a taskforce to study long term solutions for
children who may gain and then lose coverage under this proposal.
* PART L -- The Senate accepts the Executive proposal to create
guiding principles for site-of-service utilization reviews.
* PART M -- The Senate modifies the Executive proposal to reform the
approval processes for health care projects and transactions by
accepting increased construction fees for hospitals, nursing homes,
and diagnostic and treatment centers construction applications and

exempting core public health services from home care licensure when
provided by a local health department.
* PART N -- The Senate accepts the Executive proposal to expand the
Medicaid Buy-In Program for working people with disabilities.
* PART O -- The Senate modifies the Executive proposal to implement
various tobacco control policies to strengthen the flavored vapor
products ban, support local enforcement, and ensure education and
outreach efforts focus on consumers historically targeted by tobacco
and vapor product advertising.
* PART P -- The Senate modifies the Executive proposal to authorize a
fifth round of grants for the Statewide Health Care Facility
Transformation Program by providing $200 million in additional
funding, creating a $200 million set-aside for community-based
organizations, specifically identifying cybersecurity projects
within the $500 million for technological and telehealth set-aside,
adding language to allow this funding to support conversion of
buildings and new construction in underserved communities, and
setting aside $50 million for community-based organizations to
engage in these activities.
* PART Q -- The Senate accepts the Executive proposal to expand access
to primary care by allowing more health-based social needs services
to be covered by Medicaid.
* PART R -- The Senate accepts the Executive proposal to expand
coverage of Medicaid services to include services provided by a
nutritionist or certified dietitian and chronic disease
self-management training services for people living with arthritis.
* PART S -- The Senate modifies the Executive proposal to revitalize
the EMS system by intentionally omitting the repeal and replacement
of the existing certificate of need process for new or modified
operating, intentionally omitting the establishment of new and
changes to existing regulatory bodies, accepting investments and
proposals related to workforce training, recruitment and retention,
accepting the new definition for "emergency medical service,"
accepting proposals for system-sustainability plans, authorizing
mobile integrated healthcare, and advancing language to provide
payments to municipalities whose EMS are other municipal
departments, volunteer or non-profit entities (Part of S.1852),
advancing provisions to label EMS as an "essential" and required
service and allowing for volunteer EMS to be eligible for benefits
under State Pension system and NYSHIP systems (Part of S.4020), and
providing for a uniform ambulance assessment fee on certain
ambulance revenue to cover increased Medicaid rates for EMS services
(S.5122).
* PART T -- The Senate modifies the Executive proposal to establish a
lead paint inspection registry for rental properties located outside
New York City by changing the administrator of the program from the
Department of Health to the Division of Housing and Community
Renewal.
* PART U -- The Senate modifies the Executive proposal to prohibit
electronic communication service entities from sharing abortion
procedure information with out-of-state law enforcement and
"geofencing" around healthcare facilities by advancing language to
establish privacy standards for health products and services and
permissible data brokering, and establishing a private right of
action for violations (S.158).
* PART V -- The Senate intentionally omits the Executive proposal to
allow pharmacists to prescribe and dispense self-administered

hormonal contraceptives and emergency contraception. The Senate has
passed S.1043 to provide this access.
* PART W -- The Senate intentionally omits the Executive proposal to
expand the scope of practice for medical providers and the
introduction of the Interstate Licensure Compact and Nurse Licensure
Compact.
* PART X -- The Senate accepts the Executive proposal to create
minimum standards for temporary healthcare staffing agencies.
* PART Y -- The Senate modifies the Executive proposal to require
affidavits for medical debt lawsuits, require registration and
reporting of certain companies in the prescription drug supply
chain, require drug manufacturers to notify the Department of
Financial Services of drug price increases, report pay for delay
agreements, create a uniform financial assistance form to access
Indigent Care Pool and Indigent Care Adjustment funding, and create
a guaranty fund by advancing language that creates a presumption of
anticompetitiveness against pay for delay agreements (S.4513), and
accepting the rest of the proposal.
* PART AA -- The Senate accepts the Executive proposal to mandate an
additional test for syphilis in pregnant patients and expand
circumstances where an individual must be screened, diagnosed, and
treated for Hepatitis C (HepC or HCV).
* PART BB -- The Senate intentionally omits the Executive proposal to
add substances to the State Schedule I and II lists, expand the
definition of "imitation controlled substance," and establish new
criminal penalties related to the possession and sale of an
imitation controlled substance.
* PART CC -- The Senate intentionally omits the Executive proposal to
transfer oversight of healthcare workers from the New York State
Education Department to the Department of Health.
* NEW PART KK -- The Senate advances language to remove certain
restrictions on eligibility for personal and home care services
under Medicaid (S.328).
* NEW PART LL -- The Senate advances language to establish a task
force on missing women and girls who are Black, indigenous, and
people of color (S.4266).
* NEW PART OO -- The Senate advances language to clarify the look-back
period for Medicaid eligibility for home care services (S.2125).
* NEW PART PP -- The Senate advances language to establish a grant
program for medical interns or residents to receive training in the
performance of an abortion and related reproductive health services
and establishes a fund for the grant program to draw from (S.3060).
* NEW PART QQ -- The Senate advances language to establish a Women's
Health Program in state and local correctional facilities (S.4264).
* NEW PART RR -- The Senate advances language to increase the minimum
wage for home care workers by an additional two dollars over two
years subject to federal participation, require the Department of
Health (DOH) to make state-directed payments to providers for the
purposes of supporting wage increases, and allow the Comptroller to
review contracts between managed care organizations and licensed
home care services agencies, fiscal intermediaries, or any agencies
subject to the home care minimum wage increase, to ensure that rates
being offered are adequate and meet the Department's actuarial
standards. Should the Comptroller find evidence of inadequate rates,
it will refer such instances to DOH and the Medicaid Fraud Control
Unit (OMIG) for enforcement. DOH and OMIG will have the ability to
not act on the referral. The reports and responses will be public

information and made available in the Comptroller's website (Part of
S.3189).
* NEW PART SS -- The Senate advances language to cover doula services
under the Medicaid program and establish a rate for those services.
* NEW PART TT -- The Senate advances language to conduct a study on
the Medicaid durable medical equipment, prosthetics, orthotics, and
supply program, focused on rate adequacy and patient access
(S.3131).
* NEW PART UU -- The Senate advances language to retroactively enroll
children in the Child Health Plus program to the first of the month
when their application is submitted (S.4885).
* NEW PART VV -- The Senate advances language to repeal the 340B carve
out, require managed care providers (MCPs) and pharmacy benefit
managers (PBMs) to use the fee-for-service preferred drug list in
developing their formulary, require MCPs and PBMs to reimburse
retail pharmacies and 340B covered entity providers for each drug at
the National Average Drug Acquisition Cost (NADAC) or the
fee-for-service reimbursement rate plus a tiered volume-based
dispensing fee, require a dispensing fee set by the Commissioner to
be an amount of at least $10.18, prohibit MCPs from denying retail
pharmacies the opportunity to participate in their network,
reimburse contract pharmacies under the 340B program under a fee
schedule based on fair market principles and not on a percentage of
a claim's total reimbursement or net margin, and prohibit PBMs from
limiting an individual's choice to receive their medication from
their local, non-mail order pharmacy of choice (S.5136).
* NEW PART WW -- The Senate advances language to expand the number of
facilities in the young adults with medical fragility demonstration
program.
* NEW PART XX -- The Senate advances language to exempt managed
long-term care transportation from the brokers that will be
responsible for managing non-emergency medical transportation for
Medicaid (S.4788).
* NEW PART YY -- The Senate advances language to reject the
administrative changes to the Health Home Program.
* NEW PART AAA -- The Senate advances language to redefine the
qualifications for clinical peer reviewers used in external appeals,
and expands their role to include utilization reviews (S.8113 of
2022).
* NEW PART BBB -- The Senate advances language to establish a grant
program to build reproductive healthcare provider capacity within
the state, fund uncompensated care, and provide financial support to
organizations providing practical support to individuals within and
traveling to the State (S.348-B).
* NEW PART CCC -- The Senate advances language directing the
Department of Health to establish rates of reimbursement for
pediatric diagnostic and treatment centers for services provided on
or after April 1, 2023, to children with medical fragility.
* NEW PART DDD -- The Senate advances language to require the
Department of Health to establish a Director of Hospice and
Palliative Care Access and Quality within the Office of Primary Care
and Health Systems Management (S.4858).
* NEW PART FFF -- The Senate advances language to provide funding for
certified home health agencies and hospice programs to increase
their services in underserved or hard to serve areas of the state.
* NEW PART GGG -- The Senate advances language to codify the quality
incentive program for managed care providers and provide funding for
the program (S.3146).

Medicaid Inspector General, Office of the

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$57.4 million.

Higher Education Facilities Capital Matching Grants Program (HECap)

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of no new capital
funding as follows:
o Restores $45 million for HECap and provides an additional $5
million.
o Adds $30 million for Green HECap.

Higher Education Services Corporation (HESC)

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $60.8
million.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $1.1 billion as
follows:
o Restores:
-$2 million for the Nursing Faculty Scholarship
-$1 million for the Social Worker Loan Forgiveness Program
-$50,000 for the New York Young Farmers Loan Forgiveness
Program
o Adds $7.5 million to increase the maximum TAP ceiling from
$80,000 to $110,000.

Article VII Proposals (S.4006-B)
* NEW PART RR -- The Senate advances language to increase the maximum
TAP eligibility income cap from $80,000 to $110,000 (S.3474).

Homeland Security and Emergency Services, Division of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$138.2 million.

Aids to Localities (S. 4003-B)
* The Senate modifies the Executive All Funds recommendation of $8.9
billion by restoring $1.8 million in Legislative grants.

Capital Projects (S. 4004-B)
* The Senate modifies the Executive All Funds recommendation of $93
million by adding $50 million to support the Volunteer Fire Services
Capital Fund.

Article VII Proposal (S.4005-B)
* PART G -- The Senate accepts the Executive proposal to establish a
hazard mitigation loan fund.
* PART H -- The Senate modifies the Executive proposal regarding
volunteer firefighters by removing language providing localities
with the option to provide a nominal fee to volunteer firefighters.
The Senate accepts the part of the Executive proposal that allows

the Office of Fire Prevention and Control to give a stipend to
volunteer firefighters for completing certain firefighter training
and advances language to increase the income tax credit to volunteer
firefighters from $200 to $800 and to allow the claiming of the
income tax credit and existing property tax exemptions.

Homes and Community Renewal

State Operations (S.4000-B)
* The Senate modifies the Executive All Funds recommendation of $181.6
million, an increase of $46.9 million or 34.8 percent from SFY
2022-23 levels, with modifications to provide funding for the
following:
o $10 million for a Statewide Rent Registry.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $110.8
million, a decrease of $427.5 million or 79.4 percent from SFY
2022-23 levels, with modifications to provide funding for the
following:
o The Senate provides $250 million for the Housing Access Voucher
Program (HAVP).
o Restores:
-$50 million for Land Banks and Land Trusts.
-$35 million for the Homeowner Protection Program (HOPP) and
adds an additional $5 million for a total of $40 million.
o The Senate adds $1 million for the Fair Housing Testing Program
for a total of $3 million.
o The Senate restores $150,000 for the Association for
Neighborhood and Housing Development, and adds $50,000 for a
total of $200,000.

Capital Projects (S.4004-B)
* The Senate modifies the Executive All Funds recommendation of $479.7
million, a decrease of $4.8 billion or 91 percent from SFY 2022-23
levels, with modifications to provide funding for the following:
o Restores:
- $350 million for the New York City Housing Authority
(NYCHA).
- $50 million for Public Housing Authorities outside the City
of New York.
-$100 million for the Mitchell Lama Preservation and
Homeownership Program.
-$7 million for the Small Rental Development Initiative and
adds $13 million for a total of $20 million.
o Adds $250 million for the Infrastructure Support Fund for a
total of $500 million.
o The Senate adds $4.6 million for the RESTORE program for a total
of $6 million.
o The Senate adds $3 million for the Access to Homes program for a
total of $4 million.

Article VII Proposal (S.4006-B)
* PART F -- The Senate modifies the Executive proposal to set housing
growth targets by removing mandatory requirements and overrides of
local zoning, doubling total available incentives for smart growth
to $500 million in State assistance, supporting the creation of a
land use advisory council to review municipal growth over the next

three years, and awarding the $500 million in incentives to
municipalities that achieve target goals. The Senate recognizes and
supports the need for an expanded and diversified housing supply,
particularly affordable housing, in order to address the State's
affordability crisis while recognizing the critical role of
community input in meeting development needs with community buy-in
to different development strategies. The Senate will further
consider programs, policies, and incentives to facilitate the
development of a robust and sustainable housing supply across the
State in conjunction with partners in State government.
* PART G -- The Senate intentionally omits the Executive proposal to
require municipalities in the New York City metro area to amend
their zoning to encourage transit-oriented development.
* PART H -- The Senate modifies the Executive proposal to require
local boards to submit certain information related to zoning, and
the construction, rehabilitation and conversion of buildings to the
Commissioner of the Division of Homes and Community Renewal to
include language that binds the program in statute to funds
allocated by the Executive to ensure localities obtain technical and
financial assistance, and removes mandatory reporting requirements.
* PART I -- The Senate intentionally omits the Executive proposal to
expand the circumstances under which localities may consider a
dwelling abandoned.
* PART J -- The Senate modifies the Executive proposal to amend the
residential requirements for multiple dwellings for commercial
conversions to combine its regulatory changes with the commercial
conversion tax incentive recommended in Part P of the Executive
Budget (S.5080) and adds an opt-in commercial conversion tax
incentive outside of New York City, as well as addressing labor
standards.
* PART K -- The Senate intentionally omits the Executive proposal to
allow the City of New York to establish a program which addresses
the legalization or the conversion of basement and cellar dwelling
units.
* PART L -- The Senate intentionally omits the Executive proposal to
eliminate the residential 12.0 floor area ratio (FAR) requirement in
New York City.
* PART M -- The Senate intentionally omits the Executive proposal to
update tax abatement incentives for affordable multiple dwellings in
New York City, and intends to address an updated tax abatement for
the City of New York outside of the budget process (S.4709).
* PART N -- The Senate intentionally omits the Executive proposal to
provide an opt-in tax exemption for new multi-family development
outside of New York City.
* PART O -- The Senate intentionally omits the Executive proposal to
provide homeowners with an opt-in tax exemption for the creation of
new accessory dwelling units outside of New York City.
* PART P -- The Senate intentionally omits the Executive proposal to
create a tax incentive program to convert commercial buildings to
residential dwellings in New York City and combines the provisions
with ELFA Part J of the Executive Budget.
* PART Q -- The Senate modifies the Executive proposal to increase
funding for the Rural Preservation Program from $5.36 million to
$7.75 million and increase the funding for the Neighborhood
Preservation Program funding from $12.8 million to $17.78 million.
In addition, the Senate provides carve outs of $125,000 each for the
Neighborhood and Rural Preservation Coalitions.

* PART R --The Senate intentionally omits the Executive proposal to
extend the 421-a completion deadline, with an intention to address
projects on an individual basis outside of the budget process.
* NEW PART GG -- The Senate advances a new proposal to create the
Housing Access Voucher Program to provide rental assistance in the
form of vouchers to individuals who are homeless or facing imminent
risk of becoming homeless (S.568-A).
* NEW PART JJ -- The Senate advances a new proposal to require the New
York City Housing Authority to compensate residents for disruptions
in vital services such as utilities (S.546).
* NEW PART OO -- The Senate advances a new proposal establishing the
Special Commission on Affordable Housing (S.9462 of 2022).
* The Senate supports advancing tenant protections that align with the
core principles of Good Cause Eviction.
* The Senate supports the concepts and core principles of the
short-term rentals bill and intends to address the issue outside of
the budget process.

Hudson River Valley Greenway Communities Council

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $245,000.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $250,000.

Human Rights, Division of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $28.9
million, an increase of $7.8 million or 37.5 percent from SFY
2022-23 levels.

Indigent Legal Services, Office of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$7.3 million.

Aids to Localities (S. 4003-B)
* The Senate modifies the Executive All Funds recommendation of $359.3
million as follows:
o Adds $25 million for the Assigned Counsel Program ("18-B"), to
support the modification of Article VII PPGG Part P.
o Adds $10 million for the Parental Representation Program.

Article VII Proposals (S.4005-B)
* PART P -- The Senate modifies the Executive proposal regarding the
Assigned Counsel Program by raising the hourly rate for attorneys to
$180 for downstate counties and $158 for upstate counties, to be
phased in over a period of five years. The Senate also advances
language that will require the State and counties to share the cost
of the rate increase (S.1777-A).

Information Technology Services, Office of

State Operations (S.4000-B)

* The Senate concurs with the Executive All Funds recommendation of
$863.2 million, an increase of $36.1 million or 4.4 percent from SFY
2022-23 levels.
o The Senate provides $500,000 for an inventory of technological
assets.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$130.7 million, an increase of $15 million or 13 percent from SFY
2022-23 levels.

Article VII Proposal (S.4005-B)
* NEW PART VV -- The Senate advances language to require all state
agencies to perform an inventory of technological assets, including
all hardware and software, for the purpose of identifying
vulnerabilities and capacity needs.

Inspector General, Office of the State

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$9.8 million, an increase of $1.4 million or 16 percent from SFY
2022-23 levels.

Interest on Lawyer Account

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$2.2 million.

Aids to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$52 million.

Judiciary

Legislature and Judiciary (S.4001-A)
* The Senate modifies the Office of Court Administration All Funds
recommendation of $3.4 billion as follows:
o Adds $19 million to support a two-year pilot program in New York
City to operate Family Court until midnight.
o The Senate proposes to modify the Office of Court Administration
budget to require mandatory reporting to the Legislature and
Executive subject to withholdings of non-personal service
funding for failure to comply.

Article VII Proposals (S.4005-B)
* PART U -- The Senate intentionally omits the Executive proposal to
apply a variable, market-based interest rate to court judgments.
* NEW PART RR -- The Senate advances language to create a two-year
pilot program in New York City to operate Family Court until
midnight (S.2355).
* NEW PART XX -- The Senate advances language to authorize
audio-visual recording in judicial proceedings (S.160).
* NEW PART DDD -- The Senate advances language to increase
transparency in the Unified Court System, including requiring the
Office of Court Administration to report certain information to the
other branches of government.

Judicial Conduct, Commission on

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$8.1 million.

Judicial Nomination, Commission on

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$30,000.

Judicial Screening Committee

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$38,000.

Justice Center for Protection of People with Special Needs

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$60.9 million.

Aids to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$800,000.

Labor, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$1.1 billion, a decrease of $111.3 million or 10.2 percent from SFY
2022-23 levels.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $6.2 billion, a
decrease of $4 billion or 39 percent from SFY 2022-23 levels:
o Restores $19.4 million in funding for Senate priorities.
o Adds $4.2 million for the Cornell Industrial Labor School
Climate Jobs Institute.
o Adds $1.5 million for the Cornell Industrial Labor School
Cannabis Workforce Initiative.
o Adds $2.5 million for other Senate Legislative Priorities,
including:
-$750,000 for the Edward Malloy Apprenticeship Program.
-$250,000 for a Non-Traditional Employment for Women Child
Care pilot program.
-$250,000 for the Workforce Development Institute Hazard
Abatement Program.
o Adds $1 million for New Jewish Home for training for
under-privileged youth to become Certified Nurse Assistants, and
using this model to expand these training services Statewide.

Article VII Proposals (S.4006-B)
* PART S -- The Senate intentionally omits the Executive proposal
related to minimum wage indexing. The Senate supports raising the
minimum wage and then indexing the minimum wage to inflation after a

sufficient increase to ensure that New Yorkers earn a living wage to
support their basic needs and the needs of their families.
* PART T -- The Senate intentionally omits the Executive proposal to
require New York City to establish an Office of Community Hiring and
Workforce Development.
* NEW PART AA -- The Senate advances language to expand the Healthy
Terminals Act to include New York Stewart International Airport as a
covered airport location for purposes of establishing specific
standards for prevailing wage rates for airport workers (S.3571).
* NEW PART BB -- The Senate advances language to extend paid sick
leave to domestic workers (S.1801).
* The Senate supports reviewing options to address access to benefits
for those who are ineligible for traditional unemployment benefits.
* The Senate supports exploring the use of conduit financing to
provide unemployment insurance premium relief to business owners
across the State.

Labor Management Committees

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$37.8 million, an increase of $12.3 million or 48.3 percent from SFY
2022-23 levels.

Law, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$342 million, an increase of $21.8 million compared to SFY 2022-23
levels.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$2.75 million, a decrease of $3.75 million compared to SFY 2022-23
levels.

Lieutenant Governor, Office of the

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $746,000,
which is no change from SFY 2022-23 levels.

Local Government Assistance

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$2.5 million for the Financial Restructuring Board, unchanged from
SFY 2022-23 levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$754.2 million, unchanged from SFY 2022-23 levels, with
modifications to provide funding for the following:
o $210 million in additional funding for Aid and Incentives to
Municipalities (AIM), distributed proportionally across the
State to current AIM recipients.
o $300,000 for the Village of New Paltz for expenses related to
police and fire services associated with SUNY New Paltz.

o $289,000 for the City of Kingston for Sojourner Truth Park.
o $33,000 for the Town of Ulster for Sojourner Truth Park.
o $250,000 for the Aid and Incentives for Municipalities (AIM)
Redesign Task Force.

Article VII Proposal (S.4005-B)
* PART AA -- The Senate accepts the Executive's proposal to extend
various commercial property and sales tax incentives in New York
City.
* PART BB -- The Senate intentionally omits the Executive's proposal
to repeal the County-Wide Shared Services Initiative payment to the
North Shore Water Authority.
* NEW PART LL -- The Senate advances language to establish a New York
Aid and Incentives for Municipalities (AIM) redesign task force
(S.770). This task force would study the current AIM formula and
distribution levels, and explore reinstating AIM funding for New
York City.
* NEW PART AAA -- The Senate advances language to increase monitoring
and oversight of Orange County Industrial Development Agency (IDA)
activities and decision making, including but not limited to
contracting and payment in lieu of taxes agreements.

Article VII Proposal (S.4008-B)
* NEW PART ZZZ -- The Senate advances language to repeal the Madison
Square Garden tax exemption and send all future revenues generated
from property taxes on such property to the Metropolitan
Transportation Authority (MTA).

Mental Health, Office of

State Operations (S.4000-B)
* The Senate modifies the Executive All Funds recommendation of $2.3
billion by modifying appropriation language to include reporting
requirements to notify the Legislature before residential, community
and State-operated beds are opened.

Aids to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $2.7
billion as follows:
-Adds $130 million to support an 8.5 percent Cost-of-Living
Adjustment (COLA).
-Adds $10 million to establish a Daniel's Law Pilot Program.
The Pilot Program would support new and existing programs
that respond to the needs of individuals involved in a
mental health crisis. Funding would be used to establish the
utilization of best practices, create reporting
requirements, and incentivize local governments to improve
services related to mental health crisis awareness and
response.
- Adds $5 million in Legislative grants.
* $3 million to support restoration of prior year grants.
-$3 million to support workgroups to study and issue
recommendations on suicide prevention in LGBTQ+, Black, and
Latina children and youth.
-Adds $1.06 million to support Comprehensive Care Center for
Eating Disorders.
-Adds $300,000 for the Veteran's Mental Health Training
Initiative.

-Reduces $700,000 for intentionally omitting HMH Part GG.

Capital Projects (S.4004-B)
* The Senate modifies the Executive All Funds recommendation of $1.5
billion as follows:
o Modifies appropriation language to include reporting
requirements to notify the Legislature before residential,
community and State-operated beds are opened.
o Carves out up to $9 million to support beds operated by Fountain
House Inc.

Article VII Proposal (S.4007-B)
* NEW PART ZZ -- The Senate advances language to create workgroups to
study and issue recommendations on suicide prevention in LGBTQ+,
Black, and Latina children and youth.
* NEW PART HHH -- The Senate advances language to create a workgroup
to study and issue recommendations on implementing Daniel's Law, and
create a pilot program to support non-police, trauma-informed,
community-led responses to mental health, alcohol, and substance use
crises.

Mental Hygiene, Department of

State Operations (S.4000-B)
* The Senate modifies the Executive All Funds recommendation of $600
million as follows:

o Adds $500 million appropriation to support 8.5 percent COLA.

Article VII Proposal (S.4007-B)
* PART DD -- The Senate modifies the Executive proposal to provide a
2.5 percent cost-of-living adjustment by increasing the
cost-of-living adjustment to 8.5 percent and indexing future
cost-of-living adjustments to the consumer price index (Part of
S.1291).
* PART EE -- The Senate modifies the Executive proposal extending the
managed long-term care statute for the Office of People with
Developmental Disabilities (OPWDD) by reducing the extension to one
year.
* PART FF -- The Senate accepts the Executive proposal to increase
flexibility in delegating nursing tasks by allowing direct support
staff in OPWDD community-based programs to perform certain tasks, if
under the instruction of the service recipient or their
representative, and supervised by a registered professional nurse.
* PART GG -- The Senate intentionally omits the Executive proposal to
create a "qualified mental health associate" credential for
paraprofessionals who provide services for the Office of Mental
Health.
* PART HH -- The Senate accepts the Executive proposal to allow the
Office of Mental Health and the Office of Addiction Services and
Supports to jointly license certified community behavioral health
clinics and create an Indigent Care Pool to compensate providers who
suffer losses due to uncompensated care.
* PART II -- The Senate accepts the Executive proposal to require
commercial insurance coverage of certain behavioral health services,
exempt certain behavioral health services and substance use disorder
drugs from preauthorization or utilization review, require payment
parity for telehealth mental health services, create penalties for

payment parity violations, and require DFS to promulgate regulations
related to behavioral health and substance use disorder network
adequacy.
* PART JJ -- The Senate modifies the Executive proposal to enhance the
authority of the Commissioner to impose penalties on providers for
failing to comply with operating certificates or the Mental Hygiene
Law by including protections for attempts made in good faith to
comply with applicable operating certificates and the law.
* NEW PART EEE -- The Senate advances language to direct the
Commissioner to establish a maternal mental health workgroup to
study and issue recommendations related to maternal mental health,
perinatal, and postpartum mood and anxiety disorders (S.2359).

People with Developmental Disabilities, Office for

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$2.4 billion.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $4.9
billion as follows:
o Adds $290 million to support an 8.5 percent Cost-of-Living
Adjustment (COLA).
o Adds $1 million to support Legislative Grants, including a
$450,000 restoration to support prior year Legislative Grants.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$119.5 million.

Article VII Proposal (S.4007-B)
* NEW PART NN -- The Senate advances language to create an independent
intellectual and developmental disability ombudsman program
(S.3108).

Planning Council, Developmental Disabilities

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$4.76 million.

Metropolitan Transportation Authority

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $892.2
million, a decrease of $9.6 million or 1.1 percent from SFY 2022-23
levels.
* The Senate rejects the MTA's proposed biennial fare hikes in 2023
and 2025.
* The Senate supports the MTA implementing a pilot program to test
providing two free buses in each borough.

Article VII Proposal (S.4008-B)
* PART A -- The Senate accepts in principle the Executive proposal to
create a five-year pilot program for the operation of a camera
enforcement program on MTA buses for vehicles illegally stopped or

parked in bus stops and lanes, bike lanes, double parking areas, and
in general no standing zones and adds other conforming language.
* PART B -- The Senate intentionally omits the Executive proposal to
establish a speed camera program for the Triborough Bridge and
Tunnel Authority.
* PART C -- The Senate intentionally omits the Executive proposal to
permanently extend the MTA's authorization to enter into alternative
financing arrangements such as value capture with locals and
permanently extend several MTA procurement authorizations.
* PART D -- The Senate intentionally omits the Executive proposal to
require New York City to fully cover the net paratransit operating
expenses of the MTA, to fully cover the MTA's net fare revenue
difference from providing reduced Metro Card rates for K-12 students
within the City, and to fully cover forgone revenue related to
Payroll Mobility Tax exemptions.
* PART E -- The Senate intentionally omits the Executive proposal to
authorize the MTA to expand insurance coverage through its
Owner-Controlled Insurance Program (OCIP) to include projects
related to buses, bridges, and tunnels, including reconstruction.
* PART G -- The Senate accepts the Executive proposal extending
binding arbitration provisions in facilitating settlements between
the MTA and labor representatives for two years.
* PART H -- The Senate modifies the Executive proposal to expand the
aggravated assault provisions involving physical injury against
transportation workers to include traffic checkers, motor vehicles
license examiners, motor vehicle representatives, highway workers,
motor carrier investigators, and motor vehicles inspectors by adding
ferry workers and including highway work zone safety protections
(S.4647).
* PART I -- The Senate modifies the Executive proposal to expand the
current MTA transit ban law to ban people who assault passengers,
customers, or MTA contractors and to expand the law to include
offenses committed "adjacent to" the Authority's transportation
facilities, and authorize courts to ban offenders outside of the
county where the sentencing judge sits. The modification prohibits
the Authority from using facial recognition technology to enforce
the bans.
* PART Q -- The Senate intentionally omits the Executive proposal to
increase the Metropolitan Commuter Transportation Mobility Tax
("Payroll Mobility Tax").
* PART R -- The Senate modifies the Executive proposal to direct
funding from downstate casino licenses to the Metropolitan
Transportation Authority (MTA) by ensuring that recurring casino tax
revenues will be dedicated to education.
* PART UUU -- The Senate advances legislation including the Far
Rockaway LIRR station in the MTA's Atlantic Ticket program (S.4719).
* PART AAAA -- The Senate advances a new proposal to increase MTA data
transparency by requiring individual contract and project numbers
and information and requiring more detail on capital and financial
plan expenditures (S.3545 of 2023 and S.2768 of 2022).
* NEW PART BBBB -- The Senate advances legislation increasing the
corporate franchise tax surcharge levied for the Metropolitan
Transportation Authority from 30% of State liabilities to 45% of
State liabilities.
* NEW PART DDDD -- The Senate advances language authorizing New York
City to establish a parking permit system for residential
neighborhoods in the City. Revenues from the parking permit system
will be dedicated to the MTA.

* NEW PART EEEE -- The Senate advances legislation to exempt local
governments in Dutchess, Orange, Putnam, and Rockland from the MTA
payroll tax and residents of those counties from supplemental
vehicle registration and license fees used to fund the MTA.
* NEW PART FFFF -- The Senate advances language establishing a
surcharge on transportation network company rides that occur in the
City of New York to be dedicated to the MTA, and advances language
establishing a surcharge on transportation network company rides
that occur outside the City of New York which will be dedicated to
Upstate and Downstate non-MTA transit funding.

Military and Naval Affairs, Division of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$150 million.

Aids to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$1.5 million.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$180 million.

Mortgage Agency (SONYMA)

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$76.8 million, unchanged from SFY 2022-23 levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$207 million, an increase of $51.7 million or 1.3 percent from SFY
2022-23 levels.

Motor Vehicles, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $118.9
million, an increase of $2.4 million or 2.1 percent from SFY 2022-23
levels.

Aids to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $24.8
million, unchanged from SFY 2022-23 levels.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive recommendation of $333.97
million, a decrease of $95.6 million or 22.4 percent from SFY
2022-23 levels.

Article VII Proposals (S.4008-B)
* PART J -- The Senate modifies the Executive proposal to extend DMV's
authorization to permit autonomous vehicle demonstrations and tests
for one year until April 1, 2024 by accepting the extension and
including vehicle to vehicle communication technology to their
testing and demonstrations.

* PART L -- The Senate modifies the Executive Proposal to expand the
"dangerous driving offenses" triggering DMV refusal to issue a
driver's license to include per se DWI (.08 BAC), aggravated DWI
(.18 BAC), first- and second-degree vehicular assault, aggravated
vehicular assault, first- and second-degree vehicular manslaughter,
and aggravated vehicular homicide to add mandatory installation of
ignition interlock devices for DWI convictions (S.775) and
dedicating DWI surcharges revenues to STOP-DWI program expenses
(S.2712).
* PART M -- The Senate accepts the Executive proposal to change the
portion of fees a county clerk may receive from the DMV for handling
motor vehicle-related services.
* PART N -- The Senate modifies the Executive's proposal to increase
penalties on commercial vehicles that park overnight in residential
areas in New York City by incorporating higher fines (S.518) and
addressing the issue of overnight school bus parking in residential
neighborhoods (S.1186).

The Senate supports efforts to modernize the DMV's Insurance Information
and Enforcement System for the Compulsory Insurance Program, including
adoption of an online verification system.

National And Community Service

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $30.9
million, a decrease of $2,281 or 0.01 percent from SFY 2022-23
levels.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $454,000, an
increase of $22,000 or 5.1 percent from SFY 2022-23 levels.

Olympic Regional Development Authority

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $14.1
million.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive recommendation of $90 million.

Parks, Recreation and Historic Preservation

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $353.7
million.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $11.6
million.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $344.9 million
by restoring $50 million in funding for infrastructure projects at
State parks.

Article VII Proposal (S.4008-B)

* PART MM -- The Senate accepts in principle the Executive proposal to
expand funding for snowmobile trail development and maintenance
through an increase to snowmobile registration fees and makes a
technical change to grant application requirements.
* PART NN -- The Senate intentionally omits the Executive proposal to
alter pleasure vessel equipment standards.
* NEW PART CCC -- The Senate advances language requiring the
Department of Parks, Recreation and Historic Preservation to develop
a parks passport program (S.261).
* NEW PART DDD -- The Senate advances language to study a proposed
expansion of the Long Island Motor Parkway (S.3011).

Power Authority, New York

Capital Projects (S.4004-B)
* The Senate concurs with the Executive recommendation of $7.5
million.

Article VII Proposal (S.4008-B)
* PART XX -- The Senate intentionally omits the Executive proposal to
authorize NYPA to develop and operate renewable energy generating
programs and use the proceeds to establish the Renewable Energy
Access and Community Help Program. The Senate has already passed
S.4134, which addresses the issue in a comprehensive manner.
* PART YY -- The Senate accepts the Executive proposal to extend
NYPA's current authorization to procure renewable products, allocate
and sell renewable products that it produces or procures to public
entities and NYPA customers by 20 years to June 30, 2044.

Prevention of Domestic Violence, Office for the

State Operations (S.4000-B)
* The Senate modifies the Executive All Funds recommendation of $5.1
million as follows:
o Reduces $300,000 due to intentionally omitting Article VII PPGG
Part I related to the modernization of domestic and gender-based
violence model policy.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of $7
million.

Article VII Proposal (S.4005-B)
* PART I -- The Senate intentionally omits the Executive proposal to
modernize gender-based violence policies and procedures and takes
the position that such a proposal requires significant discussion
with various stakeholders and should be addressed outside of the
budget process.

Prosecutorial Conduct, Commission on

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$1.8 million. The Senate urges the Governor to effectuate all
necessary appointments to the Prosecutorial Conduct Commission as
soon as possible so the Commission can undertake its critical work.

Public Employment Relations Board

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$4.9 million, an increase of $636,000 or 14.7 percent from SFY
2022-23 levels.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation to
zero out funding for the modernization program of SFY 2022-23 that
becomes a reappropriation this year.

Ethics and Lobbying in Government, Commission on

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$7.8 million.

Article VII Proposal (S.4005-B)
* PART Z -- The Senate accepts the Executive proposal to stagger term
durations for appointees to the Commission on Ethics and Lobbying in
Government.

Public Service, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $111.8
million.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $205.8
million, with modifications to codify the Energy Affordability
Guarantee and to clarify that any energy usage cap applies only to
energy usage subject to the Guarantee.

Article VII Proposal (S.4008-B)
* PART VV -- The Senate modifies the Executive proposal to make
permanent the State's current authorization to allow various
agencies to finance costs incurred on behalf of the Department of
Public Service from assessments on cable television companies and
public utilities by reducing it to a one-year extension.
* NEW PART LLL -- The Senate advances language to require utilities to
submit details on their customer arrears to the Public Service
Commission and directs the Commission to issue a report on customer
arrears across the state, as well as the effects of the
COVID-19-related state of emergency on the provision of electric,
gas, water, and telephone services to residential and commercial
customers (Parts of S.1316 and S.1293).
* NEW PART MMM -- The Senate advances language to align the Public
Service Law with the emission reduction mandates of the Climate
Leadership and Community Protection Act, ensure an equitable
transition from the gas distribution system to a renewable system
for heating and hot water, eliminate entitlement for new gas
connections, and cap the energy burden of low income households to
6% of their income (S.2016).

State, Department of

State Operations (S.4000-B)

* The Senate concurs with the Executive All Funds recommendation of
$139.3 million, an increase of $21.2 million or 17.9 percent from
SFY 2022-23 levels, with modifications to provide funding for the
following projects:
o $5 million for establishing the Office of Racial Equity and
Social Justice.
o $5 million for establishing the Office of Native American
Affairs.
o $1 million establishing the Commission on Asian Americans and
Pacific Islanders.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive All Funds recommendation of
$179.2 million, a decrease of $24 million or 11.8 percent, with
modifications to provide funding for the following:
o Restores $20 million for Asian American and Pacific Islander
(AAPI) equity budget coalition priorities, and adds $12.25
million for the Asian American and Pacific Islander (AAPI)
equity budget coalition priorities.
o Adds $30 million for the Office of New Americans.
o Adds $7 million for the Local Code Enforcement Program.
o Restores $1.35 million for the Public Utility Law Project, and
adds $650,000 for a total of $2 million.
o Restores $2 million for the New York State Immigration Coalition
and adds $500,000 for this purpose.
o Adds $1 million for Native American Health Clinics.
o Adds $224,000 for State Opportunity Centers in Westchester
County to support the growing immigrant population.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive recommendation of $202
million, which is no change from SFY 2022-23.

Article VII Proposals (S.4005-B)

* NEW PART MM -- The Senate advances language establishing the Office
of Native American Affairs to act as a centralized office for Native
American nations to access information on State programs that are
applicable to Native Americans (S.4648).
* NEW PART NN -- The Senate advances language establishing an Asian
American and Pacific Islander (AAPI) Commission, which would be
tasked with developing statewide programs and policies to both
recognize and encourage the growth of the AAPI communities in the
state (S.1051).
* NEW PART QQ -- The Senate advances language creating the Office of
Racial Equity and Social Justice to serve as the official State
planning and coordinating office for changes in race or social
justice policies, practices, and in the allocation of State
resources. It is essential that the Office consider plans for
eliminating institutional racism and improving racial equity and
social justice (S.1359).

Article VII Proposals (S.4008-B)
* PART T -- The Senate accepts the Executive's proposal to simplify
the process by which a residential condominium designates the
secretary of state as agent for service of process.
* PART V -- The Senate intentionally omits the Executive proposal to
expand authorization to perform natural organic reduction.

* PART X -- The Senate modifies the Executive proposal to provide
flexibility under the Open Meetings Law (OML) to public bodies
organized for disability matters by advancing language to specify
which public bodies would be able to host fully-virtual open
meetings, link the term "individuals with disabilities" to the
existing parameters set by Human Rights Law, and allow for
individuals with disabilities to be counted toward a quorum under
the existing hybrid OML system (S.1525).
* PART Y -- The Senate accepts the Executive proposal to establish
traineeships for nail salon employees and alter requirements for
cosmetologists and barbering apprentices.

State Police, Division of

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$1.1 billion.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$237.5 million.

Article VII Proposals (S.4005-B)
* PART E -- The Senate modifies the Executive proposal to establish a
statewide repository of criminal shooting incidents by including
language to prohibit the inclusion of personally identifiable
information in the repository. The Senate opposes data in this
repository being used to establish or facilitate any policy that
would lead to the over-policing of neighborhoods.

State University of New York (SUNY)

State Operations (S.4000-B)
* The Senate modifies the Executive recommendation of $11.6 billion as
follows:
o Modifies the endowment to ensure Comptroller oversight of funds
and grants the SUNY Trustees authority to determine eligibility
for the endowment.
o Provides additional:
-$151 million for operating aid.
-$14.6 million for the elimination of graduate student fees.
-$7.3 million for SUNY Educational Opportunity Centers.
-$6 million for SUNY Educational Opportunity Programs.
-$350,000 for SUNY Black Leadership Institute.
o Restores:
-$68 million for SUNY Hospitals Debt Service. The Senate
understands and continues to support the critical role that
SUNY Hospitals play in providing critical safety net
coverage.
-$1 million for SUNY Maritime.
-$1 million for Mental Health Services.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $445.4 million
as follows:
o Provides additional:
-$16.7 million in additional operating aid for the community
colleges.

-$11.2 million for the FIT County Chargeback.
-$1.7 million for the New York City Cornell Cooperative
Extension Program.
o Restores $5.4 million for child care centers.
* The Senate omits language requiring SUNY to submit a plan to DOB to
operate in the future without a base aid funding floor.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $1.7 billion as
follows:
o Restores:
-$350 million in Flexible Capital.
-$10 million for Maintenance of the EOP Centers.
o Rejects $200 million for the SUNY-Wide Digital Transformation
Initiative.

Article VII Proposal (S.4006-B)
* PART B -- The Senate intentionally omits the Executive proposal to
increase tuition at SUNY and CUNY.
* PART C -- The Senate accepts the Executive proposal to ensure
medication abortion access at SUNY and CUNY.
* NEW PART CC -- The Senate advances language to eliminate current and
future mandatory university fees to SUNY and CUNY graduate students,
where the graduate student is serving either as a full-time or
half-time graduate student worker (S.3500).
* NEW PART PP -- The Senate advances language to establish the SUNY
Black Leadership Institute (S.4743).
* NEW PART QQ -- The Senate advances language to allow cadets that
receive a SUNY Maritime scholarship to be allowed to use scholarship
money on any cost associated with attendance (S.5083).
* The Senate supports exploring options to raise additional resources
for SUNY through increases to out-of-State tuition while ensuring
that tuition remains competitive with other states' higher education
systems.

Statewide Financial System

State Operations (S.4000-B)
* The Senate concurs the Executive All Funds recommendation of $32
million, an increase of $65,000 or 0.2 percent from SFY 2022-23
levels.

Tax Appeals, Division of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $3.4
million, an increase of $72,400 or 2.1 percent from SFY 2022-23
levels.

Taxation and Finance, Department of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $471.9
million, consistent with SFY 2022-23 levels.

Aid to Localities (S.4003-B)

* The Senate concurs with the Executive recommendation of $7.9
million, an increase of $1.0 million or 12.6 percent from SFY
2022-23 levels.

Temporary and Disability Assistance, Office of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $465.6
million, a decrease of $186 million or 28.6 percent from SFY 2022-23
levels.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $7.9 billion as
follows, an increase of $1.4 billion or 20.5 percent from SFY
2022-23 levels as follows:
o Adds:
-$389 million for the Emergency Rental Assistance Program
(ERAP) for a total of $639 million.
-$5 million for Legal Representation for Eviction Outside of
NYC for a total of $40 million.
-$5 million in additional support for the Refugee Resettlement
Program, for a total of $7 million.
-$1.5 million for the Disability Advocacy Program (DAP), for a
total of $6.75 million.
-$16 million to provide an allowance for the cost of diapers.
-$20 million for a 30% cap on rent contributions for
HIV-positive individuals.
-$5 million to support legislative initiatives.
o Restores $3 million for the Double Up Food Bucks program.
o Restores funding for the following TANF programs:
-$5.9 million for the Child Care Facilitated Enrollment
Demonstration Projects in New York City and Monroe Counties.
-$2.5 million for the Child Care Facilitated Enrollment
Demonstration Welfare Projects in the Capital District and
Oneida County.
-$800,000 for the Welfare to Careers Program.
o The Senate supports reimbursing NYC for 29 percent of claims
even if claims exceed the $1 billion appropriated for the
Migrant Service and Assistance program.
o The Senate supports expanding summer youth employment
opportunities to a year-round initiative.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive recommendation of $128
million, unchanged from SFY 2022-23 levels.

Article VII Proposal (S.4006-B)
* PART X -- The Senate modifies the Executive proposal to increase
access to education and economic stability for public assistance
recipients by advancing language which creates a six-month earned
income disregard in certain circumstances (S.2144).
* PART Y -- The Senate modifies the Executive proposal to provide
reimbursement to victims of public assistance fraud to include the
reimbursement of additional benefits (S.4736).
* PART Z -- The Senate accepts the Executive proposal to authorize the
pass-through of any Federal Supplemental Security Income Cost of
Living Adjustment.

* NEW PART II -- The Senate advances language to require local social
service districts to cap rent contributions for HIV-positive people
at 30 percent of their household income (S.183).
* NEW PART KK -- The Senate advances language to require the Office of
Temporary and Disability Assistance to establish a statewide program
that would automatically grant individuals and families who qualify
for income-based affordability programs eligibility for utility
corporation energy affordability programs and requires notification
of eligibility to other relevant affordability programs to
participants (S.4548).

Thruway Authority

Article VII Proposal (S.4008-B)
* PART F -- The Senate modifies the Executive proposal to create a new
mechanism for DMV to block the registration of a vehicle based on a
toll-related offense, increase penalties for license plate
concealment, and authorize law enforcement and the DMV to seize
license plate obstructing materials by replacing it with the
Senate's Toll Payer Protection Act (S.492-A) and including
additional public outreach language.
* NEW PART VVV -- The Senate advances a new proposal to require all
locations that sell E-ZPasses to allow for use of cash payments for
E-ZPasses and waives E-ZPass deposit requirements for 60 days after
a toll increase (S.1361).

Transportation, Department of

State Operations (S.4000-B)
* The Senate modifies the Executive recommendation of $494.4 million,
an increase of $50.8 million or 11.5 percent from SFY 2022-23 levels
by adding $2 million for 10 State railroad inspectors.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $5.4 billion, an
increase of $642.5 million or 13.5 percent from SFY 2022-23 levels
as follows:
* Adds:
o $88.6 million in additional support for STOA funding to non-MTA
transit systems which would provide a 20% increase, for a total
of $5 billion.
o $10 million in additional support for the Innovative Transit
Mobility Pilot Program, for a total of $20 million.
o $16 million for grants to municipalities to fund DOT project
studies. These grants will help municipalities fund initial
designs for road and transit projects, including but not limited
to the following studies:
-State Route 35 and State Route 202.
-State Route 9-A in Manhattan.
-Brooklyn Boulevard.
o $6 million for the Cross Bay Bridge Reimbursement Program.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $8.59 billion,
an increase of $118.4 million or 1.4 percent from SFY 2022-23 levels
as follows:
o Adds:

-$2 billion per year in additional support for the State Road
and Bridge Program, for a total of $8 billion over four
years, to support bringing roads to a state of good repair
within the five-year Capital Plan. This funding will also
include, but not limited to, supporting the following
priority projects:
- Complete Streets project in the Village of Kiryas Joel.
- Renovation of Brookville Blvd in Queens.
- Running Track Bridge Project in Rochester.
- Cars on Main Street project along the Buffalo Historic
Commercial Corridor.
- Center for Community Transportation project extending
the Cayuga Waterfront.
- Prospect Street Repairs into the Seneca Nation Indian
Hill Community.
- Relocation of Freight Rail Lines in Lackawanna.
-$200 million in additional support for the Consolidated Local
Street and Highway Improvement Program (CHIPS), for a total
of $738.1 million.
-$10 million for the Marchiselli Program, for a total of $50
million.
-$50 million for Bridge NY, for a total of $250 million.
-$70 million in additional support for the Extreme Winter
Recovery program, for a total of $150 million.
-$30 million in additional support for the State Touring
Routes Program, for a total of $130 million.
-$5 million in additional support for Complete Streets project
studies, for a total of $10 million.
-$7 million in additional support for the Verrazzano Bridge
residential and commercial toll rebate program to account
for upcoming toll increases, for a total of $26 million.
-$15 million in additional support for the Maintenance of
State Arterials roads.
o The Senate supports $100 million for a new five-year capital
plan for the Niagara Frontier Transportation Authority (NFTA).
o The Senate will additionally engage the Department on repairing
and modernizing the state-owned portion of the Brooklyn-Queens
Expressway, as well as ensuring the Department engages with the
City of New York with respect to providing the assistance it
needs to complete the capital work on the City-owned portion of
the BQE.

Article VII Proposal (S.4008-B)
* PART K -- The Senate accepts the Executive proposal authorizing New
York City to lower its speed limit from 25 mph to 20 mph. The Senate
also underscores the importance of the City using a data-driven
approach in setting and determining speed limits to ensure that
motor vehicles operate at safe speeds in a manner that optimizes all
road users' safety and convenience.
* PART O -- The Senate intentionally omits the Executive proposal to
expand the type of commercial vehicles the Department may seize for
failed inspection due to out-of-service safety-related defects. The
Senate has already passed a commercial motor vehicle and stretch
limousine safety package pursuant to the Stretch Limousine Safety
Task Force Report (S.1367, S.1368, S.1369, S.1370-A, S.1371, S.1442,
and S.1443-A).
* PART P -- The Senate accepts the Executive proposal to add "quick
clearance" language allowing and requiring motorists involved in a

crash to responsibly move away from the flow of traffic in a timely
manner in the event of a motor vehicle crash that does not involve
an injury.
* NEW PART OOO -- The Senate advances a new proposal to allow park and
ride projects to be eligible for Marchiselli funding (S.5204).
* NEW PART PPP -- The Senate advances a new proposal to authorize a
traffic flow and safety study of State Route 35 and State Route 202
in Westchester County (S.4531-A).
* NEW PART RRR -- The Senate advances a new proposal to authorize the
creation of the East of Hudson Road Salt Reduction Task Force
(S.2706).
* NEW PART SSS -- The Senate advances legislation to increase the
state reimbursement rate for local maintenance of arterial roads by
updating the reimbursement formula to reflect inflation, and also
indexes future reimbursement rates to the Consumer Price Index (CPI)
in the Metropolitan Region (S.3529 of 2022).
* NEW PART TTT -- The Senate advances a new proposal to authorize
cities of 250,000 or more to establish scramble crosswalks near
school zones on weekdays during school hours (S.2515-A).
* NEW PART CCCC -- The Senate advances legislation authorizing a study
of State Route 9-A in Manhattan.

Veterans' Affairs, Division of

State Operations (S.4000-B)
* The Senate modifies the Executive recommendation of $13.03 million,
an increase of $1.7 million or 15.4 percent from SFY 2022-23 levels
as follows:
o Adds $700,000 for the Mobile Veterans Service Centers, for a
total of $1 million to provide a minimum of 10 mobile vehicles.
o The Senate supports including a Veterans Business Registry into
the Executive's proposal to establish a Veterans Memorial
registry.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive recommendation of $12.96 million,
an decrease of $1.5 million or 10.5 percent from SFY 2022-23 levels
as follows:
o Adds:
-$250,000 to support the Alex R. Jimenez legacy program.
-$2.5 million to support legislative initiatives.

Capital Projects (S.4004-B)
* The Senate modifies the Executive recommendation of $4 million, a
decrease of $5 million or 55.6 percent from SFY 2022-23 levels as
follows by adding $5 million for the Veteran's Nonprofit Capital
Program.

Article VII Proposal (S.4006-B)
* NEW PART DD -- The Senate advances language to establish the Alex R.
Jimenez legacy program to assist uniform service members, veterans,
reserve component members and their families to secure legal
immigration status in the United States (S.3586).

Victim Services, Office of

State Operations (S.4000-B)

* The Senate concurs with the Executive All Funds recommendation of
$18.3 million.

Aid to Localities (S.4003-B)
* The Senate modifies the Executive All Funds recommendation of $198.6
million by restoring $12 million for the Victims of Crime Act grant
program awardees.

Capital Projects (S.4004-B)
* The Senate concurs with the Executive All Funds recommendation of
$1.5 million.

Workers' Compensation Board

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $212.4
million, an increase of $6.2 million or 3 percent, from SFY 2022-23.

Welfare Inspector General, Office of

State Operations (S.4000-B)
* The Senate concurs with the Executive recommendation of $1.3
million, an increase of $24,000 or 1.8 percent from SFY 2022-23
levels.

Miscellaneous Appropriations, Data Analytics

State Operations (S.4000-B)
* The Senate concurs with the Executive All Funds recommendation of
$0, a decrease of $25 million or 100 percent from SFY 2022-23
levels. However, there is a total of $50 million available for this
purpose in reappropriation authority.

Miscellaneous Appropriations, Insurance and Securities Fund Reserve
Guarantee

State Operations (S.4000-B)
* The Senate concurs with Executive All Funds recommendation of $1.6
billion, unchanged from SFY 2022-23.

Miscellaneous Appropriations, State Equipment Finance Program

Capital Projects (S.4004-B)
* The Senate concurs with the Executive recommendation of $100
million, unchanged from SFY 2022-23 levels.

Miscellaneous Appropriations, Commercial Gaming Payment Reduction
Offsets

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $17.0
million, an increase of $7.0 million or 70.0 percent from SFY
2022-23 levels.

Miscellaneous Items

State Operations (S.4000-B)

* The Senate modifies the Executive recommendation of $10 billion for
Special Federal Emergency as follows:
o Reduces appropriation by $8 billion to an amount consistent with
the funding level prior to the pandemic.
o Modifies appropriation language to require the approval of the
Temporary President of the Senate and the Speaker of the
Assembly before appropriations can be utilized after the budget
is enacted.
* The Senate eliminates the Executive recommendation of $6 billion for
Special Public Health Emergency.
* The Senate modifies the Executive recommendation of $2 billion for
Special Emergency as follows:
o Reduces appropriation by $1 billion to an amount consistent with
the funding level provided prior to the pandemic.
o Modifies appropriation language to require the approval of the
Temporary President of the Senate and the Speaker of the
Assembly before appropriations can be utilized after the budget
is enacted.
* The Senate concurs with the Executive recommendation of $773.9
million for the Health Insurance Contingency Reserve.
* The Senate concurs with the Executive All Funds recommendation of
$500 million for Public Security and Emergency Response.
* The Senate concurs with the Executive All Funds recommendation of
$500 million for Reserve for Federal Audit Disallowance.
* The Senate concurs with the Executive recommendation of $292.4
million for the Health Insurance Receipts Fund.
* The Senate concurs with the Executive reappropriation of $136
million for Health Care and Mental Hygiene Worker Bonuses.

Aid to Localities (S.4003-B)
* The Senate concurs with the Executive recommendation of $250 million
for Raise the Age, unchanged from SFY 2022-23 levels.

Article VII Proposal (S.4005-B)
* PART CC -- The Senate modifies the Executive proposal regarding
sweeps and transfers to account for spending changes and
intentionally omits the Executive proposals for a line of credit and
short-term operational borrowing.
* NEW PART PP -- The Senate advances language to restore the State
motto as it had been prior to 2020 (S.5528).

Article VII Proposal (S.4008-B)
* PART EE -- The Senate intentionally omits the Executive proposal to
increase the bond cap of the Battery Park City Authority.
* PART II -- The Senate intentionally omits the Executive proposal to
provide for alternative procurement methodologies in the City of New
York and intends to introduce legislation expediting project
delivery outside of the budget process.
* PART KK -- The Senate intentionally omits the Executive proposal to
expand owner-controlled and contractor-controlled insurance programs
and intends to discuss this legislation with stakeholders outside of
the budget process.
* NEW PART XXX -- The Senate advances language to create a searchable
database of subsidy and economic development benefits provided by
local authorities, industrial development agencies, and local
development corporations administered by the Authorities Budget
Office (S.1737).

* NEW PART YYY -- The Senate advances language to repeal provisions
restricting the legal authority of members of the Public Authorities
Control Board to review availability of sufficient funding (S.521).

Revenue

Article VII Proposal (S.4009-B)
* PART A -- The Senate accepts the Executive proposal to allow the
Department of Tax and Finance to waive interest on late payments for
taxpayers affected by disaster emergencies.
* PART B -- The Senate accepts the Executive proposal to limit
individuals who actively work at a partnership from claiming an
exemption from the MTA payroll mobility tax as limited partners.
* PART C -- The Senate accepts the Executive proposal to allow farmers
to claim a refund of excess Investment Tax Credits for a five-year
period.
* PART D -- The Senate modifies the Executive proposal to extend and
enhance the Film Tax credit by removing language expanding eligible
costs to above-the-line expenses, removing language that would
provide additional credits to relocated television series, expanding
the costs eligible for the additional upstate credit and expanding
the funds available to this additional upstate credit. The Senate
calls on the Empire State Development Corporation to issue the
pending disparity study required to enact the writers and directors
diversity credit. The Senate also supports exploring further ways to
increase community engagement and participation with projects
receiving the Film Tax credit.
* PART E -- The Senate accepts the Executive proposal to allow the
Department of Tax and Finance to abate penalties for underpayment of
corporate tax prepayments due to unusual circumstances.
* PART F -- The Senate accepts the Executive proposal to extend the
application deadline for the COVID-19 Capital Costs Tax Credit for
six months.
* PART G -- The Senate accepts the Executive proposal to create a new
tax credit for businesses that create or expand the available child
care slots for their employees.
* PART H -- The Senate accepts the Executive proposal to reauthorize
New York City to allow taxpayers to claim the Biotech Tax Credit for
three years.
* PART I -- The Senate accepts the Executive proposals to extend the
temporary corporate franchise tax rates for three years, accepts the
proposal to extend the historic properties rehabilitation credit for
five years, accepts the proposal to extend the commercial production
credit for five years, accepts the proposal to extend the grade 6
fuel oil conversion credit for six months, and modifies the proposal
to extend the New York City Musical Theatrical credit by expanding
eligibility to include off-Broadway theaters.
* PART J -- The Senate accepts the Executive proposal to remove
outdated references in the transportation to individuals with
disabilities credit, modifies the proposal to amend the brownfield
credit program to provide for additional flexibility for existing
projects taking advantage of the Brownfield Redevelopment Tax
Credit, and accepts the proposal to amend the definition of taxable
income for the purposes of the pass-through entity tax and allowing
New York City resident trust and estates to elect to pay the New
York City pass-through entity tax.

* PART K -- The Senate intentionally omits the Executive proposal to
amend the definition of income for the senior citizen partial real
property tax exemption.
* PART L -- The Senate accepts the Executive proposal to extend the
authority to impose a fee on oil and gas companies for three years.
* PART M -- The Senate intentionally omits the Executive proposal to
establish a new process to distribute the proceeds from the sale of
homes foreclosed by municipalities for non-payment of property
taxes.
* PART N -- The Senate intentionally omits the Executive proposal to
exempt the creation of a valuation methodology for the assessment of
wind and solar energy projects from being subject to the State
Administrative Procedure Act.
* PART O -- The Senate intentionally omits the Executive proposal to
give municipalities the authority to extend their existing sales tax
rates through local laws without needing the approval of the
Legislature.
* PART P -- The Senate accepts the Executive proposal to remove the
registration requirement for the congestion surcharge.
* PART Q -- The Senate accepts the Executive proposal to require motor
fuel distributors to remit to the State all the taxes they collect
from retailers.
* PART R -- The Senate accepts the Executive proposal to extend the
sales tax exemption for goods sold from vending machines for one
more year only for vendors who are part of a business enterprise
program for blind vendors.
* PART S -- The Senate accepts the Executive proposal to raise the
excise tax on cigarettes.
* PART T -- The Senate accepts the Executive proposal to impose
additional penalties on cigarette retailers that refuse to allow an
inspection by the Department of Tax and Finance.
* PART U -- The Senate intentionally omits the Executive proposal to
extend preferential rates for the real estate transfer tax and the
New York City real property transfer tax when properties are
transferred to the ownership of a qualified real estate investment
trusts.
* PART V -- The Senate intentionally omits the Executive's proposal to
allow the Department of Tax and Finance to appeal decisions of the
Tax Tribunal in court.
* PART W -- The Senate accepts the Executive's proposal to change the
timeframe by which the Department of Tax and Finance must deposit
funds from three calendar days to three business days.
* PART CC -- The Senate intentionally omits the Executive proposal to
require corporations to choose the same treatment as an
S-corporation or a C-corporation for state and federal tax purposes
with the exemption of qualified manufacturers.
* NEW PART DD -- The Senate advances language to fully de-couple New
York from the Qualified Opportunity Zones program and to tax capital
gains from investments in these zones in the same manner as other
capital gains are taxed (S.543).
* NEW PART HH -- The Senate advances language to expand the maximum
credit for the solar energy system equipment credit from $5,000 to
$10,000, to allow the credit to include costs of storage systems
installed, to make the credit refundable for new businesses
(S.3596), and to make conforming changes to the geothermal energy
systems credit.
* NEW PART II -- The Senate advances language to repeal the excise tax
on medical cannabis (S.5365).

* NEW PART JJ -- The Senate advances language to expand the Empire
State Child Credit by allowing it to be claimed for children under
four.
* NEW PART KK -- The Senate advances language to close a loophole in
the False Claims Act that prohibits actions being taken against
companies that knowingly fail to pay taxes by not filing tax
returns.
* NEW PART LL -- The Senate advances language to increase the personal
income tax rates for filers making over $5 million but not over $25
million from 10.3 to 10.8 percent and for filers making over $25
million from 10.9 to 11.4 percent for Tax Years 2023 through 2027.
* NEW PART MM -- The Senate advances language to allow individuals who
file using an Individual Taxpayer Identification Number (ITIN) to
claim the state Earned Income Tax Credit and that extends
supplemental EITC payments for one year.

actions

  • 14 / Mar / 2023
    • REFERRED TO FINANCE
  • 16 / Mar / 2023
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Senate

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