Senate Bill S258

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    258
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT relating to making veterans organizations  eligible  for  funding
   under the state and municipal facilities program; and to amend chapter
   54  of  the  laws  of  2017,  enacting the Capital Projects budget, in
   relation to including veterans organizations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. For the state fiscal year 2017-18 and thereafter, veterans
 organizations shall be eligible for any monies appropriated to the state
 and municipal facilities program for the payment of capital costs.
   § 2. That part, entitled "MISCELLANEOUS -- ALL STATE  DEPARTMENTS  AND
 AGENCIES",  of section 1 of chapter 54 of the laws of 2017, enacting the
 "Capital Projects Budget", as amended by section 1 of part K of  chapter
 61 of the laws of 2017, is amended by adding thereto the items hereinbe-
 low  set  forth in italic and is amended by deleting therefrom the items
 hereinbelow set forth in brackets as follows:
                  STATE AND MUNICIPAL FACILITIES PROGRAM
 
                        CAPITAL PROJECTS   2017-18
 
                                         APPROPRIATIONS  REAPPROPRIATIONS
 
   Capital Projects Funds - Other .....     398,500,000     1,253,250,000
                                       ----------------  ----------------
     All Funds ........................     398,500,000     1,253,250,000
                                       ================  ================
 
 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) ............... 398,500,000
                                                           --------------
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05720-01-9

 S. 258                              2
 
   Capital Projects Funds - Other
   Capital Projects Fund
   State and Municipal Facilities Purpose
 
 For   payment   of   the  capital  costs  of
   construction, improvement,  rehabilitation
   or  reconstruction  of facilities owned by
   eligible  entities;  the  acquisition   of
   capital  facilities and assets by eligible
   entities, including fixed capital  assets;
   the  acquisition  by  eligible entities of
   equipment  and   other   capital   assets,
   including  vehicles, in support of health,
   safety,  technology,  or  innovation;  the
   acquisition by an eligible entity of capi-
   tal  assets with a useful life of not less
   than ten  years  purchased  for  the  sole
   purpose   of   preserving  and  protecting
   infrastructure that is  owned,  controlled
   or  appurtenant  to  an  eligible  entity,
   including but not limited  to  heavy  duty
   road  maintenance  and  construction vehi-
   cles, pavers, snow plows, street  sweepers
   and  heavy  duty  fire, emergency response
   and  law  enforcement  vehicles;  economic
   development   projects  sponsored  by  the
   state  or   municipal   corporations,   as
   defined in section 2 of the general munic-
   ipal  law, that will create or retain jobs
   in New York  state  as  certified  by  the
   commissioner of the department of economic
   development;   or  environmental  projects
   sponsored by the state or municipal corpo-
   rations as defined in  section  2  of  the
   general  municipal law.  Eligible entities
   shall  consist  of  the  state;  municipal
   corporations  as  defined  in section 2 of
   the general municipal law; water and sewer
   districts; the Metropolitan Transportation
   Authority; a college or university  estab-
   lished  pursuant  to  section  352  of the
   education law, section 6203 of the  educa-
   tion  law or section 6302 of the education
   law; an independent not-for-profit  insti-
   tution  of  higher education as defined in
   subdivision  2  of  section  6401  of  the
   education  law;  public  school districts;
   public   housing    authorities;    public
   libraries and library systems chartered by
   the  regents  of  the state of New York or
   established by an act of the  legislature;
   public   park  conservancies  or  not  for
   profit  corporations  organized  for   the
   purpose of investing in parks owned by the
   state   or   municipal   corporations,  as
   defined in section 2 of the general munic-

 S. 258                              3
 
   ipal law; not for profit  fire  districts,
   fire  commissions,  fire  companies,  fire
   departments, volunteer  rescue  and  ambu-
   lance  squads; VETERANS ORGANIZATIONS; and
   special act school districts, schools  for
   the blind and deaf and other students with
   disabilities  subject to article 85 of the
   education law,  and  private  schools  for
   students   with   disabilities  authorized
   pursuant to chapter 853  of  the  laws  of
   1976.
 Costs  may include, but shall not be limited
   to  engineering  services,   construction,
   project  management, right-of-way acquisi-
   tion, and work appurtenant  and  ancillary
   thereto.  No funds from this appropriation
   may be used as  a  required  match  or  be
   considered  a  local  share to other state
   programs  or  to  leverage  state  aid  or
   grants  including  but  not limited to the
   apportionment of aid under  the  education
   law.  Notwithstanding any provision of law
   to the contrary, funds appropriated herein
   may, subject to the approval of the direc-
   tor  of  the  budget, be (i) interchanged,
   (ii) transferred from  this  appropriation
   to  any  other  appropriation of any state
   department,  agency  or   public   benefit
   corporation,  or (iii) suballocated to any
   other state department, agency  or  public
   benefit   corporation,   to  achieve  this
   purpose.
 Notwithstanding the foregoing,  any  limita-
   tions   contained  therein  or  any  other
   inconsistent provision of law, funds  from
   this  appropriation  shall  also be avail-
   able, including for payment of liabilities
   incurred or payments made prior  to  April
   1,  2017, (i) for any purpose, individual,
   or entity authorized under the Lake Ontar-
   io-St. Lawrence Seaway  flood  relief  and
   recovery  grant program established pursu-
   ant to a chapter  of  the  laws  of  2017,
   subject to the approval of the director of
   the  budget,  and  (ii) for payment of the
   costs of other storm  recovery  and  miti-
   gation  projects, not to exceed 10,000,000
   dollars in the aggregate to municipalities
   and special districts in (a) the  counties
   of  Chautauqua,  Cattaraugus  and Allegany
   for damages sustained as  a  result  of  a
   severe  storm  and flooding which occurred
   July 14 and 15, 2015,  in  an  amount  not
   less  than  6,800,000  dollars  or (b) the
   county of  Monroe  for  damages  resulting

 S. 258                              4
 
   from a severe storm which occurred March 8
   and  9,  2017,  in an amount not to exceed
   2,000,000  dollars subject to the approval
   of the director of the budget (SM0117SM) ... 398,500,000
                                             --------------
   § 3. This act shall take effect immediately; and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.