Senate Bill S5249

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5249
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend chapter 54 of the laws of  2020,  enacting  the  capital
   projects budget, in relation to making technical corrections thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 54 of the laws of 2020,  enacting  the
 capital  projects  budget, is amended by repealing the items hereinbelow
 set forth in brackets and by adding to  such  section  the  other  items
 underscored in this section:
 
            MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
 
                  STATE AND MUNICIPAL FACILITIES PROGRAM
 
               CAPITAL PROJECTS - REAPPROPRIATIONS   2020-21
 
 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP)
 
   Capital Projects Funds - Other
   Capital Projects Fund - 30000
   State and Municipal Facilities Purpose
 
 The appropriation made by chapter 54, section 1, of the laws of 2019, as
     added  by  chapter  314,  section  1, of the laws of 2019, is hereby
     amended and reappropriated to read:
   For payment of the capital costs of construction,  improvement,  reha-
     bilitation  or  reconstruction of facilities owned by eligible enti-
     ties; the acquisition of capital facilities and assets  by  eligible
     entities,  including fixed capital assets; the acquisition by eligi-
     ble entities of equipment and other capital assets, including  vehi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09468-01-1

 S. 5249                             2
 
     cles,  in  support of health, safety, technology, or innovation; the
     acquisition by an eligible entity of capital 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 vehicles, 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 municipal 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 corporations as defined in section 2 of the general munic-
     ipal law. Eligible entities shall consist of  the  state;  municipal
     corporations  as  defined in section 2 of the general municipal law;
     sanitation districts; special districts as defined in subdivision 16
     of section 102 of  the  real  property  tax  law;  water  and  sewer
     districts;  the  Metropolitan  Transportation Authority or any other
     public benefit corporation established pursuant to titles 11,  11-A,
     11-B,  11-C, or 11-D of the public authorities law; a public benefit
     corporation as defined in section 2 of chapter 1016 of the  laws  of
     1969; a college or university established pursuant to section 352 of
     the education law, section 6203 of the education law or section 6302
     of  the  education law; an independent not-for-profit institution of
     higher education as defined in subdivision 2 of section 6401 of  the
     education  law; public school districts; public housing authorities;
     entities providing affordable housing, public libraries and  library
     systems  chartered by the regents of the state of New York or estab-
     lished 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  municipal  law;  and  not-for-profit  fire
     districts,  fire  commissions,  fire  companies,  fire  departments,
     volunteer rescue  and  ambulance  squads;  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  chap-
     ter  853  of the laws of 1976; AND PRIVATE NON-PROFIT HOSPITALS; AND
     PRIVATE MITCHELL-LAMA NON-PROFIT HOUSING, INCLUDING COOPERATIVES.
   Costs may include, but shall not be limited to  engineering  services,
     construction, project management, right-of-way acquisition, and work
     appurtenant  and ancillary thereto. Notwithstanding any inconsistent
     provision of this appropriation or any other provision of law, funds
     from this appropriation may be made available for Lake Ontario resi-
     liency and economic development  projects  and  purposes,  including
     services  and expenses, loans, grants, and costs of program adminis-
     tration related to hardening infrastructure along the  Lake  Ontario
     waterfront  and  strengthening  local  economies  within the region,
     including but not limited to projects or priorities  recommended  by
     the  Lake  Ontario  Resiliency  and  Economic Development Initiative
     Commission. 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 limit-
     ed to the apportionment of aid under  the  education  law.  Notwith-
     standing  any  provision  of law to the contrary, funds appropriated
     herein may, subject to the approval of the director of  the  budget,

 S. 5249                             3
 
     be (i) interchanged, (ii) transferred from this appropriation to any
     other  appropriation of any state department, agency or public bene-
     fit corporation, or (iii) suballocated to any  other  state  depart-
     ment,  agency or public benefit corporation, to achieve this purpose
     (SM0119SM) (80001) .................................................
     385,000,000 ..................................... (re. $385,000,000)
 
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2019.