R4036

Proposes the inclusion of certain Senate budget bills in the Executive Budget

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  • 13 / Mar / 2014
    • INTRODUCED
  • 13 / Mar / 2014
    • ADOPTED

Resolution Details

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R4036
Law Section:
Resolutions, Senate

text

R4036


RESOLUTION adopting proposed amendments to the 2014-2015 Executive Budg-
et submission (Legislative Bills S6350C, S6353C, S6354C, S6355C, S6356C,
S6357C, S6358C, S6359C and S6609A)

WHEREAS, It is the intent of the Legislature to effectuate the timely
passage of a State Budget; and
WHEREAS, It is the intent of the Legislature 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 2014-2015 Executive Budget submission and
has recommended proposed amendments to such Budget submission in the
above referenced Legislative Bills and Report on the Amended 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 appropri-
ation 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 2014-2015
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 2014-2015 Executive Budget includes funds for new
programs throughout various agencies which are direct aid and grant
programs, have been drafted as lump sum appropriations and are proposed
to be distributed at the sole discretion of the Executive. In addition,
some of these proposed initiatives would be funded by eliminating exist-
ing programs. New capital spending, distributed through regional econom-
ic development councils, is also included in the Executive proposal; and
WHEREAS, The Legislature has amended the Governor's 2014-2015 Execu-
tive Budget submission to the fullest extent possible within the author-
ity 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 2014-2015 Executive
Budget submission bills as amended by the Senate, does hereby provide
its recommendations as to provisions in the Governor's 2014-2015 Execu-
tive Budget submission which reflect those items the Senate is
constrained from effectuating as amendments to the 2014-2015 Executive
Budget appended hereto; and
WHEREAS, It is the intent of the Legislature that upon the passage of
the Governor's 2014-2015 Executive Budget submission as amended by the
Senate, and 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 (S6350C,
S6353C, S6354C, S6355C, S6356C, S6357C, S6358C, S6359C and S6609A) be
and are incorporated as part of this resolution and are hereby adopted

as the New York State Legislature's proposed amendments to the 2014-2015
Executive Budget Submission.

REPORT ON THE AMENDED EXECUTIVE BUDGET

ALL STATE AGENCIES AND OPERATIONS

AGING, STATE OFFICE FOR THE

State Operations (S.6350-C)
* The Senate concurs with the Executive's proposal.

Aid to Localities (S.6353-C)
* The Senate modifies the Executive's recommendation of $230.1 million
as follows:
o Provides an additional $5 million for the Community Services for
the Elderly program.
o Provides $978,000 for Aging Services Grants.
o Denies eliminating funding for seven discrete Managed Care
Consumer Assistance Programs (MCCAP) and creating a $1.8 million
competitive program, and restores funding for each program.
o The Senate advances legislation in S.6358-C and provides $2
million within the Department of Health, to expand the income
eligibility for the Elderly Pharmaceutical Insurance Coverage
(EPIC) program to $75,000 from the current $35,000 level, for
singles and to $100,000 from the current $50,000 level, for
married enrollees.

ADIRONDACK PARK AGENCY

State Operations (S.6350-C)
* The Legislature concurs with the Executive recommendation of
$5,085,400.

Capital Projects (S.6354-C)
* The Legislature concurs with the Executive recommendation of re-ap-
propriating previous years funding.

AGRICULTURE AND MARKETS, DEPARTMENT OF

.SO DOC S R4036 RESO TEXT 2013
State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of
$119,709,000. However, it denies language allowing risk-based
assessments within the appropriation.

Aid to Localities (S.6353-C)
* The Senate modifies the Executive recommendation for Aid to Locali-
ties as follows:
o Provides the following restorations
- $544,000 for the Apple Growers Association;
- $220,000 for Dairy Profit Teams at Farm Viability;
- $1.1 million for the Farm Viability Institute;
- $100,000 for the Genesee Agriculture Academy;
- $20,000 for Island Harvest;
- $150,000 for the Turfgrass Association; and
- $287,000 for the Wine and Grape Foundation.
o Provides additional funding as follows:
- $150,000 for the Tractor Rollover Prevention program;
- $460,000 for Rabies programs at Cornell;
- $1,150,000 for the Cornell Animal Health Diagnostic Center;
- $320,000 for the Berry Growers Association;

- $75,000 for the Corn and Soybean Growers Associations;
- $50,000 for Honeybee research at Cornell;
- $160,000 for Hops and Barley research at Cornell;
- $105,000 for Cornell Maple Research;
- $175,000 for the EEE program;
- $158,000 for FFA;
- $500,000 for the Horticulture Society;
- $160,000 for local fair assistance;
- $25,000 for the low-cost vaccine program;
- $150,000 for the Maple Producers Association;
- $600,000 for the Northern NY Agriculture Development
Program;
- $50,000 for the Onion Growers Association;
- $100,000 for the Vegetable Growers Association;
- $216,000 for Farm Net
- $100,000 for the Wood Products Council; and
- $120,000 for Christmas Tree Growers.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $5,500,000.

Article VII Proposals (S.6357-C)
* PART J: The Senate accepts the Executive's Article VII proposal that
would allow the Department of Agriculture and Markets to deny a food
license renewal for applicants with more than $2,400 in unpaid
fines.
* PART LL: The Senate advances language to develop innovation grants
of up to $50,000 for new farmers to purchase land, equipment and
supplies.
* PART NN: The Senate advances language to create a $5 million revolv-
ing loan fund to provide start-up loans to new farmers for land and
equipment purchases.
* PART PP: The Senate advances language to develop an apprenticeship
program, administered by BOCES, to provide hands-on training to
aspiring young farmers.
* PART TT: The Senate advances language requiring notification in
writing to the owner/operation of a farm operation when a Freedom of
Information Law request has been made for their records.
* PART WW: The Senate advances language exempting participants in the
New York State Cattle Health Assurance Program from Freedom of
Information Law requests for records.

* The Senate encourages measures to provide full service animal shel-
ters in underserved areas of the State.

AUDIT AND CONTROL, DEPARTMENT OF

State Operations (S.6350-C)
* The Senate modifies the Executive's recommendation of $275,589,000
as follows:
o Denies $2,500,000 for additional auditors.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation $32,025,000.

ALCOHOLIC BEVERAGE CONTROL BOARD

State Operations (S.6350-C)

* The Senate concurs with the Executive appropriation level of
$18,065,000

BUDGET, DIVISION OF THE

State Operations (S.6350-C)
* The Senate modifies the Executive recommendation for State Oper-
ations as follows:
o Denies $1 million for the purpose of paying expert witness fees
on behalf of the Attorney General;
o Restores $10,000 for fees of the National Conference of Insur-
ance Legislators;
o Restores $469,000 for fees of the Council of State Governments;
and
o Provides $40,000 for fees of the National Conference of State
Legislatures.

CHILDREN AND FAMILY SERVICES
.SO DOC S R4036 RESO TEXT 2013

State Operations (S.6350-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$486.27 million.

Aid To Localities (S.6353-C)
* The Senate modifies the Executive's All Funds Recommendation of
$3.31 billion, as follows:
* The Senate restores or adds funding to the following General Fund
programs:
o $132 million for child care subsidies and expansion of the Child
Care Facilitated Enrollment program;
o $500,000 for additional child care subsidies to Monroe County;
o $5 million for post adoption services;
o $2.57 million for Child Advocacy Centers;
o $3.5 million for Healthy Families, NY;
o $1.3 million for Youth Development Programs;
o $254,000 for Runaway and Homeless Youth Act programs;
o $3.65 million for Safe Harbour;
o $1.75 million for Community Reinvestment;
o $750,000 for NYS Alliance of Boys and Girls Clubs;
o $1.28 million for 211;
o $35,000 for Helen Keller - CORE Program;
o $75,000 for National Federation for the Blind - Newsline;
o $100,000 for Healthy Parenting and Mentoring program of WAIT
House;
o $350,000 for Yeled V'Yalda Early Childhood Center;
o $1 million for local community services programs; and
o $500,000 for Youth Services Grants.
* The Senate denies the proposal to:
o Increase $5.14 million for Close to Home services;

Capital Projects (S.6354-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$37.68 million.

Article VII Proposals (S.6356-C)
* PART L, Subpart A: The Senate accepts the Executive's proposal to
authorizes OCFS to contract with the Boards of Cooperative Educa-
tional Services (BOCES) to provide any and all educational services

at OCFS youth facilities that BOCES provides to school districts.
Currently, OCFS may contract with BOCES only for special education
services.
* PART L, Subpart B: The Senate denies the Executive's proposal to
extends the authority of OCFS to identify and close juvenile justice
facilities under the Close to Home initiative (60 day notice of
closure waiver) from September 1, 2014 to April 30, 2015.
* PART HH: The Senate advances legislation to require child day care
providers to post a copy of the most recent inspection report.
* PART LL: The Senate advances legislation to establish the Facili-
tated Enrollment program as a permanent program with authorization
to: expand its child care subsidy services statewide; expand enroll-
ment to include families with incomes up to 400% of the federal
poverty level; and cap family co-payments. $132 million is appropri-
ated in FY 2015, increasing to $182 million in FY 2016 for these
additional child care subsidies.

CITY UNIVERSITY OF NEW YORK (CUNY)

State Operations (S.6350-C)
* The Senate modifies the Executive recommendation for State Oper-
ations as follows:
o Provides $12.5 million for contractual salary increases;
o Provides $3.8 million for the Joseph Murphy Institute;
o Provides $1.5 million for CUNY LEADS;
o Provides $1.7 million for SEEK.

Aid to Localities (S.6353-C)
* The Senate modifies the Executive recommendation for Aid to Locali-
ties as follows:
o Provides $12.5 million for increased community college base aid;
o Provides $4 million for a new community college workforce devel-
opment initiative;
o Restores $544,000 for childcare centers;
o Restores $1.7 million for the Accelerated Study in Associate
Programs.

Capital Projects (S.6354-C)
* The Senate modifies the Executive's recommendation for Capital
Projects as follows:
o Provides an additional $700 million for strategic initiatives on
four-year campuses.

CIVIL SERVICE, DEPARTMENT OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $50,420,000.

Article VII Proposals (S.6355-C)
* PART Y: The Senate advances language to establish a commission on
Management Confidential employee compensation.

COMMISSION OF CORRECTIONS, STATE

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $2.9
million.

.SO DOC S R4036 RESO TEXT 2013
Article VII Proposals (S.6355-C)
* PART R: The Senate advances language to provide mandate relief to
counties, by authorizing 19 year old inmates to be housed, at local
option, except a city of a population of million or more, either
with inmates who are 17 or 18 years old, or with inmates who are
more than 19 years old.
* PART T: The Senate advances language to allow for two or more coun-
ties to enter into a contract for the provisions of a county jail.

CORRECTIONS AND COMMUNITY SUPERVISION, DEPARTMENT OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $2.8
billion, with the following modifications:
o Restores funding of $30 million for the full and continued oper-
ation of Butler; Mt. McGregor; Chateaugay; and Monterey Shock
correctional facilities.
o Removes appropriation language, without prejudice, pertaining to
proposed prison closures.
* The Senate includes the following reduction:
o ($7.5 million) General Fund reduction from the elimination of
duplicative administrative positions in correctional facilities
at certain facilities within close proximity to one another.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $31 million.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $15 million.

Article VII Proposals (S.6355-C)
* PART P: The Senate advances language to prohibit any State funds for
services and expenses associated with providing college education to
inmates.
* PART U: The Senate advances language to require the Commissioner of
the Department of Corrections and Community Supervision to reduce
duplication of facility administrative positions for correctional
facilities that are located in close proximity to one another.
* PART V: The Senate advances language to require the Commissioner of
the Department of Corrections and Community Supervision to report on
the number of inmate assaults on staff and other inmates, and
defines serious physical injury.
* PART EE: The Senate advances language to require the current Adap-
tive Reuse Plan to be provided six months prior to the one-year
prison notification statute. The Commissioner of Economic Develop-
ment has not complied with current law that requires an adaptive
reuse plan for proposed closures six months prior to the effective
date of closure.

CRIMINAL JUSTICE SERVICES, DIVISION OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $68.5
million, with the following modification:
o Provides $2.5 million for the creation of a Violent Felony
Offender Database.

Aid to Localities (S.6353-C)

* The Senate concurs with the Executive recommendation of $174
million, with the following modifications:
o Rejects the Executive recommendation, without prejudice, 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.
o Restores funding of $609,000 for domestic violence programs.
o Restores funding of $1,891,000 for law enforcement, anti-crime,
anti-violence, crime control and treatment and prevention
programs.
o Restores funding of $500,000 for Finger Lakes Law Enforcement.
o Restores $650,000 and provides additional funding of $300,000
for civil or criminal legal services for domestic violence
programs with the Legal Services Assistance Account.
o Restores $600,000 for the Indigent Parolee Program from the
Legal Services Assistance Account.
o Provides $2 million for criminal justice local assistance initi-
atives.
o Provides $5 million for a matching grant School Resource Officer
Program.
o Provides appropriation language, without prejudice, to require
an evaluation of the effectiveness of the new Gun-Involved
Violence Elimination (GIVE) Initiative.

Article VII Proposals (S.6355-C)
* PART C: The Senate concurs with the Executive proposal to continue
provisions relating to the disposition of certain monies recovered
by county district attorneys.
* PART K: The Senate advances language creating a presumption that the
possession of 50 or more individual packets of heroin and/or an
amount of heroin with an aggregate value of at least $300, is
possession with intent to sell, a class B felony.
* PART L: The Senate advances language for the creation of a Violent
Felony Offender Database.

COUNCIL ON THE ARTS

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $4,219,000

.SO DOC S R4036 RESO TEXT 2013
Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $37,464,000
* The Senate proposes to redistribute Council on the Arts local
assistance grants to achieve regional balance statewide.

DEFERRED COMPENSATION BOARD

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $892,000.

ELECTIONS, STATE BOARD OF
* The senate is concerned about the need for increased voter privacy
at polling places and will advance language to assure such privacy
is granted with the ballot scanning machines.

State Operations (S.6350-C)
* The Senate modifies the Executive recommendation of $11.1 million,
and provides $8.8 million for the Board of Elections.

Article VII Proposals (S.6355-C)
* PART H: The Senate proposes to modify Part H relating specifically
to the Public Trust Act, the creation of an Independent Chief
Enforcement Counsel, and Campaign Finance Reform and Public Campaign
Finance to increased transparency and disclosure measures, provide
for increased enforcement, adopt a system of public campaign
finance, and strengthen provisions of the public officer's law and
penal code to enhance the integrity of governmental and electoral
processes in New York State.

EMPLOYEE RELATIONS, OFFICE OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $4,810,000.

ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA)

State Operations (S.6350-C)
* The Senate denies the Executive recommendation in its entirety.

Aid to Localities (S.6353-C)
* The Senate denies the Executive recommendation in its entirety.

Capital Projects (S.6354-C)
* The Senate denies the Executive recommendation in its entirety.

Article VII Proposals (S.6357-C)
* PART K: The Senate rejects the proposal of the Executive to fund a
portion of NYSERDA's operation and DEC's office of climate change
through section 18-a assessments.
* PART L: The Senate accepts this bill and concurs with the Execu-
tive's proposal to transfer $913,000 from the Unrestricted Corporate
Funds of the New York State Energy Research Development Authority to
the General Fund to offset New York State's debt service require-
ments related to the Western New York Nuclear Service Center.
* PART M: The Senate rejects the Executive's proposal to require
upstate gas retail outlets to be equipped with backup power gener-
ation.
* PART QQ: The Senate adds language to direct the New York State Ener-
gy Research and Development Authority to make payments on grants to
farm operations no later than ninety days after notification of any
funding award.
* PART RR: The Senate adds language to direct the Public Service
Commission to conduct a study of the economic and environmental
costs and benefits of the State's net energy metering programs.

The Senate will urge NYSERDA and the Public Service Commission to study
and report the impact of the Regional Greenhouse Gas Initiative assess-
ments imposed on in-state versus out of state generators and the impacts
on New York ratepayers.

The Senate will advance language to require the State study whether fees
assessed and allocated outside of the budget process are having an
adverse impact on New York ratepayers.

ENVIRONMENTAL CONSERVATION

State Operations (S.6350-C)

* The Senate concurs with the Executive recommendation with the
following modification:
o Authorizes $200,000 to analyze significant risks to the public
health and the environment from leaking, large-scale, heavily
contaminated, hazardous waste landfills.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation with the
following modification:
o Authorizes $2,000,000 for priority dredging and invasive
projects.
o Authorizes $400,000 in funding for the Beacon Institute.
o Authorizes $500,000 in funding for a "Sewage-Right-to-Know"
program.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation with the
following modifications:
o Denies $106 million in new Superfund bonding authority.
o Restores $793 million in Superfund bonding authority over the
next seven years.
.SO DOC S R4036 RESO TEXT 2013
o Amends the Executive proposal for a new Environmental Restora-
tion Program by authorizing a multi-year plan at $10 million a
year.
o Increases the Environmental Protection Fund (EPF) by $43 million
for wastewater and sewage treatment capital projects raising the
EPF to $200 million a year.
o Requests modifications to the Executive's proposal for the EPF
as follows:
- A $900,000 increase for the Central Pine Barrens Commission;
- A $1,000,000 increase to $2,300,000 for the Finger Lakes
Lake Ontario Watershed Protection Alliance;
- $500,000 in additional funds for Soil and Water Conservation
Districts to bring their funding total to $5,000,000.
o Authorize $3,000,000 in funds for the Genesee County wastewater
treatment facility.
o Authorize $250,000 in funds for Manhasset Bay Waterfront
improvements.
o Authorize $6,700,000 in funds for EPCAL sewer plant upgrades.
o Authorize $7,000 in support for Town of Perry landfill capital
costs.
o Authorize $2,000,000 for a water treatment plant in the Village
of Arcade.

Article VII Proposals (S.6357-C)
* PART H: The Senate amends the Executive's proposal to on pesticide
reporting requirements by only authorizing a three year extension
for product registration fees.
* PART I: The Senate accepts the Executive's proposal to allow the use
of crossbows for hunting in New York State, but denies the waiver of
state documents law procurement requirements, the expansion of
liability releases, and creation of three- and five- year hunting,
fishing and trapping licenses. The Senate accepts the Executive's
proposal to issue distinctive license plates for holders of certain
sporting licenses. However as the Executive already has begun waiv-
ing statutorily required fees for such license plates before obtain-
ing necessary authority from the Legislature, the Senate proposes

that the Executive be granted such authority retroactive to January
1, 2014.
* PART UU: The Senate adds language to extend by two years the dead-
line for heavy-duty diesel vehicles to be retrofitted with diesel
particulate filter devices as currently required by the Diesel Emis-
sion Reduction Act (DERA).
* PART VV: The Senate adds language to lay out a repowering plan for
the existing generating facility in the Village of Port Jefferson,
and includes an incentive package to aid in the remediation of the
footprint for the new plant.

Article VII Proposals (S.6359-C)
* PART Q: The Senate modifies the Executive bill to propose comprehen-
sive modifications and reforms to the State environmental remedi-
ation and redevelopment programs. The Senate modifies the Execu-
tive's bill by:
o Maintain as-of-right credit structures, but incorporating
substantial portions of the Executive's new stringent eligibil-
ity standards to ensure, even more than the current program,
that "undeserving" sites do not get into program
o Require applicants to prove that site is heavily contaminated by
on-site generated wastes to get into the Brownfields Credit
Program (BCP), and that the site must demonstrate extremely high
property value distress.
o Proposes a new NY Rapid program for contaminated sites that do
not pose a significant threat to the health and the environment.
NY Rapid participants will receive a full State liability
release for cleaning up these less dangerous sites, but will not
be eligible for tax credits.
o Allow most Superfund sites into the BCP expanding the proposal
to those which are currently not eligible, for sites now, and in
the future, controlled by true volunteers with no connections to
responsible parties. o Modify current credit levels and cost
bases, streamlining the oversight process for the plan for rede-
velopment as well as the credit application process.
o Allow BCP projects to apply for Excelsior credits.
o Establish incentives in place for the Brownfield Opportunity
Area program to expedite plan designations.
o Accept the Executive language to extend the tax credits for ten
years until December 31, 2025, on Superfund, Environmental
Restoration Program, Environmental Zones, BCP fees, Hazardous
Waste charges, and reporting requirements.
o Propose reforms to the Oil-Spill program to provide substantive
liability protections to true volunteers that remediate these
sites.
o The Senate advocates that any adopted language contemplate
whether there can be additional utilization of the brownfields
program to strengthen the redevelopment of affordable housing.

EXECUTIVE CHAMBER

State Operations (S.6350-C)
* The Senate modifies the Executive's recommendation of $17.9 million
as follows:
o Deny $270,000 for contractual services related to the Moreland
Act.

ECONOMIC DEVELOPMENT, DEPARTMENT OF

State Operations (S.6350-C)
* The Senate concurs with the following Executive recommendations:
o $3,267,000 for the Administration Program,
.SO DOC S R4036 RESO TEXT 2013
o $14,227,000 for the Economic Development Program,
o $385,000 for the Clean Air Program, and
o $7,025,000 for the Marketing and Advertising Program

Aid to Localities (S.6353-C)
* The Senate concurs with the following Executive recommendations:
o $5,234,000 for Centers of Excellence and restores funding of
$3,489,330;
o $13,818,000 for Centers of Advanced Technology;
o $3,750,000 for the New York State incubators and hot spots
program and adds $2,000,000;
o $5,000,000 in funding for the Market New York program and elimi-
nates the oversight by the regional economic development coun-
cils;
o $3,815,000 for local tourism matching grant and adds $100,00 for
the Catskill Association of Tourism Services;
o $343,000 for the Science and Technology Law Center;
o $7,470,000 for the Training and Business Assistance Program; and
o $392,000 for the gateway information centers at Binghamton and
Beekmantown.

EMPIRE STATE DEVELOPMENT CORPORATION

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $42,935,000
for the Economic Development Program with the following modifica-
tions:
o Decrease funding for the Economic Development Fund by
$12,000,000.
* The Senate provides funding for the following:
o $350,000 for the Adirondack North Country Association.
o $2,000,000 for military base retention efforts.
o $200,000 for Center State Corporation for Economic Opportunity;
and
o $200,000 for Center State Corporation for Economic Opportunity.
o $600,000 for Seneca Army Depot.
o $5,000,000 for local economic development initiatives.
o $250,000 for fishing tournament promotions.
o $2,000,000 for multi-platform digital game development
o $150,000 for SUNY SMARTT Laboratories
o $500,000 for Veterans Entrepreneurship Centers

Capital Projects (S.6354-C)
* The Senate concurs with the following Executive recommendations:
o $10,000,000 for the Clarkson-Trudeau Partnership;
o $5,000,000 for the Cornell University College of Veterinary
Medicine;
o $180,000,000 for the Nano Utica Project;
o $55,750,000 for the New York Genome Center;
o $30,000,000 for Onondaga County Revitalization projects;
o $50,000,000 for the SUNY College for Nanoscale and Science Engi-
neering; and
o $680,000,000 for the Buffalo Regional Innovation Cluster with
$33,000,000 dedicated to the Western NY STAMP project.
* The Senate denies the following Executive recommendations:

o $24,000,000 for the Economic Transformation Program;
o $150,000,000 for Regional Economic Development Purposes;
o $55,000,000 for the NY SUNY 2020 Challenge Grant Program; and
o $55,000,000 for the NY CUNY 2020 Challenge Grant Program.

Article VII Proposals (S.6357-C)
* PART W: The Senate approves the proposal to extend the authorization
for the Dormitory Authority to provide design and construction
services to the Department of Environmental Conservation and the
Office of Parks, Recreation, and Historic Preservation for one year.
* PART X: The Senate denies the proposal to extend the authorization
for the Dormitory Authority to create subsidiaries for two years.
* PART Y: The Senate approves the proposal to eliminate the financing
fees on health care institutions.
* PART Z: The Senate approves the proposal to extend the Economic
Development Fund for one year.
* PART AA: The Senate approves the proposal to extend the authori-
zation for UDC to issue loans for one year.
* PART SS: The Senate advances language to establish the biomedical
and biotechnological translational research and entrepreneurship
initiative.

EDUCATION

State Operations (S6350-C)
* The Senate concurs with the Executive recommendation of $584.6
million.

Aid to Localities (S.6353-C)
* The Senate includes the following modifications to the Executive's
recommendations:
o An overall increase in general support for public schools of
$811.9 million restoring $541 million of the Gap Elimination
Adjustment;
o The GEA restoration add is an increase of $217 million over the
Executive proposal;
o Rejects and repurposes $74 million in fiscal stabilization
grants to increase school aid;
o The Senate rejects the after school funding proposal using the
casino gaming and revenue fund.

New York City - UPK and After-School

.SO DOC S R4036 RESO TEXT 2013
The Senate provides $540 million to fully fund the expansion of
universal pre-kindergarten and after-school programs in New York City in
the 2014-15 school year. A new program will provide $340 million for
Universal Pre-Kindergarten, and $200 million in new AIM funding will be
available for the expansion of afterschool programs. Over the next five
years the Senate commits $2.7 billion to cover the costs of successfully
expanding these two programs in New York City. In addition, New York
City will receive $20 million in unrestricted VLT Impact Aid.

UPK Funding - $485 million

$340 million will be available for the City of New York in the 2014-15
school year for the implementation of a high quality, full-day Pre-K.
Over the next five years, the Senate commits $1.7 billion to fully cover
the costs of the City's plan to provide free, full-day pre-K to more

than 73,000 children. This new program will be financed through a
specially designated reserve that will ensure a stable.

In addition, $145 million will be made available to districts for UPK
expansion, while also leaving flexibility for the funding to be used for
kindergarten and GEA restoration.

AIM Funding - $200 million

The Senate also provides $200 million in new Aid to Municipalities fund-
ing for the City of New York in the 2014-15, which will be available to
expand after-schools program for middle school students.

Freeze Plus - NY: Helping Everybody Lower Property Taxes - $800 million

The Senate provides $800 million for the Freeze Plus property tax relief
program. This program is structured so that districts that adhere to the
2% levy cap will have to supplant their property tax levy with State
aid, freezing property taxes. Under the Freeze Plus proposal, property
tax levy in districts and municipalities subject to the tax cap would be
frozen.
* The Senate concurs with the Executive's proposal to provide:
o Additional funding of $4.5 million for nonpublic safety grants;
o An additional $5.23 million in Nonpublic school aid; and
o A new appropriation of $2 million to fund early college high
schools programs.
* The Senate provides additional funding for the following programs:
o $38 million in nonpublic school aid;
o $30 million for education grants;
o An additional $20 million to fund a 3.8 percent increase for
Chapter 853 schools, Special Act schools, and State-supported
schools (4201's);
o $20 million for Teacher Centers;
o $10 million for Adult Literacy Education;
o Restores $4 million in library aid and provides a $4 million
increase for a total of $8 million;
o $1,000,000 for the Council on the Humanities;
o $1,000,000 for High School Equivalency Transition;
o $1,000,000 for community schools.
o SUNY Albany Center for Autism and Related Disabilities $500,000;
o An additional $500,000 for After School Programs and Healthy
Eating;
o An additional $200,000 for the Onondaga, Cortland, and Madison
county BOCES for the new technology initiative;
o National History Day $100,000; and

Capital Projects (S6354-C)
* The Senate concurs with the library construction grants of
$14,000,000; and
* The Senate would consider the Smart Bond Act with the inclusion of
water and sewer districts.

Article VII Proposals (S.6356-C)
* PART A: The Senate:
o modifies the contract for excellence proposal to only include
New York City;
o modifies the Executive's GEA proposal to increase the amount
restored to school districts by $217 million for a total resto-

ration in 2014-15 school year of $541 million. In addition the
Senate phases out the GEA in the 2016-17 school year;
o accepts the Executive's proposal on school district reorganiza-
tion allowing school districts to phase in up to ten years the
tax levy impacts on the reorganized school districts;
o accepts the Executive proposal to allow school districts to
apply for waivers from special education requirements that
exceed federal requirements;
o rejects the Executive proposal making changes to pre-school
special education rates and payments provisions for special
education itinerant teacher services; o modifies the Executive
proposal on after four p.m. transportation by making the
provision permanent and removing the State aidable cap;
o modifies the Executive proposal to maintain the setaside for the
Consortium for Worker Education in NYC by increasing the amount
to $13 million;
o rejects the Executive proposal to freeze school districts aid
claims to November 2013;
o rejects the Executive proposal to establish a teacher excellence
fund;
* PART A-1: The Senate:
o repeals the provision for the State to reset building aid amor-
tization interest rates every ten years;
o extends the supplemental valuation impact grant program provid-
.SO DOC S R4036 RESO TEXT 2013
ing state assistance to those school districts affected by power
plant revaluations;
o provides forgiveness from state aid reductions associated with
final cost report submissions in construction projects and for
inadvertent omissions related to transportation contract
requirements;
o provides for annual tuition rate increases for special act
school districts, Chapter 853 and 4201 schools, and ties it to
the State's Personal Income Growth Index (PIGI);
o includes a plan to provide for a blended learning program that
establishes an advisory committee to advance recommendations
related to expanding on-line learning;
o extends mandate relief provision related to the Employee Benefit
Accrued Liability Reserve account which allows school districts
to access any excess funds in the reserve and use it for GEA
reduction;
o extends the time frame BOCES can lease building space from ten
years to twenty years;
o provides mandate relief for school districts by making the
internal control audit function optional except for those
districts that have prior accounting deficiencies as identified
by the State Comptroller;
o provides mandate relief by eliminating duplicative parental
consent requirements in the education law as it relates to July
and August Special education programs;
o provides mandate relief by eliminating asbestos reporting
requirements beyond federal requirements;
o extends the authorization for BOCES to contract with out of
state school districts;
o requires the commissioner to collaborate with parents, teachers,
and principals to provide professional development and distrib-
ute information to schools, teachers, administrators and parents
as it relates to college and career readiness standards;

o increases over two years the charter school basic tuition amount
to charter schools in the City of New York;
o requires school districts to permit any charter school using a
school district building to use such building without cost;
o requires the City of New York to provide facilities aid to those
charter schools that are adding grades, opening new charters or
who lose use of public school district space;
o The Senate authorizes charter schools to provide (at their
option) a pre-kindergarten program. Further, public schools that
have a full-day pre-k program are required to pay charter
schools the same amount of their expenses to provide a full-day
pre-k program;
o The Senate authorizes charters approved by the New York City
Department of Education to apply to any charter entity for over-
sight and supervision;
o requires that an authorized charter school must give consent to
any significant change in co-location arrangements including any
co-location arrangements approved prior to January 1, 2014;
o establishes a charter school building aid program which will
provide aid similar to the current program for public schools in
the 2014-15 school year; and
* PART A-2:
o establishes the Regional High School Program which provides
incentives for districts to consolidate high school operations.
* PART M: The Senate advances language which will require instruction
in K-8 grades to raise awareness of child abuse and exploitation.
* PART BB: The Senate advances language to encourage schools to
provide for alternate types of recreational play spaces if the
current space is in use for another purpose.
* The Senate advances language for a study of the educational programs
and fiscal conditions of East Ramapo School District.
* The Senate proposes to enable Mayoral control of Yonkers school
district.
* The Senate advances language for instruction of students to raise
awareness of child abuse and exploitation in schools.
* The Senate advances language to permit senior citizens whose spouses
are deceased to substitute a more recent income for purposes of
determining eligibility for the enhanced STAR exemption.

FINANCIAL CONTROL BOARD, NEW YORK STATE

State Operations (S.6350-C)
* The Senate concurs with the Executive's recommendation of
$3,131,700.

FINANCIAL SERVICES

State Operations (S.6350-C)
* The Senate modifies the Executive appropriation level of
$326,630,823 as follows:
o Deny $1,135,000 in assessments to fund Health Benefit Exchange
employees.

Aid To Localities (S6353-C)
* The Senate concurs with the Executive appropriation level of
$224,816,000.

Article VII Proposal (6355-C)

* PART W: The Senate advances language to establish a quorum require-
ment for the New York State health care quality and cost containment
commission.

Article VII Proposal (6357-C)
* PART T: The Senate modifies the Executive's proposal related to
.SO DOC S R4036 RESO TEXT 2013
comprehensive motor vehicle insurance reparation to provide No-Fault
insurance reform for medical service providers. Additionally, the
Senate advances language which provides for the retroactive cancela-
tion of fraudulent auto insurance policies, and increases criminal
penalties for fraudulent no-fault insurance claims.
* PART V: The Senate modifies the Executive proposal to license title
insurance agents and advances language to reform sales tax
collection on title insurance products.

GAMING COMMISSION

State Operations (S.6350-C)
* The Senate modifies the Executive appropriation level of
$114,595,000 as follows:
o The Senate provides $250,000 to the Regulation of Racing Account
for the purpose of Racing Fan Development.

GENERAL SERVICES, OFFICE OF

State Operations (S.6350-C)
* The Senate amends the Executive recommendation of $1,013,534,000 to:
o Provide $7,500,000 for maintenance and other support services
relating to facility space occupied by the Legislature and its
administrative entities.
o Reduce General Fund appropriation authority for personal
services in the Executive Direction Program by $2.5 million.
o Reduce General Fund appropriation authority for personal
services in the Real Property Management and Development Program
by $5 million.
o Reject $505,000 for eight additional employees.
o Reject $1,000,000 for an online catalog subscription service.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $90,000,000.

Article VII Proposal (S.6355-C)
* PART G: The Senate modifies the Executive proposal to make permanent
the authorization of certain procurement options for local govern-
ment entities, and to provide similar procure options for local
authorities for a period of three years.
* PART M: The Senate proposes to authorize the Commissioner of the
Office of General Services to transfer certain state lands to the
City of Ogdensburg.
* PART HH: The senate advances language to require the Office of
General Services to conduct a study to examine, evaluate and make
recommendations relating to the feasibility and advisability of
establishing an Office of Risk Assessment and Management.

Executive Budget Bill (S.6609-A)
* The Senate modifies the Executive proposal to establish a five
percent contract set aside program for service disabled veteran

owned small businesses to provide express statutory clarification
for improved program administration.

GENERAL STATE CHARGES

State Operations (S.6350-C)
* The Senate modifies the Executive Recommendation of $3,557,218,000
as follows:
o Reduce appropriation authority for health insurance by
$69,000,000.

Article VII Proposal (S.6355-C)
* PART E: The Senate denies the Executive's proposal to eliminate New
York State reimbursement of the Income Related Medicare Adjustment
(IRMAA).
* PART O: The Senate advances legislation to establish the State's
contribution rate toward the premium subscription charges for
current State employees and retired State employees enrolled in a
health insurance plan under the New York Health Insurance Program.
* PART N: The Senate advances legislation to prohibit new employees of
local associations from participating in the New York State and
Local Employee Retirement System.

GREEN THUMB PROGRAM

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $2,964,000.

GREENWAY HERITAGE CONSERVANCY OF THE HUDSON RIVER VALLEY

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $166,000.

HEALTH, DEPARTMENT OF

State Operations (S.6350-C)
* The Senate modifies the Executive's recommendation of $3.2 billion
as follows:
o Provides $326,000 to support a not-for-profit entity in main-
taining and operating the Donate Life Registry.
o Provides $50,000 for costs related to required criminal back-
ground checks for adult care facilities beginning January 1,
2015.
o Modifies the Life Pass it On Trust Fund' to require existing
monies within the fund be utilized for research, education and
promotion in FY 2015.
o Denies the Executive's proposal to provide $53.9 million for
.SO DOC S R4036 RESO TEXT 2013
operations of the NY State of Health, the State's health benefit
exchange, to adhere with Executive Order No. 42 of 2012 which
asserts that no State or county tax payer dollars be used for
development or operation.
o Denies the Executive's proposal to provide $2.5 million for
consumer assistance.

Capital Projects (S.6354-C)
* The Senate modifies the Executive's recommendation of $1.4 billion
as follows:

o Denies the Executive's proposal to provide $10 million for
information technology;
o Denies, without prejudice, the Executive's proposal to provide
$55 million for the Statewide Health Information Network for New
York (SHIN-NY);
o Amends the $1.2 billion Capital Restructuring Financing Program
to:
- Include Assisted Living Providers as eligible participants;
- Require an annual written report;
- Establish the Capital Restructuring Financing Board to
determine eligibility requirements and ensure equitable
statewide distribution of funds; and
o Provides $100 million for a Hospital Capital Financing Program.

Aid to Localities (S.6353-C)
* The Senate modifies the Executive's recommendation of $123.6 billion
as follows:

Public Health
o Denies the Executive's proposal to consolidate 36 public health
programs into 10 competitive pools, and restores funding for
each program at FY 2014 Enacted Budget levels.
o Denies the Executive's proposal to eliminate reimbursement for
Prenatal Services in the General Public Health Works (GPHW)
Program and restores $2 million.
o Denies the Executive's proposal to increase HIV Regional Target-
ed Services by $1.3 million.
o Denies the Executive's proposal to freeze rates and transfer the
rate setting process for Child Health plus from the Department
of Financial Services to the Department of Health and restores
$16.8 million.
o Eliminates funding for the Falls Prevention Program, as funding
for the program has never been expended, and repurposes to
partially fund elder health initiatives.
o Restores funding for the following programs:
- $550,000- Women's Health Initiatives;
- $316,700- Maternity and Early Childhood Foundation;
- $125,000- Alzheimer's Disease Resource Center; and
- $120,000- Comprehensive Care Centers for Eating Disorders.
o Increases funding for the following programs or initiatives:
- $6.5 million- Spinal Cord Injury Research Board;
- $2.8 million- Doctors Across New York (DANY);
- $2.0 million- Elderly Pharmaceutical Insurance Coverage
(EPIC) expansion;
- $1.8 million- Rape Crisis Centers;
- $1.0 million- Elder Health Initiatives; and
- $650,000-Upstate Poison Control Center.
o Provides funding for the following programs or initiatives:
- $9.5 million- Hospital Transition Fund;
- $1 million- Children's Environmental Health Centers;
- $995,000- Healthcare Initiatives;
- $600,000-New Alternatives for Children;
- $500,000- Lyme and Tick Borne Illness Prevention and Treat-
ment;
- $500,000- Pharmaceutical Take Back;
- $450,000- Opioid Drug Addiction Prevention and Treatment;
and
- $250,000- Mobile Dental Unit.

Medicaid
o Denies the Executive's proposal to establish a two-year Medicaid
budget, and reduces Medicaid appropriation authority to reflect
one year of spending.
o Denies the Executive's proposals to:
- Limit Nursing Home Case Mix Index (CMI) growth at two
percent for a six month period- restores $21.5 million;
- Eliminate Spousal Refusal provisions- restores $10 million;
- Authorize Prior Approval for "Off-Label" Drug Use- restores
$9.9 million;
- Authorize Minimum Supplemental Rebates- restores $1.4
million;
- Eliminate "Prescriber Prevails" for Federal Drug Adminis-
tration (FDA)-A-Rated drugs- restores $206,000;
- Coordinate Health Homes with the criminal justice system and
achieves savings of $2.5 million;
- Establish Regional Health Information Collaboratives (RHICs)
and achieves savings of $2.5 million;
- Establish a Consumer Assistance Program and achieves savings
of $200,000; and
- Fund the Statewide Health Information Network for New York
(SHIN-NY) and achieves savings of $2 million.
o Modifies the Executive's proposals to eliminate e-prescribing
incentives to align the effective date with the implementation
of I-STOP e-prescribing requirements and partially restores $1.1
million.
o Modifies the Executive's proposal to amend the Nurse Practice
Act to access enhanced Federal Financial Participation (FFP)
associated with the Community First Choice Option, beginning
.SO DOC S R4036 RESO TEXT 2013
October 1, 2014, and achieves $170.0 million in additional
federal funds in FY 2015.
o Advances legislation to:
- Restore "Prescriber Prevails" for all drug classes under
managed care and provides $1.1 million;
- Repeal the authority of the Commissioner to utilize an Aver-
age Acquisition Cost (AAC) methodology to determine rates
of payments for drugs under Medicaid and to establish
amounts of payments for the Cost of Dispensing (COD), and
provides $41.0 million; and
- Provide supplemental Medicaid rates for ambulance providers,
and provides $3 million.
o Modifies the Executive's proposal to authorize $2 billion in
spending associated with the 1115 Medicaid Redesign Team (MRT)
Waiver in FY 2015 to reflect the recent agreement with Centers
for Medicare and Medicaid Services (CMS) that authorized $8
billion in reinvestment over five years as opposed to $10
billion. The Senate:
- Provides three distinct appropriations, totaling $1.6
billion, for each component of the MRT Waiver;
- Establishes an 1115 Waiver Distribution Review Council to
make recommendations on proposed expenditures;
- Requires an equitable statewide distribution of 1115 Waiver
funds to the extent possible; and
- Allows spending only pursuant to a chapter of the laws of
2014.
o Modifies the Medicaid Supportive Housing program to require up
to $20 million be authorized to fund four demonstration programs
in counties with populations less than two million.

Article VII Proposals (S.6358-C)
* PART A: The Senate modifies the Executive's proposal to make changes
to the Public Health Law as follows:
o The Senate denies the proposals that would:
- Amend the General Public Health Works (GPHW) program to
restrict reimbursements to local health departments for
prenatal care to instances where services were provided to
uninsured women;
- Amend consent provisions for HIV testing and authorize
providers and health departments to share certain data;
- Streamline the certificate of need (CON) process for hospi-
tals and diagnostic and treatment centers that provide
primary care or are undertaking limited construction
projects;
- Reduce the look-back period for the character and competence
review for Article 28 facilities from ten to seven years
if the Public Health and Health Planning Council (PHHPC)
has previously reviewed an individual;
- Reorganize provisions regarding PHHPC's review of transfers
of voting rights or ownership interest in operator enti-
ties established under Articles 28 or 36;
- Require accreditation and registration of Urgent Care
Centers, and limit the use of such title;
- Expand the scope of provisions regulating Office-Based
Surgery (OBS) to address procedures conducted under vari-
ous types of anesthesia, and anesthesia-only services, and
to require registration with the Department of Health
(DOH);
- Repeal the authority of the Commissioner to authorize
Upgraded Diagnostic and Treatment Centers in rural areas
to provide limited emergency services; and
- Reduce the look-back period for character and competence
review for adult care facilities and assisted living resi-
dences from ten to seven years.
o The Senate modifies the proposals to:
- Amend the Health Research Science Board (HRSB) on breast
cancer research by maintaining regional representation on
the board and requiring the board to meet at least four
times per year;
- Expand the Scope of the Breast, Cervical and Ovarian Cancer
Detection and Education Program Advisory Council to
include prostate or testicular cancer within its scope by
requiring the Council to make recommendations for grants
from the New York State Prostate and Testicular Cancer
Research and Education Fund;
- Authorize use of funds from the New York State Prostate
Cancer Research, Detection and Education Fund by requiring
monies within the fund be expended following the recommen-
dations by the Cancer Detection and Education Program
Advisory Council, and by requiring an annual written
report to the Legislature;
- Establish a $1.2 billion bonded Capital Restructuring
Financing Program by establishing the Capital Restructur-
ing Financing Board to evaluate applications and make
award determinations, requiring Public Authorities Control
Board approval of all awards, requiring prior notification
to the Legislature of awards, and requiring an annual
written report to the Legislature;

- Expand the Health Facility Restructuring Program to include
not-for-profit residential health care facilities, not-for
profit diagnostic and treatment centers, and other not-
for-profit health care entities in restructuring oper-
ations and finances by expanding eligibility to include
all residential health care facilities, expanding report-
ing, and prohibiting loans from being made unless five day
notification has been provided;
- Authorize a private equity demonstration program to encour-
age the investment of private capital in health care
.SO DOC S R4036 RESO TEXT 2013
facilities by expanding the demonstration from five to ten
business corporations and expiring the demonstration
program in five years;
- Authorize the establishment of limited health care services
clinics in retail settings by expanding eligible operators
of such clinics to include hospitals and federally quali-
fied health centers, and require notification be provided
to the local community board in cities with a population
of one million or more;
- Allow DOH to contract out the operation and marketing of the
New York State Donate Life Registry by authorizing a
multi-year contract and financing the contract pursuant to
an appropriation in FY 2015; and
- Authorize DOH to utilize "Life Pass It On" funds collected
by the Department of Motor Vehicles (DMV) to fund the
contract for the operation and marketing of the New York
State Donate Life Registry by requiring the fund be used
for promotion and education in FY 2015, authorizing funds
to be used for the contract beginning in FY 2016, and
requiring an annual written report to the Legislature.
o The Senate advances legislation to:
- Require adult care facilities to conduct a criminal history
record check of prospective direct care employees using
procedures and standards set forth in Article 28-E of the
Public Health Law;
- Require the State or its designated fiscal agent to be the
payer of first instance to Early Intervention providers,
require payment in full at the State approved Early Inter-
vention rate within thirty days of receipt of the initial
claim, and make the State or its designated fiscal agent
responsible for pursuing all appeals of payment denials by
all third-party payers;
- Improve the Certificate of Need process by:
* Authorizing the Commissioner to accept accreditation of a clinical
laboratory by an organization with deeming status granted by the
Centers for Medicare and Medicaid Services as evidence of compliance
with pertinent Public Health Law requirements;
* Authorizing the submission of a written certification by an archi-
tect or engineer licensed by the State of New York to constitute a
fulfillment of the certification requirement, where the Commissioner
has determined such written certification can be accepted;
* Establishing timeframes for the DOH to review applications for
construction; and by
* Authorizing the Commissioner to accept behavioral health accredi-
tation by the Joint Commission or by an organization with deeming
status granted by the Centers for Medicare and Medicaid Services as
evidence of compliance with pertinent Mental Hygiene Law require-
ments for certain providers of service;

- Repeal ╣ 2904-b of the Public Health Law which establishes
Health Systems Agencies (HSAs);
- Establish requirements for the registration of out-of-state
drug compounding facilities that are currently registered
by the Food and Drug Administration (FDA) within the State
Education Department and require a report to the Legisla-
ture evaluating the effectiveness of the registration and
oversight process within 18 months;
- Expand the income eligibility for the Elderly Pharmaceutical
Insurance Coverage (EPIC) program to $75,000 from the
current $35,000 level, for singles and to $100,000 from
the current $50,000 level, for married enrollees;
- Eliminate survey duplication related to hospital outpatient
mental health services;
- Restrict regulations requiring the reduction of the mental
health census of adult homes, and establish a workgroup to
study and report on the transition of persons with serious
mental illness to the most integrated setting appropriate;
and
- Require health care providers and practitioners to provide
contact information for the NY Connects: Choices for Long
Term Care Program.
o The Senate maintains that in cities with a population of one
million or more, the appropriateness of locating a health facil-
ity in a geographic area must be taken into consideration in the
process of project planning, including projects undertaken with-
in the last State fiscal year.
o The Senate has concerns about the availability of out-of-network
health insurance coverage options to consumers. Insurance plans
outside of any established health insurance marketplace must
offer out-of-network options, regardless of whether they are
made available within an established marketplace.
* PART B: The Senate modifies the Executive's proposal to extend
provisions of the Health Care Reform Act as follows:
o The Senate modifies the proposals to:
- Permanently extend Health Care Initiatives and Tobacco
Control and Insurance Initiatives Pools and fund programs
subject to appropriation by extending authorization for
three years and discretely lining out funding levels for
each program in statute;
- Permanently extend the authorization for Area Health Educa-
tion Centers (AHEC), the Empire Clinical Research Investi-
gator Program (ECRIP) and the Doctors Across New York
program and funds by extending authorization for three
years and discretely lining out funding levels for each
program in statute;
- Suspend the reconciliation of collections for the Covered
Lives Assessment in excess of the current statewide limit
of $1.045 billion by denying, without prejudice, the use
of $55 million to support the Statewide Health Information
.SO DOC S R4036 RESO TEXT 2013
Network of New York (SHIN-NY); and
- Extend the Excess Medical Malpractice Coverage Pool by
requiring 1,000 additional policies for excess coverage or
equivalent excess coverage be purchased.
* PART C: The Senate modifies the Executive's proposal to make statu-
tory changes necessary to continue implementing Medicaid Redesign
Team recommendations as follows:
o The Senate denies the proposals that would:

- Eliminate "prescriber prevails" provisions in Medicaid fee-
for-service for drugs that have available multi-source and
generically equivalent drugs;
- Eliminate "prescriber prevails" provisions in Medicaid
managed care programs for atypical antipsychotic therapeu-
tic drugs that have available multi-source and generically
equivalent drugs;
- Authorize the Commissioner to require manufacturers of brand
name drugs utilized in the Medicaid fee-for-service phar-
macy program that are eligible for reimbursement to
provide a minimum supplemental rebate to the State;
- Allow the Commissioner or managed care providers to require
prior authorization for certain drugs where there is
evidence of significant prescribing for a non-medically
indicated, or "off label," use;
- Permit the Commissioners of DOH, the Office of Mental Health
(OMH), the Office of Alcoholism and Substance Abuse
Services (OASAS), and the Office of Persons with Develop-
mental Disabilities (OPWDD) to promulgate emergency regu-
lations regarding Medicaid coverage of outpatient
services;
- Require spousal support for the costs of community-based
long-term care;
- Authorize the Office of the Medicaid Inspector General
(OMIG) and DOH to jointly develop pre-claim review
requirements for certain home health care participating
providers;
- Authorize the Commissioner of the Office of Temporary Disa-
bility Assistance (OTDA) to allow contracted staff to
conduct fair hearings procedures;
- Limit nursing home case mix index increases to a maximum of
two percent every six months;
- Authorize the Commissioner to periodically update the base
year for inpatient psychiatric facilities, specialty inpa-
tient facilities, and inpatient detoxification units;
- Delay the effective date for the inpatient hospital base
year update to a period after April 1, 2014;
- Extend the Medicaid Global Cap through March 31, 2016;
- Authorize DOH to require counties that have implemented
mandatory managed care programs to utilize the State's
contracted enrollment broker;
- Authorize the Commissioner to distribute $5 million in
health home infrastructure grants to establish linkages
between health homes and the criminal justice system;
- Authorize Article 28 hospitals that are deemed "certified
application counselors" to enroll individuals presumptive-
ly eligible for Medicaid;
- Authorize DOH to amend or enter into new contracts without a
competitive bid or request for proposal process relating
to integrated eligibility and financial management systems
serving State health and human service systems; and
- Transfer rate-making authority for Child Health Plus (CHP)
from the Department of Financial Services to DOH; sunset
the subsidy reduction for CHP payments insurers to March
31, 2014; implement a one year rate freeze; and allow DOH
to contract with an independent actuary to determine
future reimbursement methodologies.
o The Senate modifies the proposals to:

- Eliminate "prescriber prevails" provisions in Medicaid
managed care programs for multiple classes of drugs that
have available multi-source and generically equivalent
drugs by expanding the authorization of "prescriber
prevails" provisions in Medicaid managed care to all drug
classes;
- Authorize the Commissioner of Health to require prior
authorization for fee-for-service drugs meeting the Clin-
ical Drug Review Program (CDRP) criteria until the Drug
Utilization Review (DUR) Board has an opportunity to eval-
uate the drug by prohibiting such authority and requiring
the DUR Board to convene monthly and review all therapeu-
tic classes on an annual basis;
- Change the threshold for early refill availability without
prior authorization from when a patient has less than 25
percent remaining to when a patient has less than a six
day supply remaining based on prescribed dosing by
increasing the threshold to when a patient has less than a
ten day supply;
- Eliminate State incentive payments to providers for e-pres-
cribing by amending the effective date to coincide with
the implementation of I-STOP e-prescribing requirements;
- Authorize the reinvestment of savings already generated by
the closure of inpatient psychiatric services or other
reductions in bed capacity at voluntary hospitals into
inpatient and community-based programs by requiring a
reinvestment plan be submitted to the Legislature 30 days
prior to the allocation of funds, and requiring a detailed
annual written report to the Legislature;
- Authorize reinvestment of savings resulting from the transi-
tion of behavioral health populations to managed care into
.SO DOC S R4036 RESO TEXT 2013
community-based services by, eliminating a proposed grant
of authority to utilize emergency regulations, requiring a
reinvestment plan be submitted to the Legislature 30 days
prior to the allocation of funds, and requiring a detailed
annual written report to the Legislature;
- Authorize the Commissioners of DOH and OMH to establish by
regulation, integrated mental health and physical health
services in a primary care setting by expanding the regu-
lations to include OASAS services, eliminating a proposed
grant of authority to utilize emergency regulations,
requiring a detailed annual written report to the Legisla-
ture, and sunsetting the pilot on March 31, 2017;
- Broaden existing authority that allows the Commissioner of
OASAS to transfer funds to DOH for the purpose of reim-
bursing chemical dependency programs to also allow the
Commissioner of OMH to transfer funds to DOH for the
purpose of increasing rates for ambulatory behavioral
health care by eliminating a proposed grant of authority
to utilize emergency regulations and requiring a detailed
annual written report be submitted to the Legislature;
- Authorize the Commissioner to distribute appropriated Health
Home funds for infrastructure, training, and other prepa-
rations for the transition of behavioral health services
to Medicaid managed care by requiring a spending plan be
submitted to the Legislature 30 days prior to the allo-
cation of funds;

- Require the nursing home fee-for-service rate be the guaran-
teed rate of payment in the absence of a negotiated rate
of payment between a resident health care facility and a
managed care plan by exempting post-acute care services;
- Modify proposals to establish exceptions to the Nurse Prac-
tice Act for home health aides by requiring such
exceptions to be tied to the Community First Choice Option
program, and to require that parameters be established in
a memorandum of understanding;
- Broaden the definition of provider participation in Develop-
mental Disabilities Individual Support and Care Coordi-
nation Organizations (DISCOs) to include Managed Long Term
Care Plans and Managed Care Organizations by establishing
additional requirements;
- Authorize the Commissioner to adjust inpatient and outpa-
tient Medicaid rates and methodology of payment to prevent
a net growth in overall Medicaid expenditures due to the
implementation of the International Classification of
Diseases Version 10 (ICD-10) coding system by clarifying
that the implementation will produce no aggregate net
increase or decrease in the overall Medicaid expenditures
when compared to the previous twelve month period;
- Establish a methodology for distributing available savings
under the Medicaid Global Cap to eligible Medicaid provid-
ers by requiring 70 percent of savings be allocated to
providers based on the prior three years of utilization
and requiring the remaining 30 percent be transferred to
the Global Cap Reserve Fund;
- Broaden the authority of DOH to amend existing contracts
without engaging in a competitive bid or request for
proposal process by exempting contracts related to the
Delivery System Reform Incentive Plan (DSRIP), Medicaid
redesign team supportive housing initiatives, activities
to facilitate the transition of vulnerable populations to
managed care, and oversight, rate-setting and other
program operations activities related to managed care
plans by authorizing the exemption only to the extent
necessary and sunsetting March 31, 2015;
- Restore the two percent Medicaid provider payment reduction
by requiring the restoration to be provided in the same
manner in which it was implemented in FY 2012;
- Amend provisions relating to Health Homes to allow DOH to
distribute funds for purposes including member engagement,
workforce training, and implementation of health informa-
tion technology systems without oversight by the State
Comptroller's Office by requiring a detailed annual writ-
ten report to the Legislature;
- Authorize the Commissioner to distribute $5 million to
promote the transition of children in foster care to Medi-
caid managed care programs without oversight by the State
Comptroller's Office by requiring a detailed annual writ-
ten report to the Legislature;
- Permit the Commissioner to take actions to review the eligi-
bility of Medicaid recipients, including contracting to
address duplicative client identification numbers issued
as the State transitions Medicaid enrollment functions to
New York State of Health by limiting such actions to the

contract, and improving transparency with regard to the
abbreviated bidding process proposed;
- Provide the Commissioners of DOH, OMH, OASAS, and OPWDD
authority to waive regulations to allow providers partic-
ipating under the Delivery System Reform Incentive
Payments (DSRIP) program to avoid duplicative requirements
by requiring a detailed annual written report to the
Legislature to more permanently and uniformly address
redundant regulatory requirements;
- Allow DOH, notwithstanding State Finance Law, to enter into
contracts to implement Medicaid 1115 Waiver or Partnership
Plan initiatives without competitive bid or request for
proposal processes by requiring notification to the Legis-
lature within 30 days of the contract award detailing the
.SO DOC S R4036 RESO TEXT 2013
selection and an annual report detailing the timeliness of
payments;
- Provide that the Commissioner may authorize 6,000 assisted
living program (ALP) beds pursuant to a seven year, as
opposed to five year, plan by requiring an annual written
report to the Legislature detailing the number of assisted
living program beds made available by count, the number of
vacant assisted living beds by county, and any other
information deemed necessary and appropriate;
- Extend for three years, through March 31, 2017, authority to
stipulate a minimum level of $51 million in gross savings
from inpatient hospitals related to potentially preventa-
ble negative outcomes (PPNOs) by extending for one year
through March 31, 2015; and
- Establish the State Health Innovation Plan account.
o The Senate advances legislation to:
- Require a monthly accounting of the state Medicaid Global
Cap that includes detailed reporting of price, utilization
and other one-time initiatives by category of spending;
- Require the Division of the Budget and DOH to, upon
submission of the Executive Budget, provide the Legisla-
ture a detailed accounting of the State Medicaid global
cap on the close out of the prior year, a current year
re-estimate and a prospective five-year estimate;
- Prohibit Average Acquisition Cost (AAC), as determined by
Department of Health surveys, from being used by DOH as a
method for establishing a maximum acquisition cost for
pharmacy reimbursement;
- Eliminate the authority of the Commissioner to change the
rate of payment for the Cost of Dispensing (COD) of drugs;
- Require DOH to establish a Medicaid global budget as the
mechanism for payment for acute care children's hospitals;
- Authorize the Commissioner to establish a disability clini-
cian advisory group to advise the Commissioner and the
Department of Education on the effects of proposed regu-
lations or statute and the impact of fiscal proposals on
individuals with disabilities;
- Codify the existing Vital Access Provider (VAP) program in
statute to authorize the Commissioner to grant approval of
a temporary adjustment to the non-capital components of
rates, or make temporary lump-sum Medicaid payments, to
eligible providers;
- Remove the authority of the Commissioner to reduce or elimi-
nate the payment factor for return on or return of equity

in the capital cost component of Medicaid rates of payment
for services provided by residential health care facili-
ties;
- Maintain a nursing home's eligibility for quality pool
payments in certain specific instances if the facility
properly reported an incident and had not received a
survey citation establishing the facility's culpability;
- Establish a Medicaid drug rebate remittance demonstration
program to validate existing Medicaid drug rebate claims;
- Require the Medicaid transportation manager to offer coun-
ties the opportunity to coordinate services and give
priority to the use of available local public transporta-
tion services in non-emergency Medicaid transportation
contracts;
- Clarify that the OMIG provide quarterly in-person briefings
to the Legislature on the activities of the office, and
require the OMIG to submit a quarterly accounting of all
recoveries and a projection of their impact on the Medi-
caid Cap;
- Authorize reimbursements to general hospital outpatient
clinics and diagnostic and treatment centers for the
provision of offsite primary care services to individuals
who, due to their medical condition, are unable to receive
the services on premises;
- Exempt school-based health centers from transitioning to
managed care;
- Establish a three year rural dentistry pilot program to
evaluate the quality of care provided through a mobile
dental unit, to evaluate the cost savings achieved through
targeted oral health initiatives in rural areas, and to
determine provider shortage in rural areas;
- Establish the 1115 Waiver Distribution Review Council to
review and make recommendations on proposed expenditures
of 1115 waiver funding prior to the approval of a project
plan;
- Establish the Hospital-Homecare-Physician Collaboration
Program;
- Direct the Commissioner to promulgate regulations related to
managed long term care plans and home care providers
delineating plan-provider responsibilities and to require
the Commissioner to make recommendations to the Legisla-
ture regarding the feasibility and appropriateness of
creating system-wide efficiencies through the establish-
ment of certain payment practices;
- Maintain the home and community based care workgroup to make
recommendations regarding state and federal regulations
and the alignment of functions between managed care enti-
ties and home and community based providers;
- Require DOH to provide a written annual Health Care Restruc-
turing Report to the Legislature; and
- Require DOH to provide the Legislature with any documents
relating to State Plan Amendment applications or revisions
within five business days of submission.
o The Senate continues to be concerned with the transition of
.SO DOC S R4036 RESO TEXT 2013
nursing homes from the fee-for-service Medicaid program to
managed long term care. The Senate continues to review the Exec-
utive's proposal to establish a standard wage including, whether
the current wage rates are adequate, the long term effect of the

proposal on the wages of nursing home employees, and whether the
proposal would impact the fiscal viability of the state's more
than 600 nursing homes. The Executive proposal lacks significant
detail on the methodology that would be employed to establish
the standard wage for nursing homes, including the adequacy of
funding to support the proposal.
o The Senate continues to review the Executive's proposal to
authorize the establishment of a basic health program in New
York state. In integrating a new program within the State's vast
public health system, it is incumbent upon the decision makers
of the state to ensure the program is appropriate, cost effec-
tive and sustainable. A complete analysis of the program's
financial impact on the State, and the program's relationship
with existing health coverage programs and the uninsured is due
to be published in the coming weeks. The Senate will conduct a
careful analysis of the report and other recently released mate-
rials prior to determining whether establishing a basic health
program is in the best interest of the state.
o The Senate continues to review funding to support the Medicaid
primary care rate increase. Although federal law provided for
the increase of Medicaid rates to equal Medicare rates, federal
funding for this will cease on January 1, 2015. As the state
looks to expand primary care and continue the transition to
Medicaid managed care, adequate rates are essential. The Senate
continues to explore avenues of funding to support the existing
rates from January 1, 2015 through March 31, 2015.
o The Senate remains concerned about the long term adequacy of
funding made available within the Medicaid Global Cap to support
wage requirements of the Home Care Wage Parity Law. The Senate
continues to analyze options to ensure funding made available
for increased Medicaid rates are passed on to providers for
payment of wages.
o The Senate continues to have concerns regarding the implementa-
tion of the current law related to ensuring consumers have the
option to access covered medication from a local network partic-
ipating pharmacy.
o The Senate remains committed to reviewing the Entertainment
Worker Demonstration Program to ensure a smooth transition for
those employees to new coverage beyond July 1, 2014.
o The Senate exempts honorably discharged military veterans, their
widow or spouse, and eligible Gold Star parents in State veter-
ans homes or adult day care at State veterans homes from transi-
tioning into a Medicaid managed care or Medicaid long term care
plan.
* PART H: The Senate denies the Executive's proposal to authorize the
Department of Health and the Dormitory Authority of the State of New
York to consolidate Wadsworth, Department of Environmental Conserva-
tion and other State and Local laboratories using an alternative
financing mechanism through a public/private partnership.

Article VII Proposals (S.6357-C)
* PART U: Modifies the Executive's proposal to establish protections
against surprise medical bills and requirements for out-of-network
coverage by:
o Requiring insurers that offer out-of-network benefits to provide
significant coverage of the usual and customary costs of out-of-
network health services, and requiring those same insurers to

offer at least one benefit option that covers 80 percent of
usual and customary costs;
o Setting a base year of 2012 for the establishment of usual and
customary costs for out-of-network rates;
o Eliminating the proposed requirement that physicians include a
claim form for third party payers with their patient bills;
o Requiring the independent dispute entity to utilize state
licensed physicians in the same or similar specialty of care as
the physician that is involved in a dispute resolution;
o Including referrals without written patient consent in the defi-
nition of a "surprise bill;" and
o Stipulating that regardless of the outcome of a dispute resol-
ution, a physician's payment for out-of-network services will
not be less than 80 percent of the usual and customary costs;
the provision does not apply to a patient who does not have any
insurance coverage.

HEALTH INSURANCE CONTINGENCY RESERVE

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of
$687,605,000.

HIGHER EDUCATION SERVICES CORPORATION (HESC)

State Operations (S.6350-C)
* The Senate concurs with the Executive's proposal of $87.7 million.

Aid to Localities (S.6353-C)
* The Senate modifies the Executive recommendation as follows:
o Denies $8 million for STEM scholarships;
o Provides an additional $500,000 for social worker loan forgive-
ness; and
o Provides $100,000 for farmer loan forgiveness.

Article VII Proposals (S.6357-C)
.SO DOC S R4036 RESO TEXT 2013
* PART G: The Senate denies the Executive proposal to create a new
Science, Technology, Engineering and Mathematics scholarship;
* PART U: The Senate advances language to include all counties within
the Social Worker Loan Forgiveness program;
* PART V: The Senate advances language to increase the maximum tuition
assistance award from $5,000 to $6,470 and the maximum income ceil-
ing from $80,000 to $100,000;
* PART W: The Senate advances language to create a $15 million revolv-
ing loan fund to help relieve graduates of high-interest private
loans.
* PART X: The Senate advances language which would allow families
establish accounts to pre-pay for tuition in a manner similar to 529
college savings plans and double the tax exemption for 529 account
contributions;
* PART AA: The Senate advances language to enhance student lending
transparency by increasing reporting standards that students must
receive.
* PART DD: The Senate advances language to develop a loan forgiveness
plan for farmers;
* The Senate expresses support for the expansion of tax credits for
graduate level students.

HOMELAND SECURITY AND EMERGENCY SERVICES, DIVISION OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $67 million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $853
million, with the following modifications:
o The Senate denies an additional $15 million for Interoperable
Communications grants for unidentified future projects, a dupli-
cative capital appropriation is also denied. Funding would be
based on a study to be conducted in the spring of 2014.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $137
million, with the following modifications:
o The Senate concurs with the Executive's new $15 million capital
funding for the College of Emergency Preparedness, Homeland
Security and Cybersecurity, provided that the College of Emer-
gency Preparedness, Homeland Security and Cybersecurity will be
sited in Syracuse New York upon agreement with SUNY regarding
joint governance.
o The Senate denies $15 million in capital funding for future
Interoperable Communications Grant Program. Funding would be
based on a study to be conducted in the spring of 2014.
o The Senate provides $10 million in capital funding for the State
Fire Academy of Science, located in Montour Falls.
o Modifies appropriation language, without prejudice, pertaining
to the development of centralized State public safety training
facilities.

Article VII Proposals (S.6355-C)
* PART D: The Senate modifies the Executive's proposal that would deny
the annual transfer of $1.5 million for four years, from the State
Public Safety Communications Account to the Emergency Services
Revolving Loan Fund, to two years.
* PART Z: The Senate advances legislation to include the Executive's
new funding of $10 million annually for expenses associated with the
operation of Public Safety Answering Points (PSAPs). In addition, a
technical change is made to conform the account within existing
statute.
* PART AA: The Senate advances language to identify the New York State
Fire Science Academy at Montour Falls within the Homeland Security
provisions of the Executive Law, recognizes its purpose, role and
the state investment in the facility, and prohibits public monies to
be used to either relocate the New York State Preparedness Center
from Oriskany to Montour Falls, or to relocate the New York State
Fire Science Academy from Montour Falls to Oriskany.
* PART FF: The Senate advances language to establish a Supplemental
State Disaster Aid Program to provide disaster aid, when federal
disaster aid is unavailable; to provide for assessment relief for
flood victims in certain disaster areas caused by the June 20, 2013
to August 9, 2013 flooding (Oneida, Herkimer, Madison, Montgomery,
Tompkins, Cortland Chemung, Schuyler, Steuben and Niagara Counties);
to provide for an income tax credit for flood victims in such disas-
ter areas caused by the June 20, 2013 to August 9, 2013 flooding;
and to establish an Upstate Flood Mitigation Program to address
issues that concerning flooding in any upstate county.

HOUSING AND COMMUNITY RENEWAL

State Operations (S.6350-C)
* The Senate concurs with the Executive Budget Recommendation of $86.7
million.
* Provided that no appropriation or reappropriation may be used to
fund oversight entities if not specifically identified in such
appropriation or reappropriation.

Aid To Localities (S.6353-C)
* The Senate modifies the Executive's All Funds Recommendation of
$86.83 million as follows:
o The Senate restores funding:
- $1.59 million for the Neighborhood Preservation Program; and
- $665,000 for the Rural Preservation Program.

Capital Projects (S.6354-C)
o The Senate concurs with the Executive's All Funds Recommendation
.SO DOC S R4036 RESO TEXT 2013
of $91.2 million.

Article VII Proposals (S.6356-C)
* PART K: The Senate modifies the Executive proposal to utilize excess
Mortgage Insurance Fund reserves for certain programs. Specifically,
the Senate rejects $32,000,000 of the Executive's proposal for the
rehabilitation of Mitchell Lama housing projects. Significant
investment of State and federal resources is being requested for the
improvement and redevelopment of these properties. The Senate
concurs with the Executive's underlying goal of housing preserva-
tion. However, until such time as New York State Homes and Communi-
ty Renewal provides a detailed response to the Senate's request for
specific information related to these properties, it is unable to
consider the significant commitment of resources and broader housing
policy considerations related to this proposal.
* PART DD: The Senate advances legislation to create the Access to
Home for Heroes Program to assist disabled veterans and veterans
with disabilities with the cost of making accessibility modifica-
tions to their dwelling units.
* PART EE: The Senate advances legislation for the creation of an
Affordable Housing Task Force mandated to catalogue vacant or under-
utilized public properties that are suitable for affordable housing
development and investigate any statutory or regulatory changes that
would facilitate the increased development of affordable housing
statewide.
* PART FF: The Senate advances legislation to increase in the income
threshold to $50,000 for the Senior Citizen Rent Increase Exemption
(SCRIE).
* PART GG: The Senate advances legislation for the creation of a Mitc-
hell Lama 2020 Housing Trust Fund Program to address community rede-
velopment and reinvestment, affordable housing construction, and the
maintenance of existing affordable housing, for working families,
seniors, and veterans.

HUDSON RIVER VALLEY GREENWAY COMMUNITIES COUNCIL

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $185,000.

Aid to Localities (S.6353-C)

* The Senate concurs with the Executive recommendation of $136,000.

HUMAN RIGHTS

State Operations (S.6350-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$18.01 million.

INDIGENT LEGAL SERVICES, OFFICE OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $1.8
million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $81 million
and restores:
o $4 million of funding for indigent defense services for upstate
counties that have a high volume of indigent defense caseloads.

INFORMATION TECHNOLOGY SERVICES, OFFICE OF

State Operations (S.6350-C)
* The Senate modifies the Executive recommendation of $799,727,000 as
follows:
o Reject $3,200,000 for 41 additional employees.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of
$115,700,000.

Article VII Proposal (S.6355-C)
* PART F: The Senate modifies the Executive's proposal to authorize
300 term appointments relating to technology positions as follows:
o deny 300 term appointments relating to technology positions;
o deny the exemption of term employees hired pursuant to Chapter
500 of the Laws of 2009 from the two year prohibition on prac-
ticing before a state entity or receiving compensation for
services rendered on behalf of anyone in relation to a matter
pending before such agency.

INSPECTOR GENERAL, OFFICE OF THE STATE

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $6.9
million.

INSURANCE AND SECURITIES FUNDS RESERVE GUARANTEE

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of
$1,605,000,000.

INTEREST ON LAWYERS ACCOUNT

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $1.8
million.
.SO DOC S R4036 RESO TEXT 2013

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $45 million.

JUDICIAL CONDUCT, COMMISSION ON

State Operations (S.6350-C)
* The Senate modifies the Executive recommendation as follows:
o Provides $270,000 increase for personal and nonpersonal service
spending.

JUDICIAL NOMINATIONS, COMMISSION ON

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $30,000.

JUDICIAL SCREENING COMMITTEES

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $38,000.

LABOR, DEPARTMENT OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of
$702,946,000.

Aid to Localities (S.6353-C)
* The Senate amends the Executive recommendation of $3,872,983,000 as
follows:
o Provide $500,000 for solar energy maintenance training;
o Provide $31,000,000 for Paid Family Medical Leave;
o Restore $500,000 for Brooklyn Chamber Jobs 2013;
o Restore $750,000 for the Chamber On-the-Job training program;
o Restore $600,000 for the Displaced Homemaker Program
o Restore $155,000 for the New York Council on Occupational Safety
and Health (NYCOSH) located on Long Island;
o Restore $400,000 for Building Trades Pre-Apprenticeship Programs
(BTPAP);
o Restore $4,000,000 for the New York State American Federation of
Labor and Congress of Industrial Organization (AFL-CIO) Work-
force Development Institute (WDI);
o Provide $3,000,000 in additional funding for the WDI;
o Restore $50,000 for the Rochester tooling and machining Insti-
tute, Inc.;
o Restore $100,000 for Hillside Works Inc.;
o Restore $250,000 for the Summer of Opportunity Youth Employment
Program - Rochester;
o Restore $300,000 for Project RISE - Referral, Information,
Services, Employment that will be funded through existing reap-
propriations;
o Provide $600,000 for the Worker Institute;
o Provide $201,000 for the Western New York Committee on Occupa-
tional Safety and Health (WNYCOSH);
o Provide $300,000 for leadership programs through the AFL-CIO in
conjunction with the Cornell University; and,
o Provide $1,600,000 for other workforce development initiatives.

Article VII (S.6356-C)

* PART O: The Senate proposes legislation relating to the number of
hours employees may work in the hospitality industry.

Article VII (S.6357-C)
* PART JJ: The Senate proposes exempting contractors from certain
asbestos fees and the requirement that owners of homes condemned due
to disasters pay a $200 fixed notification fee.

LABOR MANAGEMENT COMMITTEES

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $35,741,000.

LEGISLATURE AND JUDICIARY (S.6351)

Judiciary
* The Senate concurs with the Executive recommendation of $1.75
billion with the belief that the $17 million increase for indigent
legal services in New York City should be reduced for the purposes
of staying within the Executive's recommended cap of a two percent
spending increase.
* The Senate expresses support for an increase of Family Court Judges.

Legislature (S.6351)
* The Senate concurs with the Executive recommendation of $217.8
million.

LAW, DEPARTMENT OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $223.9
million in operating aid and $9 million in capital projects. However
it rejects language allowing $5.2 million in credits for prior-year
expenses.
* The Senate expresses its desire for additional transparency and
oversight in the disbursement of grants awarded on behalf of the
Attorney General as the result of legal actions taken by the State.
* The Senate modifies the appropriations within the Department of Law
in order to appropriate the proceeds of the multi-state settlement
.SO DOC S R4036 RESO TEXT 2013
entered into with J.P. Morgan Chase.
o This settlement provides New York with $613 million over several
years. Pursuant to Article VII of the State Constitution, Court
of Appeals precedents including Anderson v. Reagan, and Execu-
tive and State Finance Law, these funds from the settlement are
required to be deposited into the general fund, and appropriated
therefrom in accordance with the terms of Article VII.
o The Senate proposes to dedicate the funding from this settlement
to the purposes outlined in the settlement, including providing
support for affordable housing, including expanding the creation
of affordable housing projects under the Mitchell-Lama 2020
program, further ensuring continued resources are available to
existing community redevelopment and reinvestment programs,
affordable housing construction, and the maintenance of existing
affordable housing, to ensure that New York remains affordable
for New York's working families, its seniors, and its veterans
returning from overseas.
o To further ameliorate the effects of the foreclosure crisis,
especially on New York's active duty military members and veter-

ans, the Senate further proposes to provide funding for the
following programs that will assist with housing construction,
remediation and anti-blight efforts. These programs include the:
Low Income Housing Trust Fund, Rural and Urban Community Invest-
ment Fund, New York Main Street Program, Access to Home Program,
Access to Home for Heroes Program, Residential Emergency
Services to Offer (Home) Repairs to the Elderly (RESTORE)
Program, Homes for Working Families Program, Affordable Housing
Corporation, Rural Area Revitalization Program, the Adirondack
Community Housing Trust and the Isaiah 61 Project. In this
regard, as well as to promote the interests of the investing
public and avoid preventable foreclosures the Senate also
proposes to fund the State's network of Rural and Neighborhood
Preservation Companies.

LIEUTENANT GOVERNOR, OFFICE OF THE

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $630,000.

LOCAL GOVERNMENT ASSISTANCE

State Operations (S.6350-C)
* The Senate concurs with the Executive appropriation level of
$2,500,000.

Aid To Localities (S6353-C)
* The Senate modifies the Executive's proposed appropriation level as
follows:
o Provide $200,000,000 in aid and incentives to municipalities to
New York City on April 1st 2015.
- The Senate amends the Executive's proposal for the Aid to
Municipalities with Video Lottery Gaming Facilities
Program by adding $26,255,737 as follows:
- Provide $20,000,000 for New York City;
- Restores $6,255,737 in funding to SFY 2008-09 levels for
eligible municipalities;
- Include localities that will host the Nassau and Suffolk OTB
Video Gaming Facilities in the program; and
o Restore $1,500,000 and provide an additional $500,000 to the
Village Per Capita Aid program.
* The Senate amends the Executive's proposal for Miscellaneous Finan-
cial Assistance by $4,248,000 million, as follows:
o Provide $2,000,000 to Seneca County
o Provide $1,000,000 to Cayuga County
o Provide $1,000,000 to Franklin County
o Provide $5,000,000 to municipal governments for the municipal
infrastructure grant program.
o Restore $123,000 in additional base level grants to the follow-
ing villages who do not currently receive base level AIM:
- Mastic Beach ($75,000)
- Sagaponack ($2,000)
- South Blooming Grove ($19,000)
- Woodbury ($27,800);
o Restore $125,000 to the City of Syracuse for a shared services
project with Onondaga County.
* The Senate would like to look at proposing funds to local govern-
ments to address budgetary shortfalls associated with snow removal.

* Freeze Plus - NY Helping Everybody Lower Property Taxes The Senate
provides $200 million for the Freeze Plus property tax relief
program in local fiscal year 2015 and $400 million in local fiscal
year 2016. This program is structured so that local government muni-
cipalities that adhere to the 2 percent levy cap will have to
supplant their property tax levy with State Aid, freezing property
taxes. Under the Freeze proposal, the property tax levy in local
government municipalities subject to the tax cap would be frozen.

Article VII Proposal (S.6355-C)
* PART G: The Senate modifies the Executive proposal to make permanent
the authorization of certain procurement options for local govern-
ment entities, and to provide similar procurement options for local
authorities for a period of three years.
* PART J: The Senate concurs with the Executive proposal to authorize
school zones in the counties of Nassau and Suffolk to insure that
its children and schools remain safe from traffic violations. The
Senate proposes further to extend a New York City program for speed
enforcement cameras to encompass an additional 160 cameras, pursuant
to a plan to be provided by New York City, to maximize the safety of
.SO DOC S R4036 RESO TEXT 2013
designated school zones.
* PART Q: The Senate provides amendments to section 54-l of the State
Finance Law as follows:
o Restore all eligible municipalities Host Community Video Lottery
Aid to the SFY 2008-2009 levels; and
o Advance legislation to include municipalities that host Aque-
duct, Nassau OTB and Suffolk OTB Video Lottery Gaming Facili-
ties.
* PART DD: The Senate advances a one year extension of the assessment
review commission for Nassau County allows for the unification of
petitions for assessment review.

MEDICAID INSPECTOR GENERAL, OFFICE OF

State Operations (S.6350-C)
* The Senate concurs with the Executive Budget Recommendation of $56.7
million.

METROPOLITAN TRANSPORTATION AUTHORITY
* The Senate recommends that the Metropolitan Transportation Authority
perform a feasibility study, and any other analysis that may be
required, in order to identify and recommend Verrazano-Narrows
Bridge toll discount proposals that could be made available to non-
Staten Island residents. As a major crossing linking Staten Island
and Brooklyn, the Verrazano-Narrows Bridge needs to be more afforda-
ble for motorists who must frequently travel over the bridge and who
are not currently eligible for any toll discount program.

MENTAL HYGIENE, DEPARTMENT OF

Article VII Proposals (S.6358-C)
* PART E: Modifies the Executive's proposal for a three-year extension
of the clarification that Office of Mental Health and Office for
People with Developmental Disabilities facility directors who act as
representative payees may use a person's funds for their care and
treatment, consistent with federal law and regulations, to a one
year extension.

* PART G: The Senate Rejects without prejudice the Executive proposal.
The Senate supports a partial Human Services Cost of Living Adjust-
ment and a Medicaid Trend Factor increase targeted at increasing the
salaries of direct care workers and direct service providers.

ALCOHOLISM AND SUBSTANCE ABUSE SERVICES

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $115
million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $457 million
with the following modifications:
o The Senate provides $2 million for additional residential inten-
sive treatment beds.
o The Senate provides $5 million for increased heroin prevention,
treatment, and recovery support services.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $6 million.

MENTAL HEALTH, OFFICE OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $2.2 billion
with the following modification:
o The Senate provides $30.3 million in restorations from the
denial of closing 399 inpatient beds.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $1.35
billion with the following additions:
o $2.2 million for veteran peer to peer pilot programs;
o $2 million for the Binghamton Hospital Comprehensive Psychiatric
Emergency Program;
o $1.5 million for mental health research;
o $1 million for an independent study on the impact of expanded
community services;
o $300,000 for FarmNet;
o $250,000 for the Sullivan County Peer Empowerment/Recovery
Center;
o $185,000 for the Therapeutic Equestrian Center;
o $160,000 for the South Fork Health Proposal;
o $100,000 for the Mental Health Association in New York State;
and
o $50,000 for Family Residences and Essential Enterprises, Inc.
* The Senate concurs with the supported housing rental stipend
increase proposal and supports expanding the increase to other areas
of the State.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $90.1
million with the following modification:
o The Senate denies the proposed transfer authority language in
reappropriations.

Article VII Proposals (S.6358-C)

* PART F: Modifies the Executive proposal to permanently authorize
recovery of Exempt Income to allow for such recoveries for one year.
.SO DOC S R4036 RESO TEXT 2013
* PART K: The Senate advances legislation to address the proposed
closure, merger, and consolidation of State-operated psychiatric
centers and / or beds.
* PART N: The Senate advances legislation relating to the Community
Mental Health Support and Workforce Reinvestment Program.
* The Senate encourages the Office of Mental Health to develop a plan
to ensure sufficient community housing is available to meet the
need.

DEVELOPMENTAL DISABILITIES PLANNING COUNCIL

State Operations (S.6350-C)
* The Senate concurs with the Executive's proposal of $4.8 million.

JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS

State Operations (S.6350-C)
* The Senate concurs with the Executive's proposal of $49 million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive's proposal of $649,000.

OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $2 billion
with the following modification:
o The Senate provides $750,000 for a direct service providers
credential pilot program.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $1.35
billion with the following additions:
o $2 million in developmental disability grants;
o $300,000 for the Women's League Community Residences, Inc;
o $195,000 for Harmony Services, Inc;
o $150,000 for the Hebrew Academy for Special Children; and
o $22,500 for the Living Resources Corporation.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $48.9
million.

Article VII Proposals (S.6358-C)
* PART D: Modifies the Executive's proposal to expand the existing
exemption in the Nurse Practice Act to direct care staff in non-cer-
tified settings funded, authorized, or approved by the Office for
People with Developmental Disabilities (OPWDD) to require a memoran-
dum of understanding between the State Education Department and
OPWDD.
* The Senate advances language to:
o PART I: Create a Managed Care for Persons With Developmental
Disabilities advocacy program; and
o PART J: Create a pilot program for credentialing direct support
professionals;

o PART L: Establish a plan that facilitates integrated employment
for individuals with developmental disabilities;
o PART M: Ensure due process rights are provided to develop-
mentally disabled individuals receiving transitional care living
out of state;
o PART O: Ensure that the appropriate local government is notified
by OPWDD upon the transfer of an individual from a facility.

MILITARY AND NAVAL AFFAIRS, DIVISION OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $76 million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $900,000.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $39.2
million.

MORTGAGE AGENCY (SONYMA)

State Operations (S.6350-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$76.8 million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$114.9 million.

MOTOR VEHICLES, DEPARTMENT OF

Capital Projects (S6354-C)
* The Senate modifies the Executive Budget request of $194.3 million,
and provides $156 million. This is not an actual decrease, as these
expenses will be moved into State Operations, to restore the Dedi-
cated highway and Bridge Fund as a Capital account. This initiative
is referred to as The Bridge Bill.

State Operations (S6350-C)
* The Senate modifies the Executive Budget request of $102.8 million,
and provides $141.2 million. This increase represents the Bridge
Bill move of non-capital expenses out of the Dedicated Highway and
.SO DOC S R4036 RESO TEXT 2013
Bridge Trust fund, and into State Operations. This will be funded by
denying a portion of the General Fund sweep to the Dedicated Highway
and Bridge Trust Fund.

Article VII Proposals (S6357-C)
* PART D: The Senate concurs with the Executive's proposal to make
permanent the authorization of DMV State offices to hold Saturday
hours.
* PART E: The Senate concurs with the Executive's proposal to make
permanent the authorization for DMV to provide the Accident
Prevention Course Internet Program.
* PART F: The Senate denies without prejudice the Executive's proposal
to modify the State's Federal Compliance guidelines for Commercial
Drivers License holders. The State is currently in Federal compli-
ance.

* PART CC: The Senate proposes language to change the definition of
All Terrain Vehicle, to include larger vehicles.
* PART NN: The Senate proposes language to provide a ten percent
discount on senior drivers licenses.

Article VII Proposals (S.6355B)
* PART GG: The Senate proposes language to Establish annual written
reporting requirements and prevent transfers to the General Fund
from the following specialty license plate funds:
o Breast Cancer Research and Education Fund
o Prostate Cancer Research, Detection and Education Fund;
o Drive Out Diabetes Research and Education Fund;
o "Keep Kids Drug Free" License Plate Fund; and the
o Multiple Sclerosis Research Fund.

NATIONAL AND COMMUNITY SERVICE

State Operations (S.6350-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$30.33 million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$350,000.

OLYMPIC REGIONAL DEVELOPMENT AUTHORITY

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of funding
support for the Olympic Regional Development Authority at
$4,318,000.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive recommendation of $6,900,000
for infrastructure and preventive maintenance projects.

PARKS, RECREATION AND HISTORIC PRESERVATION, OFFICE OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of
$224,768,500.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $12,225,000
with the following modification.
o Provides $500,000 to fund priority projects; and
o Provides $1,000,000 for snowmobile maintenance.

Capital Projects (S.6354-C)
* The Senate denies the $90.0 million of NY Works Capital funding
under the Department of Parks, Recreation, and Historic Preservation
as there is no project list associated with this increased capital
request.
* The Senate proposes an additional $5 million for various parks and
historic sites.

PREVENTION OF DOMESTIC VIOLENCE, OFFICE OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $3.7
million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $1.2
million.

POWER AUTHORITY ASSET TRANSFER

State Operations (S.6350-C)
* The Senate concurs with the Executive's recommendation.
* The Senate resolves to explore the cost benefits of expanding renew-
able energy and energy efficiency programs and providing subsidies
for reducing rate electricity costs to all elementary and secondary
school facilities statewide.

PUBLIC ETHICS, JOINT COMMISSION ON

State Operations (S.6350-C)
* The Senate concurs the Executive proposal to provide $4.3 million to
the Joint Commission on Public Ethics.

PUBLIC EMPLOYMENT RELATIONS BOARD

.SO DOC S R4036 RESO TEXT 2013
State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $3,984,000.

PUBLIC SERVICE

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $83,566,000.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $5,750,000.

Article VII Proposals (S.6357-C)
* PART R: The Senate concurs with the Executive's proposal to maintain
oversight but reduce regulatory burdens on the telecommunications
industries rate and service filings, municipality and cable-TV fran-
chises, and shared meters abuses.
* PART S: The Senate concurs with the Executive's proposal to elimi-
nate the 18-a temporary surcharge for industrial customers and
accelerate the phase-out of the surcharge for all other ratepayers.
* PART Q: The Senate concurs with the Executive's proposal to transfer
$454,000 from the assessments collected by the Department of Public
Service from cable television companies to the Department of Health
to fund their public service education programs.
* PART II: The Senate advances language to establish a Northern New
York Power Proceeds Allocation Board, similar to the Western New
York Power Proceeds Allocation Board adopted in the SFY 2013 budget,
to allow unallocated power from the FDR hydropower facility in
Massena to be monetized and used for economic development purposes
within the local region.
* PART YY: The Senate proposes language to request that the Long
Island Power Authority enter into no power purchase agreements with
any new base load generating facility until every reasonable attempt
has been made to have repowered sites serve Long Island's energy

needs, and that financials for all proposed facilities be made
available to the Senate and the Assembly so the Legislature can
perform its Constitutionally charged responsibilities.
* PART ZZ: The Senate adds language to direct the Public Service
Commission to undertake a comprehensive examination of telecommuni-
cation services to underserved areas in New York State.

RESERVE FOR FEDERAL AUDIT DISALLOWANCES

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of 500,000,000.

RACING REFORM PROGRAM

State Operations (S.6350-C)
* The Senate concurs with the Executive's proposed $2,300,000 reappro-
priated funding level.

STATE, DEPARTMENT OF

State Operations (S6350-C)
* The Senate concurs with the Executive proposal to provide $68.2
million. The Senate however denies appropriation language to allow
for the denial of e-license renewals for those with a fixed and
final tax liability of $10,000 or greater.

Aid to Localities (S6353-C)
* The Senate modifies the Executive proposal of $65.3 million, and
provides $67.4 million. This $2.1 million will be used for prepar-
ing, printing, and providing local governments with uniform code
enhancement books.

Article VII Proposals (S6357-C)
* PART N: The Senate concurs with the Executive's proposal to extend
for one year the authority of the Secretary of State to cover State
costs of providing expedited documents.
* PART O: The Senate concurs with the Executive's proposal to allow
DOS to electronically transmit documents to County Clerks.
* PART P: The Senate concurs with the Executive's proposal to bring
the State into Federal compliance regarding real estate appraisers.

The Senate will consider whether consumer advocacy efforts in the State
of New York merits the creation of an independent consumer advocate to
ensure that utilities furnish safe and adequate service at just and
reasonable rates.

STATE POLICE, DIVISION OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $675
million, except as follows:
o Provides $8 million for costs associated with a new recruitment
class of troopers.
o Provides $25 million for costs associated with investigations at
corporate casinos, from the Commercial Gaming Revenue Account.

Capital Projects (S.6354-C)

* The Senate concurs with the Executive recommendation of $16 million,
except as follows:
o The Senate denies $10 million in capital funding related to the
development of the New York Cloud Initiative.

Article VII Proposals (S.6355-C)
* PART A: The Senate modifies the Executive proposal by making perma-
.SO DOC S R4036 RESO TEXT 2013
nent lifetime revocation of licenses on account of drunk driving
prospective from the effective date, and providing DMV discretion in
approving conditional licenses for persons with revoked licenses if
certain criteria are met.
* PART B: The Senate concurs with the Executive proposal to increase
license sanctions and fines for texting and mobile phone violations
committed by persons under the age of 21.
* Parts BB and CC: The Senate advances language to allow the Division
of State Police to perform investigatory services at corporate casi-
nos.

STATEWIDE FINANCIAL SYSTEM

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $29,700,000.

STATE UNIVERSITY OF NEW YORK (SUNY)

State Operations (S.6350-C)
* The Senate modifies the Executive's recommendation as follows:
o Restores $994,160 for the ATTAIN lab program;
o Restores $333,000 for the Stony Brook Marine Animal Disease
Laboratory;
o Restores $18.5 million for SUNY Upstate and Stony Brook hospi-
tals;
o Provides $20.6 million for contractual salary increases.
o Provides $632,400 for EOP programs.
o Eliminates $1,000,000 from the SUNY Stabilization Fund.

Aid to Localities (S.6353-C)
* The Senate modifies the Executive recommendation for Aid to Locali-
ties as follows:
o Provides $28 million for increased community college base aid;
o Provides $16.1 million for a new community college workforce
development initiative;
o Provides $5.8 million to reimburse counties for chargeback costs
to the Fashion Institute of Technology;
o Provides $1 million for the Harvest NY program at Cornell
o Restores $653,000 for childcare centers;
o Restores $1.7 million for the Accelerated Study in Associate
Programs.

Capital Projects (S.6354-C)
* The Senate modifies the Executive's recommendation as follows:
o Provides an additional $1.2 billion for strategic initiatives on
four-year campuses and the SUNY hospitals.
o Provides an additional $73.5 million for strategic initiative
projects on community college campuses.

Article VII Proposals (S.6357-C)

* PART P: The Senate advances language to delay implementation of a
new Community College chargeback formula for one year, develop a new
formula, and provide for a reimbursement to counties for chargebacks
of upper division courses at the Fashion Institute of Technology.
* PART Q: The Senate advances language to create firewall between the
individual accounts of the three SUNY hospital systems and the
central SUNY system.
* PART R: The Senate advances language to extend maintenance of effort
support to SUNY Heath Science Centers and include collectively
bargained salary increases within maintenance of effort provisions.
* PART S: The Senate advances language requiring SUNY to report on
economic development activities.
* PART T: The Senate advances language to study University Center
autonomy.
* PART Y: The Senate advances language to develop additional workforce
development opportunities to target unemployed populations.
* PART Z: The Senate advances language to work in conjunction with
SUNY to develop an accelerated proficiency degree.

Miscellaneous Items

Article VII Proposals (S.6357-C)
* PART D: The Senate modifies the Executive proposal to limit partic-
ipating nurse practitioners to those in the areas of primary care,
mental health, and women's health.
* PART H: The Senate accepts the Executive proposal to extend the
HECap program for three years.
* The Senate expresses support for the expansion of tax credits for
graduate level students.

TAX APPEALS

State Operations (S.6350-C)
* The Senate concurs with the Executive's proposed appropriation level
of $3,121,000.

TAXATION AND FINANCE

State Operations (S.6350-C)
* The Senate concurs with the Executive's proposed appropriation level
$464,074,400.

Aid To Localities (S6253-C)
* The Senate concurs with the Executive's proposed appropriation level
of $926,000.

TEMPORARY AND DISABILITY ASSISTANCE

.SO DOC S R4036 RESO TEXT 2013
State Operations (S.6350-C)
* The Senate modifies the Executive's All Funds Recommendation of
$398.5 million as follows:
o Removes appropriation language within the Administrative Hear-
ings Program that would reduce by 70 percent of the non-federal
share of personal service and nonpersonal service costs of fair
hearings operations for each of those local social services
districts that do not meet criteria related to the fair hearings
process as determined by office of temporary and disability
assistance.

Aid To Localities (S.6353-C)
* The Senate modifies the Executive's All Funds recommendation of
$5.02 billion as follows:
o $9 million to meet the standard of need for eligible recipients
of a 30 percent of income rent cap for people on public assist-
ance and living with HIV/AIDS in social services districts with-
in New York City. The Senate provides language to expand
provision to include certain other chronic diseases.
* The Senate restores or adds funding to the following General Fund
programs:
o $870,000 for the Disability Advocacy Program;
o $250,000 for English as a Second Language and Adult Basic Educa-
tion program;
o $80,000 for Legal Services for the Elderly or Disadvantaged of
Western NY;
o $3.9 million for Homeless Housing and Preventive Services;
o $3 million for the Youth Build program;
o $2 million for additional funding for Food Banks;
o $1 million for local community services programs; and
o $1 million for Women's Initiatives.
* The Senate restores or adds funding for the following TANF programs:
o $1 million for ACCESS - Welfare to Careers;
o $3 million for non-residential domestic violence programs;
o $4 million for Nurse Family Partnership; and
o $950,000 for Wage Subsidy.

Capital Projects (S.6354-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$63 million.

Article VII Proposals (S.6356-C)
* PART I: The Senate accepts the Executive's proposal to authorize the
Supplemental SSI Federal COLA pass-through.
* PART J: The Senate modifies the Executive's proposal which prohibits
electronic benefit transfers of public assistance benefits at auto-
mated teller machines or point-of-sale terminals in liquor stores,
casinos, gaming establishments, and adult-oriented entertainment
venues by substituting Senate Bill 966, which is known as the
"Public Assistance Integrity Act". This part prohibits the sale or
purchase of alcoholic beverages, tobacco products or lottery tickets
with public assistance benefits and prohibit use of or access to
such benefits in a casino, liquor store or adult entertainment
facility; and to establish a public assistance integrity fund.
* PART M: The Senate modifies the Executive proposal to provide a rent
cap for persons living with clinical/symptomatic HIV illness or AIDS
in social service districts with a population of five million as
follows:
o Establishes that individuals with certain chronic diseases be
included in the population which would not be required to pay
more than 30 percent of their earned and/or unearned income
toward the cost of rent;
o Establishes that the Office of Temporary and Disability Assist-
ance, in consultation with the department of health, promulgate
regulations specifying such qualifying chronic diseases;
o Establishes that the provisions of this proposal will expire and
be deemed repealed December 31, 2019.

THRUWAY AUTHORITY

Capital Projects (S6354-C)
* The Senate concurs with the Executive proposal to provide $2
million.

State Operations (S6350-C)
* The Senate concurs with the Executive proposal to provide $24
million.

Article VII Proposal (S6357-C)
* PART B: The Senate denies without prejudice an extension of Design
Build.
* PART G: The Senate modifies the Executive's proposal on increasing
penalties for toll evasion by rejecting making such violations a
misdemeanor, and by directing half of the collected revenue to be
deposited into the Dedicated Highway and Bridge Trust Fund.

TRANSPORTATION, DEPARTMENT OF

Capital Projects (S6354-C)
* The Senate modifies the Executive Budget request of $5.1 billion,
and provides $4.7 billion. This is not an actual decrease, as these
expenses will be moved into State Operations, to restore the Dedi-
cated highway and Bridge Fund as a Capital account.
* The Senate commits to using the $25 million capital reserve to allo-
cate $10 million to freight, $10 million to aviation, and $5 million
to transit capital.
* The Senate proposes $2 million in appropriation authority to fully
reopen six rest stops throughout the State.
* The Senate remains committed to increasing funding for the Consol-
.SO DOC S R4036 RESO TEXT 2013
idated Highway Improvement Program (CHIPS), should funds become
available.
* The Senate remains committed to allowing local governments more
flexibility in addressing both preservation needs, as well as other
capital construction.
* The Senate advances a proposal to direct DOT to allocate $3 million
to begin an environmental study needed to build a new ramp that
would directly connect the Sheridan Expressway with the Hunts Point
Market, should funding become available.

State Operations (S6350-C)
* The Senate modifies the Executive Budget request of $33.1 million,
and provides $418 million. This increase represents the Bridge Bill
move of non-capital expenses out of the Dedicated Highway and Bridge
Trust fund, and into State Operations, as well as the restoration of
two non-capital SRO's. This will be funded by denying a portion of
the General Fund sweep to the Dedicated Highway and Bridge Trust
Fund.

Aid to Localities (S6353-C)
* The Senate modifies the Executive Budget request of $5.007 billion,
and provides $5.01 billion. This additional $3 million in upstate
transit operating aid, and an additional $1 million in operating aid
to the Niagara Frontier Transportation Authority.
* The Senate denies the sweep of $40 million from the Metropolitan
Mass Transportation Operating Assistance (MMTOA) to the General Fund
to pay MTA service contract bonds.

Article VII Proposals (S6357-C)

* PART A: The Senate concurs with the Executive's proposal to move
CHIPS and Marchiselli on budget.
* PART C: The Senate denies the Executive proposal to move $16 million
in non-capital expenses into the Dedicated Highway and Bridge Trust
Fund.
* PART BB: The Senate proposes language to provide additional operat-
ing aid to the upstate transit providers.
* PART EE: The Senate proposes language to create the St. Lawrence
Wine Trail.
* PART GG: The Senate proposes language to fully reopen six rest stops
throughout the State.
* PART HH: The Senate proposes language to direct the release of 2005
Bond Act funds.
* PART FF: The Senate proposes language to phase out non-capital
expenses from the Dedicated Highway and Bridge Trust Fund (The
Bridge Bill). These expenses do not increase actual State operating
spending because in prior years, General Fund revenues were being
used to pay for these costs within the Dedicated Highway and Bridge
Trust Fund.
* PART AAA: The Senate advances language to allow non-divisible load
vehicles to obtain one uniform permit instead of the current two
required when traveling on one route between Westchester County and
Nassau County.
* The Senate shall explore providing toll relief to commuters in West-
chester and Rockland that traverse the Tappan Zee Bridge through a
tax credit.

TRIBAL STATE COMPACT

Aid To Localities (S6253-C)
* The Senate accepts the Executive's proposed appropriation level of
$111,400,000.

VETERANS' AFFAIRS

State Operations (S.6350-C)
* The Senate concurs with the Executive's All Funds Recommendation of
$8.48 million with the following modification:
o Denies $246,000 for disparity study to examine the equity in
state contracting for service-disabled veteran small business
owners.

Aid To Localities (S.6353-C)
* The Senate modifies the Executive's All Funds recommendation of $9.1
million, as follows:
o $25,000 for the Vietnam Veterans of America;
o $50,000 for the Buffalo Veterans Service Organization;
o $75,000 for the New York City Veterans Service Organization;
o $250,000 for the Syracuse University Veterans' Legal Clinic;
o $200,000 for the Warrior Salute program; and
o $500,000 for local veterans community services programs.

VICTIM SERVICES, OFFICE OF

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $9.5
million.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $66 million.

WELFARE INSPECTOR GENERAL

State Operations (S.6350-C)
* The Senate concurs with the Executive's All Funds recommendation of
$1.16 million.

WORKERS' COMPENSATION BOARD

.SO DOC S R4036 RESO TEXT 2013
State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of
$187,237,000.

Article VII Proposal (S.6356-C)
* PART MM. The Senate advances language to establish a Paid Family
Leave benefit, which will provide new parents, and individuals
caring for a seriously ill relative, with a weekly benefit while on
a work leave so they can affordably care for their family and to
ensure that the State will not impose such costs on employers or the
employees.

WORKERS' COMPENSATION RESERVE

State Operations (S.6350-C)
* The Senate concurs with the Executive recommendation of $13,210,000.

Article VII Proposal (S.6356-C)
* PART MM: The Senate proposes Language to establish a Paid Family
Leave benefit, which will provide new parents, and individuals
caring for a seriously ill relative, with a weekly benefit while on
a work leave so they can affordably care for their family and to
ensure that the State will not impose such costs on employers or the
employees.

MISCELLANEOUS ITEMS

State Operations (S6350-C)
* The Senate concurs with the Executive Budget request $1 million for
the New York Works Task Force.

Aid to Localities (S.6353-C)
* The Senate concurs with the Executive recommendation of $170,000,000
for Payment to the City of New York.
* The Senate modifies the Executive's All Funds recommendation by
providing $23 million for Pay for Success Initiatives.
* The Senate includes $300,000 for the Rockland Bergen Bi-State River
Taskforce.

Article VII Proposal (S. 6355-C)
* The Senate advances language to create the Rockland Bergen Bi-State
River Commission. New York and New Jersey will jointly identify and
remediate potential flood hazards within an identified regional
area.

REVENUE

Article VII Proposal (S.6359-C)
* PART A: The Senate modifies the Executive proposal to merge the bank
tax and the corporate franchise tax. In addition, the Senate takes
the position that corporate tax reform for the financial industry
should be revenue neutral to taxpayers and the State.
* PART B: The Senate concurs with the Executive proposal to allow
direct payment of STAR tax savings in certain cases.
* PART C: The Senate concurs with the Executive proposal to extend
fees for the establishment of oil and gas unit of production values.
* PART D: The Senate denies the Executive proposal to increase the
racing regulatory fee from 0.0005 percent to 0.0006 percent.
* PART E: The Senate concurs with the Executive proposal to modify
signature requirements on e-filed returns prepared by tax profes-
sionals.
* PART F: The Senate denies the Executive proposal to eliminate the
income threshold inflation adjustment for enhanced STAR benefits.
* PART G: The Senate concurs with the Executive proposal to extend the
noncustodial parent earned income tax credit for two years.
* PART H: The Senate modifies the Executive proposal to mandate for
professional and business licenses electronic tax clearance upon
application or renewal to increase the threshold from $500 to
$10,000.
* PART I: The Senate modifies the Executive proposal to close the
resident trust loophole.
* PART J: The Senate concurs with the Executive proposal to repeal the
additional minimum personal income tax.
* PART K: The Senate denies the Executive proposal to create an
enhanced real property tax circuit breaker credit.
* PART L: The Senate denies the Executive proposal to establish a
renters personal income tax credit.
* PART M: The Senate modifies the Executive proposal to modify deliv-
ery of the family tax relief credit after tax year 2014 by allowing
credit for one year only and repurposing funds for other tax relief.
* PART N: The Senate concurs with the Executive proposal to increase
the personal income tax filing threshold to reduce the number of
taxpayers who need to file personal income tax returns.
* PART O: The Senate modifies the Executive proposal to extend the
empire state commercial production tax credit for two years by
making it easier to access the regional pools outside the MTA
region.
* PART P: The Senate concurs with the Executive proposal to expand the
low income housing credit.
* PART Q: The Senate modifies the Executive proposal to extend and
reform the Brownfield cleanup program.
* PART R: The Senate modifies the Executive proposal to: establish a
20 percent real property tax credit for manufacturers; amend the
elimination of the net income tax on upstate manufacturers to apply
statewide; reform the investment tax credit by repealing the finan-
cial services investment tax credit; deny the change in definition
of manufacturer and retain the current definition.
* PART S: The Senate denies without prejudice the Executive proposals
to repeal the franchise tax on agriculture cooperatives.
.SO DOC S R4036 RESO TEXT 2013
* PART T: The Senate concurs with the Executive proposal to provide a
refundable credit for the excise tax on telecommunication services
paid by START-UP NY companies.
* PART U: The Senate concurs with the Executive proposal to enhance
the youth works tax credit.

* PART V: The Senate concurs with the Executive proposal to extend the
alternative fuels tax exemptions for two years.
* PART W: The Senate concurs with the Executive proposal to simplify
the distribution of motor vehicle fee receipts.
* PART X: The Senate modifies the Executive proposal to do comprehen-
sive estate tax reform to eliminate the add back of federally taxa-
ble gifts.
* PART Y: The Senate denies the Executive proposal to repeal the
boxing and wrestling exhibitions tax.
* PART Z: The Senate concurs with the Executive proposal to extend
Monticello raceway video lottery terminal rates for one year.
* PART AA: The Senate concurs with the Executive proposal to extend
certain tax rates and certain simulcasting provisions for one year.
* PART BB: The Senate modifies the Executive proposal to extend the
vendor capital award program for one year by including Monticello-
Concord preferential tax rate.
* PART CC: The Senate concurs with the Executive proposal to repeal
the stock transfer tax.
* PART DD: The Senate concurs with the Executive proposal to align
mobility and personal income tax filings for the self-employed.
* PART EE: The Senate concurs with the Executive proposal to make
technical amendments to the commercial gaming law.
* PART FF: The Senate modifies the Executive proposal to create a $1.4
billion Freeze Plus program that freezes property taxes for two
years by making the property tax relief permanent. Schools will be
eligible for this program in SFY 2014-15 while counties, cities,
towns and villages will be eligible in SFY 2015-16. This makes all
municipalities and schools eligible in their next fiscal year.
Schools will receive $400 million in the first year, growing to $800
million thereafter. Municipalities will receive $200 million in
their first year, and $400 million thereafter. In order for homeown-
ers in their jurisdiction to receive the property tax relief in year
two of the plan, school districts and local governments must contin-
ue to stay within the tax cap and must work towards continuing effi-
ciencies previously adopted with new efficiency plans that may
include consolidation and shared services. Municipalities and school
districts will develop and implement structural budgetary efficiency
plans for sharing or consolidating services that, when implemented,
will achieve real savings for taxpayers. Local Governments with 50
employees or less will also be authorized to join municipal cooper-
ative health benefit plans as a tool to achieve savings.
* PART GG: The Senate modifies the Executive proposal concerning the
extension of various credits and tax abatement programs provided by
the City of New York.
* PART HH: The Senate advances language to enact a two percent spend-
ing cap with the resulting surplus revenues deposited into a tax
freedom fund to be used for tax reductions.
* PART II: The Senate advances language to provide an optional simple
personal income tax calculation.
* PART JJ: The Senate advances language to permanently index the
income brackets and standard deductions to inflation.
* PART KK: The Senate advances language to adopt an Angel Investment
Tax Credit to increase access to investments for small business.
* PART LL: Intentionally Omitted.
* PART MM: The Senate advances language to extend the E911 surcharge
to prepaid phones.
* PART NN: The Senate advances language to amend the rules concerning
the prepayment of sales tax on motor fuels.

* PART OO: The Senate advances language to exempt municipalities from
the Metropolitan Commuter Transportation mobility Tax.
* PART PP: The Senate advances language to increase the Historic Pres-
ervation Tax Credit Cap.
* PART QQ: The Senate advances language to cap appeal bonds of a judg-
ment at $250 million for Master Settlement Agreement (MSA) signato-
ries and affiliates in order to protect MSA payments being made to
the State.
* PART RR: The Senate advances language to eliminate the sales tax on
transportation (Limousines & Black Cars).
* PART SS: The Senate advances language to increase sales tax
exemption for food from vending machines from seventy-five cents to
one dollar and fifty cents.
* PART TT: The Senate advances language to create a Musical & Theatri-
cal Production Tax Credit.
* PART UU: The Senate advances language to create a 30 percent credit
for the rehabilitation of distressed commercial properties.
* PART VV: The Senate advances language to allow mixed martial arts in
the state of New York.
* PART WW: The Senate advances language to create a 20% asbestos reme-
diation credit.
* PART XX: The Senate advances language to exempt the sale of private
aircraft from sales tax. In addition, the Senate supports advance-
ment of a proposal to maintain the vitality of New York's recre-
ational boating industry by adjusting the sales taxes imposed on an
individual or company looking to purchase and register a vessel in
New York.
* PART YY: The Senate advances language to increase the credit for
ethanol production from 15 cents to 25 cents if it is cellulosic
ethanol that is produced.
* PART ZZ: The Senate advances language to create a 25 percent natural
resources improvement credit for farmlands and forestlands.
* PART AAA: The Senate advances language to provide a personal income
tax deduction for deposits to a farm reserve account.
.SO DOC S R4036 RESO TEXT 2013
* PART BBB: The Senate advances language to eliminate Dark
Day/Maintenance of Effort payments for OTBs; lessen the mileage of
consent for OTBs; transfer overcapitalized capital acquisition fund
money to the counties; let OTBs retain uncashed tickets; and make a
technical correction that specifies a multijurisdictional account
wagering provider, that has entered into a joint venture agreement
with a New York based track or OTB, is still required to pay the
same commission as multi-jurisdictional account wagering provider.
* PART CCC: The Senate advances language to allow VLT Facilities the
ability to operate up to 6 a.m., but no more than twenty hours per
day; to increase the free play percentage from 10 to 15 percent; and
increase the amount of Video Lottery Terminals allowed at Nassau and
Suffolk OTB from 1,000 to 2,000 VLTs.
* PART DDD: The Senate advances language to increase the marketing
allowance from 10 percent to 12.5 percent for Video Lottery Gaming
Facility located within a zone of Native American exclusivity.
* PART EEE: The Senate advances language to increase the commission
paid to Video Lottery Gaming Facility operators that are located
within a zone of Native American exclusivity.
* PART FFF: The Senate advances language to direct a portion of Fran-
chise Corporation racing support payments derived from VLTs to Jock-
ey Health Insurance & Pension, and to the Fan Advisory Board.
* PART GGG: The Senate advances language to amend the racing, pari-mu-
tuel wagering and breeding law to require a franchise corporation to

share a portion of its revenues with a regional off track betting
corporation.
* PART HHH: The Senate advances language to allow VLTs at Interna-
tional Airport Departure Terminals located within a city of one
million or more.
* PART III: The Senate advances language to make the low income tax
credit refundable.
* PART JJJ: The Senate advances language to authorize a tax credit for
contributions made to education entities.
* PART KKK: The Senate advances language to authorize credits for
employers that hire the developmentally disabled.
* PART LLL: The Senate advances language to authorize the Division of
Lottery to sell advertising on the game of Quick Draw and on lottery
tickets.
* PART MMM: The Senate advances language to fix an ambiguity in the
empire zones credit provisions.
* PART NNN: The Senate advances language to authorize a tax credit for
the installation of green roofs.
* PART OOO: The Senate advances language to allow recent college grad-
uates to place up to $5,000 of their personal income tax liability
into an account to be used later for the down payment on a house.
* PART PPP: The Senate advances language to authorize a personal
income tax check-off for the mental illness anti-stigma fund.
* PART QQQ: The Senate advances language to include reporting require-
ments on disbursements made from the Alzheimer's and prostate cancer
check-off funds.
* PART RRR: The Senate advances language to create a tax credit for
businesses which provide qualified transportation fringe benefits to
their employees.
* PART SSS: The Senate advances language to change the reimbursement
to libraries for MTA payroll mobility taxes paid to an exemption.
* PART TTT: The Senate advances language to establish a tax credit for
the sale of farmland to young farmers.
* PART UUU: The Senate advances language to double the tuition tax
credit and create a new Stay in New York tax credit of up to $3,000
for recent college graduates.
* PART VVV: The Senate advances language to exempt school buses,
including parts, equipment, lubricants and fuel purchased and used
in their operation from sales tax.
* PART WWW: The Senate advances language to create a Digital Game
Summit and competition and to authorize a digital game development
tax credit.
* PART XXX: The Senate advances language to provide additional tax
credits to businesses located in New York State business incubators.
* PART YYY: The Senate advances language to provide a credit for the
construction of middle income housing.
* The Senate supports authorizing the reopening of New York City Off
Track Betting Corporation in order to capture lost handle.
* The Senate advances language to clarify the tax treatment of length
of service awards for volunteer firefighters and ambulance workers
over the age of fifty-nine and one half years.

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