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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| May 03, 2023 |
signed chap.55 |
| May 02, 2023 |
delivered to governor |
| May 01, 2023 |
returned to assembly passed senate 3rd reading cal.716 substituted for s4005c |
| May 01, 2023 |
substituted by a3005c message of necessity - 3 day message ordered to third reading cal.716 |
| Apr 30, 2023 |
print number 4005c |
| Apr 30, 2023 |
amend (t) and recommit to finance |
| Mar 14, 2023 |
print number 4005b |
| Mar 14, 2023 |
amend (t) and recommit to finance |
| Mar 06, 2023 |
print number 4005a |
| Mar 06, 2023 |
amend (t) and recommit to finance |
| Feb 01, 2023 |
referred to finance |
Senate Bill S4005B
Signed By Governor2023-2024 Legislative Session
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2023-2024 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status Via A3005 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 1, 2023
aye (42)- Addabbo Jr.
- Ashby
- Bailey
- Breslin
- Brisport
- Brouk
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gianaris
- Gonzalez
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martinez
- May
- Mayer
- Myrie
- Persaud
- Ramos
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Webb
nay (20)excused (1)
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May 1, 2023 - Finance Committee Vote
S4005B14Aye6Nay0Aye with Reservations2Absent0Excused0Abstained -
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Bill Amendments
2023-S4005 - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4005 - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2023-2024 state fiscal year; relates to the psychological testing of candidates; relates to expanding the geographic area of employment of certain police officers; relates to prisoner furloughs in certain cases and the crime of absconding therefrom
2023-S4005 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4005 A. 3005
S E N A T E - A S S E M B L Y
February 1, 2023
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend chapter 887 of the laws of 1983, amending the correction
law relating to the psychological testing of candidates, in relation
to the effectiveness thereof; to amend chapter 428 of the laws of
1999, amending the executive law and the criminal procedure law relat-
ing to expanding the geographic area of employment of certain police
officers, in relation to extending the expiration of such chapter; to
amend chapter 886 of the laws of 1972, amending the correction law and
the penal law relating to prisoner furloughs in certain cases and the
crime of absconding therefrom, in relation to the effectiveness there-
of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in
relation to the effectiveness thereof; to amend chapter 339 of the
laws of 1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation to the effec-
tiveness thereof; to amend chapter 60 of the laws of 1994 relating to
certain provisions which impact upon expenditure of certain appropri-
ations made by chapter 50 of the laws of 1994 enacting the state oper-
ations budget, in relation to the effectiveness thereof; to amend
chapter 55 of the laws of 1992, amending the tax law and other laws
relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 907 of the laws of 1984, amending the correction law,
the New York city criminal court act and the executive law relating to
prison and jail housing and alternatives to detention and incarcera-
tion programs, in relation to extending the expiration of certain
provisions of such chapter; to amend chapter 166 of the laws of 1991,
amending the tax law and other laws relating to taxes, in relation to
extending the expiration of certain provisions of such chapter; to
amend the vehicle and traffic law, in relation to extending the expi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-01-3
S. 4005 2 A. 3005
ration of the mandatory surcharge and victim assistance fee; to amend
chapter 713 of the laws of 1988, amending the vehicle and traffic law
relating to the ignition interlock device program, in relation to
extending the expiration thereof; to amend chapter 435 of the laws of
1997, amending the military law and other laws relating to various
provisions, in relation to extending the expiration date of the merit
provisions of the correction law and the penal law of such chapter; to
amend chapter 412 of the laws of 1999, amending the civil practice law
and rules and the court of claims act relating to prisoner litigation
reform, in relation to extending the expiration of the inmate filing
fee provisions of the civil practice law and rules and general filing
fee provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001 amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018, amending the criminal procedure law relating to the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); to amend the criminal procedure law,
in relation to setting bail (Part B); to amend the public health law,
in relation to authorizing body scanner utilization in the department
of corrections and community supervision and the office of children
and family services facilities (Part C); to amend the correction law,
in relation to lowering the minimum age for correction officers (Part
D); to amend the executive law, in relation to the reporting of
certain criminal offenses to a central repository (Part E); to amend
the penal law, in relation to certain crimes relating to the
possession of a firearm and the purchase and sale of body armor
(Subpart A); and to amend the penal law, in relation to the purchase
and sale of semiautomatic rifles (Subpart B) (Part F); to amend the
state finance law and executive law, in relation to establishing a
S. 4005 3 A. 3005
hazard mitigation revolving loan fund (Part G); to amend the volunteer
firefighters' benefit law, the general municipal law, the labor law,
and the civil service law, in relation to permitting the paying of a
nominal fee to volunteer firefighters (Part H); to amend the executive
law, in relation to a model domestic and gender-based violence policy;
and to repeal certain provisions of such law relating to a model
domestic violence policy for counties (Part I); to amend the military
law, in relation to the expansion of eligibility for World Trade
Center death and disability benefits for members of New York's organ-
ized militia (Part J); directing the state liquor authority to review
the alcoholic beverage control law and recommend legislative changes
(Part K); to amend the alcoholic beverage control law, in relation to
the issuance of temporary wholesale permits (Part L); to amend the
alcoholic beverage control law, in relation to changes of ownership of
a licensed business (Part M); to amend the alcoholic beverage control
law, in relation to notifying municipalities of the filing of certain
applications (Part N); to amend the alcoholic beverage control law, in
relation to the issuance of temporary retail permits, and to amend
chapter 396 of the laws of 2010 amending the alcoholic beverage
control law relating to liquidator's permits and temporary retail
permits, in relation to the effectiveness thereof (Part O); to amend
the county law and the judiciary law, in relation to entitled compen-
sation for client representation (Part P); to amend chapter 303 of the
laws of 1988, relating to the extension of the state commission on the
restoration of the capitol, in relation to extending such provisions
for an additional five years (Part Q); to amend the state finance law,
in relation to methods of procurement; and repealing certain
provisions of such law relating thereto (Part R); to amend the civil
service law, in relation to competitive workforce expansion and
retention (Part S); to amend the civil service law, in relation to
employment and transfer of certain persons with disabilities (Part T);
to amend the civil practice law and rules and the state finance law,
in relation to the rate of interest to be paid on judgment and accrued
claims (Part U); to amend part HH of chapter 56 of the laws of 2022
amending the retirement and social security law relating to waiving
approval and income limitations on retirees employed in school
districts and board of cooperative educational services, in relation
to the effectiveness thereof (Part V); to amend the retirement and
social security law, in relation to allowing participating employers
of the New York state and local retirement system to withdraw from the
contribution stabilization program (Part W); to amend the civil
service law, in relation to the ability to charge interest on past due
balances for the New York state health insurance program (Part X); to
amend the general municipal law, in relation to moving the special
accidental death benefit appropriation from the department of audit
and control to the general fund's miscellaneous all state department
and agencies (Part Y); to amend the executive law, in relation to the
first class of the commission on ethics and lobbying in government
(Part Z); to amend the tax law and part C of chapter 2 of the laws of
2005 amending the tax law relating to exemptions from sales and use
taxes, in relation to extending certain provisions thereof; to amend
the general city law and the administrative code of the city of New
York, in relation to extending certain provisions relating to special-
ly eligible premises and special rebates; to amend the administrative
code of the city of New York, in relation to extending certain
provisions relating to exemptions and deductions from base rent; to
S. 4005 4 A. 3005
amend the real property tax law, in relation to extending certain
provisions relating to eligibility periods and requirements; to amend
the real property tax law, in relation to extending certain
provisions relating to eligibility periods and requirements, benefit
periods and applications for abatements; and to amend the administra-
tive code of the city of New York, in relation to extending certain
provisions relating to a special reduction in determining the taxable
base rent (Part AA); to repeal subdivision 12 of section 239-bb of the
general municipal law relating to county-wide shared services panels
(Part BB); and to provide for the administration of certain funds and
accounts related to the 2023-2024 budget, authorizing certain payments
and transfers; to amend the state finance law, in relation to the
administration of certain funds and accounts; to amend part FFF of
chapter 56 of the laws of 2022 providing for the administration of
certain funds and accounts related to the 2022-2023 budget, in
relation to the effectiveness of certain provisions thereof; to amend
the military law, in relation to the deposit of funds for the use of
armories; to amend the state finance law, in relation to the rainy day
reserve fund; to amend part D of chapter 389 of the laws of 1997
relating to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of certain bonds or notes; to amend chapter 81 of the laws of
2002 relating to providing for the administration of certain funds and
accounts related to the 2002-2003 budget, in relation to the issuance
of certain bonds & notes; to amend part Y of chapter 61 of the laws of
2005, relating to providing for the administration of certain funds
and accounts related to the 2005-2006 budget, in relation to the issu-
ance of certain bonds or notes; to amend the public authorities law,
in relation to the issuance of certain bonds or notes; to amend the
New York state medical care facilities finance agency act, in relation
to the issuance of certain bonds or notes; to amend the New York state
urban development corporation act, in relation to the issuance of
certain bonds or notes; to amend chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the estab-
lishment of the dedicated highway and bridge trust fund, in relation
to the issuance of certain bonds or notes; to amend the public author-
ities law, in relation to the issuance of certain bonds or notes; to
amend the private housing finance law, in relation to housing program
bonds and notes; to amend part D of chapter 63 of the laws of
2005, relating to the composition and responsibilities of the New
York state higher education capital matching grant board, in relation
to increasing the amount of authorized matching capital grants; to
amend the New York state urban development corporation act, in
relation to the nonprofit infrastructure capital investment program;
to amend the New York state urban development corporation act, in
relation to personal income tax notes for 2024, in relation to author-
izing the dormitory authority of the state of New York and the urban
development corporation to enter into line of credit facilities for
2024, and in relation to state-supported debt issued during the 2024
fiscal year; to amend the state finance law, in relation to payments
of bonds; to amend the state finance law, in relation to the mental
health services fund; to amend the state finance law, in relation to
the issuance of revenue bonds; to amend the New York state urban
development corporation act, in relation to permitting the dormitory
authority, the New York state urban development corporation, and the
thruway authority to issue bonds for the purpose of refunding obli-
S. 4005 5 A. 3005
gations of the power authority of the state of New York to fund energy
efficiency projects at state agencies; to amend the public authorities
law, in relation to financing of metropolitan transportation authority
(MTA) transportation facilities; and providing for the repeal of
certain provisions upon expiration thereof (Part CC)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state public protection and general govern-
ment budget for the 2023-2024 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through CC. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2023] 2025.
§ 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2023] 2025, when it
shall expire and be deemed repealed.
§ 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025.
§ 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2023] 2025 and shall not apply to persons
committed to the custody of the department after such date, and provided
S. 4005 6 A. 3005
further that the commissioner of corrections and community supervision
shall report each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the standards in effect for earned eligibility during the prior
six-month period, the number of inmates subject to the provisions of
earned eligibility, the number who actually received certificates of
earned eligibility during that period of time, the number of inmates
with certificates who are granted parole upon their first consideration
for parole, the number with certificates who are denied parole upon
their first consideration, and the number of individuals granted and
denied parole who did not have earned eligibility certificates.
§ 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2023] 2025 and be applicable
to all persons entering the program on or before August 31, [2023] 2025.
§ 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
§ 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994, enacting the
state operations budget, as amended by section 7 of part A of chapter 55
of the laws of 2021, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2023] 2025; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
§ 8. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2023] 2025;
§ 9. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
S. 4005 7 A. 3005
§ 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2023] 2025 on which date those
provisions shall be deemed to be repealed.
§ 10. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2023] 2025, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2023] 2025 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
S. 4005 8 A. 3005
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty-three] TWENTY-
FIVE.
§ 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2023] 2025 when upon such date the provisions of this act shall be
deemed repealed.
§ 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2023] 2025;
§ 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2023]
2025, when upon such date it shall expire.
§ 15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2023]
2025.
§ 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
S. 4005 9 A. 3005
section 18 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2023] 2025, when upon such
date the provisions of this act shall be deemed repealed.
§ 17. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part A of chapter 55 of the laws of 2021, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2023] 2025;
§ 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
inal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2023] 2025 when upon such date the provisions of this act
shall be deemed repealed.
§ 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2023] 2025, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
§ 20. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
S. 4005 10 A. 3005
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part A of chapter
55 of the laws of 2021, is amended to read as follows:
§ 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2023] 2025.
§ 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 3. This act shall take effect immediately; provided however that the
amendments made to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2023] 2025.
§ 22. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2023] 2025, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
§ 23. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 25 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2023] 2025, when it shall expire and
be deemed repealed.
§ 24. This act shall take effect immediately.
PART B
Section 1. The opening paragraph of subdivision 1 of section 510.10 of
the criminal procedure law, as amended by section 1 of subpart C of part
UU of chapter 56 of the laws of 2022, is amended and a new subdivision
1-a is added to read as follows:
When a principal, OTHER THAN A PRINCIPAL CHARGED WITH A QUALIFYING
OFFENSE FOR WHICH MONETARY BAIL IS AUTHORIZED UNDER THIS ARTICLE OR A
PRINCIPAL FOR WHOM THE COURT IS OTHERWISE AUTHORIZED TO FIX BAIL OR
COMMIT TO THE CUSTODY OF THE SHERIFF, whose future court attendance at a
criminal action or proceeding is or may be required, comes under the
control of a court, such court shall, in accordance with this title, by
a securing order release the principal on the principal's own recogni-
zance, OR release the principal under non-monetary conditions[, or,
where authorized, fix bail or commit the principal to the custody of the
sheriff]. In all such cases, except where another type of securing order
is shown to be required by law, the court shall release the principal
S. 4005 11 A. 3005
pending trial on the principal's own recognizance, unless it is demon-
strated and the court makes an individualized determination that the
principal poses a risk of flight to avoid prosecution. If such a finding
is made, the court must select the least restrictive alternative and
condition or conditions that will reasonably assure the principal's
return to court. The court shall explain its choice of release[,] OR
release with conditions[, bail or remand] on the record or in writing.
In making its determination, the court must consider and take into
account available information about the principal, including:
1-A. WHEN A PRINCIPAL, CHARGED WITH A QUALIFYING OFFENSE FOR WHICH
MONETARY BAIL IS AUTHORIZED UNDER THIS ARTICLE OR A PRINCIPAL FOR WHOM
THE COURT IS OTHERWISE AUTHORIZED TO FIX BAIL OR COMMIT TO THE CUSTODY
OF THE SHERIFF, WHOSE FUTURE COURT ATTENDANCE AT A CRIMINAL ACTION OR
PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A COURT,
SUCH COURT SHALL, IN ACCORDANCE WITH THIS TITLE, BY A SECURING ORDER
RELEASE THE PRINCIPAL ON THE PRINCIPAL'S OWN RECOGNIZANCE, RELEASE THE
PRINCIPAL UNDER NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCI-
PAL TO THE CUSTODY OF THE SHERIFF. THE COURT SHALL EXPLAIN ITS CHOICE OF
RELEASE, RELEASE WITH CONDITIONS, BAIL OR REMAND ON THE RECORD OR IN
WRITING. IN MAKING ITS DETERMINATION, THE COURT MUST CONSIDER AND TAKE
INTO ACCOUNT AVAILABLE INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
(A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
(C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
(D) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
ACT, OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
CRIMINAL PROSECUTION;
(F) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO POST
BAIL WITHOUT POSING UNDUE HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
(G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY COURT;
(H) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM;
(I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
(J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
A SECURING ORDER PENDING APPEAL, THE MERIT OR LACK OF MERIT OF THE
APPEAL.
§ 2. The opening paragraph of subdivision 1 of section 510.30 of the
criminal procedure law, as amended by section 2 of subpart C of part UU
of chapter 56 of the laws of 2022, is amended and a new subparagraph 1-a
is added to read as follows:
With respect to any principal, OTHER THAN A PRINCIPAL CHARGED WITH A
QUALIFYING OFFENSE FOR WHICH MONETARY BAIL IS AUTHORIZED UNDER THIS
ARTICLE OR A PRINCIPAL FOR WHOM THE COURT IS OTHERWISE AUTHORIZED TO FIX
BAIL OR COMMIT TO THE CUSTODY OF THE SHERIFF, the court in all cases,
unless otherwise provided by law, must impose the least restrictive kind
and degree of control or restriction that is necessary to secure the
principal's return to court when required. In determining that matter,
the court must, on the basis of available information, consider and take
S. 4005 12 A. 3005
into account information about the principal that is relevant to the
principal's return to court, including:
1-A. WHEN A PRINCIPAL, CHARGED WITH A QUALIFYING OFFENSE FOR WHICH
MONETARY BAIL IS AUTHORIZED UNDER THIS ARTICLE OR A PRINCIPAL FOR WHOM
THE COURT IS OTHERWISE AUTHORIZED TO FIX BAIL OR COMMIT TO THE CUSTODY
OF THE SHERIFF, WHOSE FUTURE COURT ATTENDANCE AT A CRIMINAL ACTION OR
PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A COURT,
SUCH COURT SHALL, IN ACCORDANCE WITH THIS TITLE, BY A SECURING ORDER
RELEASE THE PRINCIPAL ON THE PRINCIPAL'S OWN RECOGNIZANCE, RELEASE THE
PRINCIPAL UNDER NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCI-
PAL TO THE CUSTODY OF THE SHERIFF. THE COURT SHALL EXPLAIN ITS CHOICE OF
RELEASE, RELEASE WITH CONDITIONS, BAIL OR REMAND ON THE RECORD OR IN
WRITING. IN MAKING ITS DETERMINATION, THE COURT MUST CONSIDER AND TAKE
INTO ACCOUNT AVAILABLE INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
(A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
(C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
(D) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
ACT, OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
CRIMINAL PROSECUTION;
(F) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO POST
BAIL WITHOUT POSING UNDUE HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
(G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY COURT;
(H) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM;
(I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
(J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
A SECURING ORDER PENDING APPEAL, THE MERIT OR LACK OF MERIT OF THE
APPEAL.
§ 3. The opening paragraph of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, as amended by section 3 of
part UU of chapter 56 of the laws of 2020, is amended to read as
follows:
Where the principal stands charged with a qualifying offense FOR WHICH
MONETARY BAIL IS AUTHORIZED OR WHERE THE COURT IS OTHERWISE AUTHORIZED
TO FIX BAIL, the court, unless otherwise prohibited by law, may in its
discretion release the principal pending trial on the principal's own
recognizance or under non-monetary conditions, fix bail, or, where the
defendant is charged with a qualifying offense which is a felony, the
court may commit the principal to the custody of the sheriff. The court
shall explain its choice of release, release with conditions, bail or
remand on the record or in writing. A principal stands charged with a
qualifying offense when he or she stands charged with:
§ 4. The opening paragraph of subdivision 4 of section 530.40 of the
criminal procedure law, as amended by section 4 of part UU of chapter 56
of the laws of 2020, is amended to read as follows:
Where the principal stands charged with a qualifying offense FOR WHICH
MONETARY BAIL IS AUTHORIZED OR WHERE THE COURT IS OTHERWISE AUTHORIZED
TO FIX BAIL, the court, unless otherwise prohibited by law, may in its
S. 4005 13 A. 3005
discretion release the principal pending trial on the principal's own
recognizance or under non-monetary conditions, fix bail, or, where the
defendant is charged with a qualifying offense which is a felony, the
court may commit the principal to the custody of the sheriff. The court
shall explain its choice of release, release with conditions, bail or
remand on the record or in writing. A principal stands charged with a
qualifying offense for the purposes of this subdivision when he or she
stands charged with:
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.
PART C
Section 1. Subparagraphs (i) and (ii) of paragraph (a), paragraph (b),
subparagraphs (i), (ii), (iii) and (v) of paragraph (c), paragraph (e)
and the opening paragraph and subparagraphs (i) and (ii) of paragraph
(f) of subdivision 6 of section 3502 of the public health law, subpara-
graph (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii) and
(v) of paragraph (c), paragraph (e) and the opening paragraph of para-
graph (f) as added by chapter 313 of the laws of 2018, subparagraph (i)
of paragraph (a), subparagraph (ii) of paragraph (c), and subparagraphs
(i) and (ii) of paragraph (f) as amended by chapter 486 of the laws of
2022, are amended to read as follows:
(i) Notwithstanding the provisions of this section or any other
provision of law, rule or regulation to the contrary, licensed practi-
tioners, persons licensed under this article and unlicensed personnel
employed at a STATE OR local correctional facility, SECURE OR SPECIAL-
IZED SECURE DETENTION FACILITY, OR FACILITY FOR YOUTH PLACED WITH OR
COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES may, in a manner
permitted by the regulations promulgated pursuant to this subdivision,
utilize body imaging scanning equipment that applies ionizing radiation
to humans for purposes of screening [incarcerated] individuals DETAINED
IN OR committed to such facility AND VISITORS VISITING SUCH FACILITY, in
connection with the implementation of such facility's security program.
(ii) The utilization of such body imaging scanning equipment shall be
in accordance with regulations promulgated by the department, or FOR
LOCAL CORRECTIONAL FACILITIES in cities having a population of two
million or more, such utilization shall be in accordance with regu-
lations promulgated by the New York city department of health and mental
hygiene. THE STATE COMMISSION OF CORRECTION, IN CONSULTATION WITH THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES, SHALL PROMULGATE REGULATIONS ESTABLISHING
WHEN BODY IMAGING SCANNING EQUIPMENT WILL BE USED TO SCREEN VISITORS IN
STATE AND LOCAL CORRECTIONAL FACILITIES, SECURE OR SPECIALIZED SECURE
DETENTION FACILITIES, AND FACILITIES FOR YOUTH PLACED WITH OR COMMITTED
TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(b) Prior to establishing, maintaining or operating in a STATE OR
local correctional facility, SECURE OR SPECIALIZED SECURE DETENTION
FACILITY, OR FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES, any body imaging scanning equipment,
the chief administrative officer of the facility shall ensure that such
facility is in compliance with the regulations promulgated pursuant to
this subdivision and otherwise applicable requirements for the installa-
tion, registration, maintenance, operation and inspection of body imag-
ing scanning equipment.
S. 4005 14 A. 3005
(i) A requirement that prior to operating body imaging scanning equip-
ment, unlicensed personnel employed at STATE OR local correctional
facilities, SECURE OR SPECIALIZED SECURE DETENTION FACILITIES, OR FACIL-
ITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES shall have successfully completed a training course
approved by the department, or FOR LOCAL CORRECTIONAL FACILITIES in
cities of two million or more, approved by the New York city department
of health and mental hygiene, and that such personnel receive additional
training on an annual basis;
(ii) Limitations on exposure which shall be no more than fifty percent
of the annual exposure limits for non-radiation workers as specified by
applicable regulations, except that [incarcerated] individuals under the
age of eighteen shall not be subject to more than five percent of such
annual exposure limits, and pregnant women shall not be subject to such
scanning at any time. Procedures for identifying pregnant women shall be
set forth in the regulations;
(iii) Registration with the department of each body imaging scanning
machine purchased or installed at a STATE OR local correctional
facility, SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY
FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY
SERVICES;
(v) A requirement that records be kept regarding each use of body
imaging scanning equipment by the STATE OR local correctional facility,
SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY FOR YOUTH
PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(e) For the purposes of this subdivision[,]:
(I) "[local] LOCAL correctional facility" shall have the same meaning
as found in subdivision sixteen of section two of the correction law.
(II) "STATE CORRECTIONAL FACILITY" SHALL MEAN A "CORRECTIONAL FACILI-
TY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
(III) "SECURE DETENTION FACILITY" SHALL MEAN A SECURE DETENTION FACIL-
ITY CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SECTION FIVE HUNDRED THREE OF THE EXECUTIVE LAW.
(IV) "SPECIALIZED SECURE DETENTION FACILITY" SHALL MEAN A FACILITY FOR
ADOLESCENT OFFENDERS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES IN CONSULTATION WITH THE STATE COMMISSION ON CORRECTION PURSU-
ANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED THREE OF THE EXECUTIVE
LAW.
(V) "FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES" SHALL MEAN A FACILITY OPERATED PURSUANT TO
SECTION FIVE HUNDRED FOUR OF THE EXECUTIVE LAW.
Any local government agency that utilizes body imaging scanning equip-
ment in a STATE OR local correctional facility, SECURE DETENTION FACILI-
TY, OR SPECIALIZED SECURE DETENTION FACILITY under its jurisdiction
shall submit an annual report to the department, the speaker of the
assembly, and the temporary president of the senate. IF BODY IMAGING
SCANNING EQUIPMENT IS UTILIZED IN ONE OR MORE STATE CORRECTIONAL FACILI-
TIES OR FACILITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THEN THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION OR THE OFFICE OF CHILDREN AND FAMILY SERVICES, AS
APPLICABLE, SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER
OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. Such report
BY EITHER THE LOCAL GOVERNMENT AGENCY, THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
shall be submitted within eighteen months after the initial date of
registration of such equipment with the department, and annually there-
S. 4005 15 A. 3005
after, and shall contain the following information as to each such
facility:
(i) the number of times the equipment was used on [incarcerated] indi-
viduals DETAINED IN, COMMITTED TO OR VISITING THE FACILITY upon intake,
BEFORE VISITS, after visits, and upon the suspicion of contraband, as
well as any other event that triggers the use of such equipment;
(ii) the average, median, and highest number of times the equipment
was used on any [incarcerated] individual DETAINED IN, COMMITTED TO OR
VISITING THE FACILITY, with corresponding exposure levels;
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that the amendments to
subdivision 6 of section 3502 of the public health law made by section
one of this act shall not affect the repeal of such subdivision and
shall be deemed repealed therewith. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
PART D
Section 1. Subdivision 4 of section 7 of the correction law, as
amended by section 5 of subpart A of Part C of section 62 of the laws of
2011, is amended to read as follows:
4. The commissioner shall not appoint any person as a correction offi-
cer, UNLESS SUCH PERSON HAS ATTAINED HIS OR HER NINETEENTH BIRTHDAY, or
AS A parole officer, unless such person has attained his OR HER twenty-
first birthday.
§ 2. This act shall take effect immediately.
PART E
Section 1. The executive law is amended by adding a new section 236 to
read as follows:
§ 236. CRIMINAL OFFENSES INVOLVING THE DISCHARGE OF ANY FIREARM, SHOT-
GUN, OR RIFLE. THE DIVISION OF STATE POLICE SHALL MAINTAIN A STATEWIDE
REPOSITORY OF DATA RELATING TO CRIMINAL OFFENSES INVOLVING THE DISCHARGE
OF ANY FIREARM, SHOTGUN, OR RIFLE AND SHALL DEVELOP AND IMPLEMENT A
PROGRAM TO PROVIDE FOR THE COLLECTION OF SUCH DATA AND THE REPORTING
THEREOF BY LAW ENFORCEMENT AGENCIES. THE SUPERINTENDENT OF THE DIVISION
OF STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS PRESCRIBING
REPORTING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT AGENCIES,
INCLUDING THE FORM FOR REPORTING SUCH INFORMATION. DATA ACQUIRED BY LAW
ENFORCEMENT AGENCIES RELATING TO CRIMINAL OFFENSES INVOLVING THE
DISCHARGE OF ANY FIREARM, SHOTGUN, OR RIFLE SHALL BE SENT TO THE REPOSI-
TORY AS SOON AS PRACTICABLE, BUT IN NO CASE MORE THAN SEVENTY-TWO HOURS
AFTER THE AGENCY HAS DETERMINED THAT THE FIREARM, RIFLE, OR SHOTGUN
DISCHARGE OCCURRED IN CONNECTION WITH A CRIMINAL OFFENSE. IN ADDITION
TO ANY OTHER INFORMATION WHICH THE SUPERINTENDENT OF THE DIVISION OF
STATE POLICE MAY REQUIRE, THE REPORTING SHALL INCLUDE: (A) THE LOCATION
OF THE INCIDENT; (B) THE NATURE OF THE CRIMINAL OFFENSE AND THE CIRCUM-
STANCES OF THE FIREARM, RIFLE, OR SHOTGUN DISCHARGE; (C) THE NATURE AND
EXTENT OF ANY INJURIES SUFFERED AS A RESULT OF THE FIREARM, RIFLE, OR
SHOTGUN DISCHARGE; (D) THE FIREARM, RIFLE, OR SHOTGUN MANUFACTURER,
MODEL, SERIAL NUMBER, CALIBER, AND ANY AMMUNITION MICROSTAMPING IDENTI-
FIER; (E) WHETHER THE FIREARM, RIFLE, OR SHOTGUN HAS BEEN RECOVERED BY A
LAW ENFORCEMENT AGENCY; (F) WHETHER AN ARREST HAS BEEN MADE AND, IF SO,
S. 4005 16 A. 3005
THE CRIMES CHARGED; AND (G) ANY INFORMATION RELATED TO ANY AMMUNITION
CARTRIDGE CASES RECOVERED AT THE SCENE INCLUDING, BUT NOT LIMITED TO,
THE CALIBER AND MANUFACTURER.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART F
Section 1. This act enacts into law components of legislation relating
to firearms and body armor. Each component is wholly contained within a
Part identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section two
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. Section 265.01-e of the penal law, as added by chapter 371
of the laws of 2022, is amended to read as follows:
§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a
sensitive location.
1. A person is guilty of criminal possession of a firearm, rifle or
shotgun in a sensitive location when such person possesses a firearm,
rifle or shotgun in or upon a sensitive location, and such person knows
or reasonably should know such location is a sensitive location.
2. For the purposes of this section, a sensitive location shall mean:
(a) any place owned or under the control of federal, state or local
government, for the purpose of government administration, including
courts;
(b) any location providing health, behavioral health, or chemical
dependance care or services;
(c) any place of worship [or religious observation], EXCEPT FOR THOSE
PERSONS RESPONSIBLE FOR SECURITY AT SUCH PLACE OF WORSHIP;
(d) libraries, public playgrounds, public parks, and zoos;
(e) the location of any program licensed, regulated, certified, fund-
ed, or approved by the office of children and family services that
provides services to children, youth, or young adults, any legally
exempt childcare provider; a childcare program for which a permit to
operate such program has been issued by the department of health and
mental hygiene pursuant to the health code of the city of New York;
(f) nursery schools, preschools, and summer camps;
(g) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office for people with developmental disabili-
ties;
(h) the location of any program licensed, regulated, certified, oper-
ated, or funded by office of addiction services and supports;
(i) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of mental health;
(j) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of temporary and disability assistance;
(k) homeless shelters, runaway homeless youth shelters, family shel-
ters, shelters for adults, domestic violence shelters, and emergency
shelters, and residential programs for victims of domestic violence;
S. 4005 17 A. 3005
(l) residential settings licensed, certified, regulated, funded, or
operated by the department of health;
(m) in or upon any building or grounds, owned or leased, of any educa-
tional institutions, colleges and universities, licensed private career
schools, school districts, public schools, private schools licensed
under article one hundred one of the education law, charter schools,
non-public schools, board of cooperative educational services, special
act schools, preschool special education programs, private residential
or non-residential schools for the education of students with disabili-
ties, and any state-operated or state-supported schools;
(n) any place, conveyance, or vehicle used for public transportation
or public transit, subway cars, train cars, buses, ferries, railroad,
omnibus, marine or aviation transportation; or any facility used for or
in connection with service in the transportation of passengers,
airports, train stations, subway and rail stations, and bus terminals;
(o) any establishment [issued a] HOLDING AN ACTIVE license for
on-premise consumption pursuant to article four, four-A, five, or six of
the alcoholic beverage control law where alcohol is consumed and any
establishment licensed under article four of the cannabis law for
on-premise consumption;
(p) any place used for the performance, art entertainment, gaming, or
sporting events such as theaters, stadiums, racetracks, museums, amuse-
ment parks, performance venues, concerts, exhibits, conference centers,
banquet halls, and gaming facilities and video lottery terminal facili-
ties as licensed by the gaming commission;
(q) any location being used as a polling place;
(r) any public sidewalk or other public area restricted from general
public access for a limited time or special event that has been issued a
permit for such time or event by a governmental entity, or subject to
specific, heightened law enforcement protection, or has otherwise had
such access restricted by a governmental entity, provided such location
is identified as such by clear and conspicuous signage;
(s) any gathering of individuals to collectively express their consti-
tutional rights to protest or assemble;
(t) the area commonly known as Times Square, as such area is deter-
mined and identified by the city of New York; provided such area shall
be clearly and conspicuously identified with signage.
3. This section shall not apply to:
(a) [consistent with federal law, law enforcement who qualify to carry
under the federal law enforcement officers safety act,] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C 926B, OR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C.
926C;
(b) persons who are police officers as defined in subdivision thirty-
four of section 1.20 of the criminal procedure law;
(c) persons who are designated peace officers by section 2.10 of the
criminal procedure law;
(d) persons who were employed as police officers as defined in subdi-
vision thirty-four of section 1.20 of the criminal procedure law but are
retired;
(e) security guards as defined by and registered under article seven-A
of the general business law, who have been granted a special armed
registration card, while at the location of their employment and during
their work hours as such a security guard;
(f) active-duty military personnel;
S. 4005 18 A. 3005
(g) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties;
(h) a government employee under the express written consent of such
employee's supervising government entity for the purposes of natural
resource protection and management;
(i) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity, including hunter
education training] LICENSE, PERMIT OR LICENSE ISSUED BY THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, OR AS OTHERWISE AUTHORIZED PURSUANT TO
THE ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; [or]
(j) persons operating a program in a sensitive location out of their
residence, [as defined by this section,] which is licensed, certified,
authorized, or funded by the state or a municipality, so long as such
possession is in compliance with any rules or regulations applicable to
the operation of such program and use or storage of firearms;
(K) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT;
(L) PERSONS WHILE ENGAGED IN HISTORICAL REENACTMENTS OR MOTION PICTURE
OR THEATRICAL PRODUCTIONS;
(M) PERSONS, WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES,
RESPONSIBLE FOR STORAGE OR DISPLAY OF ANTIQUE FIREARMS, RIFLES OR SHOT-
GUNS AT MUSEUMS AND HISTORIC SITES;
(N) PERSONS WHILE PARTICIPATING IN MILITARY CEREMONIES, FUNERALS, AND
HONOR GUARDS; OR
(O) PERSONS WHILE LAWFULLY ENGAGING IN LEARNING, PRACTICING, TRAINING
FOR, COMPETING IN, OR TRAVELLING INTO OR WITHIN THE STATE TO LEARN,
PRACTICE, TRAIN FOR, OR COMPETE IN, THE SPORT OF BIATHLON.
4. FOR THE PURPOSES OF THIS SECTION, A "PUBLIC PARK" SHALL NOT INCLUDE
THOSE AREAS DESIGNATED AS AN "ADIRONDACK PARK" PURSUANT TO SUBDIVISION
ONE OF SECTION 9-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, OR DESIG-
NATED AS A "CATSKILL PARK" PURSUANT TO SUBDIVISION TWO OF SECTION 9-0101
OF THE ENVIRONMENTAL CONSERVATION LAW.
Criminal possession of a firearm, rifle or shotgun in a sensitive
location is a class E felony.
§ 2. Section 265.01-d of the penal law, as added by a chapter 371 of
the laws of 2022, is amended to read as follows:
§ 265.01-d Criminal possession of a weapon in a restricted location.
1. A person is guilty of criminal possession of a weapon in a
restricted location when such person possesses a firearm, rifle, or
shotgun and enters into or remains on or in private property where such
person knows or reasonably should know that the owner or lessee of such
property has not permitted such possession by clear and conspicuous
signage indicating that the carrying of firearms, rifles, or shotguns on
their property is permitted or [has] BY otherwise [given] GIVING express
consent.
2. This section shall not apply to:
(a) police officers as defined in section 1.20 of the criminal proce-
dure law;
(b) persons who are designated peace officers as defined in section
2.10 of the criminal procedure law;
S. 4005 19 A. 3005
(c) [persons who were employed as police officers as defined in
section 1.20 of the criminal procedure law, but are] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C. 926B, OR QUALIFIED retired LAW ENFORCEMENT OFFI-
CERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18
U.S.C. 926C;
(d) security guards as defined by and registered under article seven-A
of the general business law who has been granted a special armed regis-
tration card, while at the location of their employment and during their
work hours as such a security guard;
(e) active-duty military personnel;
(f) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties; [or]
(g) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity] LICENSE, PERMIT OR
LICENSE ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR AS
OTHERWISE AUTHORIZED PURSUANT TO SECTION 11-0707 AND 11-0709 OF THE
ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; OR
(H) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT.
Criminal possession of a weapon in a restricted location is a class E
felony.
§ 3. Subdivision 2 of section 265.45 of the penal law, as added by
chapter 371 of the laws of 2022, is amended to read as follows:
2. No person shall store or otherwise leave a rifle, shotgun, or
firearm out of [his or her] SUCH PERSON'S immediate possession or
control inside a vehicle without first removing the ammunition from and
securely locking such rifle, shotgun, or firearm in an appropriate safe
storage depository out of sight from outside of the vehicle; PROVIDED,
HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED
PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, QUALIFIED LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO
CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C. 926B, OR PERSONS IN THE
MILITARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN
ACTING IN THE COURSE OF SUCH PERSON'S OFFICIAL MILITARY DUTY OR EMPLOY-
MENT.
§ 4. Section 270.21 of the penal law, as amended by chapter 371 of the
laws of 2022, is amended to read as follows:
§ 270.21 Unlawful purchase of body armor IN THE SECOND DEGREE.
A person is guilty of the unlawful purchase of body armor IN THE
SECOND DEGREE when, not being engaged or employed in an eligible profes-
sion, they knowingly purchase or take possession of body armor, as such
term is defined in subdivision two of section 270.20 of this article.
This section shall not apply to individuals or entities engaged or
employed in eligible professions, which shall include police officers as
defined in section 1.20 of the criminal procedure law, peace officers as
defined in section 2.10 of the criminal procedure law, [persons in mili-
tary service in the state of New York or military or other service for
the United States,] and such other professions designated by the depart-
ment of state in accordance with section one hundred forty-four-a of the
S. 4005 20 A. 3005
executive law. AS IT RELATES TO KNOWINGLY TAKING POSSESSION OF BODY
ARMOR, THIS SECTION SHALL NOT APPLY TO PERSONS IN THE MILITARY SERVICE
FOR THE STATE OF NEW YORK OR MILITARY OR OTHER SERVICE FOR THE UNITED
STATES WHO ARE ISSUED BODY ARMOR AS A REQUIREMENT OF SUCH SERVICE.
"ELIGIBLE PROFESSIONS" SHALL NOT INCLUDE MEMBERS OF THE UNORGANIZED
MILITIA AS DEFINED PURSUANT TO SUBDIVISION TWO OF SECTION TWO OF THE
MILITARY LAW.
Unlawful purchase of body armor IN THE SECOND DEGREE is a class A
misdemeanor [for a first offense and a class E felony for any subsequent
offense].
§ 5. The penal law is amended by adding a new section 270.21-a to read
as follows:
§ 270.21-A UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST DEGREE.
A PERSON IS GUILTY OF THE UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST
DEGREE WHEN:
1. NOT BEING ENGAGED OR EMPLOYED IN AN ELIGIBLE PROFESSION, THEY KNOW-
INGLY PURCHASE OR TAKE POSSESSION OF BODY ARMOR, AS SUCH TERM IS DEFINED
IN SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE. THIS SECTION SHALL
NOT APPLY TO INDIVIDUALS OR ENTITIES ENGAGED OR EMPLOYED IN ELIGIBLE
PROFESSIONS, WHICH SHALL INCLUDE POLICE OFFICERS AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED IN SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW, AND SUCH OTHER PROFESSIONS DESIG-
NATED BY THE DEPARTMENT OF STATE IN ACCORDANCE WITH SECTION ONE HUNDRED
FORTY-FOUR-A OF THE EXECUTIVE LAW. AS IT RELATES TO KNOWINGLY TAKING
POSSESSION OF BODY ARMOR, THIS SECTION SHALL NOT APPLY TO PERSONS IN THE
MILITARY SERVICE FOR THE STATE OF NEW YORK OR MILITARY OR OTHER SERVICE
FOR THE UNITED STATES WHO ARE ISSUED BODY ARMOR AS A REQUIREMENT OF SUCH
SERVICE. "ELIGIBLE PROFESSIONS" SHALL NOT INCLUDE MEMBERS OF THE UNOR-
GANIZED MILITIA AS DEFINED PURSUANT TO SUBDIVISION TWO OF SECTION TWO OF
THE MILITARY LAW; AND
2. HAS BEEN CONVICTED OF THE CRIME OF UNLAWFUL PURCHASE OF BODY ARMOR
IN THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST DEGREE IS A CLASS E FELO-
NY.
§ 6. Section 270.22 of the penal law, as amended by a chapter 371 of
the laws of 2022, is amended to read as follows:
§ 270.22 Unlawful sale of body armor IN THE SECOND DEGREE.
A person is guilty of the unlawful sale of body armor IN THE SECOND
DEGREE when they sell, exchange, give or dispose of body armor, as such
term is defined in subdivision two of section 270.20 of this article, to
an individual whom they know or reasonably should have known is not
engaged or employed in an eligible profession, as such term is defined
in section 270.21 of this article.
Unlawful sale of body armor IN THE SECOND DEGREE is a class A misde-
meanor [for the first offense and a class E felony for any subsequent
offense].
§ 7. The penal law is amended by adding a new section 270.22-a to read
as follows:
§ 270.22-A UNLAWFUL SALE OF BODY ARMOR IN THE FIRST DEGREE.
A PERSON IS GUILTY OF THE UNLAWFUL SALE OF BODY ARMOR IN THE FIRST
DEGREE WHEN:
1. THEY SELL, EXCHANGE, GIVE OR DISPOSE OF BODY ARMOR, AS SUCH TERM IS
DEFINED IN SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE, TO AN
INDIVIDUAL WHOM THEY KNOW OR REASONABLY SHOULD HAVE KNOWN IS NOT ENGAGED
OR EMPLOYED IN AN ELIGIBLE PROFESSION, AS SUCH TERM IS DEFINED IN
SECTION 270.21 OF THIS ARTICLE; AND
S. 4005 21 A. 3005
2. THEY HAVE BEEN CONVICTED OF THE CRIME OF UNLAWFUL SALE OF BODY
ARMOR IN THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
UNLAWFUL SALE OF BODY ARMOR IN THE FIRST DEGREE IS A CLASS E FELONY.
§ 8. This act shall take effect immediately.
SUBPART B
Section 1. Section 265.65 of the penal law, as added by chapter 212 of
the laws of 2022, is amended and a new section 265.65-a is added to read
as follows:
§ 265.65 Criminal purchase of a semiautomatic rifle IN THE SECOND
degree.
A person is guilty of criminal purchase of a semiautomatic rifle IN
THE SECOND DEGREE when [he or she] SUCH PERSON purchases or takes
possession of a semiautomatic rifle and does not possess a license to
purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. [Criminal purchase
of a semiautomatic rifle is a class A misdemeanor for the first offense
and a class E felony for subsequent offenses] THIS SECTION SHALL NOT
APPLY TO POLICE OFFICERS, AS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED
PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, EXCEPT THOSE
PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH SECTION TO CARRY OR
POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFORE HAS BEEN
ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, PERSONS IN THE MILI-
TARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN ACTING
IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR EMPLOYMENT, OR DEAL-
ERS IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION NINE OF SECTION
265.00 OF THIS ARTICLE.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE SECOND DEGREE IS A
CLASS A MISDEMEANOR.
§ 265.65-A CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE FIRST DEGREE WHEN SUCH PERSON:
1. PURCHASES OR TAKES POSSESSION OF A SEMIAUTOMATIC RIFLE AND DOES NOT
POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF SUCH SEMIAUTOMATIC
RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
THIS SECTION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED PURSUANT TO
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
PEACE OFFICERS AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, PERSONS IN THE MILITARY SERVICE OF THE UNITED STATES OR
THE STATE OF NEW YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILI-
TARY DUTIES OR EMPLOYMENT, OR DEALERS IN FIREARMS AS DEFINED PURSUANT TO
SUBDIVISION NINE OF SECTION 265.00 OF THIS ARTICLE; AND
2. HAS BEEN CONVICTED OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST DEGREE IS A
CLASS E FELONY.
§ 2. Section 265.66 of the penal law, as added by chapter 212 of the
laws of 2022, is amended to read as follows:
§ 265.66 Criminal sale of a semiautomatic rifle.
A person is guilty of criminal sale of a semiautomatic rifle when,
knowing or having reason to know it is a semiautomatic rifle, [he or
she] SUCH PERSON sells, exchanges, gives or disposes of a semiautomatic
rifle to another person and such other person does not possess a license
S. 4005 22 A. 3005
to purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. THIS SECTION SHALL
NOT APPLY TO A SALE, EXCHANGE, OR OTHER DISPOSITION OF A SEMIAUTOMATIC
RIFLE TO A PERSON WHO IS A POLICE OFFICER AS DEFINED PURSUANT TO SUBDI-
VISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A
PEACE OFFICER AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCE-
DURE LAW, EXCEPT THOSE PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH
SECTION TO CARRY OR POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE
THEREFORE HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, A
PERSON IN THE MILITARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW
YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR
EMPLOYMENT, OR A DEALER IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION
NINE OF SECTION 265.00 OF THIS ARTICLE.
Criminal sale of a semiautomatic rifle is a class E felony.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
§ 2. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART G
Section 1. The state finance law is amended by adding a new section
99-qq to read as follows:
§ 99-QQ. HAZARD MITIGATION STATE REVOLVING LOAN FUND. 1. THERE IS
HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE STATE COMPTROLLER A NEW
FUND TO BE KNOWN AS THE "HAZARD MITIGATION REVOLVING LOAN FUND".
2. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED THEREFORE, ALL
MONEYS RECEIVED BY THE STATE PURSUANT TO A CAPITALIZATION GRANT FROM THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN ACCORDANCE WITH THE SAFEGUARDING
TOMORROW THROUGH ONGOING RISK MITIGATION ACT OF 2020 (STORM ACT) (P.L.
116-284), PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE
FUND, AND INTEREST EARNED ON AMOUNTS IN THE FUND.
3. MONEYS OF THE ACCOUNT, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
TO MAKE LOANS PURSUANT TO SECTION SEVEN HUNDRED NINETEEN OF THE EXECU-
TIVE LAW.
§ 2. The executive law is amended by adding a new section 719 to read
as follows:
§ 719. LOANS FOR ELIGIBLE HAZARD MITIGATION ACTIVITIES. 1. THE
COMMISSIONER MAY MAKE LOANS TO LOCAL GOVERNMENTS FOR ELIGIBLE HAZARD
MITIGATION ACTIVITIES, AS DEFINED IN THE STORM ACT AND CORRESPONDING
FEDERAL REGULATIONS, TO REDUCE DISASTER RISKS FOR HOMEOWNERS, BUSI-
NESSES, NON-PROFIT ORGANIZATIONS, AND COMMUNITIES SUBJECT TO AVAILABLE
FUNDS FOR SUCH PURPOSE PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE
FINANCE LAW.
2. THE COMMISSIONER MAY MAKE LOANS UNDER THIS SECTION SUBJECT TO SUCH
OTHER TERMS AND CONDITIONS OF THE STORM ACT, AND RELATED FEDERAL AND
STATE RULES, REGULATIONS, POLICIES AND GUIDELINES.
§ 3. This act shall take effect immediately.
PART H
Section 1. Section 2 of the volunteer firefighters' benefit law, as
amended by chapter 476 of the laws of 2018, is amended to read as
follows:
S. 4005 23 A. 3005
§ 2. Purpose. One of the finest traditions of American community life
is the service which people render to others [without remuneration].
Volunteer firefighters have long been in the forefront of this group. In
recognition of the unselfish service by these volunteers, government has
undertaken to provide for them and their families some measure of
protection against loss from death or injuries in line of duty. Over the
years there has developed a dual system of benefits when volunteer fire-
fighters are killed or injured. The dual system has caused uncertainty
and confusion. This law establishes a new single system of benefits for
volunteer firefighters and provides for the administration of such
system by the workers' compensation board and the chairman of such
board.
It is hereby declared that this chapter is intended to effectuate the
objects and purposes of section eighteen of article one of the state
constitution and that the relationship between the political subdivision
liable for benefits under this chapter and a volunteer firefighter enti-
tled to such benefits is that of employer and employee within the mean-
ing of such provision of the state constitution.
§ 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit
law, as amended by chapter 458 of the laws of 1996, is amended to read
as follows:
3. "Line of duty" means the performance by a volunteer firefighter as
a volunteer firefighter of the duties and activities described in subdi-
vision one of section five of this chapter and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of the general municipal law
for which the volunteer firefighter does not receive any remuneration or
a gratuity and shall be deemed to include any date of injury as deter-
mined by the workers' compensation board pursuant to the provisions of
section forty-one of this chapter. The following shall not be deemed to
be remuneration or a gratuity: PAYMENT OF A NOMINAL FEE AS OUTLINED IN
SECTION TWO HUNDRED-AA OF THE GENERAL MUNICIPAL LAW; reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of the general municipal law, and the acceptance of transporta-
tion, food, drink, shelter, clothing and similar items while on duty or
engaged in such activities.
§ 3. The general municipal law is amended by adding a new section
200-aa to read as follows:
§ 200-AA. NOMINAL FEE FOR VOLUNTEER FIREFIGHTERS. 1. FOR PURPOSES OF
THIS SECTION:
(A) "FIRE COMPANY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
(B) "NOMINAL FEE" MEANS PAYMENT TO A VOLUNTEER FIREFIGHTER OF A
STIPEND OR A FEE FOR A PER CALL OR ON CALL BASIS. THE PAYMENT OF THE
NOMINAL FEE IS NOT A SUBSTITUTE FOR COMPENSATION AND MUST NOT BE TIED TO
PRODUCTIVITY.
(C) "VOLUNTEER FIREFIGHTER" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
2. THE GOVERNING BOARD OF A CITY, TOWN, VILLAGE OR FIRE DISTRICT MAY,
BY LOCAL LAW, ORDINANCE OR RESOLUTION, AUTHORIZE A FIRE COMPANY TO
PROVIDE NOMINAL FEES TO VOLUNTEER FIREFIGHTERS FOR: (A) RESPONSE TO A
FIRE, ALARM OF FIRE, HAZARDOUS MATERIAL INCIDENT OR OTHER EMERGENCY TO
WHICH THEIR FIRE DEPARTMENT, FIRE COMPANY, OR ANY UNIT THEREOF, EITHER
HAS RESPONDED OR WOULD BE REQUIRED OR AUTHORIZED TO RESPOND; AND (B) FOR
S. 4005 24 A. 3005
COMPLETION OF CERTAIN TRAINING, AS IDENTIFIED AND PUBLISHED BY THE
OFFICE OF FIRE PREVENTION AND CONTROL.
3. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY MAKE AVAILABLE STATE
FUNDS THROUGH A STIPEND TO VOLUNTEER FIREFIGHTERS FOR COMPLETION OF
CERTAIN FIREFIGHTER TRAINING, AS IDENTIFIED AND PUBLISHED BY THE OFFICE
OF FIRE PREVENTION AND CONTROL.
§ 4. Subdivision 2 of section 517 of the labor law is amended by
adding a new paragraph (j) to read as follows:
(J) ANY NOMINAL FEE PAID TO A VOLUNTEER FIREFIGHTER PURSUANT TO
SECTION TWO HUNDRED-AA OF THE GENERAL MUNICIPAL LAW.
§ 5. Subparagraph (m) of the opening paragraph of subdivision 5 of
section 651 of the labor law, as amended by chapter 105 of the laws of
2019, is amended to read as follows:
(m) by a federal, state or municipal government or political subdivi-
sion thereof, INCLUDING VOLUNTEER FIREFIGHTERS AS DEFINED IN SECTION
THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW;
§ 6. Section 35 of the civil service law is amended by adding a new
subdivision (l) to read as follows:
(L) ALL VOLUNTEER FIREFIGHTERS AS DEFINED BY SECTION THREE OF THE
VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
§ 7. Subdivision 7 of section 201 of the civil service law is amended
by adding a new paragraph (h) to read as follows:
(H) THE TERM "PUBLIC EMPLOYEE" SHALL NOT MEAN A VOLUNTEER FIREFIGHTER
AS DEFINED BY SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW
FOR PURPOSES OF THIS ARTICLE.
§ 8. Paragraph (c) of subdivision 1 of section 205-g of the general
municipal law, as added by chapter 559 of the laws of 2006, is amended
to read as follows:
c. "Line of duty" means the performance by a volunteer firefighter of
the duties and activities described in subdivision one of section five
of the volunteer firefighters' benefit law and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of this article for which the
volunteer firefighter does not receive any remuneration or a gratuity
and shall be deemed to include any date of injury as determined by the
workers' compensation board pursuant to the provisions of section
forty-one of the volunteer firefighters' benefit law. The following
shall not be deemed to be remuneration or a gratuity: reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of this chapter, [and] the acceptance of transportation, food,
drink, shelter, clothing and similar items while on duty or engaged in
such activities; AND PAYMENT OF A NOMINAL FEE AS OUTLINED IN SECTION
200-AA OF THIS ARTICLE.
§ 9. Section 209-d of the general municipal law, as amended by chapter
476 of the laws of 2018, is amended to read as follows:
§ 209-d. Contracts for outside service by volunteer fire departments
and companies. Notwithstanding any other provision of law, no contract
shall be made by a municipality or fire district whereby the services of
a volunteer fire department or company are to be supplied outside of
such municipality or fire district to provide (1) fire protection, (2)
emergency service in case of accidents, calamities or other emergencies,
or (3) general ambulance service pursuant to the provisions of section
two hundred nine-b of this article, unless such volunteer fire depart-
ment or company consents thereto. Any such contract may provide for the
S. 4005 25 A. 3005
payment of a portion of the consideration expressed therein to such
volunteer fire department or company to be expended for fire department
or company purposes only. If the municipality or fire district owns all
of the fire apparatus to be used in carrying out the contract, the
portion of the consideration which may be paid to such volunteer fire
department or company shall not exceed thirty-five per centum, unless a
greater portion was being so paid on March fifteenth, nineteen hundred
forty-one, under a contract entered into on or before that date, in
which event a not greater portion than was being paid on said date may
be paid to such volunteer fire department or company in respect to any
contract entered into on or after such date. No payments shall be made
to individual volunteer firefighters as compensation for rendering such
outside service. THE PAYMENT OF A NOMINAL FEE TO A VOLUNTEER FIREFIGHTER
PURSUANT TO SECTION TWO HUNDRED-AA OF THIS ARTICLE SHALL NOT CONSTITUTE
COMPENSATION FOR RENDERING SUCH OUTSIDE SERVICE.
§ 10. This act shall take effect immediately.
PART I
Section 1. Subdivision 7 of section 575 of the executive law is
REPEALED and a new subdivision 7 is added to read as follows:
7. MODEL DOMESTIC AND GENDER-BASED VIOLENCE POLICY FOR NEW YORK STATE
AND ITS COUNTIES. (A) THE OFFICE SHALL CONVENE A TASK FORCE OF STATE AND
COUNTY LEVEL MUNICIPAL OFFICIALS, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING: COMMISSIONERS OF LOCAL DEPARTMENTS OF SOCIAL SERVICES,
MEMBERS OF THE JUDICIARY OR THEIR REPRESENTATIVES, DIRECTORS OF DOMESTIC
VIOLENCE PROGRAMS, REPRESENTATIVES FROM STATEWIDE AND NATIONAL ADVOCACY
ORGANIZATIONS FOR THE PREVENTION OF DOMESTIC AND GENDER-BASED VIOLENCE,
INCLUDING THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE AND THE
NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT, DIRECTORS OF SEXUAL
VIOLENCE PROGRAMS, REPRESENTATIVES FROM STATEWIDE AND NATIONAL ADVOCACY
ORGANIZATIONS FOR THE PREVENTION OF SEXUAL VIOLENCE, LOCAL HOSPITALS,
HEALTH AND MENTAL HEALTH PROFESSIONALS, REPRESENTATIVES FROM CONTINUUMS
OF CARE AND OTHER HOUSING PROVIDERS, LOCAL POLICE DEPARTMENT CHIEFS,
DIRECTORS OF COUNTY DEPARTMENTS OF PROBATION, EDUCATION REPRESENTATIVES,
STATE AGENCY PARTNERS OVERSEEING PROGRAMS AND FUNDING FOR VICTIMS OF
GENDER-BASED VIOLENCE, INCLUDING COMMISSIONERS OR DELEGATES FROM THE
OFFICE OF VICTIM SERVICES, THE OFFICE OF CHILDREN AND FAMILY SERVICES,
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE DEPARTMENT OF
HEALTH, THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND MEMBERS OF THE
NEW YORK STATE INTERAGENCY TASK FORCE AGAINST HUMAN TRAFFICKING. IN
SELECTING TASK FORCE MEMBERS, THE OFFICE SHALL SEEK DIVERSITY IN REPRE-
SENTATION IN MEMBERSHIP BY PEOPLE FROM INTERSECTIONAL IDENTITIES WHICH
CAN INCLUDE DIVERSE CULTURES, BELIEFS, ABILITIES AND GEOGRAPHIC REGION
OR THOSE WHO HAVE WORKED WITH CULTURALLY SPECIFIC OR POPULATION SPECIFIC
SURVIVORS.
(B) THE PURPOSE OF THE TASK FORCE SHALL BE TO DEVELOP A MODEL DOMESTIC
AND GENDER-BASED VIOLENCE POLICY FOR COUNTIES AND THE STATE THAT FOSTERS
A SURVIVOR-CENTERED, CULTURALLY RESPONSIVE, AND TRAUMA-INFORMED RESPONSE
ACROSS ALL SYSTEMS PROVIDING SERVICES TO VICTIMS OF DOMESTIC AND
GENDER-BASED VIOLENCE, BY ASSURING THAT BEST PRACTICES, POLICIES, PROTO-
COLS AND PROCEDURES ARE USED TO ADDRESS THE ISSUE OF DOMESTIC AND
GENDER-BASED VIOLENCE. SUCH POLICY SHALL ALSO ADDRESS, INCLUDING, BUT
NOT LIMITED TO:
(I) HOW SURVIVORS ARE REFERRED TO OR ACCESS SERVICES, WITH THE GOAL OF
CREATING UNIFORM RESPONSE BY SOCIAL SERVICES DISTRICTS AND COMMUNITY-
S. 4005 26 A. 3005
BASED PROVIDERS, HOSPITALS AND MEDICAL PROVIDERS, MENTAL HEALTH AND
SUBSTANCE USE PROVIDERS, INCLUDING IDENTIFICATION, ASSESSMENT, INTER-
VENTION AND REFERRAL POLICIES AND RESPONSES TO VICTIMS AND PERSONS WHO
CAUSE HARM;
(II) CREATING UNIFORM RESPONSE AND INVESTIGATION BY POLICE AGENCIES
AND OTHER CRIMINAL JUSTICE AGENCIES TO GENDER-BASED VIOLENCE, INCLUDING
USE OF DOMESTIC INCIDENT REPORTS, SCREENING TOOLS AND ASSESSMENTS,
DISPOSITION OF DOMESTIC VIOLENCE COMPLAINTS, THE PROVISION OF INFORMA-
TION AND ORDERS OF PROTECTION;
(III) TRAINING AND APPROPRIATE AND RELEVANT MEASURES FOR PERIODIC
EVALUATION OF COMMUNITY EFFORTS BETWEEN THE OFFICE AND OTHER STATE AGEN-
CIES HAVING OVERSIGHT OVER ANY LOCAL SYSTEM; AND
(IV) OTHER ISSUES AS SHALL BE APPROPRIATE AND RELEVANT FOR THE TASK
FORCE TO DEVELOP SUCH POLICY.
(C) THE OFFICE SHALL CONVENE A PUBLIC HEARING FOR MEMBERS OF THE TASK
FORCE TO RECEIVE INPUT INTO THE MODEL POLICY DEVELOPED PURSUANT TO THIS
SUBDIVISION, AFTER WHICH THE OFFICE SHALL DRAFT SUCH POLICY WITH INPUT
FROM THE TASK FORCE. SUCH DRAFT SHALL BE CIRCULATED FOR REVIEW BY THE
PUBLIC NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FOUR AND
AMENDED AS NECESSARY TO REFLECT WRITTEN COMMENTS RECEIVED.
(D) THE MODEL POLICY DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL BE
REVIEWED AND APPROVED BY THE ADVISORY COUNCIL, AND ONCE APPROVED, SUCH
MODEL POLICY SHALL BE POSTED ON THE OFFICE'S WEBSITE.
(E) NOTIFICATION OF THE AVAILABILITY OF THE MODEL DOMESTIC AND
GENDER-BASED VIOLENCE POLICY DEVELOPED PURSUANT TO THIS SUBDIVISION
SHALL BE MADE BY THE OFFICE TO EVERY COUNTY AND EXECUTIVE STATE AGENCY
IN THE STATE. UPON NOTIFICATION OF THE AVAILABILITY OF SUCH MODEL POLI-
CY, THE OFFICE SHALL SET REASONABLE TIMEFRAMES FOR THE SUBMISSION,
REVIEW, AND ADOPTION OF ALL LOCAL POLICIES, WHICH SHALL BE ADOPTED NO
LATER THAN SIX MONTHS AFTER THE DISSEMINATION OF SUCH MODEL POLICY.
(F) UPON ADOPTION OF THE MODEL POLICY DEVELOPED PURSUANT TO THIS
SUBDIVISION, EVERY COUNTY AND EXECUTIVE STATE AGENCY IN THE STATE SHALL
SUBMIT A CERTIFICATION TO THE OFFICE.
(G) THE OFFICE SHALL PROVIDE TRAINING, TECHNICAL SUPPORT, AND INFORMA-
TION TO IMPLEMENT THE DEVELOPMENT OF THE MODEL POLICY DEVELOPED PURSUANT
TO THIS SUBDIVISION.
(H) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PREVENT
THE GOVERNING BODY OF A COUNTY OR LOCALITY FROM DESIGNATING A LOCAL
ADVISORY COMMITTEE TO INVESTIGATE THE ISSUES, WORK WITH PROVIDERS OF
DOMESTIC AND GENDER-BASED VIOLENCE PROGRAMS AND OTHER INTERESTED
PARTIES, AND TO AID IN THE IMPLEMENTATION OF THE POLICY REQUIRED BY THIS
SUBDIVISION. SUCH GOVERNING BODY OR ADVISORY COMMITTEE MAY REQUEST AND
SHALL RECEIVE TECHNICAL ASSISTANCE FROM THE OFFICE FOR THE DEVELOPMENT
OF SUCH A POLICY. IMPLEMENTATION OF THE MODEL DOMESTIC VIOLENCE POLICY
MAY TAKE PLACE IN A FORM CONSIDERED APPROPRIATE BY THE GOVERNING BODY OF
A COUNTY, INCLUDING GUIDELINES, REGULATIONS AND LOCAL LAWS.
(I) THE OFFICE, IN CONJUNCTION WITH ANY STATE AGENCY HAVING OVERSIGHT
OVER ANY LOCAL SYSTEM, SHALL HAVE AUTHORITY TO OVERSEE COMPLIANCE WITH
THE MODEL POLICY DEVELOPED PURSUANT TO THIS SUBDIVISION AND, UPON
DISCOVERING ANY COMPLIANCE CONCERNS, TO REQUIRE CORRECTIVE ACTIONS TO
COME INTO COMPLIANCE WITH SUCH POLICY. THE OFFICE SHALL SURVEY COUNTY
GOVERNMENTS EVERY FIVE YEARS AFTER THE ISSUANCE OF SUCH POLICY TO EVALU-
ATE THE EFFECTIVENESS OF SUCH POLICY, TO DETERMINE THE LEVEL OF COMPLI-
ANCE WITH SUCH MODEL DOMESTIC AND GENDER-BASED VIOLENCE POLICY, AND
IDENTIFY ANY ADDITIONAL STEPS NECESSARY TO AID IN THE IMPLEMENTATION OF
SUCH POLICY.
S. 4005 27 A. 3005
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART J
Section 1. Subdivisions 1 and 2 of section 217 of the military law,
subdivision 1 as amended by chapter 141 of the laws of 1988, and subdi-
vision 2 as amended by chapter 63 of the laws of 1976, are amended to
read as follows:
1. Any member of the organized militia who (A) shall be disabled or
has been so disabled in the performance of any actual service of this
state within three years preceding the application for a pension under
this chapter, in case of riots, tumults, breach of the peace, resistance
to process, invasion, insurrection or imminent danger thereof, or when-
ever called upon in aid of the civil authorities, or while engaged in
any lawfully ordered parade, drill, encampment or inspection, shall,
upon proof of the fact, as hereinafter provided, be placed on the disa-
bility retired roll of the state and shall receive out of any moneys in
the treasury of the state, not otherwise appropriated, upon the approval
of the chief of staff and approval of the governor, the same pension or
reward that persons under similar circumstances receive from the United
States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHO IS DETERMINED TO HAVE INCURRED A QUALIFYING WORLD TRADE CENTER
CONDITION SHALL BE ENTITLED TO A PERFORMANCE OF DUTY DISABILITY PENSION
EQUIVALENT TO THREE-QUARTERS OF THE MEMBER'S FINAL AVERAGE SALARY. THE
DEADLINE FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL
BE ON OR BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJU-
TANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED
TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
2. In case any such member of the organized militia (A) shall die as
the result of any such wound, injury or disease within one year after it
has been incurred or contracted, the surviving spouse, children under
twenty-one years of age or dependent parent of such member of the organ-
ized militia shall receive such pension and reward as persons under
similar circumstances receive from the United States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHOSE DEATH IS DETERMINED TO BE THE RESULT OF INCURRING A QUALIFYING
WORLD TRADE CENTER CONDITION SHALL BE ENTITLED TO AN ACCIDENTAL DEATH
BENEFIT OF ONE-HALF OF THE MEMBER'S FINAL AVERAGE SALARY. THE DEADLINE
FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL BE ON OR
BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJUTANT GENERAL
OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED TO PROMUL-
GATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART K
Section 1. New York's alcoholic beverage control law was enacted in
1934. Since that time, the law has grown organically to meet the chang-
ing needs of the industry. However, through that growth over the course
of nearly a century, the structure of the law has become unwieldy and
S. 4005 28 A. 3005
inconsistent. Consequently, it is difficult for the industry and regu-
lators to understand, implement, enforce, and comply with the law.
The State believes that with an open, transparent legislative review
process, the alcoholic beverage control law can be properly rewritten.
To begin the process of modernizing the state's alcoholic beverage
control laws, the New York State Liquor Authority ("SLA") is hereby
directed to undertake a review of those laws and recommend changes. Such
recommended changes shall focus on clearly and rationally delineating
policies, procedures, criteria, and legal standards that are in current
law but not in an intelligible form. The SLA shall prepare an amended
version of the law containing the proposed changes and post it on their
website for public review.
§ 2. This act shall take effect immediately.
PART L
Section 1. The alcoholic beverage control law is amended by adding a
new section 97-d to read as follows:
§ 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE WHOLESALE BUSINESS AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
DOLLARS FOR SUCH PERMIT.
2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
PERMIT WHEN:
(A) THE APPLICANT HAS A WHOLESALE LICENSE APPLICATION AT THE SAME
PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
FILING AND LICENSE FEES;
(B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
NESS; AND
(C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES THAT MAY NOT UNDER
LAW OPERATE CONCURRENTLY HAS BEEN SURRENDERED OR PLACED IN SAFEKEEPING,
OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
THE MANUFACTURING LICENSE BEING APPLIED FOR; AND
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN SUCH LICENSE.
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
CATION.
5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A MANU-
FACTURING FACILITY FOR THE MANUFACTURE AND SALE OF ALCOHOLIC BEVERAGES
ACCORDING TO THE LAWS APPLICABLE TO THE TYPE OF MANUFACTURING LICENSE
BEING APPLIED FOR.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT FOR SIX MONTHS OR
UNTIL THE WHOLESALE LICENSE BEING APPLIED FOR IS APPROVED AND THE
LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
SUCH EXTENSION.
S. 4005 29 A. 3005
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR SUSPENSION
EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE PERMITTEE IN
WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE
REASONS FOR SUCH ACTION.
8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
IN FAVOR OF THE APPLICANT.
§ 2. This act shall take effect on the ninetieth day after it shall
have become law.
PART M
Section 1. The opening paragraph of subdivision 2 of section 99-d of
the alcoholic beverage control law, as amended by chapter 560 of the
laws of 2011, is amended to read as follows:
Before any change in the members of a limited liability company or the
transfer or assignment of a membership interest in a limited liability
company or any corporate change in stockholders, stockholdings, alcohol-
ic beverage officers, officers or directors, except officers and direc-
tors of a premises licensed as a club or a luncheon club under this
chapter can be effectuated for the purposes of this chapter, there shall
be filed with the liquor authority an application for permission to make
such change and there shall be paid to the liquor authority in advance
upon filing of the application a fee of one hundred twenty-eight
dollars. IF THE AUTHORITY DOES NOT ACT WITHIN NINETY DAYS OF RECEIPT OF
SUCH APPLICATION, THE CHANGE SHALL BE DEEMED APPROVED. PROVIDED, HOWEV-
ER, ANY CHANGE WHICH IS IN VIOLATION OF ANY PROVISION OF THIS CHAPTER,
INCLUDING BUT NOT LIMITED TO THOSE IN SECTIONS ONE HUNDRED ONE, ONE
HUNDRED TWENTY-SIX, AND ONE HUNDRED TWENTY-EIGHT OF THIS CHAPTER, MAY
NOT BE APPROVED OR DEEMED APPROVED.
§ 2. This act shall take effect immediately.
PART N
Section 1. The opening paragraph of subdivision 1 of section 110-b of
the alcoholic beverage control law, as amended by chapter 222 of the
laws of 2019, is amended to read as follows:
Not [less than thirty nor] more than two hundred [and] seventy days
before filing any of the following applications PROVIDED FOR IN THIS
SUBDIVISION, an applicant shall notify the municipality in which the
premises is located of such applicant's intent to file such an applica-
tion. THE PROOF OF NOTIFICATION, PROVIDED FOR IN SUBDIVISIONS SIX AND
SIX-A OF THIS SECTION, MUST BE PROVIDED AT THE TIME OF APPLICATION;
FAILURE TO SO PROVIDE SHALL CONSTITUTE GOOD CAUSE FOR DENIAL. THE
AUTHORITY MAY NOT ACT TO APPROVE ANY APPLICATION SUBJECT TO THIS SECTION
PRIOR TO THE PASSAGE OF THIRTY DAYS FROM THE DATE NOTIFICATION WAS
PROVIDED TO THE MUNICIPALITY. THIS SECTION SHALL APPLY TO AN
APPLICATION:
§ 2. This act shall take effect immediately.
PART O
S. 4005 30 A. 3005
Section 1. Subdivision 3 of section 97-a of the alcoholic beverage
control law, as amended by chapter 106 of the laws of 2022, is amended
to read as follows:
3. A temporary retail permit under paragraph (b) of subdivision one of
this section may not be issued for any premises that is subject to the
provisions of section sixty-three or seventy-nine of this chapter; a
temporary retail permit under paragraph (b) of subdivision one of this
section shall not be issued for a premises subject to the provisions of
paragraph (b) of subdivision seven of section sixty-four, subparagraph
(ii) of paragraph (a) of subdivision seven of section sixty-four-a,
subparagraph (ii) of paragraph (a) of subdivision eleven of section
sixty-four-c, or paragraph (b) of subdivision eight of section sixty-
four-d, unless and until a recommendation that there be a finding of
public interest has been made by an administrative law judge pursuant to
paragraph (f) of subdivision seven of section sixty-four, paragraph (d)
of subdivision seven of section sixty-four-a, paragraph (c) of subdivi-
sion five of section sixty-four-b, paragraph (c) of subdivision eleven
of section sixty-four-c, or paragraph (e) of subdivision eight of
section sixty-four-d of this chapter. Provided however, any premises
granted a temporary retail permit pursuant to this subdivision in a city
with a population of one million or more people shall only be allowed to
operate on the premises under the following conditions: [an active] NO
retail license [shall have existed] at the APPLIED FOR location [within
the past two years, and such license] shall [not] have been canceled,
suspended, or revoked by the authority within the past two years; the
closing time any day of the week shall be no later than midnight;
provided however that the closing time of any outdoor space shall be no
later than ten o'clock post-meridian Sunday through Thursday and eleven
o'clock post-meridian Friday and Saturday; no outdoor music; indoors
shall have recorded background music only, with no live music, DJ's,
karaoke, or similar forms of music; and no dancing. The authority shall
automatically lift such restrictions if the authority issues a retail
license for the premises, and replace such restrictions with other
restrictions, if any, imposed by the authority in accordance with the
public interest standard.
§ 2. Subdivision 4 of section 97-a of the alcoholic beverage control
law, as added by chapter 396 of the laws of 2010, is amended to read as
follows:
4. A temporary retail permit issued by the authority pursuant to this
section shall be for a period not to exceed ninety days. A temporary
permit may be extended at the discretion of the authority, for an addi-
tional [thirty] NINETY day period upon payment of an additional fee of
sixty-four dollars for all retail beer licenses and ninety-six dollars
for all other temporary permits and upon compliance with all conditions
required in this section. The authority may, in its discretion, issue
additional [thirty] NINETY day extensions upon payment of the appropri-
ate fee.
§ 3. Subdivision 6 of section 97-a of the alcoholic beverage control
law, as added by chapter 396 of the laws of 2010, is amended to read as
follows:
6. The holder of a temporary retail permit shall [purchase alcoholic
beverages only by payment in currency or check for such alcoholic bever-
ages on or before the day such alcoholic beverages are delivered,
provided, however, that the holder of a temporary permit issued pursuant
to this section who also holds one or more retail licenses and is oper-
ating under such retail license or licenses in addition to the temporary
S. 4005 31 A. 3005
retail permit, and who is not delinquent under the provisions of section
one hundred one-aa of this chapter as to any retail license under which
he operates, may purchase alcoholic beverages on credit under the tempo-
rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED
ONE-AAA OF THIS CHAPTER.
§ 4. Section 5 of chapter 396 of the laws of 2010 amending the alco-
holic beverage control law relating to liquidator's permits and tempo-
rary retail permits, as amended by section 1 of part M of chapter 55 of
the laws of 2022, is amended to read as follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law[, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, 2023].
§ 5. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the ninetieth day after it
shall have become a law.
PART P
Section 1. Section 722-b of the county law, as amended by section 2 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
§ 722-b. Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association conform-
ing to the requirements of section seven hundred twenty-two of this
article whereby the services of private counsel are rotated and coordi-
nated by an administrator shall at the conclusion of the representation
receive:
(a) for representation of a person [entitled to representation by law
who is initially charged with a misdemeanor or lesser offense and no
felony, compensation for such misdemeanor or lesser offense represen-
tation at a rate of sixty dollars per hour for time expended in court or
before a magistrate, judge or justice, and sixty] IN ALL CASES GOVERNED
BY THIS ARTICLE, AND ARISING IN NEW YORK COUNTY, KINGS COUNTY, BRONX
COUNTY, RICHMOND COUNTY, QUEENS COUNTY, SUFFOLK COUNTY, NASSAU COUNTY,
WESTCHESTER COUNTY, ROCKLAND COUNTY, PUTNAM COUNTY, ORANGE COUNTY,
DUTCHESS COUNTY, ULSTER COUNTY, AND SULLIVAN COUNTY, INCLUDING ALL
REPRESENTATION IN AN APPELLATE COURT, COMPENSATION AT A RATE OF ONE
HUNDRED FIFTY-EIGHT DOLLARS PER HOUR FOR TIME EXPENDED IN COURT BEFORE A
MAGISTRATE, JUDGE OR JUSTICE AND ONE HUNDRED FIFTY-EIGHT dollars per
hour for time reasonably expended out of court, and shall receive
reimbursement for expenses reasonably incurred; and
(b) for representation of a person in all [other] cases governed by
this article, ARISING IN ALL REMAINING NEW YORK STATE COUNTIES, includ-
ing all representation in an appellate court, compensation at a rate of
[seventy-five] ONE HUNDRED NINETEEN dollars per hour for time expended
in court before a magistrate, judge or justice and [seventy-five] ONE
HUNDRED NINETEEN dollars per hour for time reasonably expended out of
court, and shall receive reimbursement for expenses reasonably incurred.
2. [Except as provided in this section, compensation for time expended
in providing representation:
(a) pursuant to paragraph (a) of subdivision one of this section shall
not exceed two thousand four hundred dollars; and
(b) pursuant to paragraph (b) of subdivision one of this section shall
not exceed four thousand four hundred dollars.
3. For representation on an appeal, compensation and reimbursement
shall be fixed by the appellate court. For all other representation,
S. 4005 32 A. 3005
compensation and reimbursement shall be fixed by the trial court judge.
In extraordinary circumstances a trial or appellate court may provide
for compensation in excess of the foregoing limits and for payment of
compensation and reimbursement for expenses before the completion of the
representation.
4.] EXCEPT AS PROVIDED IN THIS SECTION, COMPENSATION FOR TIME EXPENDED
IN PROVIDING REPRESENTATION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE
OF THIS SECTION SHALL NOT EXCEED TEN THOUSAND DOLLARS; AND (B) PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT EXCEED
SEVEN THOUSAND DOLLARS.
3. Each claim for compensation and reimbursement shall be supported by
a sworn statement specifying the time expended, services rendered,
expenses incurred and reimbursement or compensation applied for or
received in the same case from any other source. No counsel assigned
hereunder shall seek or accept any fee for representing the party for
whom he or she is assigned without approval of the court as herein
provided.
§ 2. Subdivision 3 of section 35 of the judiciary law, as amended by
section 5 of part J of chapter 62 of the laws of 2003, is amended to
read as follows:
3. (A) No counsel assigned pursuant to this section shall seek or
accept any fee for representing the person for whom he or she is
assigned without approval of the court as herein provided. Whenever it
appears that such person is financially able to obtain counsel or make
partial payment for the representation, counsel may report this fact to
the court and the court may terminate the assignment or authorize
payment, as the interests of justice may dictate, to such counsel. Coun-
sel assigned hereunder shall at the conclusion of the representation
receive compensation at a rate of [seventy-five]: (I) ONE HUNDRED
FIFTY-EIGHT dollars per hour for time expended in court[, and seventy-
five dollars per hour for time reasonably expended out of court] IN THE
FOLLOWING COUNTIES: NEW YORK, KINGS, BRONX, RICHMOND, QUEENS, SUFFOLK,
NASSAU, WESTCHESTER, ROCKLAND, PUTNAM, ORANGE, DUTCHESS, ULSTER, AND
SULLIVAN; AND (II) ONE HUNDRED NINETEEN DOLLARS PER HOUR FOR TIME
EXPENDED IN COURT IN ALL OTHER NEW YORK STATE COUNTIES, and shall
receive reimbursement for expenses reasonably incurred.
(B) For representation upon a hearing, compensation and reimbursement
shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed [four thousand four hundred dollars. For
representation in an appellate court, compensation and reimbursement
shall be fixed by such court and such compensation shall not exceed four
thousand four hundred dollars] TEN THOUSAND DOLLARS FOR TIME EXPENDED IN
PROVIDING REPRESENTATION PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF THIS SUBDIVISION; AND SEVEN THOUSAND DOLLARS FOR TIME EXPENDED IN
PROVIDING REPRESENTATION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A)
OF THIS SUBDIVISION. In extraordinary circumstances the court may
provide for compensation in excess of the foregoing limits.
§ 3. This act shall take effect April 1, 2023. Effective immediately,
the addition, amendment, and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART Q
Section 1. Section 2 of chapter 303 of the laws of 1988, relating to
the extension of the state commission on the restoration of the capitol,
S. 4005 33 A. 3005
as amended by section 1 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 2. The temporary state commission on the restoration of the capitol
is hereby renamed as the state commission on the restoration of the
capitol (hereinafter to be referred to as the "commission") and is here-
by continued until April 1, [2023] 2028. The commission shall consist
of eleven members to be appointed as follows: five members shall be
appointed by the governor; two members shall be appointed by the tempo-
rary president of the senate; two members shall be appointed by the
speaker of the assembly; one member shall be appointed by the minority
leader of the senate; one member shall be appointed by the minority
leader of the assembly, together with the commissioner of general
services and the commissioner of parks, recreation and historic preser-
vation. The term for each elected member shall be for three years,
except that of the first five members appointed by the governor, one
shall be for a one year term, and two shall be for a two year term, and
one of the first appointments by the president of the senate and by the
speaker of the assembly shall be for a two year term. Any vacancy that
occurs in the commission shall be filled in the same manner in which the
original appointment was made. The commission shall elect a chairman and
a vice-chairman from among its members. The members of the state
commission on the restoration of the capitol shall be deemed to be
members of the commission until their successors are appointed. The
members of the commission shall receive no compensation for their
services, but shall be reimbursed for their expenses actually and neces-
sarily incurred by them in the performance of their duties hereunder.
§ 2. Section 9 of chapter 303 of the laws of 1988, relating to the
extension of the state commission on the restoration of the capitol, as
amended by section 2 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 9. This act shall take effect immediately, and shall remain in full
force and effect until April 1, [2023] 2028.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided
that the amendments to section 2 of chapter 303 of the laws of 1988 made
by section one of this act shall not affect the expiration of such chap-
ter, and shall be deemed to expire therewith.
PART R
Section 1. Subdivision 7 of section 163 of the state finance law, as
amended by section 2 of subpart A of part KK of chapter 57 of the laws
of 2018, is amended to read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may [accept] REQUIRE ELECTRONIC SUBMISSION AS THE SOLE METHOD
FOR THE SUBMISSION OF bids [electronically] FOR COMMODITY, SERVICE AND
TECHNOLOGY CONTRACTS, including submission of the statement of non-col-
lusion required by section one hundred thirty-nine-d of this chapter,
and the statement of certification required by section one hundred thir-
ty-nine-l of this chapter[,] and[, starting April first, two thousand
twelve, and ending March thirty-first, two thousand fifteen,] may[, for
commodity, service and technology] REQUIRE ELECTRONIC SIGNATURES ON ALL
S. 4005 34 A. 3005
DOCUMENTS REQUIRED FOR SUBMISSION OF A BID, ANY RESULTING contracts
[require electronic submission as the sole method for the submission of
bids for the solicitation], AND REQUIRED SUBMISSIONS DURING THE TERM OF
ANY CONTRACT. [State agencies shall undertake no more than eighty-five
such electronic bid solicitations, none of which shall be reverse
auctions, prior to April first, two thousand fifteen. In addition, state
agencies may conduct up to twenty reverse auctions through electronic
means, prior to April first, two thousand fifteen.] Prior to requiring
the electronic submission of bids, the agency shall make a determi-
nation, which shall be documented in the procurement record, that elec-
tronic submission affords a fair and equal opportunity for offerers to
submit responsive offers, AND THAT THE ELECTRONIC SIGNATURE COMPLIES
WITH THE PROVISIONS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
[Within thirty days of the completion of the eighty-fifth electronic bid
solicitation, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing the use of
electronic submissions and make recommendations regarding future use of
this procurement method. In addition, within thirty days of the
completion of the twentieth reverse auction through electronic means, or
by April first, two thousand fifteen, whichever is earlier, the commis-
sioner shall prepare a report assessing the use of reverse auctions
through electronic means and make recommendations regarding future use
of this procurement method. Such reports shall be published on the
website of the office of general services.] Except where otherwise
provided by law, procurements shall be competitive, and state agencies
shall conduct formal competitive procurements to the maximum extent
practicable. State agencies shall document the determination of the
method of procurement and the basis of award in the procurement record.
Where the basis for award is the best value offer, the state agency
shall document, in the procurement record and in advance of the initial
receipt of offers, the determination of the evaluation criteria, which
whenever possible, shall be quantifiable, and the process to be used in
the determination of best value and the manner in which the evaluation
process and selection shall be conducted.
§ 2. Subdivision 7-a of section 163 of the state finance law is
REPEALED.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
PART S
Section 1. Section 57 of the civil service law, as added by chapter
83 of the laws of 1963, is amended to read as follows:
§ 57. Continuous recruitment for certain positions. Notwithstanding
any other provisions of this chapter or any other law, the civil service
department or a municipal commission may establish a continuing eligible
list for any class of positions for which it finds [inadequate numbers
of well qualified persons available for recruitment] SUCH LISTS APPRO-
PRIATE. THE CIVIL SERVICE DEPARTMENT MAY ONLY ESTABLISH CONTINUING
ELIGIBLE LISTS FOR ANY CLASS OF POSITIONS FILLED THROUGH OPEN COMPET-
ITIVE EXAMINATION. Names of eligibles shall be inserted in such list
from time to time as applicants are tested and found qualified in exam-
inations held at such intervals as may be prescribed by the civil
service department or municipal commission having jurisdiction. Such
S. 4005 35 A. 3005
successive examinations shall, so far as practicable, be constructed and
rated so as to be equivalent tests of the merit and fitness of candi-
dates. The name of any candidate who passes any such examination and who
is otherwise qualified shall be placed on the continuing eligible list
in the rank corresponding to his OR HER final rating on such examina-
tion. The period of eligibility of successful candidates for certif-
ication and appointment from such continuing eligible list, as a result
of any such examination, shall be fixed by the civil service department
or municipal commission but, except as a list may reach an announced
terminal date, such period shall not be less than one year; nor shall
such period of eligibility exceed four years. Subject to such conditions
and limitations as the civil service department or municipal commission
may prescribe, a candidate may take more than one such examination;
provided, however, that no such candidate shall be certified simultane-
ously with more than one rank on the continuing eligible list. With
respect to any candidate who applies for and is granted additional cred-
it in any such examination as a disabled or non-disabled veteran, and
for the limited purpose of granting such additional credit, the eligible
list shall be deemed to be established on the date on which his OR HER
name is added thereto.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 1 of section 55-b of the civil service law, as
amended by chapter 603 of the laws of 1995, is amended to read as
follows:
1. The commission may determine up to [twelve] SEVENTEEN hundred posi-
tions with duties such as can be performed by persons with a physical or
mental disability who are found otherwise qualified to perform satisfac-
torily the duties of any such position. Upon such determination the said
positions shall be classified in the noncompetitive class, and may be
filled only by persons who shall have been certified by the employee
health service of the department as being a person with either a phys-
ical or mental disability. The number of persons appointed pursuant to
this section shall not exceed [twelve] SEVENTEEN hundred.
§ 2. Section 55-b of the civil service law is amended by adding a new
subdivision 3 to read as follows:
3. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
§ 3. Section 55-c of the civil service law, as amended by chapter 603
of the laws of 1995, is amended by adding a new subdivision 4 to read as
follows:
4. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
§ 4. This act shall take effect immediately.
PART U
Section 1. Subdivision (a) of section 5004 of the civil practice law
and rules, as amended by chapter 831 of the laws of 2021, is amended to
read as follows:
S. 4005 36 A. 3005
(a) [Interest shall be at the rate of nine per centum per annum,
except where otherwise provided by statute; provided] NOTWITHSTANDING
ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, INCLUDING ANY
LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST TO BE PAID ON A
JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED AT THE ONE-YEAR UNITED
STATES TREASURY BILL RATE. FOR PURPOSES OF THIS SECTION, THE "ONE-YEAR
UNITED STATES TREASURY BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES; PROVIDED HOWEVER, THAT
THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH
PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR
ACCRUED CLAIM. PROVIDED, HOWEVER, the annual rate of interest to be paid
in an action arising out of a consumer debt where a natural person is a
defendant shall be two per centum per annum (i) on a judgment or accrued
claim for judgments entered on or after the effective date of [the]
chapter EIGHT HUNDRED THIRTY-ONE of the laws of two thousand twenty-one
[which amended this section], and (ii) for interest upon a judgment
pursuant to section five thousand three of this article from the date of
the entry of judgment on any part of a judgment entered before the
effective date of [the] chapter EIGHT HUNDRED THIRTY-ONE of the laws of
two thousand twenty-one [which amended this section] that is unpaid as
of such effective date.
§ 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
§ 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART V
Section 1. Section 2 of part HH of chapter 56 of the laws of 2022,
amending the retirement and social security law relating to waiving
approval and income limitations on retirees employed in school districts
and board of cooperative educational services, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2023] 2024.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraphs 2 and 3 of subdivision e of section 19-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
S. 4005 37 A. 3005
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds nine and one-half percent of payroll as of the
end of the previous fiscal year, and (ii) an employer's average actuari-
al contribution rate exceeds the [system] EMPLOYER'S graded contribution
rate or the alternative [system] EMPLOYER'S graded contribution rate,
the balance in the employer's account within such fund shall be applied
to reduce the employer's payment to the retirement system for such
fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 2. Section 19-a of the retirement and social security law is amended
by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 3. Paragraphs 2 and 3 of subdivision e of section 319-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
S. 4005 38 A. 3005
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds seventeen and one-half percent of payroll as
of the end of the previous fiscal year, and (ii) for which an employer's
average actuarial contribution rate exceeds the EMPLOYER'S graded
contribution rate or the alternative [system] EMPLOYER'S graded contrib-
ution rate, the balance in the employer's account within such fund shall
be applied to reduce the employer's payment to the retirement system for
such fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 4. Section 319-a of the retirement and social security law is
amended by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 5. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
S. 4005 39 A. 3005
This bill would revise the terms of participation in the New York
State and Local Retirement Systems (NYSLRS) Contribution Stabilization
Program (CSP). Participating employers in the NYSLRS may enter the CSP
to reduce volatility in average annual contribution rates. Should
employer billing rates increase rapidly, the CSP allows a portion of the
increase to be amortized over 10 years for the regular CSP or 12 years
for the alternative CSP. Should employer billing rates decrease rapid-
ly, the CSP requires employers to make an additional contribution,
called a graded payment. The graded payment is deposited into an inter-
est-bearing reserve fund held within the NYSLRS for the exclusive use by
the employer to reduce future amortizations.
This bill revises the CSP in the following ways:
1) Limits the value of the reserve fund assets. Graded payments would
cease when the employer's reserve fund assets exceed the employer's
actuarial contribution in the prior fiscal year. Currently, the reserve
fund is capped at 100% of the employer's payroll.
2) Creates provisions for termination from the CSP, subject to
approval by the Comptroller, provided all prior year amortizations are
paid in full, including interest. Beginning the fiscal year following
termination, the employer would not be required (or allowed) to make a
graded payment. Any existing reserve fund assets would be used to reduce
future annual bills up to the amount the employer would have been able
to amortize if still in the program. The employer would be permitted to
re-enter the regular CSP only if eligible to amortize, provided all
reserve fund assets are depleted.
3) Allows an employer to utilize its reserve fund assets to pay a
portion of its annual bill when the employer's average actuarial
contribution rate exceeds the employer's graded rate. Currently, the
employer's average actuarial rate must exceed the System graded rate.
If this bill is enacted during the 2023 legislative session, we antic-
ipate some administrative costs to implement the provisions of this
legislation.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 26, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-57,
prepared by the Actuary for the New York State and Local Retirement
System.
PART X
S. 4005 40 A. 3005
Section 1. Subdivision 2 of section 163 of the civil service law, as
amended by section 4 of part T of chapter 56 of the laws of 2010, is
amended to read as follows:
2. The contract or contracts shall provide for health benefits for
retired employees of the state and of the state colleges of agriculture,
home economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state university of
New York, and the state college of ceramics under the management and
control of Alfred university as the representative of the board of trus-
tees of the state university of New York, and their spouses and depend-
ent children as defined by the regulations of the president, on such
terms as the president may deem appropriate, and the president may
authorize the inclusion in the plan of the employees and retired employ-
ees of public authorities, public benefit corporations, school
districts, special districts, district corporations, municipal corpo-
rations excluding active employees and retired employees of cities
having a population of one million or more inhabitants whose compen-
sation is or was before retirement paid out of the city treasury, or
other appropriate agencies, subdivisions or quasi-public organizations
of the state, including active members of volunteer fire and volunteer
ambulance companies serving one or more municipal corporations pursuant
to subdivision seven of section ninety-two-a of the general municipal
law, and their spouses and dependent children as defined by the regu-
lations of the president. Any such corporation, district, agency or
organization electing to participate in the plan shall be required to
pay: (A) its proportionate share of the expenses of administration of
the plan in such amounts and at such times as determined and fixed by
the president; AND (B) AT THE PRESIDENT'S DISCRETION, IF SUCH AMOUNT IS
NOT PAID ON THE DATE DUE, INTEREST FOR SUCH LATE PAYMENT AS DETERMINED
AND FIXED BY THE PRESIDENT BY REGULATION, WHICH IN NO CASE SHALL BE
GREATER THAN THE INTEREST INCURRED BY THE HEALTH INSURANCE PLAN AS A
RESULT OF SUCH LATE PAYMENT. All amounts payable for such expenses of
administration shall be paid to the commissioner of taxation and finance
and shall be applied to the reimbursement of funds previously advanced
for such purposes. Neither the state nor any other participant in the
plan shall be charged with the particular experience attributable to the
employees of the participant, and all dividends or retroactive rate
credits shall be distributed pro-rata based upon the number of employees
of such participant covered by the plan.
§ 2. This act shall take effect immediately.
PART Y
Section 1. The opening paragraph and paragraph 1 of subdivision b and
subdivision e of section 208-f of the general municipal law, paragraph 1
of subdivision b and subdivision e as added by chapter 472 of the laws
of 1978 and the opening paragraph of subdivision b as amended by chapter
782 of the laws of 2022, are amended and a new subdivision k is added to
read as follows:
The special accidental death benefit shall be paid by the COUNTY,
city, town or village which employed the deceased member at the time of
death, and shall consist of a pension which is equal to the salary of
the deceased member, reduced by the sum of each of the following bene-
fits received by the widow or widower or the deceased member's children
S. 4005 41 A. 3005
under the age of eighteen, if the widow or widower has died, or to the
deceased member's parents if the member has no widow, widower, children
under the age of eighteen, or a student under the age of twenty-three,
on account of the death of the deceased member:
1. Any death benefit and any supplementation thereto paid by the said
COUNTY, city, town or village in the form of a pension, and
e. There shall be appropriated to the [local assistance fund in the]
general fund [to the department of audit and control] an amount equal to
the special accidental death benefits paid pursuant to subdivisions b
and c of this section during each preceding state fiscal year, as certi-
fied to the comptroller by the appropriate municipal official, for the
purposes of reimbursing such special accidental death benefits.
The monies appropriated [to the department of audit and control] and
made available pursuant to this subdivision shall be paid under rules
and regulations adopted by the comptroller and subject to the approval
of the director of the budget upon the audit and warrant of the comp-
troller on vouchers certified or approved as provided by law.
K. IN THE CASE OF A DECEASED COUNTY MEMBER WHO DIED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION, THE PAYMENT OF THE BENEFIT TO THE
DECEASED MEMBER'S BENEFICIARIES PURSUANT TO SUBDIVISION F OF THIS
SECTION, SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS SUBDIVISION,
PROVIDED, HOWEVER THAT THE BENEFIT AMOUNT SHALL BE DEEMED TO HAVE BEEN
SUBJECT TO ANNUAL INCREASES PURSUANT TO SUBDIVISION B OF THIS SECTION
AND ESCALATION PURSUANT TO SUBDIVISION C OF THIS SECTION, FROM THE DATE
OF SUCH MEMBER'S DEATH.
§ 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART Z
Section 1. Paragraph (a) of subdivision 4 of section 94 of the execu-
tive law, as added by section 2 of part QQ of chapter 56 of the laws of
2022, is amended to read as follows:
(a) The first class of members of the commission shall serve stag-
gered terms to ensure continuity. For the first class of the commis-
sion, [five members shall serve a term of four years, three members
shall serve a term of two years, and one member shall serve a term of
one year. All subsequent members shall serve a term of four years] THE
GOVERNOR'S FIRST APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS,
THEIR SECOND APPOINTEE SHALL SERVE AN INITIAL TERM OF TWO YEARS, AND
THEIR THIRD APPOINTEE SHALL SERVE AN INITIAL TERM OF ONE YEAR; THE
ATTORNEY GENERAL'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE COMPTROLLER'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE TEMPORARY PRESIDENT OF THE SENATE'S FIRST APPOINTEE SHALL SERVE AN
INITIAL TERM OF FOUR YEARS AND THEIR SECOND APPOINTEE SHALL SERVE A TERM
OF TWO YEARS; THE MINORITY LEADER OF THE SENATE'S FIRST APPOINTEE SHALL
SERVE AN INITIAL TERM OF FOUR YEARS; THE SPEAKER OF THE ASSEMBLY'S FIRST
APPOINTEE SHALL SERVE INITIAL TERMS OF FOUR YEARS AND THEIR SECOND
APPOINTEE SHALL SERVE A TERM OF TWO YEARS; AND THE MINORITY LEADER OF
THE ASSEMBLY'S APPOINTEE SHALL SERVE A TERM OF FOUR YEARS. No member
shall be selected to the commission for more than two full consec-
utive terms, except that a member who has held the position by filling
a vacancy can only be selected to the commission for an additional two
full consecutive terms.
§ 2. This act shall take effect immediately.
S. 4005 42 A. 3005
PART AA
Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of
section 1115 of the tax law, as amended by section 1 of item A of
subpart H of part XXX of chapter 58 of the laws of 2020, is amended to
read as follows:
(A) "Tenant" means a person who, as lessee, enters into a space lease
with a landlord for a term of ten years or more commencing on or after
September first, two thousand five, but not later than, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (i) of subparagraph (D) of this paragraph, September
first, two thousand [twenty-three] TWENTY-EIGHT and, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (ii) of subparagraph (D) of this paragraph not later
than September first, two thousand [twenty-five] THIRTY, of premises for
use as commercial office space in buildings located or to be located in
the eligible areas. A person who currently occupies premises for use as
commercial office space under an existing lease in a building in the
eligible areas shall not be eligible for exemption under this subdivi-
sion unless such existing lease, in the case of a space lease with
respect to leased premises located in eligible areas as defined in
clause (i) of subparagraph (D) of this paragraph expires according to
its terms before September first, two thousand [twenty-three] TWENTY-
EIGHT or such existing lease, in the case of a space lease with respect
to leased premises located in eligible areas as defined in clause (ii)
of subparagraph (D) of this paragraph and such person enters into a
space lease, for a term of ten years or more commencing on or after
September first, two thousand five, of premises for use as commercial
office space in a building located or to be located in the eligible
areas, provided that such space lease with respect to leased premises
located in eligible areas as defined in clause (i) of subparagraph (D)
of this paragraph commences no later than September first, two thousand
[twenty-three] TWENTY-EIGHT, and provided that such space lease with
respect to leased premises located in eligible areas as defined in
clause (ii) of subparagraph (D) of this paragraph commences no later
than September first, two thousand [twenty-five] THIRTY and provided,
further, that such space lease shall expire no earlier than ten years
after the expiration of the original lease.
§ 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
tax law relating to exemptions from sales and use taxes, as amended by
section 2 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
§ 2. This act shall take effect September 1, 2005 and shall expire and
be deemed repealed on December 1, [2026] 2031, and shall apply to sales
made, uses occurring and services rendered on or after such effective
date, in accordance with the applicable transitional provisions of
sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
tax law, as added by section one of this act, shall expire and be deemed
repealed December 1, [2024] 2029.
§ 3. Paragraph 1 of subdivision (b) of section 25-s of the general
city law, as amended by section 3 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) non-residential premises that are wholly contained in property
that is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
S. 4005 43 A. 3005
benefits under such article except that such property is exempt from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such title two-D,
or the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, have not been satisfied, provided that applica-
tion for such benefits was made after May third, nineteen hundred eight-
y-five and prior to July first, two thousand [twenty-three]
TWENTY-EIGHT, that construction or renovation of such premises was
described in such application, that such premises have been substantial-
ly improved by such construction or renovation so described, that the
minimum required expenditure as defined in such title two-D or two-F,
whichever is applicable, has been made, and that such real property is
located in an eligible area; or
§ 4. Paragraph 3 of subdivision (b) of section 25-s of the general
city law, as amended by section 4 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 5. Paragraph 5 of subdivision (b) of section 25-s of the general
city law, as amended by section 5 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 6. Paragraph 2 of subdivision (c) of section 25-t of the general
city law, as amended by section 6 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(2) No eligible energy user, qualified eligible energy user, on-site
cogenerator, or clean on-site cogenerator shall receive a rebate pursu-
ant to this article until it has obtained a certification from the
appropriate city agency in accordance with a local law enacted pursuant
S. 4005 44 A. 3005
to this section. No such certification for a qualified eligible energy
user shall be issued on or after November first, two thousand. No such
certification of any other eligible energy user, on-site cogenerator, or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT.
§ 7. Paragraph 1 of subdivision (a) of section 25-aa of the general
city law, as amended by section 7 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such title except that such property is exempt from real
property taxation and the requirements of paragraph (b) of subdivision
seven of section four hundred eighty-nine-dddd of such title two-D, or
the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, of the real property tax law have not been
satisfied, provided that application for such benefits was made after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand [twenty-three] TWENTY-EIGHT, that
construction or renovation of such building or structure was described
in such application, that such building or structure has been substan-
tially improved by such construction or renovation, and (i) that the
minimum required expenditure as defined in such title has been made, or
(ii) where there is no applicable minimum required expenditure, the
building was constructed within such period or periods of time estab-
lished by title two-D or two-F, whichever is applicable, of article four
of the real property tax law for construction of a new building or
structure; or
§ 8. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the
general city law, as amended by section 8 of item A of subpart H of part
XXX of chapter 58 of the laws of 2020, are amended to read as follows:
(2) has obtained approval after the thirtieth day of June, nineteen
hundred ninety-five and before the first day of July, two thousand
[twenty-three] TWENTY-EIGHT, for financing by an industrial development
agency established pursuant to article eighteen-A of the general munici-
pal law, provided that such financing has been used in whole or in part
to substantially improve such building or structure by construction or
renovation, that expenditures have been made for improvements to such
real property in excess of twenty per centum of the value at which such
real property was assessed for tax purposes for the tax year in which
such improvements commenced, and that such expenditures have been made
within thirty-six months after the earlier of (i) the issuance by such
agency of bonds for such financing, or (ii) the conveyance of title to
such building or structure to such agency; or
(3) is owned by the city of New York or the New York state urban
development corporation, or a subsidiary corporation thereof, a lease
for which was approved in accordance with the applicable provisions of
the charter of such city or by the board of directors of such corpo-
ration, as the case may be, and such approval was obtained after the
thirtieth day of June, nineteen hundred ninety-five and before the first
day of July, two thousand [twenty-three] TWENTY-EIGHT, provided that
expenditures have been made for improvements to such real property in
excess of twenty per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, and that such expenditures have been made within thirty-six
months after the effective date of such lease; or
S. 4005 45 A. 3005
§ 9. Subdivision (f) of section 25-bb of the general city law, as
amended by section 9 of item A of subpart H of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
(f) Application and certification. An owner or lessee of a building or
structure located in an eligible revitalization area, or an agent of
such owner or lessee, may apply to such department of small business
services for certification that such building or structure is an eligi-
ble building or targeted eligible building meeting the criteria of
subdivision (a) or (q) of section twenty-five-aa of this article.
Application for such certification must be filed after the thirtieth day
of June, nineteen hundred ninety-five and before a building permit is
issued for the construction or renovation required by such subdivisions
and before the first day of July, two thousand [twenty-three] TWENTY-
EIGHT, provided that no certification for a targeted eligible building
shall be issued after October thirty-first, two thousand. Such applica-
tion shall identify expenditures to be made that will affect eligibility
under such subdivision (a) or (q). Upon completion of such expenditures,
an applicant shall supplement such application to provide information
(i) establishing that the criteria of such subdivision (a) or (q) have
been met; (ii) establishing a basis for determining the amount of
special rebates, including a basis for an allocation of the special
rebate among eligible revitalization area energy users purchasing or
otherwise receiving energy services from an eligible redistributor of
energy or a qualified eligible redistributor of energy; and (iii)
supporting an allocation of charges for energy services between eligible
charges and other charges. Such department shall certify a building or
structure as an eligible building or targeted eligible building after
receipt and review of such information and upon a determination that
such information establishes that the building or structure qualifies as
an eligible building or targeted eligible building. Such department
shall mail such certification or notice thereof to the applicant upon
issuance. Such certification shall remain in effect provided the eligi-
ble redistributor of energy or qualified eligible redistributor of ener-
gy reports any changes that materially affect the amount of the special
rebates to which it is entitled or the amount of reduction required by
subdivision (c) of this section in an energy services bill of an eligi-
ble revitalization area energy user and otherwise complies with the
requirements of this article. Such department shall notify the private
utility or public utility service required to make a special rebate to
such redistributor of the amount of such special rebate established at
the time of certification and any changes in such amount and any suspen-
sion or termination by such department of certification under this
subdivision. Such department may require some or all of the information
required as part of an application or other report be provided by a
licensed engineer.
§ 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 10 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) Non-residential premises that are wholly contained in property
that is eligible to obtain benefits under part four or part five of
subchapter two of chapter two of title eleven of this code, or would be
eligible to receive benefits under such chapter except that such proper-
ty is exempt from real property taxation and the requirements of para-
graph two of subdivision g of section 11-259 of this code, or the
requirements of subparagraph (b) of paragraph two of subdivision e of
S. 4005 46 A. 3005
section 11-270 of this code, whichever is applicable, have not been
satisfied, provided that application for such benefits was made after
May third, nineteen hundred eighty-five and prior to July first, two
thousand [twenty-three] TWENTY-EIGHT, that construction or renovation of
such premises was described in such application, that such premises have
been substantially improved by such construction or renovation so
described, that the minimum required expenditure as defined in such part
four or part five, whichever is applicable, has been made, and that such
real property is located in an eligible area; or
§ 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 11 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 12 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
trative code of the city of New York, as amended by section 13 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) No eligible energy user, qualified eligible energy user, on-site
cogenerator, clean on-site cogenerator or special eligible energy user
shall receive a rebate pursuant to this chapter until it has obtained a
certification as an eligible energy user, qualified eligible energy
user, on-site cogenerator, clean on-site cogenerator or special eligible
energy user, respectively, from the commissioner of small business
S. 4005 47 A. 3005
services. No such certification for a qualified eligible energy user
shall be issued on or after July first, two thousand three. No such
certification of any other eligible energy user, on-site cogenerator or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT. The commissioner of small busi-
ness services, after notice and hearing, may revoke a certification
issued pursuant to this subdivision where it is found that eligibility
criteria have not been met or that compliance with conditions for
continued eligibility has not been maintained. The corporation counsel
may maintain a civil action to recover an amount equal to any benefits
improperly obtained.
§ 14. Subparagraph (b-2) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 14 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(b-2) The amount of the special reduction allowed by this subdivision
with respect to a lease other than a sublease commencing between July
first, two thousand five and June thirtieth, two thousand [twenty-three]
TWENTY-EIGHT with an initial or renewal lease term of at least five
years shall be determined as follows:
(i) For the base year the amount of such special reduction shall be
equal to the base rent for the base year.
(ii) For the first, second, third and fourth twelve-month periods
following the base year the amount of such special reduction shall be
equal to the lesser of (A) the base rent for each such twelve-month
period or (B) the base rent for the base year.
§ 15. Subdivision 9 of section 499-aa of the real property tax law, as
amended by section 15 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
one, provided, however, that with respect to eligible premises defined
in subparagraph (i) of paragraph (b) of subdivision ten of this section,
the period commencing July first, two thousand and terminating June
thirtieth, two thousand [twenty-four] TWENTY-NINE, and provided,
further, however, that with respect to eligible premises defined in
subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten
of this section, the period commencing July first, two thousand five and
terminating June thirtieth, two thousand [twenty-four] TWENTY-NINE.
§ 16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
499-cc of the real property tax law, as amended by section 16 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(iii) With respect to the eligible premises defined in subparagraph
(ii) of paragraph (b) or paragraph (c) of subdivision ten of section
four hundred ninety-nine-aa of this title and for purposes of determin-
ing whether the amount of expenditures required by subdivision one of
this section have been satisfied, expenditures on improvements to the
common areas of an eligible building shall be included only if work on
such improvements commenced and the expenditures are made on or after
July first, two thousand five and on or before December thirty-first,
two thousand [twenty-four] TWENTY-NINE; provided, however, that expendi-
tures on improvements to the common areas of an eligible building made
prior to three years before the lease commencement date shall not be
included.
S. 4005 48 A. 3005
§ 17. Subdivisions 5 and 9 of section 499-a of the real property tax
law, as amended by section 17 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, are amended to read as follows:
5. "Benefit period." The period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than sixty months thereafter, provided, however, that with
respect to a lease commencing on or after April first, nineteen hundred
ninety-seven with an initial lease term of less than five years, but not
less than three years, the period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than thirty-six months thereafter. Notwithstanding the forego-
ing sentence, a benefit period shall expire no later than March thirty-
first, two thousand [thirty] THIRTY-FIVE.
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
[twenty-four] TWENTY-NINE.
§ 18. Paragraph (a) of subdivision 3 of section 499-c of the real
property tax law, as amended by section 18 of item A of subpart H of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
(a) For purposes of determining whether the amount of expenditures
required by subdivision one of this section have been satisfied, expend-
itures on improvements to the common areas of an eligible building shall
be included only if work on such improvements commenced and the expendi-
tures are made on or after April first, nineteen hundred ninety-five and
on or before September thirtieth, two thousand [twenty-four]
TWENTY-NINE; provided, however, that expenditures on improvements to the
common areas of an eligible building made prior to three years before
the lease commencement date shall not be included.
§ 19. Subdivision 8 of section 499-d of the real property tax law, as
amended by section 19 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
8. Leases commencing on or after April first, nineteen hundred nine-
ty-seven shall be subject to the provisions of this title as amended by
chapter six hundred twenty-nine of the laws of nineteen hundred ninety-
seven, chapter one hundred eighteen of the laws of two thousand one,
chapter four hundred forty of the laws of two thousand three, chapter
sixty of the laws of two thousand seven, chapter twenty-two of the laws
of two thousand ten, chapter fifty-nine of the laws of two thousand
fourteen, chapter twenty of the laws of two thousand fifteen, chapter
SIXTY-ONE of the laws of two thousand seventeen [and the], chapter
FIFTY-EIGHT of the laws of two thousand twenty, AND THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-THREE that amended this phrase. Notwith-
standing any other provision of law to the contrary, with respect to
leases commencing on or after April first, nineteen hundred ninety-sev-
en, an application for a certificate of abatement shall be considered
timely filed if filed within one hundred eighty days following the lease
commencement date or within sixty days following the date chapter six
hundred twenty-nine of the laws of nineteen hundred ninety-seven became
a law, whichever is later.
§ 20. Subparagraph (a) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 20 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(a) An eligible tenant of eligible taxable premises shall be allowed a
special reduction in determining the taxable base rent for such eligible
S. 4005 49 A. 3005
taxable premises. Such special reduction shall be allowed with respect
to the rent for such eligible taxable premises for a period not exceed-
ing sixty months or, with respect to a lease commencing on or after
April first, nineteen hundred ninety-seven with an initial lease term of
less than five years, but not less than three years, for a period not
exceeding thirty-six months, commencing on the rent commencement date
applicable to such eligible taxable premises, provided, however, that in
no event shall any special reduction be allowed for any period beginning
after March thirty-first, two thousand [thirty] THIRTY-FIVE. For
purposes of applying such special reduction, the base rent for the base
year shall, where necessary to determine the amount of the special
reduction allowable with respect to any number of months falling within
a tax period, be prorated by dividing the base rent for the base year by
twelve and multiplying the result by such number of months.
§ 21. This act shall take effect immediately, provided, however, that
if this act shall become a law after June 30, 2023, this act shall be
deemed to have been in full force and effect on and after June 30, 2023;
provided further, however, that the amendments to subparagraph (A) of
paragraph 7 of subdivision (ee) of section 1115 of the tax law made by
section one of this act shall not affect the repeal of such subdivision
and shall be repealed therewith.
PART BB
Section 1. Subdivision 12 of section 239-bb of the general municipal
law is REPEALED.
§ 2. This act shall take effect immediately.
PART CC
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
S. 4005 50 A. 3005
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Training, management and evaluation account (21961).
33. Clinical laboratory reference system assessment account (21962).
34. Indirect cost recovery account (21978).
35. Multi-agency training account (21989).
36. Bell jar collection account (22003).
37. Industry and utility service account (22004).
38. Real property disposition account (22006).
39. Parking account (22007).
40. Courts special grants (22008).
41. Asbestos safety training program account (22009).
42. Batavia school for the blind account (22032).
43. Investment services account (22034).
44. Surplus property account (22036).
45. Financial oversight account (22039).
46. Regulation of Indian gaming account (22046).
47. Rome school for the deaf account (22053).
48. Seized assets account (22054).
49. Administrative adjudication account (22055).
50. New York City assessment account (22062).
51. Cultural education account (22063).
52. Local services account (22078).
53. DHCR mortgage servicing account (22085).
54. Housing indirect cost recovery account (22090).
55. Voting Machine Examinations account (22099).
56. DHCR-HCA application fee account (22100).
57. Low income housing monitoring account (22130).
58. Restitution account (22134).
59. Corporation administration account (22135).
60. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
61. Deferred compensation administration account (22151).
62. Rent revenue other New York City account (22156).
63. Rent revenue account (22158).
64. Transportation aviation account (22165).
65. Tax revenue arrearage account (22168).
66. New York State Campaign Finance Fund account (22211).
67. New York state medical indemnity fund account (22240).
68. Behavioral health parity compliance fund (22246).
69. Pharmacy benefit manager regulatory fund (22255).
70. State university general income offset account (22654).
71. Lake George park trust fund account (22751).
72. Highway safety program account (23001).
73. DOH drinking water program account (23102).
74. NYCCC operating offset account (23151).
75. Commercial gaming revenue account (23701).
S. 4005 51 A. 3005
76. Commercial gaming regulation account (23702).
77. Highway use tax administration account (23801).
78. New York state secure choice administrative account (23806).
79. New York state cannabis revenue fund (24800).
80. Fantasy sports administration account (24951).
81. Mobile sports wagering fund (24955).
82. Highway and bridge capital account (30051).
83. State university residence hall rehabilitation fund (30100).
84. State parks infrastructure account (30351).
85. Clean water/clean air implementation fund (30500).
86. Hazardous waste remedial cleanup account (31506).
87. Youth facilities improvement account (31701).
88. Housing assistance fund (31800).
89. Housing program fund (31850).
90. Highway facility purpose account (31951).
91. New York racing account (32213).
92. Capital miscellaneous gifts account (32214).
93. Information technology capital financing account (32215).
94. New York environmental protection and spill remediation account
(32219).
95. Mental hygiene facilities capital improvement fund (32300).
96. Correctional facilities capital improvement fund (32350).
97. New York State Storm Recovery Capital Fund (33000).
98. OGS convention center account (50318).
99. Empire Plaza Gift Shop (50327).
100. Centralized services fund (55000).
101. Archives records management account (55052).
102. Federal single audit account (55053).
103. Civil service administration account (55055).
104. Civil service EHS occupational health program account (55056).
105. Banking services account (55057).
106. Cultural resources survey account (55058).
107. Neighborhood work project account (55059).
108. Automation & printing chargeback account (55060).
109. OFT NYT account (55061).
110. Data center account (55062).
111. Intrusion detection account (55066).
112. Domestic violence grant account (55067).
113. Centralized technology services account (55069).
114. Labor contact center account (55071).
115. Human services contact center account (55072).
116. Tax contact center account (55073).
117. Department of law civil recoveries account (55074).
118. Executive direction internal audit account (55251).
119. CIO Information technology centralized services account (55252).
120. Health insurance internal service account (55300).
121. Civil service employee benefits division administrative account
(55301).
122. Correctional industries revolving fund (55350).
123. Employees health insurance account (60201).
124. Medicaid management information system escrow fund (60900).
125. Virtual currency assessments account.
§ 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
S. 4005 52 A. 3005
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2024, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $1,175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,314,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $1,033,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $131,200,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $895,897,000 from the general fund to the mobile sports wagering
fund, education account (24955), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), to the state lottery fund, education account
(20901), as reimbursement for disbursements made from such fund for
supplemental aid to education pursuant to section 92-c of the state
finance law.
6. An amount up to the unencumbered balance in the fund on March 31,
2024 from the charitable gifts trust fund, elementary and secondary
S. 4005 53 A. 3005
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
7. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
8. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
11. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
12. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
13. $69,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2023 through March 31,
2024.
14. $5,160,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32222).
15. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
16. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
17. $30,013,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
5. $100,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $6,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
S. 4005 54 A. 3005
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $4,000,000 from the waste management & cleanup account (21053) to
the general fund.
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
12. Up to $10,000,000 from the general fund to the miscellaneous
special revenue fund, patron services account (22163).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $175,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $905,000,000 from the general fund to the housing program fund
(31850).
S. 4005 55 A. 3005
12. Up to $10,000,000 from any of the office of children and family
services special revenue federal funds to the office of the court admin-
istration special revenue other federal iv-e funds account.
General Government:
1. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
16. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
17. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
S. 4005 56 A. 3005
4. $8,940,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
6. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
7. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
8. $114,500,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
9. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
10. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
11. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the miscellaneous special revenue fund,
environmental laboratory fee account (21959).
12. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund to the general fund, for payment
of goods and services necessary to respond to a public health disaster
emergency or to assist or aid in responding to such a disaster.
13. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
14. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
15. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
16. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
17. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
18. $7,429,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
19. $1,117,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
20. $813,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
21. $313,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
22. $1,473,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
S. 4005 57 A. 3005
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
Mental Hygiene:
1. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
2. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
3. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account.
4. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account to the opioid settlement fund (23817).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
5. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
6. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
7. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
8. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
9. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
10. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
11. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
12. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
13. $14,400,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
14. $2,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account.
Transportation:
S. 4005 58 A. 3005
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
5. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
6. $8,250,000,000 from the special revenue federal fund, ARPA-Fiscal
Recovery Fund (25546) to the general fund, state purposes account
(10050) to cover eligible costs incurred by the state.
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2024:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
S. 4005 59 A. 3005
laneous special revenue fund account, to any miscellaneous special
revenue fund.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $4,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 4. On or before March 31, 2024, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement of bondable equipment for further
transfer to the state's general fund.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2024, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2024, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2024.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,226,598,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 through June 30, 2024 to support operations at
the state university.
S. 4005 60 A. 3005
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $62,340,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 to June 30, 2024 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit
pursuant to subdivision two of section six hundred sixty-nine-h of the
education law.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2024.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2024.
§ 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $100 million from each fund.
S. 4005 61 A. 3005
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $700 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2023-24 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 18. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
S. 4005 62 A. 3005
to the credit of the general fund up to $20,000,000 for the state fiscal
year commencing April 1, 2023, the proceeds of which will be utilized to
support energy-related state activities.
§ 19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2024.
§ 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2024 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twenty-two] TWENTY-THREE, the state comptroller is hereby authorized
and directed to deposit to the fund created pursuant to this section
from amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twenty-two] TWENTY-THREE.
§ 22. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2024, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $456,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $570,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $170,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $9,016,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $142,782,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $51,897,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
S. 4005 63 A. 3005
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 23. Section 60 of part FFF of chapter 56 of the laws of 2022
providing for the administration of certain funds and accounts related
to the 2022-2023 budget, is amended to read as follows:
§ 60. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty[,] AND twenty-two[, and twenty-three]
of this act shall expire March 31, 2023 when upon such [date] DATES the
provisions of such sections shall be deemed repealed; provided, further,
that the amendments to section 89-h of the state finance law made by
section twenty-eight of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; and provided, further,
that section twenty-eight-a of this act shall expire March 31, 2027.
§ 24. Subdivision 5 of section 183 of the military law, as amended by
section 2 of part O of chapter 55 of the laws of 2018, is amended to
read as follows:
5. All moneys paid as rent as provided in this section, together with
all sums paid to cover expenses of heating and lighting, shall be trans-
mitted by the officer in charge and control of the armory through the
adjutant general to the state treasury for deposit to the [agencies
enterprise fund] MISCELLANEOUS SPECIAL REVENUE FUND - 339 armory rental
account.
§ 25. Subdivision 2 of section 92-cc of the state finance law, as
amended by section 26 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [fifteen]
TWENTY per centum of the aggregate amount projected to be disbursed from
the [general fund] STATE OPERATING FUNDS during [the fiscal year imme-
diately following] the then-current fiscal year AS ESTIMATED IN THE
ENACTED BUDGET FINANCIAL PLAN. At the request of the director of the
budget, the state comptroller shall transfer monies to the rainy day
reserve fund up to and including an amount equivalent to [three] TEN per
centum of the aggregate amount projected to be disbursed from the
[general fund] STATE OPERATING FUNDS during the then-current fiscal year
AS ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, unless such transfer
would increase the rainy day reserve fund to an amount in excess of
[fifteen] TWENTY per centum of the aggregate amount projected to be
disbursed from the [general fund] STATE OPERATING FUNDS during the
[fiscal year immediately following the] then-current fiscal year AS
ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, in which event such
transfer shall be limited to such amount as will increase the rainy day
reserve fund to such [fifteen] TWENTY per centum limitation.
§ 26. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
S. 4005 64 A. 3005
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
§ 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 30 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [nine billion five hundred two
million seven hundred thirty-nine thousand dollars $9,502,739,000] NINE
BILLION EIGHT HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FIFTY-NINE THOU-
SAND DOLLARS $9,865,859,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [nine
billion five hundred two million seven hundred thirty-nine thousand
dollars $9,502,739,000] NINE BILLION EIGHT HUNDRED SIXTY-FIVE MILLION
EIGHT HUNDRED FIFTY-NINE THOUSAND DOLLARS $9,865,859,000, only if the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations to be issued shall not exceed the
present value of the aggregate debt service of the bonds, notes or other
obligations so to be refunded or repaid. For the purposes hereof, the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
S. 4005 65 A. 3005
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
§ 28. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 31 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [four
hundred twenty-six million one hundred thousand dollars $426,100,000]
FIVE HUNDRED THIRTY-EIGHT MILLION ONE HUNDRED THOUSAND DOLLARS
$538,100,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects including IT
initiatives for the division of state police, debt service and leases;
and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 29. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 32 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [eight billion one hundred seventy-one million one
hundred ten thousand dollars $8,171,110,000] NINE BILLION THREE HUNDRED
EIGHT MILLION TWO HUNDRED TEN THOUSAND DOLLARS $9,308,210,000, exclusive
of bonds issued to fund any debt service reserve funds, pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 30. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 33 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [three hundred eighty-three million five hundred thousand dollars
S. 4005 66 A. 3005
$383,500,000] FOUR HUNDRED SEVENTY-SIX MILLION FIVE HUNDRED THOUSAND
DOLLARS $476,500,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [one billion six hundred four million nine hundred eighty-six
thousand dollars $1,604,986,000] ONE BILLION SEVEN HUNDRED TEN MILLION
EIGHTY-SIX THOUSAND DOLLARS $1,710,086,000, excluding bonds issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued, for the purpose of financing improve-
ments to State office buildings and other facilities located statewide,
including the reimbursement of any disbursements made from the state
capital projects fund. Such bonds and notes of the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the corporation for debt service and related expenses
pursuant to any service contracts executed pursuant to subdivision (b)
of this section, and such bonds and notes shall contain on the face
thereof a statement to such effect.
§ 31. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 34 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [sixteen billion six hundred eleven million five hundred sixty-
four thousand dollars $16,611,564,000] SEVENTEEN BILLION NINE HUNDRED
THIRTY-SEVEN MILLION FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$17,937,564,000; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
S. 4005 67 A. 3005
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
§ 32. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 35 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [ten billion two hundred fifty-four
million six hundred eighty-six thousand dollars $10,254,686,000] TEN
BILLION EIGHT HUNDRED SEVENTY MILLION SIX HUNDRED FIFTY-TWO THOUSAND
DOLLARS $10,870,652,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the city university, and the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
§ 33. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 36 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
S. 4005 68 A. 3005
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion one
hundred twenty-three million one hundred forty thousand dollars
$1,123,140,000] ONE BILLION TWO HUNDRED TWENTY-SEVEN MILLION NINETY-
FIVE THOUSAND DOLLARS $1,227,095,000. Such amount shall be exclusive of
bonds and notes issued to fund any reserve fund or funds, costs of issu-
ance and to refund any outstanding bonds and notes, issued on behalf of
the state, relating to a locally sponsored community college.
§ 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 37 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [nine hundred sixty-two million
seven hundred fifteen thousand dollars $962,715,000] ONE BILLION FOUR-
TEEN MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000,
which authorization increases the aggregate principal amount of bonds,
notes and other obligations authorized by section 40 of chapter 309 of
the laws of 1996, and shall include all bonds, notes and other obli-
gations issued pursuant to chapter 211 of the laws of 1990, as amended
or supplemented. The proceeds of such bonds, notes or other obligations
shall be paid to the state, for deposit in the youth facilities improve-
ment fund OR THE CAPITAL PROJECTS FUND, to pay for all or any portion of
the amount or amounts paid by the state from appropriations or reappro-
priations made to the office of children and family services from the
youth facilities improvement fund for capital projects. The aggregate
amount of bonds, notes and other obligations authorized to be issued
pursuant to this section shall exclude bonds, notes or other obligations
issued to refund or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations made to the office of children and family services;
provided, however, that upon any such refunding or repayment the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than [nine hundred sixty-two million seven
hundred fifteen thousand dollars $962,715,000] ONE BILLION FOURTEEN
MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000, only
if the present value of the aggregate debt service of the refunding or
repayment bonds, notes or other obligations to be issued shall not
exceed the present value of the aggregate debt service of the bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that rate arrived at by doubling the semi-annual interest rate
(compounded semi-annually) necessary to discount the debt service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
S. 4005 69 A. 3005
ing estimated accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
§ 35. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 38 of part FFF
of chapter 56 of the laws of 2022, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [ten billion nine hundred forty-two million eight hundred
thirty-three thousand dollars $10,942,833,000] TWELVE BILLION FOUR
HUNDRED NINE MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS
$12,409,157,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding mental health services facilities improvement bonds
and mental health services facilities improvement notes; provided,
however, that upon any such refunding or repayment of mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than [ten
billion nine hundred forty-two million eight hundred thirty-three thou-
sand dollars $10,942,833,000] TWELVE MILLION FOUR HUNDRED NINE MILLION
ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS $12,409,157,000, only if,
except as hereinafter provided with respect to mental health services
facilities bonds and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private housing finance law,
the present value of the aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value of the
aggregate debt service of the bonds to be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations and of the
aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
S. 4005 70 A. 3005
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
useful life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case shall not
exceed thirty years and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy shall have the power and is hereby authorized to issue mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes to refund outstanding mental hygiene
improvement bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law and the amount of bonds
issued or outstanding for such purposes shall not be included for
purposes of determining the amount of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among the office of mental
health, office for people with developmental disabilities, and the
office of addiction services and supports, in consultation with their
respective commissioners to finance bondable appropriations previously
approved by the legislature.
§ 36. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 39 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [one hundred ninety-seven
million dollars $197,000,000] TWO HUNDRED FORTY-SEVEN MILLION DOLLARS
$247,000,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects for public
protection facilities in the Division of Military and Naval Affairs,
debt service and leases; and to reimburse the state general fund for
disbursements made therefor. Such bonds and notes of such authorized
issuer shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to such authorized issuer for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
S. 4005 71 A. 3005
§ 37. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 40 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 53. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the acquisition of equipment,
including but not limited to the creation or modernization of informa-
tion technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
or improvement of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed [three hundred ninety-three million dollars
$393,000,000] FOUR HUNDRED NINETY-THREE MILLION DOLLARS $493,000,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the urban development
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the acquisi-
tion of equipment, including but not limited to the creation or modern-
ization of information technology systems and related research and
development equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and labora-
tory equipment and other state costs associated with such capital
projects, the director of the budget is hereby authorized to enter into
one or more service contracts with the dormitory authority and the urban
development corporation, none of which shall exceed thirty years in
duration, upon such terms and conditions as the director of the budget
and the dormitory authority and the urban development corporation agree,
so as to annually provide to the dormitory authority and the urban
development corporation, in the aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that the obligation of the state to pay the amount therein provided
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned and pledged
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 38. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
S. 4005 72 A. 3005
establishment of the dedicated highway and bridge trust fund, as amended
by section 41 of part FFF of chapter 56 of the laws of 2022, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [thirteen
billion fifty-three million eight hundred eighty-one thousand dollars
$13,053,881,000] THIRTEEN BILLION EIGHT HUNDRED FORTY-SEVEN MILLION TWO
HUNDRED THIRTY-FOUR THOUSAND DOLLARS $13,847,234,000 cumulatively by the
end of fiscal year [2022-23] 2023-24. For purposes of this subdivision,
such projects shall be deemed to include capital grants to cities, towns
and villages for the reimbursement of eligible capital costs of local
highway and bridge projects within such municipality, where allocations
to cities, towns and villages are based on the total number of New York
or United States or interstate signed touring route miles for which such
municipality has capital maintenance responsibility, and where such
eligible capital costs include the costs of construction and repair of
highways, bridges, highway-railroad crossings, and other transportation
facilities for projects with a service life of ten years or more.
§ 39. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 42 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [three hundred thirty-three million
dollars $333,000,000] THREE HUNDRED FORTY-SEVEN MILLION DOLLARS
$347,000,000.
§ 40. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 43 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
S. 4005 73 A. 3005
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed [fourteen billion nine hundred sixty-eight million four
hundred two thousand dollars $14,968,402,000] SIXTEEN BILLION NINE
HUNDRED SEVENTY-TWO MILLION SIX HUNDRED TWO THOUSAND DOLLARS
$16,972,602,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority and the corpo-
ration shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
S. 4005 74 A. 3005
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects the director of the
budget is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and the corporation
agree, so as to annually provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract entered into pursuant to this section shall provide that the
obligation of the state to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to annual appro-
priation by the legislature. Any such contract or any payments made or
to be made thereunder may be assigned and pledged by the dormitory
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 41. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 44 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [ten
billion one hundred forty-seven million eight hundred sixty-three thou-
sand dollars $10,147,863,000] TWELVE BILLION THREE HUNDRED EIGHT MILLION
THREE HUNDRED ELEVEN THOUSAND DOLLARS $12,308,311,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 42. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 45 of part FFF of chapter 56
of the laws of 2022, is amended to read as follows:
S. 4005 75 A. 3005
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [thirteen billion eighty-two
million eight hundred ninety-one thousand dollars $13,082,891,000] THIR-
TEEN BILLION SEVEN HUNDRED MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS
$13,700,705,000, plus a principal amount of bonds issued to fund the
debt service reserve fund in accordance with the debt service reserve
fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 43. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 46 of part FFF of chapter 56 of the
laws of 2022, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, Native American Indian Nation schools, and other state
costs associated with such capital projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [three hundred one million seven hundred thousand dollars
$301,700,000] THREE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED NINETY-NINE
THOUSAND DOLLARS $321,799,000, excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the dormitory authority
and the urban development corporation shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
S. 4005 76 A. 3005
§ 44. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 47 of part FFF of chapter 56 of the
laws of 2022, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one billion one
hundred fifty-two million five hundred sixty-six thousand dollars
$1,152,566,000] ONE BILLION TWO HUNDRED EIGHTY-EIGHT MILLION EIGHT
HUNDRED FIFTY-TWO THOUSAND DOLLARS $1,288,852,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 45. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 48 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
S. 4005 77 A. 3005
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [nineteen billion seven hundred
seventy-six million nine hundred twenty thousand dollars
$19,776,920,000] TWENTY BILLION SIX HUNDRED FORTY-EIGHT MILLION FIVE
HUNDRED SEVEN THOUSAND DOLLARS $20,648,507,000, plus a principal amount
of bonds or notes: (A) to fund capital reserve funds; (B) to provide
capitalized interest; and, (C) to fund other costs of issuance. In
computing for the purposes of this subdivision, the aggregate amount of
indebtedness evidenced by bonds and notes of the authority issued pursu-
ant to this section, as amended by a chapter of the laws of nineteen
hundred ninety-six, there shall be excluded the amount of bonds or notes
issued that would constitute interest under the United States Internal
Revenue Code of 1986, as amended, and the amount of indebtedness issued
to refund or otherwise repay bonds or notes.
§ 46. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 50 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [four
billion six hundred fifty-three million dollars $4,653,000,000] FIVE
BILLION ONE HUNDRED FIFTY-THREE MILLION DOLLARS $5,153,000,000, exclud-
ing bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the urban development corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 47. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 51 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty
million eight hundred thirty thousand dollars ($40,830,000)] FORTY
MILLION NINE HUNDRED FORTY-FIVE THOUSAND DOLLARS $40,945,000, excluding
bonds issued to finance one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued, for the purpose
of financing the construction of the New York state agriculture and
S. 4005 78 A. 3005
markets food laboratory. Eligible project costs may include, but not be
limited to the cost of design, financing, site investigations, site
acquisition and preparation, demolition, construction, rehabilitation,
acquisition of machinery and equipment, and infrastructure improvements.
Such bonds and notes of such authorized issuers shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuers for debt service and related expenses pursuant
to any service contract executed pursuant to subdivision two of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 48. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
chapter 174 of the laws of 1968, constituting the New York state urban
development corporation act, as added by section 54 of part FFF of chap-
ter 56 of the laws of 2022, is amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue personal income tax revenue anticipation notes with
a maturity no later than March 31, [2023] 2024, in one or more series in
an aggregate principal amount for each fiscal year not to exceed three
billion dollars, and to pay costs of issuance of such notes, for the
purpose of temporarily financing budgetary needs of the state. Such
purpose shall constitute an authorized purpose under subdivision two of
section sixty-eight-a of the state finance law for all purposes of arti-
cle five-C of the state finance law with respect to the notes authorized
by this paragraph. Such notes shall not be renewed, extended or
refunded. For so long as any notes authorized by this paragraph shall be
outstanding, the restrictions, limitations and requirements contained in
article five-B of the state finance law shall not apply.
§ 49. Paragraph (c) of subdivision 1 of section 55-b of section 1 of
chapter 174 of the laws of 1968, constituting the New York state urban
development corporation act, as added by section 55 of part FFF of chap-
ter 56 of the laws of 2022, is amended to read as follows:
(c) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section 67-b of the state finance law, the dormitory authority
of the state of New York and the urban development corporation are
authorized until March 31, [2023] 2024 to: (i) enter into one or more
line of credit facilities not in excess of two billion dollars in aggre-
gate principal amount; (ii) draw, at one or more times at the direction
of the director of the budget, upon such line of credit facilities and
provide to the state the amounts so drawn for the purpose of assisting
the state to temporarily finance its budgetary needs; provided, however,
that the total principal amounts of such draws for each fiscal year
shall not exceed two billion dollars; and (iii) secure repayment of all
draws under such line of credit facilities and the payment of related
expenses and fees, which repayment and payment obligations shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
moneys are available and that no liability shall be incurred by the
state beyond the moneys available for such purpose, and that such
payment obligation is subject to annual appropriation by the legisla-
S. 4005 79 A. 3005
ture. Any line of credit facility agreements entered into by the dormi-
tory authority of the state of New York and/or the urban development
corporation with financial institutions pursuant to this section may
contain such provisions that the dormitory authority of the state of New
York and/or the urban development corporation deem necessary or desira-
ble for the establishment of such credit facilities. The maximum term
of any line of credit facility shall be one year from the date of incur-
rence; provided however that no draw on any such line of credit facility
shall occur after March 31, [2023] 2024, and provided further that any
such line of credit facility whose term extends beyond March 31, [2023]
2024 shall be supported by sufficient appropriation authority enacted by
the legislature that provides for the repayment of all amounts drawn and
remaining unpaid as of March 31, [2023] 2024, as well as the payment of
related expenses and fees incurred and to become due and payable by the
dormitory authority of the state of New York and/or the urban develop-
ment corporation.
§ 50. Subdivision 2 of section 58 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as added by section 56 of part FFF of chapter 56 of the laws
of 2022, is amended to read as follows:
2. Definitions. When used in this section:
(A) "Commission" shall mean the gateway development commission, a
bi-state commission and a body corporate and politic established by the
state of New Jersey and the state of New York, acting in the public
interest and exercising essential governmental functions in accordance
with the Gateway development commission act, and any successor thereto.
(B) "Federal transportation loan" shall mean one or more loans made to
the commission to finance the Hudson tunnel project under or pursuant to
any U.S. Department of Transportation program or act, including but not
limited to the Railroad Rehabilitation & Improvement Financing Program
or the Transportation Infrastructure Finance and Innovation Act, which
loan or loans are related to the state capital commitment.
(C) "Gateway development commission act" shall mean chapter 108 of the
laws of New York, 2019, as amended.
(D) "Gateway project" shall mean the Hudson tunnel project.
(E) "Hudson tunnel project" shall mean the project consisting of
construction of a tunnel connecting the states of New York and New
Jersey and the completion of certain ancillary facilities including
construction of concrete casing at Hudson Yards in Manhattan, New York
and the rehabilitation of the existing North River Tunnels.
(F) "State capital commitment" shall mean an aggregate principal
amount not to exceed [$2,350,000,000] $2,850,000,000, plus any interest
costs, including capitalized interest, and related expenses and fees
payable by the state of New York to the commission under one or more
service contracts or other agreements pursuant to this section, as well
as any expenses of the state incurred in connection therewith.
(G) "Related expenses and fees" shall mean commitment fees and other
ancillary costs, expenses and fees incurred, and to become due and paya-
ble, by the commission in connection with the Federal transportation
loan.
§ 51. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2024 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section fifty-three of this act,
S. 4005 80 A. 3005
provided that the annual amount of the transfer shall be no more than
the principal and interest that would have otherwise been due to the
power authority of the state of New York, from any state agency, in a
given state fiscal year. Amounts pertaining to special revenue accounts
assigned to the state university of New York shall be considered inter-
changeable between the designated special revenue accounts as to meet
the requirements of this section and section fifty-three of this act:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from the miscellaneous special revenue fund, state
university dormitory income reimbursable account (21937).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 52. Section 59 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 59 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 59. The dormitory authority of the state of New York, the New York
state urban development corporation, and the New York state thruway
authority are hereby authorized to issue bonds in one or more series
under either article 5-C or article 5-F of the state finance law for the
purpose of refunding obligations of the power authority of the state of
New York to fund energy efficiency projects at state agencies including,
but not limited to, the state university of New York, city university of
New York, the New York state office of general services, New York state
office of mental health, state education department, and New York state
department of agriculture and markets. The aggregate principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [two hundred million dollars ($200,000,000)] FOUR HUNDRED SEVEN-
TY-FIVE MILLION DOLLARS ($475,000,000), excluding bonds issued to pay
costs of issuance of such bonds and to refund or otherwise repay such
bonds. Such bonds issued by the dormitory authority of the state of New
York, the New York state urban development corporation, and New York
state thruway authority shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state under article 5-C or article
5-F of the state finance law, as applicable.
§ 53. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 49 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed twelve billion five
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the authority, the dormitory
S. 4005 81 A. 3005
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds. Notwithstanding any other provision of law to
the contrary, including the limitations contained in subdivision four of
section sixty-seven-b of the state finance law, (A) any bonds and notes
issued prior to April first, two thousand [twenty-three] TWENTY-FOUR
pursuant to this section may be issued with a maximum maturity of fifty
years, and (B) any bonds issued to refund such bonds and notes may be
issued with a maximum maturity of fifty years from the respective date
of original issuance of such bonds and notes.
§ 54. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as amended by section 46 of part JJ of chapter 56 of the
laws of 2020, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twenty-three.]
§ 55. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty and twenty-two, of this act shall
expire March 31, 2024 when upon such date the provisions of such
sections shall be deemed repealed.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.
2023-S4005A - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4005A - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2023-2024 state fiscal year; relates to the psychological testing of candidates; relates to expanding the geographic area of employment of certain police officers; relates to prisoner furloughs in certain cases and the crime of absconding therefrom
2023-S4005A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4005--A A. 3005--A
S E N A T E - A S S E M B L Y
February 1, 2023
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend chapter 887 of the laws of 1983, amending the correction
law relating to the psychological testing of candidates, in relation
to the effectiveness thereof; to amend chapter 428 of the laws of
1999, amending the executive law and the criminal procedure law relat-
ing to expanding the geographic area of employment of certain police
officers, in relation to extending the expiration of such chapter; to
amend chapter 886 of the laws of 1972, amending the correction law and
the penal law relating to prisoner furloughs in certain cases and the
crime of absconding therefrom, in relation to the effectiveness there-
of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in
relation to the effectiveness thereof; to amend chapter 339 of the
laws of 1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation to the effec-
tiveness thereof; to amend chapter 60 of the laws of 1994 relating to
certain provisions which impact upon expenditure of certain appropri-
ations made by chapter 50 of the laws of 1994 enacting the state oper-
ations budget, in relation to the effectiveness thereof; to amend
chapter 55 of the laws of 1992, amending the tax law and other laws
relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 907 of the laws of 1984, amending the correction law,
the New York city criminal court act and the executive law relating to
prison and jail housing and alternatives to detention and incarcera-
tion programs, in relation to extending the expiration of certain
provisions of such chapter; to amend chapter 166 of the laws of 1991,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-02-3
S. 4005--A 2 A. 3005--A
amending the tax law and other laws relating to taxes, in relation to
extending the expiration of certain provisions of such chapter; to
amend the vehicle and traffic law, in relation to extending the expi-
ration of the mandatory surcharge and victim assistance fee; to amend
chapter 713 of the laws of 1988, amending the vehicle and traffic law
relating to the ignition interlock device program, in relation to
extending the expiration thereof; to amend chapter 435 of the laws of
1997, amending the military law and other laws relating to various
provisions, in relation to extending the expiration date of the merit
provisions of the correction law and the penal law of such chapter; to
amend chapter 412 of the laws of 1999, amending the civil practice law
and rules and the court of claims act relating to prisoner litigation
reform, in relation to extending the expiration of the inmate filing
fee provisions of the civil practice law and rules and general filing
fee provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001 amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018, amending the criminal procedure law relating to the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); to amend the criminal procedure law,
in relation to setting bail (Part B); to amend the public health law,
in relation to authorizing body scanner utilization in the department
of corrections and community supervision and the office of children
and family services facilities (Part C); to amend the correction law,
in relation to lowering the minimum age for correction officers (Part
D); to amend the executive law, in relation to the reporting of
certain criminal offenses to a central repository (Part E); to amend
the penal law, in relation to certain crimes relating to the
possession of a firearm and the purchase and sale of body armor
S. 4005--A 3 A. 3005--A
(Subpart A); and to amend the penal law, in relation to the purchase
and sale of semiautomatic rifles (Subpart B) (Part F); to amend the
state finance law and executive law, in relation to establishing a
hazard mitigation revolving loan fund (Part G); to amend the volunteer
firefighters' benefit law, the general municipal law, the labor law,
and the civil service law, in relation to permitting the paying of a
nominal fee to volunteer firefighters (Part H); to amend the executive
law, in relation to a model domestic and gender-based violence policy;
and to repeal certain provisions of such law relating to a model
domestic violence policy for counties (Part I); to amend the military
law, in relation to the expansion of eligibility for World Trade
Center death and disability benefits for members of New York's organ-
ized militia (Part J); directing the state liquor authority to review
the alcoholic beverage control law and recommend legislative changes
(Part K); to amend the alcoholic beverage control law, in relation to
the issuance of temporary wholesale permits (Part L); to amend the
alcoholic beverage control law, in relation to changes of ownership of
a licensed business (Part M); to amend the alcoholic beverage control
law, in relation to notifying municipalities of the filing of certain
applications (Part N); to amend the alcoholic beverage control law, in
relation to the issuance of temporary retail permits, and to amend
chapter 396 of the laws of 2010 amending the alcoholic beverage
control law relating to liquidator's permits and temporary retail
permits, in relation to the effectiveness thereof (Part O); to amend
the county law and the judiciary law, in relation to entitled compen-
sation for client representation (Part P); to amend chapter 303 of the
laws of 1988, relating to the extension of the state commission on the
restoration of the capitol, in relation to extending such provisions
for an additional five years (Part Q); to amend the state finance law,
in relation to methods of procurement; and repealing certain
provisions of such law relating thereto (Part R); to amend the civil
service law, in relation to competitive workforce expansion and
retention (Part S); to amend the civil service law, in relation to
employment and transfer of certain persons with disabilities (Part T);
to amend the civil practice law and rules and the state finance law,
in relation to the rate of interest to be paid on judgment and accrued
claims (Part U); to amend part HH of chapter 56 of the laws of 2022
amending the retirement and social security law relating to waiving
approval and income limitations on retirees employed in school
districts and board of cooperative educational services, in relation
to the effectiveness thereof (Part V); to amend the retirement and
social security law, in relation to allowing participating employers
of the New York state and local retirement system to withdraw from the
contribution stabilization program (Part W); to amend the civil
service law, in relation to the ability to charge interest on past due
balances for the New York state health insurance program (Part X); to
amend the general municipal law, in relation to moving the special
accidental death benefit appropriation from the department of audit
and control to the general fund's miscellaneous all state department
and agencies (Part Y); to amend the executive law, in relation to the
first class of the commission on ethics and lobbying in government
(Part Z); to amend the tax law and part C of chapter 2 of the laws of
2005 amending the tax law relating to exemptions from sales and use
taxes, in relation to extending certain provisions thereof; to amend
the general city law and the administrative code of the city of New
York, in relation to extending certain provisions relating to special-
S. 4005--A 4 A. 3005--A
ly eligible premises and special rebates; to amend the administrative
code of the city of New York, in relation to extending certain
provisions relating to exemptions and deductions from base rent; to
amend the real property tax law, in relation to extending certain
provisions relating to eligibility periods and requirements; to amend
the real property tax law, in relation to extending certain
provisions relating to eligibility periods and requirements, benefit
periods and applications for abatements; and to amend the administra-
tive code of the city of New York, in relation to extending certain
provisions relating to a special reduction in determining the taxable
base rent (Part AA); to repeal subdivision 12 of section 239-bb of the
general municipal law relating to county-wide shared services panels
(Part BB); and to provide for the administration of certain funds and
accounts related to the 2023-2024 budget, authorizing certain payments
and transfers; to amend the state finance law, in relation to the
administration of certain funds and accounts; to amend part FFF of
chapter 56 of the laws of 2022 providing for the administration of
certain funds and accounts related to the 2022-2023 budget, in
relation to the effectiveness of certain provisions thereof; to amend
the military law, in relation to the deposit of funds for the use of
armories; to amend the state finance law, in relation to the rainy day
reserve fund; to amend part D of chapter 389 of the laws of 1997
relating to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of certain bonds or notes; to amend chapter 81 of the laws of
2002 relating to providing for the administration of certain funds and
accounts related to the 2002-2003 budget, in relation to the issuance
of certain bonds & notes; to amend part Y of chapter 61 of the laws of
2005, relating to providing for the administration of certain funds
and accounts related to the 2005-2006 budget, in relation to the issu-
ance of certain bonds or notes; to amend the public authorities law,
in relation to the issuance of certain bonds or notes; to amend the
New York state medical care facilities finance agency act, in relation
to the issuance of certain bonds or notes; to amend the New York state
urban development corporation act, in relation to the issuance of
certain bonds or notes; to amend chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the estab-
lishment of the dedicated highway and bridge trust fund, in relation
to the issuance of certain bonds or notes; to amend the public author-
ities law, in relation to the issuance of certain bonds or notes; to
amend the private housing finance law, in relation to housing program
bonds and notes; to amend part D of chapter 63 of the laws of
2005, relating to the composition and responsibilities of the New
York state higher education capital matching grant board, in relation
to increasing the amount of authorized matching capital grants; to
amend the New York state urban development corporation act, in
relation to the nonprofit infrastructure capital investment program;
to amend the New York state urban development corporation act, in
relation to personal income tax notes for 2024, in relation to author-
izing the dormitory authority of the state of New York and the urban
development corporation to enter into line of credit facilities for
2024, and in relation to state-supported debt issued during the 2024
fiscal year; to amend the state finance law, in relation to payments
of bonds; to amend the state finance law, in relation to the mental
health services fund; to amend the state finance law, in relation to
the issuance of revenue bonds; to amend the New York state urban
S. 4005--A 5 A. 3005--A
development corporation act, in relation to permitting the dormitory
authority, the New York state urban development corporation, and the
thruway authority to issue bonds for the purpose of refunding obli-
gations of the power authority of the state of New York to fund energy
efficiency projects at state agencies; to amend the public authorities
law, in relation to financing of metropolitan transportation authority
(MTA) transportation facilities; and providing for the repeal of
certain provisions upon expiration thereof (Part CC)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state public protection and general govern-
ment budget for the 2023-2024 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through CC. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2023] 2025.
§ 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2023] 2025, when it
shall expire and be deemed repealed.
§ 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025.
§ 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
S. 4005--A 6 A. 3005--A
§ 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2023] 2025 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and community supervision
shall report each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the standards in effect for earned eligibility during the prior
six-month period, the number of inmates subject to the provisions of
earned eligibility, the number who actually received certificates of
earned eligibility during that period of time, the number of inmates
with certificates who are granted parole upon their first consideration
for parole, the number with certificates who are denied parole upon
their first consideration, and the number of individuals granted and
denied parole who did not have earned eligibility certificates.
§ 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2023] 2025 and be applicable
to all persons entering the program on or before August 31, [2023] 2025.
§ 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
§ 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994, enacting the
state operations budget, as amended by section 7 of part A of chapter 55
of the laws of 2021, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2023] 2025; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
§ 8. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2023] 2025;
S. 4005--A 7 A. 3005--A
§ 9. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
§ 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2023] 2025 on which date those
provisions shall be deemed to be repealed.
§ 10. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2023] 2025, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2023] 2025 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
S. 4005--A 8 A. 3005--A
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty-three] TWENTY-
FIVE.
§ 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2023] 2025 when upon such date the provisions of this act shall be
deemed repealed.
§ 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2023] 2025;
§ 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2023]
2025, when upon such date it shall expire.
§ 15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
S. 4005--A 9 A. 3005--A
1996 and shall expire and be deemed repealed on September 1, [2023]
2025.
§ 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 18 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2023] 2025, when upon such
date the provisions of this act shall be deemed repealed.
§ 17. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part A of chapter 55 of the laws of 2021, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2023] 2025;
§ 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
inal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2023] 2025 when upon such date the provisions of this act
shall be deemed repealed.
§ 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2023] 2025, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
S. 4005--A 10 A. 3005--A
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
§ 20. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part A of chapter
55 of the laws of 2021, is amended to read as follows:
§ 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2023] 2025.
§ 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 3. This act shall take effect immediately; provided however that the
amendments made to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2023] 2025.
§ 22. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2023] 2025, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
§ 23. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 25 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2023] 2025, when it shall expire and
be deemed repealed.
§ 24. This act shall take effect immediately.
PART B
Section 1. The opening paragraph of subdivision 1 of section 510.10 of
the criminal procedure law, as amended by section 1 of subpart C of part
UU of chapter 56 of the laws of 2022, is amended and a new subdivision
1-a is added to read as follows:
When a principal, OTHER THAN A PRINCIPAL CHARGED WITH A QUALIFYING
OFFENSE FOR WHICH MONETARY BAIL IS AUTHORIZED UNDER THIS ARTICLE OR A
PRINCIPAL FOR WHOM THE COURT IS OTHERWISE AUTHORIZED TO FIX BAIL OR
COMMIT TO THE CUSTODY OF THE SHERIFF, whose future court attendance at a
criminal action or proceeding is or may be required, comes under the
S. 4005--A 11 A. 3005--A
control of a court, such court shall, in accordance with this title, by
a securing order release the principal on the principal's own recogni-
zance[,] OR release the principal under non-monetary conditions[, or,
where authorized, fix bail or commit the principal to the custody of the
sheriff]. In all such cases, except where another type of securing order
is shown to be required by law, the court shall release the principal
pending trial on the principal's own recognizance, unless it is demon-
strated and the court makes an individualized determination that the
principal poses a risk of flight to avoid prosecution. If such a finding
is made, the court must select the least restrictive alternative and
condition or conditions that will reasonably assure the principal's
return to court. The court shall explain its choice of release[,] OR
release with conditions[, bail or remand] on the record or in writing.
In making its determination, the court must consider and take into
account available information about the principal, including:
1-A. WHEN A PRINCIPAL, CHARGED WITH A QUALIFYING OFFENSE FOR WHICH
MONETARY BAIL IS AUTHORIZED UNDER THIS ARTICLE OR A PRINCIPAL FOR WHOM
THE COURT IS OTHERWISE AUTHORIZED TO FIX BAIL OR COMMIT TO THE CUSTODY
OF THE SHERIFF, WHOSE FUTURE COURT ATTENDANCE AT A CRIMINAL ACTION OR
PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A COURT,
SUCH COURT SHALL, IN ACCORDANCE WITH THIS TITLE, BY A SECURING ORDER
RELEASE THE PRINCIPAL ON THE PRINCIPAL'S OWN RECOGNIZANCE, RELEASE THE
PRINCIPAL UNDER NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCI-
PAL TO THE CUSTODY OF THE SHERIFF. THE COURT SHALL EXPLAIN ITS CHOICE OF
RELEASE, RELEASE WITH CONDITIONS, BAIL OR REMAND ON THE RECORD OR IN
WRITING. IN MAKING ITS DETERMINATION, THE COURT MUST CONSIDER AND TAKE
INTO ACCOUNT AVAILABLE INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
(A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
(C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
(D) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
ACT, OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
CRIMINAL PROSECUTION;
(F) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO POST
BAIL WITHOUT POSING UNDUE HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
(G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY COURT;
(H) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM;
(I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
(J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
A SECURING ORDER PENDING APPEAL, THE MERIT OR LACK OF MERIT OF THE
APPEAL.
§ 2. The opening paragraph of subdivision 1 of section 510.30 of the
criminal procedure law, as amended by section 2 of subpart C of part UU
of chapter 56 of the laws of 2022, is amended and a new subparagraph 1-a
is added to read as follows:
With respect to any principal, OTHER THAN A PRINCIPAL CHARGED WITH A
QUALIFYING OFFENSE FOR WHICH MONETARY BAIL IS AUTHORIZED UNDER THIS
ARTICLE OR A PRINCIPAL FOR WHOM THE COURT IS OTHERWISE AUTHORIZED TO FIX
S. 4005--A 12 A. 3005--A
BAIL OR COMMIT TO THE CUSTODY OF THE SHERIFF, the court in all cases,
unless otherwise provided by law, must impose the least restrictive kind
and degree of control or restriction that is necessary to secure the
principal's return to court when required. In determining that matter,
the court must, on the basis of available information, consider and take
into account information about the principal that is relevant to the
principal's return to court, including:
1-A. WHEN A PRINCIPAL, CHARGED WITH A QUALIFYING OFFENSE FOR WHICH
MONETARY BAIL IS AUTHORIZED UNDER THIS ARTICLE OR A PRINCIPAL FOR WHOM
THE COURT IS OTHERWISE AUTHORIZED TO FIX BAIL OR COMMIT TO THE CUSTODY
OF THE SHERIFF, WHOSE FUTURE COURT ATTENDANCE AT A CRIMINAL ACTION OR
PROCEEDING IS OR MAY BE REQUIRED, COMES UNDER THE CONTROL OF A COURT,
SUCH COURT SHALL, IN ACCORDANCE WITH THIS TITLE, BY A SECURING ORDER
RELEASE THE PRINCIPAL ON THE PRINCIPAL'S OWN RECOGNIZANCE, RELEASE THE
PRINCIPAL UNDER NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCI-
PAL TO THE CUSTODY OF THE SHERIFF. THE COURT SHALL EXPLAIN ITS CHOICE OF
RELEASE, RELEASE WITH CONDITIONS, BAIL OR REMAND ON THE RECORD OR IN
WRITING. IN MAKING ITS DETERMINATION, THE COURT MUST CONSIDER AND TAKE
INTO ACCOUNT AVAILABLE INFORMATION ABOUT THE PRINCIPAL, INCLUDING:
(A) THE PRINCIPAL'S ACTIVITIES AND HISTORY;
(B) IF THE PRINCIPAL IS A DEFENDANT, THE CHARGES FACING THE PRINCIPAL;
(C) THE PRINCIPAL'S CRIMINAL CONVICTION RECORD IF ANY;
(D) THE PRINCIPAL'S RECORD OF PREVIOUS ADJUDICATION AS A JUVENILE
DELINQUENT, AS RETAINED PURSUANT TO SECTION 354.1 OF THE FAMILY COURT
ACT, OR, OF PENDING CASES WHERE FINGERPRINTS ARE RETAINED PURSUANT TO
SECTION 306.1 OF SUCH ACT, OR A YOUTHFUL OFFENDER, IF ANY;
(E) THE PRINCIPAL'S PREVIOUS RECORD WITH RESPECT TO FLIGHT TO AVOID
CRIMINAL PROSECUTION;
(F) IF MONETARY BAIL IS AUTHORIZED, ACCORDING TO THE RESTRICTIONS SET
FORTH IN THIS TITLE, THE PRINCIPAL'S INDIVIDUAL FINANCIAL CIRCUMSTANCES,
AND, IN CASES WHERE BAIL IS AUTHORIZED, THE PRINCIPAL'S ABILITY TO POST
BAIL WITHOUT POSING UNDUE HARDSHIP, AS WELL AS HIS OR HER ABILITY TO
OBTAIN A SECURED, UNSECURED, OR PARTIALLY SECURED BOND;
(G) ANY VIOLATION BY THE PRINCIPAL OF AN ORDER OF PROTECTION ISSUED BY
ANY COURT;
(H) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM;
(I) WHETHER THE CHARGE IS ALLEGED TO HAVE CAUSED SERIOUS HARM TO AN
INDIVIDUAL OR GROUP OF INDIVIDUALS; AND
(J) IF THE PRINCIPAL IS A DEFENDANT, IN THE CASE OF AN APPLICATION FOR
A SECURING ORDER PENDING APPEAL, THE MERIT OR LACK OF MERIT OF THE
APPEAL.
§ 3. The opening paragraph of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, as amended by section 3 of
part UU of chapter 56 of the laws of 2020, is amended to read as
follows:
Where the principal stands charged with a qualifying offense FOR WHICH
MONETARY BAIL IS AUTHORIZED OR WHERE THE COURT IS OTHERWISE AUTHORIZED
TO FIX BAIL, the court, unless otherwise prohibited by law, may in its
discretion release the principal pending trial on the principal's own
recognizance or under non-monetary conditions, fix bail, or, where the
defendant is charged with a qualifying offense which is a felony, the
court may commit the principal to the custody of the sheriff. The court
shall explain its choice of release, release with conditions, bail or
remand on the record or in writing. A principal stands charged with a
qualifying offense when he or she stands charged with:
S. 4005--A 13 A. 3005--A
§ 4. The opening paragraph of subdivision 4 of section 530.40 of the
criminal procedure law, as amended by section 4 of part UU of chapter 56
of the laws of 2020, is amended to read as follows:
Where the principal stands charged with a qualifying offense FOR WHICH
MONETARY BAIL IS AUTHORIZED OR WHERE THE COURT IS OTHERWISE AUTHORIZED
TO FIX BAIL, the court, unless otherwise prohibited by law, may in its
discretion release the principal pending trial on the principal's own
recognizance or under non-monetary conditions, fix bail, or, where the
defendant is charged with a qualifying offense which is a felony, the
court may commit the principal to the custody of the sheriff. The court
shall explain its choice of release, release with conditions, bail or
remand on the record or in writing. A principal stands charged with a
qualifying offense for the purposes of this subdivision when he or she
stands charged with:
§ 5. This act shall take effect on the thirtieth day after it shall
have become a law.
PART C
Section 1. Subparagraphs (i) and (ii) of paragraph (a), paragraph (b),
subparagraphs (i), (ii), (iii) and (v) of paragraph (c), paragraph (e)
and the opening paragraph and subparagraphs (i) and (ii) of paragraph
(f) of subdivision 6 of section 3502 of the public health law, subpara-
graph (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii) and
(v) of paragraph (c), paragraph (e) and the opening paragraph of para-
graph (f) as added by chapter 313 of the laws of 2018, subparagraph (i)
of paragraph (a), subparagraph (ii) of paragraph (c), and subparagraphs
(i) and (ii) of paragraph (f) as amended by chapter 486 of the laws of
2022, are amended to read as follows:
(i) Notwithstanding the provisions of this section or any other
provision of law, rule or regulation to the contrary, licensed practi-
tioners, persons licensed under this article and unlicensed personnel
employed at a STATE OR local correctional facility, SECURE OR SPECIAL-
IZED SECURE DETENTION FACILITY, OR FACILITY FOR YOUTH PLACED WITH OR
COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES may, in a manner
permitted by the regulations promulgated pursuant to this subdivision,
utilize body imaging scanning equipment that applies ionizing radiation
to humans for purposes of screening [incarcerated] individuals DETAINED
IN OR committed to such facility AND VISITORS VISITING SUCH FACILITY, in
connection with the implementation of such facility's security program.
(ii) The utilization of such body imaging scanning equipment shall be
in accordance with regulations promulgated by the department, or FOR
LOCAL CORRECTIONAL FACILITIES in cities having a population of two
million or more, such utilization shall be in accordance with regu-
lations promulgated by the New York city department of health and mental
hygiene. THE STATE COMMISSION OF CORRECTION, IN CONSULTATION WITH THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES, SHALL PROMULGATE REGULATIONS ESTABLISHING
WHEN BODY IMAGING SCANNING EQUIPMENT WILL BE USED TO SCREEN VISITORS IN
STATE AND LOCAL CORRECTIONAL FACILITIES, SPECIALIZED SECURE DETENTION
FACILITIES, AND SECURE FACILITIES OPERATED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
PROMULGATE REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT
WILL BE USED TO SCREEN VISITORS IN SECURE DETENTION FACILITIES AND ALL
FACILITIES, OTHER THAN SECURE FACILITIES, OPERATED BY THE OFFICE.
S. 4005--A 14 A. 3005--A
(b) Prior to establishing, maintaining or operating in a STATE OR
local correctional facility, SECURE OR SPECIALIZED SECURE DETENTION
FACILITY, OR FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES, any body imaging scanning equipment,
the chief administrative officer of the facility shall ensure that such
facility is in compliance with the regulations promulgated pursuant to
this subdivision and otherwise applicable requirements for the installa-
tion, registration, maintenance, operation and inspection of body imag-
ing scanning equipment.
(i) A requirement that prior to operating body imaging scanning equip-
ment, unlicensed personnel employed at STATE OR local correctional
facilities, SECURE OR SPECIALIZED SECURE DETENTION FACILITIES, OR FACIL-
ITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES shall have successfully completed a training course
approved by the department, or FOR LOCAL CORRECTIONAL FACILITIES in
cities of two million or more, approved by the New York city department
of health and mental hygiene, and that such personnel receive additional
training on an annual basis;
(ii) Limitations on exposure which shall be no more than fifty percent
of the annual exposure limits for non-radiation workers as specified by
applicable regulations, except that [incarcerated] individuals under the
age of eighteen shall not be subject to more than five percent of such
annual exposure limits, and pregnant women shall not be subject to such
scanning at any time. Procedures for identifying pregnant women shall be
set forth in the regulations;
(iii) Registration with the department of each body imaging scanning
machine purchased or installed at a STATE OR local correctional
facility, SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY
FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY
SERVICES;
(v) A requirement that records be kept regarding each use of body
imaging scanning equipment by the STATE OR local correctional facility,
SECURE OR SPECIALIZED SECURE DETENTION FACILITY, OR FACILITY FOR YOUTH
PLACED WITH OR COMMITTED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
(e) For the purposes of this subdivision[,]:
(I) "[local] LOCAL correctional facility" shall have the same meaning
as found in subdivision sixteen of section two of the correction law.
(II) "STATE CORRECTIONAL FACILITY" SHALL MEAN A "CORRECTIONAL FACILI-
TY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
(III) "SECURE DETENTION FACILITY" SHALL MEAN A SECURE DETENTION FACIL-
ITY CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SECTION FIVE HUNDRED THREE OF THE EXECUTIVE LAW.
(IV) "SPECIALIZED SECURE DETENTION FACILITY" SHALL MEAN A FACILITY FOR
ADOLESCENT OFFENDERS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES IN CONSULTATION WITH THE STATE COMMISSION ON CORRECTION PURSU-
ANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED THREE OF THE EXECUTIVE
LAW.
(V) "FACILITY FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES" SHALL MEAN A FACILITY OPERATED PURSUANT TO
SECTION FIVE HUNDRED FOUR OF THE EXECUTIVE LAW.
Any local government agency that utilizes body imaging scanning equip-
ment in a STATE OR local correctional facility, SECURE DETENTION FACILI-
TY, OR SPECIALIZED SECURE DETENTION FACILITY under its jurisdiction
shall submit an annual report to the department, the speaker of the
assembly, and the temporary president of the senate. IF BODY IMAGING
SCANNING EQUIPMENT IS UTILIZED IN ONE OR MORE STATE CORRECTIONAL FACILI-
S. 4005--A 15 A. 3005--A
TIES OR FACILITIES FOR YOUTH PLACED WITH OR COMMITTED TO THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THEN THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION OR THE OFFICE OF CHILDREN AND FAMILY SERVICES, AS
APPLICABLE, SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER
OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. Such report
BY EITHER THE LOCAL GOVERNMENT AGENCY, THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, OR THE OFFICE OF CHILDREN AND FAMILY SERVICES
shall be submitted within eighteen months after the initial date of
registration of such equipment with the department, and annually there-
after, and shall contain the following information as to each such
facility:
(i) the number of times the equipment was used on [incarcerated] indi-
viduals DETAINED IN, COMMITTED TO OR VISITING THE FACILITY upon intake,
BEFORE VISITS, after visits, and upon the suspicion of contraband, as
well as any other event that triggers the use of such equipment;
(ii) the average, median, and highest number of times the equipment
was used on any [incarcerated] individual DETAINED IN, COMMITTED TO OR
VISITING THE FACILITY, with corresponding exposure levels;
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that the amendments to
subdivision 6 of section 3502 of the public health law made by section
one of this act shall not affect the repeal of such subdivision and
shall be deemed repealed therewith. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
PART D
Section 1. Subdivision 4 of section 7 of the correction law, as
amended by section 5 of subpart A of Part C of section 62 of the laws of
2011, is amended to read as follows:
4. The commissioner shall not appoint any person as a correction offi-
cer, UNLESS SUCH PERSON HAS ATTAINED HIS OR HER NINETEENTH BIRTHDAY, or
AS A parole officer, unless such person has attained his OR HER twenty-
first birthday.
§ 2. This act shall take effect immediately.
PART E
Section 1. The executive law is amended by adding a new section 236 to
read as follows:
§ 236. CRIMINAL OFFENSES INVOLVING THE DISCHARGE OF ANY FIREARM, SHOT-
GUN, OR RIFLE. THE DIVISION OF STATE POLICE SHALL MAINTAIN A STATEWIDE
REPOSITORY OF DATA RELATING TO CRIMINAL OFFENSES INVOLVING THE DISCHARGE
OF ANY FIREARM, SHOTGUN, OR RIFLE AND SHALL DEVELOP AND IMPLEMENT A
PROGRAM TO PROVIDE FOR THE COLLECTION OF SUCH DATA AND THE REPORTING
THEREOF BY LAW ENFORCEMENT AGENCIES. THE SUPERINTENDENT OF THE DIVISION
OF STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS PRESCRIBING
REPORTING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT AGENCIES,
INCLUDING THE FORM FOR REPORTING SUCH INFORMATION. DATA ACQUIRED BY LAW
ENFORCEMENT AGENCIES RELATING TO CRIMINAL OFFENSES INVOLVING THE
DISCHARGE OF ANY FIREARM, SHOTGUN, OR RIFLE SHALL BE SENT TO THE REPOSI-
TORY AS SOON AS PRACTICABLE, BUT IN NO CASE MORE THAN SEVENTY-TWO HOURS
AFTER THE AGENCY HAS DETERMINED THAT THE FIREARM, RIFLE, OR SHOTGUN
DISCHARGE OCCURRED IN CONNECTION WITH A CRIMINAL OFFENSE. IN ADDITION
S. 4005--A 16 A. 3005--A
TO ANY OTHER INFORMATION WHICH THE SUPERINTENDENT OF THE DIVISION OF
STATE POLICE MAY REQUIRE, THE REPORTING SHALL INCLUDE: (A) THE LOCATION
OF THE INCIDENT; (B) THE NATURE OF THE CRIMINAL OFFENSE AND THE CIRCUM-
STANCES OF THE FIREARM, RIFLE, OR SHOTGUN DISCHARGE; (C) THE NATURE AND
EXTENT OF ANY INJURIES SUFFERED AS A RESULT OF THE FIREARM, RIFLE, OR
SHOTGUN DISCHARGE; (D) THE FIREARM, RIFLE, OR SHOTGUN MANUFACTURER,
MODEL, SERIAL NUMBER, CALIBER, AND ANY AMMUNITION MICROSTAMPING IDENTI-
FIER; (E) WHETHER THE FIREARM, RIFLE, OR SHOTGUN HAS BEEN RECOVERED BY A
LAW ENFORCEMENT AGENCY; (F) WHETHER AN ARREST HAS BEEN MADE AND, IF SO,
THE CRIMES CHARGED; AND (G) ANY INFORMATION RELATED TO ANY AMMUNITION
CARTRIDGE CASES RECOVERED AT THE SCENE INCLUDING, BUT NOT LIMITED TO,
THE CALIBER AND MANUFACTURER.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART F
Section 1. This act enacts into law components of legislation relating
to firearms and body armor. Each component is wholly contained within a
Part identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section two
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. Section 265.01-e of the penal law, as added by chapter 371
of the laws of 2022, is amended to read as follows:
§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a
sensitive location.
1. A person is guilty of criminal possession of a firearm, rifle or
shotgun in a sensitive location when such person possesses a firearm,
rifle or shotgun in or upon a sensitive location, and such person knows
or reasonably should know such location is a sensitive location.
2. For the purposes of this section, a sensitive location shall mean:
(a) any place owned or under the control of federal, state or local
government, for the purpose of government administration, including
courts;
(b) any location providing health, behavioral health, or chemical
dependance care or services;
(c) any place of worship [or religious observation], EXCEPT FOR THOSE
PERSONS RESPONSIBLE FOR SECURITY AT SUCH PLACE OF WORSHIP;
(d) libraries, public playgrounds, public parks, and zoos;
(e) the location of any program licensed, regulated, certified, fund-
ed, or approved by the office of children and family services that
provides services to children, youth, or young adults, any legally
exempt childcare provider; a childcare program for which a permit to
operate such program has been issued by the department of health and
mental hygiene pursuant to the health code of the city of New York;
(f) nursery schools, preschools, and summer camps;
(g) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office for people with developmental disabili-
ties;
S. 4005--A 17 A. 3005--A
(h) the location of any program licensed, regulated, certified, oper-
ated, or funded by office of addiction services and supports;
(i) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of mental health;
(j) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of temporary and disability assistance;
(k) homeless shelters, runaway homeless youth shelters, family shel-
ters, shelters for adults, domestic violence shelters, and emergency
shelters, and residential programs for victims of domestic violence;
(l) residential settings licensed, certified, regulated, funded, or
operated by the department of health;
(m) in or upon any building or grounds, owned or leased, of any educa-
tional institutions, colleges and universities, licensed private career
schools, school districts, public schools, private schools licensed
under article one hundred one of the education law, charter schools,
non-public schools, board of cooperative educational services, special
act schools, preschool special education programs, private residential
or non-residential schools for the education of students with disabili-
ties, and any state-operated or state-supported schools;
(n) any place, conveyance, or vehicle used for public transportation
or public transit, subway cars, train cars, buses, ferries, railroad,
omnibus, marine or aviation transportation; or any facility used for or
in connection with service in the transportation of passengers,
airports, train stations, subway and rail stations, and bus terminals;
(o) any establishment [issued a] HOLDING AN ACTIVE license for
on-premise consumption pursuant to article four, four-A, five, or six of
the alcoholic beverage control law where alcohol is consumed and any
establishment licensed under article four of the cannabis law for
on-premise consumption;
(p) any place used for the performance, art entertainment, gaming, or
sporting events such as theaters, stadiums, racetracks, museums, amuse-
ment parks, performance venues, concerts, exhibits, conference centers,
banquet halls, and gaming facilities and video lottery terminal facili-
ties as licensed by the gaming commission;
(q) any location being used as a polling place;
(r) any public sidewalk or other public area restricted from general
public access for a limited time or special event that has been issued a
permit for such time or event by a governmental entity, or subject to
specific, heightened law enforcement protection, or has otherwise had
such access restricted by a governmental entity, provided such location
is identified as such by clear and conspicuous signage;
(s) any gathering of individuals to collectively express their consti-
tutional rights to protest or assemble;
(t) the area commonly known as Times Square, as such area is deter-
mined and identified by the city of New York; provided such area shall
be clearly and conspicuously identified with signage.
3. This section shall not apply to:
(a) [consistent with federal law, law enforcement who qualify to carry
under the federal law enforcement officers safety act,] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C 926B, OR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C.
926C;
(b) persons who are police officers as defined in subdivision thirty-
four of section 1.20 of the criminal procedure law;
S. 4005--A 18 A. 3005--A
(c) persons who are designated peace officers by section 2.10 of the
criminal procedure law;
(d) persons who were employed as police officers as defined in subdi-
vision thirty-four of section 1.20 of the criminal procedure law but are
retired;
(e) security guards as defined by and registered under article seven-A
of the general business law, who have been granted a special armed
registration card, while at the location of their employment and during
their work hours as such a security guard;
(f) active-duty military personnel;
(g) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties;
(h) a government employee under the express written consent of such
employee's supervising government entity for the purposes of natural
resource protection and management;
(i) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity, including hunter
education training] LICENSE, PERMIT OR LICENSE ISSUED BY THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, OR AS OTHERWISE AUTHORIZED PURSUANT TO
THE ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; [or]
(j) persons operating a program in a sensitive location out of their
residence, [as defined by this section,] which is licensed, certified,
authorized, or funded by the state or a municipality, so long as such
possession is in compliance with any rules or regulations applicable to
the operation of such program and use or storage of firearms;
(K) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT;
(L) PERSONS WHILE ENGAGED IN HISTORICAL REENACTMENTS OR MOTION PICTURE
OR THEATRICAL PRODUCTIONS;
(M) PERSONS, WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES,
RESPONSIBLE FOR STORAGE OR DISPLAY OF ANTIQUE FIREARMS, RIFLES OR SHOT-
GUNS AT MUSEUMS AND HISTORIC SITES;
(N) PERSONS WHILE PARTICIPATING IN MILITARY CEREMONIES, FUNERALS, AND
HONOR GUARDS; OR
(O) PERSONS WHILE LAWFULLY ENGAGING IN LEARNING, PRACTICING, TRAINING
FOR, COMPETING IN, OR TRAVELLING INTO OR WITHIN THE STATE TO LEARN,
PRACTICE, TRAIN FOR, OR COMPETE IN, THE SPORT OF BIATHLON.
4. FOR THE PURPOSES OF THIS SECTION, A "PUBLIC PARK" SHALL NOT INCLUDE
THOSE AREAS DESIGNATED AS AN "ADIRONDACK PARK" PURSUANT TO SUBDIVISION
ONE OF SECTION 9-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, OR DESIG-
NATED AS A "CATSKILL PARK" PURSUANT TO SUBDIVISION TWO OF SECTION 9-0101
OF THE ENVIRONMENTAL CONSERVATION LAW.
Criminal possession of a firearm, rifle or shotgun in a sensitive
location is a class E felony.
§ 2. Section 265.01-d of the penal law, as added by a chapter 371 of
the laws of 2022, is amended to read as follows:
§ 265.01-d Criminal possession of a weapon in a restricted location.
1. A person is guilty of criminal possession of a weapon in a
restricted location when such person possesses a firearm, rifle, or
shotgun and enters into or remains on or in private property where such
S. 4005--A 19 A. 3005--A
person knows or reasonably should know that the owner or lessee of such
property has not permitted such possession by clear and conspicuous
signage indicating that the carrying of firearms, rifles, or shotguns on
their property is permitted or [has] BY otherwise [given] GIVING express
consent.
2. This section shall not apply to:
(a) police officers as defined in section 1.20 of the criminal proce-
dure law;
(b) persons who are designated peace officers as defined in section
2.10 of the criminal procedure law;
(c) [persons who were employed as police officers as defined in
section 1.20 of the criminal procedure law, but are] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C. 926B, OR QUALIFIED retired LAW ENFORCEMENT OFFI-
CERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18
U.S.C. 926C;
(d) security guards as defined by and registered under article seven-A
of the general business law who has been granted a special armed regis-
tration card, while at the location of their employment and during their
work hours as such a security guard;
(e) active-duty military personnel;
(f) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties; [or]
(g) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity] LICENSE, PERMIT OR
LICENSE ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR AS
OTHERWISE AUTHORIZED PURSUANT TO SECTION 11-0707 AND 11-0709 OF THE
ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; OR
(H) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT.
Criminal possession of a weapon in a restricted location is a class E
felony.
§ 3. Subdivision 2 of section 265.45 of the penal law, as added by
chapter 371 of the laws of 2022, is amended to read as follows:
2. No person shall store or otherwise leave a rifle, shotgun, or
firearm out of [his or her] SUCH PERSON'S immediate possession or
control inside a vehicle without first removing the ammunition from and
securely locking such rifle, shotgun, or firearm in an appropriate safe
storage depository out of sight from outside of the vehicle; PROVIDED,
HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED
PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, QUALIFIED LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO
CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C. 926B, OR PERSONS IN THE
MILITARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN
ACTING IN THE COURSE OF SUCH PERSON'S OFFICIAL MILITARY DUTY OR EMPLOY-
MENT.
§ 4. Section 270.21 of the penal law, as amended by chapter 371 of the
laws of 2022, is amended to read as follows:
§ 270.21 Unlawful purchase of body armor IN THE SECOND DEGREE.
S. 4005--A 20 A. 3005--A
A person is guilty of the unlawful purchase of body armor IN THE
SECOND DEGREE when, not being engaged or employed in an eligible profes-
sion, they knowingly purchase or take possession of body armor, as such
term is defined in subdivision two of section 270.20 of this article.
This section shall not apply to individuals or entities engaged or
employed in eligible professions, which shall include police officers as
defined in section 1.20 of the criminal procedure law, peace officers as
defined in section 2.10 of the criminal procedure law, [persons in mili-
tary service in the state of New York or military or other service for
the United States,] and such other professions designated by the depart-
ment of state in accordance with section one hundred forty-four-a of the
executive law. AS IT RELATES TO KNOWINGLY TAKING POSSESSION OF BODY
ARMOR, THIS SECTION SHALL NOT APPLY TO PERSONS IN THE MILITARY SERVICE
FOR THE STATE OF NEW YORK OR MILITARY OR OTHER SERVICE FOR THE UNITED
STATES WHO ARE ISSUED BODY ARMOR AS A REQUIREMENT OF SUCH SERVICE.
"ELIGIBLE PROFESSIONS" SHALL NOT INCLUDE MEMBERS OF THE UNORGANIZED
MILITIA AS DEFINED PURSUANT TO SUBDIVISION TWO OF SECTION TWO OF THE
MILITARY LAW.
Unlawful purchase of body armor IN THE SECOND DEGREE is a class A
misdemeanor [for a first offense and a class E felony for any subsequent
offense].
§ 5. The penal law is amended by adding a new section 270.21-a to read
as follows:
§ 270.21-A UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST DEGREE.
A PERSON IS GUILTY OF THE UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST
DEGREE WHEN:
1. NOT BEING ENGAGED OR EMPLOYED IN AN ELIGIBLE PROFESSION, THEY KNOW-
INGLY PURCHASE OR TAKE POSSESSION OF BODY ARMOR, AS SUCH TERM IS DEFINED
IN SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE. THIS SECTION SHALL
NOT APPLY TO INDIVIDUALS OR ENTITIES ENGAGED OR EMPLOYED IN ELIGIBLE
PROFESSIONS, WHICH SHALL INCLUDE POLICE OFFICERS AS DEFINED IN SECTION
1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED IN SECTION
2.10 OF THE CRIMINAL PROCEDURE LAW, AND SUCH OTHER PROFESSIONS DESIG-
NATED BY THE DEPARTMENT OF STATE IN ACCORDANCE WITH SECTION ONE HUNDRED
FORTY-FOUR-A OF THE EXECUTIVE LAW. AS IT RELATES TO KNOWINGLY TAKING
POSSESSION OF BODY ARMOR, THIS SECTION SHALL NOT APPLY TO PERSONS IN THE
MILITARY SERVICE FOR THE STATE OF NEW YORK OR MILITARY OR OTHER SERVICE
FOR THE UNITED STATES WHO ARE ISSUED BODY ARMOR AS A REQUIREMENT OF SUCH
SERVICE. "ELIGIBLE PROFESSIONS" SHALL NOT INCLUDE MEMBERS OF THE UNOR-
GANIZED MILITIA AS DEFINED PURSUANT TO SUBDIVISION TWO OF SECTION TWO OF
THE MILITARY LAW; AND
2. HAS BEEN CONVICTED OF THE CRIME OF UNLAWFUL PURCHASE OF BODY ARMOR
IN THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
UNLAWFUL PURCHASE OF BODY ARMOR IN THE FIRST DEGREE IS A CLASS E FELO-
NY.
§ 6. Section 270.22 of the penal law, as amended by a chapter 371 of
the laws of 2022, is amended to read as follows:
§ 270.22 Unlawful sale of body armor IN THE SECOND DEGREE.
A person is guilty of the unlawful sale of body armor IN THE SECOND
DEGREE when they sell, exchange, give or dispose of body armor, as such
term is defined in subdivision two of section 270.20 of this article, to
an individual whom they know or reasonably should have known is not
engaged or employed in an eligible profession, as such term is defined
in section 270.21 of this article.
S. 4005--A 21 A. 3005--A
Unlawful sale of body armor IN THE SECOND DEGREE is a class A misde-
meanor [for the first offense and a class E felony for any subsequent
offense].
§ 7. The penal law is amended by adding a new section 270.22-a to read
as follows:
§ 270.22-A UNLAWFUL SALE OF BODY ARMOR IN THE FIRST DEGREE.
A PERSON IS GUILTY OF THE UNLAWFUL SALE OF BODY ARMOR IN THE FIRST
DEGREE WHEN:
1. THEY SELL, EXCHANGE, GIVE OR DISPOSE OF BODY ARMOR, AS SUCH TERM IS
DEFINED IN SUBDIVISION TWO OF SECTION 270.20 OF THIS ARTICLE, TO AN
INDIVIDUAL WHOM THEY KNOW OR REASONABLY SHOULD HAVE KNOWN IS NOT ENGAGED
OR EMPLOYED IN AN ELIGIBLE PROFESSION, AS SUCH TERM IS DEFINED IN
SECTION 270.21 OF THIS ARTICLE; AND
2. THEY HAVE BEEN CONVICTED OF THE CRIME OF UNLAWFUL SALE OF BODY
ARMOR IN THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
UNLAWFUL SALE OF BODY ARMOR IN THE FIRST DEGREE IS A CLASS E FELONY.
§ 8. This act shall take effect immediately.
SUBPART B
Section 1. Section 265.65 of the penal law, as added by chapter 212 of
the laws of 2022, is amended and a new section 265.65-a is added to read
as follows:
§ 265.65 Criminal purchase of a semiautomatic rifle IN THE SECOND
degree.
A person is guilty of criminal purchase of a semiautomatic rifle IN
THE SECOND DEGREE when [he or she] SUCH PERSON purchases or takes
possession of a semiautomatic rifle and does not possess a license to
purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. [Criminal purchase
of a semiautomatic rifle is a class A misdemeanor for the first offense
and a class E felony for subsequent offenses] THIS SECTION SHALL NOT
APPLY TO POLICE OFFICERS, AS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED
PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, EXCEPT THOSE
PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH SECTION TO CARRY OR
POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFORE HAS BEEN
ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, PERSONS IN THE MILI-
TARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN ACTING
IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR EMPLOYMENT, OR DEAL-
ERS IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION NINE OF SECTION
265.00 OF THIS ARTICLE.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE SECOND DEGREE IS A
CLASS A MISDEMEANOR.
§ 265.65-A CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE FIRST DEGREE WHEN SUCH PERSON:
1. PURCHASES OR TAKES POSSESSION OF A SEMIAUTOMATIC RIFLE AND DOES NOT
POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF SUCH SEMIAUTOMATIC
RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
THIS SECTION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED PURSUANT TO
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
PEACE OFFICERS AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, PERSONS IN THE MILITARY SERVICE OF THE UNITED STATES OR
THE STATE OF NEW YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILI-
S. 4005--A 22 A. 3005--A
TARY DUTIES OR EMPLOYMENT, OR DEALERS IN FIREARMS AS DEFINED PURSUANT TO
SUBDIVISION NINE OF SECTION 265.00 OF THIS ARTICLE; AND
2. HAS BEEN CONVICTED OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST DEGREE IS A
CLASS E FELONY.
§ 2. Section 265.66 of the penal law, as added by chapter 212 of the
laws of 2022, is amended to read as follows:
§ 265.66 Criminal sale of a semiautomatic rifle.
A person is guilty of criminal sale of a semiautomatic rifle when,
knowing or having reason to know it is a semiautomatic rifle, [he or
she] SUCH PERSON sells, exchanges, gives or disposes of a semiautomatic
rifle to another person and such other person does not possess a license
to purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. THIS SECTION SHALL
NOT APPLY TO A SALE, EXCHANGE, OR OTHER DISPOSITION OF A SEMIAUTOMATIC
RIFLE TO A PERSON WHO IS A POLICE OFFICER AS DEFINED PURSUANT TO SUBDI-
VISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A
PEACE OFFICER AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCE-
DURE LAW, EXCEPT THOSE PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH
SECTION TO CARRY OR POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE
THEREFORE HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, A
PERSON IN THE MILITARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW
YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR
EMPLOYMENT, OR A DEALER IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION
NINE OF SECTION 265.00 OF THIS ARTICLE.
Criminal sale of a semiautomatic rifle is a class E felony.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
§ 2. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART G
Section 1. The state finance law is amended by adding a new section
99-qq to read as follows:
§ 99-QQ. HAZARD MITIGATION STATE REVOLVING LOAN FUND. 1. THERE IS
HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE STATE COMPTROLLER A NEW
FUND TO BE KNOWN AS THE "HAZARD MITIGATION REVOLVING LOAN FUND".
2. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED THEREFORE, ALL
MONEYS RECEIVED BY THE STATE PURSUANT TO A CAPITALIZATION GRANT FROM THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN ACCORDANCE WITH THE SAFEGUARDING
TOMORROW THROUGH ONGOING RISK MITIGATION ACT OF 2020 (STORM ACT) (P.L.
116-284), PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE
FUND, AND INTEREST EARNED ON AMOUNTS IN THE FUND.
3. MONEYS OF THE ACCOUNT, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
TO MAKE LOANS PURSUANT TO SECTION SEVEN HUNDRED NINETEEN OF THE EXECU-
TIVE LAW.
§ 2. The executive law is amended by adding a new section 719 to read
as follows:
§ 719. LOANS FOR ELIGIBLE HAZARD MITIGATION ACTIVITIES. 1. THE
COMMISSIONER MAY MAKE LOANS TO LOCAL GOVERNMENTS FOR ELIGIBLE HAZARD
MITIGATION ACTIVITIES, AS DEFINED IN THE STORM ACT AND CORRESPONDING
FEDERAL REGULATIONS, TO REDUCE DISASTER RISKS FOR HOMEOWNERS, BUSI-
S. 4005--A 23 A. 3005--A
NESSES, NON-PROFIT ORGANIZATIONS, AND COMMUNITIES SUBJECT TO AVAILABLE
FUNDS FOR SUCH PURPOSE PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE
FINANCE LAW.
2. THE COMMISSIONER MAY MAKE LOANS UNDER THIS SECTION SUBJECT TO SUCH
OTHER TERMS AND CONDITIONS OF THE STORM ACT, AND RELATED FEDERAL AND
STATE RULES, REGULATIONS, POLICIES AND GUIDELINES.
§ 3. This act shall take effect immediately.
PART H
Section 1. Section 2 of the volunteer firefighters' benefit law, as
amended by chapter 476 of the laws of 2018, is amended to read as
follows:
§ 2. Purpose. One of the finest traditions of American community life
is the service which people render to others [without remuneration].
Volunteer firefighters have long been in the forefront of this group. In
recognition of the unselfish service by these volunteers, government has
undertaken to provide for them and their families some measure of
protection against loss from death or injuries in line of duty. Over the
years there has developed a dual system of benefits when volunteer fire-
fighters are killed or injured. The dual system has caused uncertainty
and confusion. This law establishes a new single system of benefits for
volunteer firefighters and provides for the administration of such
system by the workers' compensation board and the chairman of such
board.
It is hereby declared that this chapter is intended to effectuate the
objects and purposes of section eighteen of article one of the state
constitution and that the relationship between the political subdivision
liable for benefits under this chapter and a volunteer firefighter enti-
tled to such benefits is that of employer and employee within the mean-
ing of such provision of the state constitution.
§ 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit
law, as amended by chapter 458 of the laws of 1996, is amended to read
as follows:
3. "Line of duty" means the performance by a volunteer firefighter as
a volunteer firefighter of the duties and activities described in subdi-
vision one of section five of this chapter and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of the general municipal law
for which the volunteer firefighter does not receive any remuneration or
a gratuity and shall be deemed to include any date of injury as deter-
mined by the workers' compensation board pursuant to the provisions of
section forty-one of this chapter. The following shall not be deemed to
be remuneration or a gratuity: PAYMENT OF A NOMINAL FEE AS OUTLINED IN
SECTION TWO HUNDRED-AA OF THE GENERAL MUNICIPAL LAW; reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of the general municipal law, and the acceptance of transporta-
tion, food, drink, shelter, clothing and similar items while on duty or
engaged in such activities.
§ 3. The general municipal law is amended by adding a new section
200-aa to read as follows:
§ 200-AA. NOMINAL FEE FOR VOLUNTEER FIREFIGHTERS. 1. FOR PURPOSES OF
THIS SECTION:
S. 4005--A 24 A. 3005--A
(A) "FIRE COMPANY" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
(B) "NOMINAL FEE" MEANS PAYMENT TO A VOLUNTEER FIREFIGHTER OF A
STIPEND OR A FEE FOR A PER CALL OR ON CALL BASIS. THE PAYMENT OF THE
NOMINAL FEE IS NOT A SUBSTITUTE FOR COMPENSATION AND MUST NOT BE TIED TO
PRODUCTIVITY.
(C) "VOLUNTEER FIREFIGHTER" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
2. THE GOVERNING BOARD OF A CITY, TOWN, VILLAGE OR FIRE DISTRICT MAY,
BY LOCAL LAW, ORDINANCE OR RESOLUTION, AUTHORIZE A FIRE COMPANY TO
PROVIDE NOMINAL FEES TO VOLUNTEER FIREFIGHTERS FOR: (A) RESPONSE TO A
FIRE, ALARM OF FIRE, HAZARDOUS MATERIAL INCIDENT OR OTHER EMERGENCY TO
WHICH THEIR FIRE DEPARTMENT, FIRE COMPANY, OR ANY UNIT THEREOF, EITHER
HAS RESPONDED OR WOULD BE REQUIRED OR AUTHORIZED TO RESPOND; AND (B) FOR
COMPLETION OF CERTAIN TRAINING, AS IDENTIFIED AND PUBLISHED BY THE
OFFICE OF FIRE PREVENTION AND CONTROL.
3. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY MAKE AVAILABLE STATE
FUNDS THROUGH A STIPEND TO VOLUNTEER FIREFIGHTERS FOR COMPLETION OF
CERTAIN FIREFIGHTER TRAINING, AS IDENTIFIED AND PUBLISHED BY THE OFFICE
OF FIRE PREVENTION AND CONTROL.
§ 4. Subdivision 2 of section 517 of the labor law is amended by
adding a new paragraph (j) to read as follows:
(J) ANY NOMINAL FEE PAID TO A VOLUNTEER FIREFIGHTER PURSUANT TO
SECTION TWO HUNDRED-AA OF THE GENERAL MUNICIPAL LAW.
§ 5. Subparagraph (m) of the opening paragraph of subdivision 5 of
section 651 of the labor law, as amended by chapter 105 of the laws of
2019, is amended to read as follows:
(m) by a federal, state or municipal government or political subdivi-
sion thereof, INCLUDING VOLUNTEER FIREFIGHTERS AS DEFINED IN SECTION
THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW;
§ 6. Section 35 of the civil service law is amended by adding a new
subdivision (l) to read as follows:
(L) ALL VOLUNTEER FIREFIGHTERS AS DEFINED BY SECTION THREE OF THE
VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
§ 7. Subdivision 7 of section 201 of the civil service law is amended
by adding a new paragraph (h) to read as follows:
(H) THE TERM "PUBLIC EMPLOYEE" SHALL NOT MEAN A VOLUNTEER FIREFIGHTER
AS DEFINED BY SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW
FOR PURPOSES OF THIS ARTICLE.
§ 8. Paragraph (c) of subdivision 1 of section 205-g of the general
municipal law, as added by chapter 559 of the laws of 2006, is amended
to read as follows:
c. "Line of duty" means the performance by a volunteer firefighter of
the duties and activities described in subdivision one of section five
of the volunteer firefighters' benefit law and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of this article for which the
volunteer firefighter does not receive any remuneration or a gratuity
and shall be deemed to include any date of injury as determined by the
workers' compensation board pursuant to the provisions of section
forty-one of the volunteer firefighters' benefit law. The following
shall not be deemed to be remuneration or a gratuity: reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of this chapter, [and] the acceptance of transportation, food,
S. 4005--A 25 A. 3005--A
drink, shelter, clothing and similar items while on duty or engaged in
such activities; AND PAYMENT OF A NOMINAL FEE AS OUTLINED IN SECTION
200-AA OF THIS ARTICLE.
§ 9. Section 209-d of the general municipal law, as amended by chapter
476 of the laws of 2018, is amended to read as follows:
§ 209-d. Contracts for outside service by volunteer fire departments
and companies. Notwithstanding any other provision of law, no contract
shall be made by a municipality or fire district whereby the services of
a volunteer fire department or company are to be supplied outside of
such municipality or fire district to provide (1) fire protection, (2)
emergency service in case of accidents, calamities or other emergencies,
or (3) general ambulance service pursuant to the provisions of section
two hundred nine-b of this article, unless such volunteer fire depart-
ment or company consents thereto. Any such contract may provide for the
payment of a portion of the consideration expressed therein to such
volunteer fire department or company to be expended for fire department
or company purposes only. If the municipality or fire district owns all
of the fire apparatus to be used in carrying out the contract, the
portion of the consideration which may be paid to such volunteer fire
department or company shall not exceed thirty-five per centum, unless a
greater portion was being so paid on March fifteenth, nineteen hundred
forty-one, under a contract entered into on or before that date, in
which event a not greater portion than was being paid on said date may
be paid to such volunteer fire department or company in respect to any
contract entered into on or after such date. No payments shall be made
to individual volunteer firefighters as compensation for rendering such
outside service. THE PAYMENT OF A NOMINAL FEE TO A VOLUNTEER FIREFIGHTER
PURSUANT TO SECTION TWO HUNDRED-AA OF THIS ARTICLE SHALL NOT CONSTITUTE
COMPENSATION FOR RENDERING SUCH OUTSIDE SERVICE.
§ 10. This act shall take effect immediately.
PART I
Section 1. Subdivision 7 of section 575 of the executive law is
REPEALED and a new subdivision 7 is added to read as follows:
7. MODEL DOMESTIC AND GENDER-BASED VIOLENCE POLICY FOR NEW YORK STATE
AND ITS COUNTIES. (A) THE OFFICE SHALL CONVENE A TASK FORCE OF STATE AND
COUNTY LEVEL MUNICIPAL OFFICIALS, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING: COMMISSIONERS OF LOCAL DEPARTMENTS OF SOCIAL SERVICES,
MEMBERS OF THE JUDICIARY OR THEIR REPRESENTATIVES, DIRECTORS OF DOMESTIC
VIOLENCE PROGRAMS, REPRESENTATIVES FROM STATEWIDE AND NATIONAL ADVOCACY
ORGANIZATIONS FOR THE PREVENTION OF DOMESTIC AND GENDER-BASED VIOLENCE,
INCLUDING THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE AND THE
NEW YORK STATE COALITION AGAINST SEXUAL ASSAULT, DIRECTORS OF SEXUAL
VIOLENCE PROGRAMS, REPRESENTATIVES FROM STATEWIDE AND NATIONAL ADVOCACY
ORGANIZATIONS FOR THE PREVENTION OF SEXUAL VIOLENCE, LOCAL HOSPITALS,
HEALTH AND MENTAL HEALTH PROFESSIONALS, REPRESENTATIVES FROM CONTINUUMS
OF CARE AND OTHER HOUSING PROVIDERS, LOCAL POLICE DEPARTMENT CHIEFS,
DIRECTORS OF COUNTY DEPARTMENTS OF PROBATION, EDUCATION REPRESENTATIVES,
STATE AGENCY PARTNERS OVERSEEING PROGRAMS AND FUNDING FOR VICTIMS OF
GENDER-BASED VIOLENCE, INCLUDING COMMISSIONERS OR DELEGATES FROM THE
OFFICE OF VICTIM SERVICES, THE OFFICE OF CHILDREN AND FAMILY SERVICES,
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE DEPARTMENT OF
HEALTH, THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND MEMBERS OF THE
NEW YORK STATE INTERAGENCY TASK FORCE AGAINST HUMAN TRAFFICKING. IN
SELECTING TASK FORCE MEMBERS, THE OFFICE SHALL SEEK DIVERSITY IN REPRE-
S. 4005--A 26 A. 3005--A
SENTATION IN MEMBERSHIP BY PEOPLE FROM INTERSECTIONAL IDENTITIES WHICH
CAN INCLUDE DIVERSE CULTURES, BELIEFS, ABILITIES AND GEOGRAPHIC REGION
OR THOSE WHO HAVE WORKED WITH CULTURALLY SPECIFIC OR POPULATION SPECIFIC
SURVIVORS.
(B) THE PURPOSE OF THE TASK FORCE SHALL BE TO DEVELOP A MODEL DOMESTIC
AND GENDER-BASED VIOLENCE POLICY FOR COUNTIES AND THE STATE THAT FOSTERS
A SURVIVOR-CENTERED, CULTURALLY RESPONSIVE, AND TRAUMA-INFORMED RESPONSE
ACROSS ALL SYSTEMS PROVIDING SERVICES TO VICTIMS OF DOMESTIC AND
GENDER-BASED VIOLENCE, BY ASSURING THAT BEST PRACTICES, POLICIES, PROTO-
COLS AND PROCEDURES ARE USED TO ADDRESS THE ISSUE OF DOMESTIC AND
GENDER-BASED VIOLENCE. SUCH POLICY SHALL ALSO ADDRESS, INCLUDING, BUT
NOT LIMITED TO:
(I) HOW SURVIVORS ARE REFERRED TO OR ACCESS SERVICES, WITH THE GOAL OF
CREATING UNIFORM RESPONSE BY SOCIAL SERVICES DISTRICTS AND COMMUNITY-
BASED PROVIDERS, HOSPITALS AND MEDICAL PROVIDERS, MENTAL HEALTH AND
SUBSTANCE USE PROVIDERS, INCLUDING IDENTIFICATION, ASSESSMENT, INTER-
VENTION AND REFERRAL POLICIES AND RESPONSES TO VICTIMS AND PERSONS WHO
CAUSE HARM;
(II) CREATING UNIFORM RESPONSE AND INVESTIGATION BY POLICE AGENCIES
AND OTHER CRIMINAL JUSTICE AGENCIES TO GENDER-BASED VIOLENCE, INCLUDING
USE OF DOMESTIC INCIDENT REPORTS, SCREENING TOOLS AND ASSESSMENTS,
DISPOSITION OF DOMESTIC VIOLENCE COMPLAINTS, THE PROVISION OF INFORMA-
TION AND ORDERS OF PROTECTION;
(III) TRAINING AND APPROPRIATE AND RELEVANT MEASURES FOR PERIODIC
EVALUATION OF COMMUNITY EFFORTS BETWEEN THE OFFICE AND OTHER STATE AGEN-
CIES HAVING OVERSIGHT OVER ANY LOCAL SYSTEM; AND
(IV) OTHER ISSUES AS SHALL BE APPROPRIATE AND RELEVANT FOR THE TASK
FORCE TO DEVELOP SUCH POLICY.
(C) THE OFFICE SHALL CONVENE A PUBLIC HEARING FOR MEMBERS OF THE TASK
FORCE TO RECEIVE INPUT INTO THE MODEL POLICY DEVELOPED PURSUANT TO THIS
SUBDIVISION, AFTER WHICH THE OFFICE SHALL DRAFT SUCH POLICY WITH INPUT
FROM THE TASK FORCE. SUCH DRAFT SHALL BE CIRCULATED FOR REVIEW BY THE
PUBLIC NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-FOUR AND
AMENDED AS NECESSARY TO REFLECT WRITTEN COMMENTS RECEIVED.
(D) THE MODEL POLICY DEVELOPED PURSUANT TO THIS SUBDIVISION SHALL BE
REVIEWED AND APPROVED BY THE ADVISORY COUNCIL, AND ONCE APPROVED, SUCH
MODEL POLICY SHALL BE POSTED ON THE OFFICE'S WEBSITE.
(E) NOTIFICATION OF THE AVAILABILITY OF THE MODEL DOMESTIC AND
GENDER-BASED VIOLENCE POLICY DEVELOPED PURSUANT TO THIS SUBDIVISION
SHALL BE MADE BY THE OFFICE TO EVERY COUNTY AND EXECUTIVE STATE AGENCY
IN THE STATE. UPON NOTIFICATION OF THE AVAILABILITY OF SUCH MODEL POLI-
CY, THE OFFICE SHALL SET REASONABLE TIMEFRAMES FOR THE SUBMISSION,
REVIEW, AND ADOPTION OF ALL LOCAL POLICIES, WHICH SHALL BE ADOPTED NO
LATER THAN SIX MONTHS AFTER THE DISSEMINATION OF SUCH MODEL POLICY.
(F) UPON ADOPTION OF THE MODEL POLICY DEVELOPED PURSUANT TO THIS
SUBDIVISION, EVERY COUNTY AND EXECUTIVE STATE AGENCY IN THE STATE SHALL
SUBMIT A CERTIFICATION TO THE OFFICE.
(G) THE OFFICE SHALL PROVIDE TRAINING, TECHNICAL SUPPORT, AND INFORMA-
TION TO IMPLEMENT THE DEVELOPMENT OF THE MODEL POLICY DEVELOPED PURSUANT
TO THIS SUBDIVISION.
(H) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO PREVENT
THE GOVERNING BODY OF A COUNTY OR LOCALITY FROM DESIGNATING A LOCAL
ADVISORY COMMITTEE TO INVESTIGATE THE ISSUES, WORK WITH PROVIDERS OF
DOMESTIC AND GENDER-BASED VIOLENCE PROGRAMS AND OTHER INTERESTED
PARTIES, AND TO AID IN THE IMPLEMENTATION OF THE POLICY REQUIRED BY THIS
SUBDIVISION. SUCH GOVERNING BODY OR ADVISORY COMMITTEE MAY REQUEST AND
S. 4005--A 27 A. 3005--A
SHALL RECEIVE TECHNICAL ASSISTANCE FROM THE OFFICE FOR THE DEVELOPMENT
OF SUCH A POLICY. IMPLEMENTATION OF THE MODEL DOMESTIC VIOLENCE POLICY
MAY TAKE PLACE IN A FORM CONSIDERED APPROPRIATE BY THE GOVERNING BODY OF
A COUNTY, INCLUDING GUIDELINES, REGULATIONS AND LOCAL LAWS.
(I) THE OFFICE, IN CONJUNCTION WITH ANY STATE AGENCY HAVING OVERSIGHT
OVER ANY LOCAL SYSTEM, SHALL HAVE AUTHORITY TO OVERSEE COMPLIANCE WITH
THE MODEL POLICY DEVELOPED PURSUANT TO THIS SUBDIVISION AND, UPON
DISCOVERING ANY COMPLIANCE CONCERNS, TO REQUIRE CORRECTIVE ACTIONS TO
COME INTO COMPLIANCE WITH SUCH POLICY. THE OFFICE SHALL SURVEY COUNTY
GOVERNMENTS EVERY FIVE YEARS AFTER THE ISSUANCE OF SUCH POLICY TO EVALU-
ATE THE EFFECTIVENESS OF SUCH POLICY, TO DETERMINE THE LEVEL OF COMPLI-
ANCE WITH SUCH MODEL DOMESTIC AND GENDER-BASED VIOLENCE POLICY, AND
IDENTIFY ANY ADDITIONAL STEPS NECESSARY TO AID IN THE IMPLEMENTATION OF
SUCH POLICY.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART J
Section 1. Subdivisions 1 and 2 of section 217 of the military law,
subdivision 1 as amended by chapter 141 of the laws of 1988, and subdi-
vision 2 as amended by chapter 63 of the laws of 1976, are amended to
read as follows:
1. Any member of the organized militia who (A) shall be disabled or
has been so disabled in the performance of any actual service of this
state within three years preceding the application for a pension under
this chapter, in case of riots, tumults, breach of the peace, resistance
to process, invasion, insurrection or imminent danger thereof, or when-
ever called upon in aid of the civil authorities, or while engaged in
any lawfully ordered parade, drill, encampment or inspection, shall,
upon proof of the fact, as hereinafter provided, be placed on the disa-
bility retired roll of the state and shall receive out of any moneys in
the treasury of the state, not otherwise appropriated, upon the approval
of the chief of staff and approval of the governor, the same pension or
reward that persons under similar circumstances receive from the United
States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHO IS DETERMINED TO HAVE INCURRED A QUALIFYING WORLD TRADE CENTER
CONDITION SHALL BE ENTITLED TO A PERFORMANCE OF DUTY DISABILITY PENSION
EQUIVALENT TO THREE-QUARTERS OF THE MEMBER'S FINAL AVERAGE SALARY. THE
DEADLINE FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL
BE ON OR BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJU-
TANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED
TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
2. In case any such member of the organized militia (A) shall die as
the result of any such wound, injury or disease within one year after it
has been incurred or contracted, the surviving spouse, children under
twenty-one years of age or dependent parent of such member of the organ-
ized militia shall receive such pension and reward as persons under
similar circumstances receive from the United States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHOSE DEATH IS DETERMINED TO BE THE RESULT OF INCURRING A QUALIFYING
S. 4005--A 28 A. 3005--A
WORLD TRADE CENTER CONDITION SHALL BE ENTITLED TO AN ACCIDENTAL DEATH
BENEFIT OF ONE-HALF OF THE MEMBER'S FINAL AVERAGE SALARY. THE DEADLINE
FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL BE ON OR
BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJUTANT GENERAL
OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED TO PROMUL-
GATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART K
Section 1. New York's alcoholic beverage control law was enacted in
1934. Since that time, the law has grown organically to meet the chang-
ing needs of the industry. However, through that growth over the course
of nearly a century, the structure of the law has become unwieldy and
inconsistent. Consequently, it is difficult for the industry and regu-
lators to understand, implement, enforce, and comply with the law.
The State believes that with an open, transparent legislative review
process, the alcoholic beverage control law can be properly rewritten.
To begin the process of modernizing the state's alcoholic beverage
control laws, the New York State Liquor Authority ("SLA") is hereby
directed to undertake a review of those laws and recommend changes. Such
recommended changes shall focus on clearly and rationally delineating
policies, procedures, criteria, and legal standards that are in current
law but not in an intelligible form. The SLA shall prepare an amended
version of the law containing the proposed changes and post it on their
website for public review.
§ 2. This act shall take effect immediately.
PART L
Section 1. The alcoholic beverage control law is amended by adding a
new section 97-d to read as follows:
§ 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE WHOLESALE BUSINESS AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
DOLLARS FOR SUCH PERMIT.
2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
PERMIT WHEN:
(A) THE APPLICANT HAS A WHOLESALE LICENSE APPLICATION AT THE SAME
PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
FILING AND LICENSE FEES;
(B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
NESS; AND
(C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES THAT MAY NOT UNDER
LAW OPERATE CONCURRENTLY HAS BEEN SURRENDERED OR PLACED IN SAFEKEEPING,
OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
THE WHOLESALE LICENSE BEING APPLIED FOR; AND
S. 4005--A 29 A. 3005--A
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN SUCH LICENSE.
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
CATION.
5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A
WHOLESALE FACILITY FOR THE SALE OF ALCOHOLIC BEVERAGES ACCORDING TO THE
LAWS APPLICABLE TO THE TYPE OF WHOLESALE LICENSE BEING APPLIED FOR.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT FOR SIX MONTHS OR
UNTIL THE WHOLESALE LICENSE BEING APPLIED FOR IS APPROVED AND THE
LICENSE GRANTED, WHICHEVER IS SHORTER. SUCH PERMIT MAY BE EXTENDED AT
THE DISCRETION OF THE LIQUOR AUTHORITY FOR ADDITIONAL THREE-MONTH PERI-
ODS OF TIME UPON PAYMENT OF AN ADDITIONAL FEE OF FIFTY DOLLARS FOR EACH
SUCH EXTENSION.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR SUSPENSION
EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE PERMITTEE IN
WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE
REASONS FOR SUCH ACTION.
8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
IN FAVOR OF THE APPLICANT.
§ 2. This act shall take effect on the ninetieth day after it shall
have become law.
PART M
Section 1. The opening paragraph of subdivision 2 of section 99-d of
the alcoholic beverage control law, as amended by chapter 560 of the
laws of 2011, is amended to read as follows:
Before any change in the members of a limited liability company or the
transfer or assignment of a membership interest in a limited liability
company or any corporate change in stockholders, stockholdings, alcohol-
ic beverage officers, officers or directors, except officers and direc-
tors of a premises licensed as a club or a luncheon club under this
chapter can be effectuated for the purposes of this chapter, there shall
be filed with the liquor authority an application for permission to make
such change and there shall be paid to the liquor authority in advance
upon filing of the application a fee of one hundred twenty-eight
dollars. IF THE AUTHORITY DOES NOT ACT WITHIN NINETY DAYS OF RECEIPT OF
SUCH APPLICATION, THE CHANGE SHALL BE DEEMED APPROVED. PROVIDED, HOWEV-
ER, ANY CHANGE WHICH IS IN VIOLATION OF ANY PROVISION OF THIS CHAPTER,
INCLUDING BUT NOT LIMITED TO THOSE IN SECTIONS ONE HUNDRED ONE, ONE
HUNDRED TWENTY-SIX, AND ONE HUNDRED TWENTY-EIGHT OF THIS CHAPTER, MAY
NOT BE APPROVED OR DEEMED APPROVED.
§ 2. This act shall take effect immediately.
PART N
Section 1. The opening paragraph of subdivision 1 of section 110-b of
the alcoholic beverage control law, as amended by chapter 222 of the
laws of 2019, is amended to read as follows:
S. 4005--A 30 A. 3005--A
Not [less than thirty nor] more than two hundred [and] seventy days
before filing any of the following applications PROVIDED FOR IN THIS
SUBDIVISION, an applicant shall notify the municipality in which the
premises is located of such applicant's intent to file such an applica-
tion. THE PROOF OF NOTIFICATION, PROVIDED FOR IN SUBDIVISIONS SIX AND
SIX-A OF THIS SECTION, MUST BE PROVIDED AT THE TIME OF APPLICATION;
FAILURE TO SO PROVIDE SHALL CONSTITUTE GOOD CAUSE FOR DENIAL. THE
AUTHORITY MAY NOT ACT TO APPROVE ANY APPLICATION SUBJECT TO THIS SECTION
PRIOR TO THE PASSAGE OF THIRTY DAYS FROM THE DATE NOTIFICATION WAS
PROVIDED TO THE MUNICIPALITY. THIS SECTION SHALL APPLY TO AN
APPLICATION:
§ 2. This act shall take effect immediately.
PART O
Section 1. Subdivision 3 of section 97-a of the alcoholic beverage
control law, as amended by chapter 106 of the laws of 2022, is amended
to read as follows:
3. A temporary retail permit under paragraph (b) of subdivision one of
this section may not be issued for any premises that is subject to the
provisions of section sixty-three or seventy-nine of this chapter; a
temporary retail permit under paragraph (b) of subdivision one of this
section shall not be issued for a premises subject to the provisions of
paragraph (b) of subdivision seven of section sixty-four, subparagraph
(ii) of paragraph (a) of subdivision seven of section sixty-four-a,
subparagraph (ii) of paragraph (a) of subdivision eleven of section
sixty-four-c, or paragraph (b) of subdivision eight of section sixty-
four-d, unless and until a recommendation that there be a finding of
public interest has been made by an administrative law judge pursuant to
paragraph (f) of subdivision seven of section sixty-four, paragraph (d)
of subdivision seven of section sixty-four-a, paragraph (c) of subdivi-
sion five of section sixty-four-b, paragraph (c) of subdivision eleven
of section sixty-four-c, or paragraph (e) of subdivision eight of
section sixty-four-d of this chapter. Provided however, any premises
granted a temporary retail permit pursuant to this subdivision in a city
with a population of one million or more people shall only be allowed to
operate on the premises under the following conditions: [an active] NO
retail license [shall have existed] at the APPLIED FOR location [within
the past two years, and such license] shall [not] have been canceled,
suspended, or revoked by the authority within the past two years; the
closing time any day of the week shall be no later than midnight;
provided however that the closing time of any outdoor space shall be no
later than ten o'clock post-meridian Sunday through Thursday and eleven
o'clock post-meridian Friday and Saturday; no outdoor music; indoors
shall have recorded background music only, with no live music, DJ's,
karaoke, or similar forms of music; and no dancing. The authority shall
automatically lift such restrictions if the authority issues a retail
license for the premises, and replace such restrictions with other
restrictions, if any, imposed by the authority in accordance with the
public interest standard.
§ 2. Subdivision 4 of section 97-a of the alcoholic beverage control
law, as added by chapter 396 of the laws of 2010, is amended to read as
follows:
4. A temporary retail permit issued by the authority pursuant to this
section shall be for a period not to exceed ninety days. A temporary
permit may be extended at the discretion of the authority, for an addi-
S. 4005--A 31 A. 3005--A
tional [thirty] NINETY day period upon payment of an additional fee of
sixty-four dollars for all retail beer licenses and ninety-six dollars
for all other temporary permits and upon compliance with all conditions
required in this section. The authority may, in its discretion, issue
additional [thirty] NINETY day extensions upon payment of the appropri-
ate fee.
§ 3. Subdivision 6 of section 97-a of the alcoholic beverage control
law, as added by chapter 396 of the laws of 2010, is amended to read as
follows:
6. The holder of a temporary retail permit shall [purchase alcoholic
beverages only by payment in currency or check for such alcoholic bever-
ages on or before the day such alcoholic beverages are delivered,
provided, however, that the holder of a temporary permit issued pursuant
to this section who also holds one or more retail licenses and is oper-
ating under such retail license or licenses in addition to the temporary
retail permit, and who is not delinquent under the provisions of section
one hundred one-aa of this chapter as to any retail license under which
he operates, may purchase alcoholic beverages on credit under the tempo-
rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED
ONE-AAA OF THIS CHAPTER.
§ 4. Section 5 of chapter 396 of the laws of 2010 amending the alco-
holic beverage control law relating to liquidator's permits and tempo-
rary retail permits, as amended by section 1 of part M of chapter 55 of
the laws of 2022, is amended to read as follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law[, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, 2023].
§ 5. This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the ninetieth day after it
shall have become a law.
PART P
Section 1. Section 722-b of the county law, as amended by section 2 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
§ 722-b. Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association conform-
ing to the requirements of section seven hundred twenty-two of this
article whereby the services of private counsel are rotated and coordi-
nated by an administrator shall at the conclusion of the representation
receive:
(a) for representation of a person [entitled to representation by law
who is initially charged with a misdemeanor or lesser offense and no
felony, compensation for such misdemeanor or lesser offense represen-
tation at a rate of sixty dollars per hour for time expended in court or
before a magistrate, judge or justice, and sixty] IN ALL CASES GOVERNED
BY THIS ARTICLE, AND ARISING IN NEW YORK COUNTY, KINGS COUNTY, BRONX
COUNTY, RICHMOND COUNTY, QUEENS COUNTY, SUFFOLK COUNTY, NASSAU COUNTY,
WESTCHESTER COUNTY, ROCKLAND COUNTY, PUTNAM COUNTY, ORANGE COUNTY,
DUTCHESS COUNTY, ULSTER COUNTY, AND SULLIVAN COUNTY, INCLUDING ALL
REPRESENTATION IN AN APPELLATE COURT, COMPENSATION AT A RATE OF ONE
HUNDRED FIFTY-EIGHT DOLLARS PER HOUR FOR TIME EXPENDED IN COURT BEFORE A
MAGISTRATE, JUDGE OR JUSTICE AND ONE HUNDRED FIFTY-EIGHT dollars per
hour for time reasonably expended out of court, and shall receive
reimbursement for expenses reasonably incurred; and
S. 4005--A 32 A. 3005--A
(b) for representation of a person in all [other] cases governed by
this article, ARISING IN ALL REMAINING NEW YORK STATE COUNTIES, includ-
ing all representation in an appellate court, compensation at a rate of
[seventy-five] ONE HUNDRED NINETEEN dollars per hour for time expended
in court before a magistrate, judge or justice and [seventy-five] ONE
HUNDRED NINETEEN dollars per hour for time reasonably expended out of
court, and shall receive reimbursement for expenses reasonably incurred.
2. [Except as provided in this section, compensation for time expended
in providing representation:
(a) pursuant to paragraph (a) of subdivision one of this section shall
not exceed two thousand four hundred dollars; and
(b) pursuant to paragraph (b) of subdivision one of this section shall
not exceed four thousand four hundred dollars.
3. For representation on an appeal, compensation and reimbursement
shall be fixed by the appellate court. For all other representation,
compensation and reimbursement shall be fixed by the trial court judge.
In extraordinary circumstances a trial or appellate court may provide
for compensation in excess of the foregoing limits and for payment of
compensation and reimbursement for expenses before the completion of the
representation.
4.] EXCEPT AS PROVIDED IN THIS SECTION, COMPENSATION FOR TIME EXPENDED
IN PROVIDING REPRESENTATION PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE
OF THIS SECTION SHALL NOT EXCEED TEN THOUSAND DOLLARS; AND (B) PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL NOT EXCEED
SEVEN THOUSAND DOLLARS.
3. Each claim for compensation and reimbursement shall be supported by
a sworn statement specifying the time expended, services rendered,
expenses incurred and reimbursement or compensation applied for or
received in the same case from any other source. No counsel assigned
hereunder shall seek or accept any fee for representing the party for
whom he or she is assigned without approval of the court as herein
provided.
§ 2. Subdivision 3 of section 35 of the judiciary law, as amended by
section 5 of part J of chapter 62 of the laws of 2003, is amended to
read as follows:
3. (A) No counsel assigned pursuant to this section shall seek or
accept any fee for representing the person for whom he or she is
assigned without approval of the court as herein provided. Whenever it
appears that such person is financially able to obtain counsel or make
partial payment for the representation, counsel may report this fact to
the court and the court may terminate the assignment or authorize
payment, as the interests of justice may dictate, to such counsel. Coun-
sel assigned hereunder shall at the conclusion of the representation
receive compensation at a rate of [seventy-five]: (I) ONE HUNDRED
FIFTY-EIGHT dollars per hour for time expended in court[, and seventy-
five dollars per hour for time reasonably expended out of court] IN THE
FOLLOWING COUNTIES: NEW YORK, KINGS, BRONX, RICHMOND, QUEENS, SUFFOLK,
NASSAU, WESTCHESTER, ROCKLAND, PUTNAM, ORANGE, DUTCHESS, ULSTER, AND
SULLIVAN; AND (II) ONE HUNDRED NINETEEN DOLLARS PER HOUR FOR TIME
EXPENDED IN COURT IN ALL OTHER NEW YORK STATE COUNTIES, and shall
receive reimbursement for expenses reasonably incurred.
(B) For representation upon a hearing, compensation and reimbursement
shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed [four thousand four hundred dollars. For
representation in an appellate court, compensation and reimbursement
shall be fixed by such court and such compensation shall not exceed four
S. 4005--A 33 A. 3005--A
thousand four hundred dollars] TEN THOUSAND DOLLARS FOR TIME EXPENDED IN
PROVIDING REPRESENTATION PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF THIS SUBDIVISION; AND SEVEN THOUSAND DOLLARS FOR TIME EXPENDED IN
PROVIDING REPRESENTATION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A)
OF THIS SUBDIVISION. In extraordinary circumstances the court may
provide for compensation in excess of the foregoing limits.
§ 3. This act shall take effect April 1, 2023. Effective immediately,
the addition, amendment, and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART Q
Section 1. Section 2 of chapter 303 of the laws of 1988, relating to
the extension of the state commission on the restoration of the capitol,
as amended by section 1 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 2. The temporary state commission on the restoration of the capitol
is hereby renamed as the state commission on the restoration of the
capitol (hereinafter to be referred to as the "commission") and is here-
by continued until April 1, [2023] 2028. The commission shall consist
of eleven members to be appointed as follows: five members shall be
appointed by the governor; two members shall be appointed by the tempo-
rary president of the senate; two members shall be appointed by the
speaker of the assembly; one member shall be appointed by the minority
leader of the senate; one member shall be appointed by the minority
leader of the assembly, together with the commissioner of general
services and the commissioner of parks, recreation and historic preser-
vation. The term for each elected member shall be for three years,
except that of the first five members appointed by the governor, one
shall be for a one year term, and two shall be for a two year term, and
one of the first appointments by the president of the senate and by the
speaker of the assembly shall be for a two year term. Any vacancy that
occurs in the commission shall be filled in the same manner in which the
original appointment was made. The commission shall elect a chairman and
a vice-chairman from among its members. The members of the state
commission on the restoration of the capitol shall be deemed to be
members of the commission until their successors are appointed. The
members of the commission shall receive no compensation for their
services, but shall be reimbursed for their expenses actually and neces-
sarily incurred by them in the performance of their duties hereunder.
§ 2. Section 9 of chapter 303 of the laws of 1988, relating to the
extension of the state commission on the restoration of the capitol, as
amended by section 2 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 9. This act shall take effect immediately, and shall remain in full
force and effect until April 1, [2023] 2028.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided
that the amendments to section 2 of chapter 303 of the laws of 1988 made
by section one of this act shall not affect the expiration of such chap-
ter, and shall be deemed to expire therewith.
PART R
S. 4005--A 34 A. 3005--A
Section 1. Subdivision 7 of section 163 of the state finance law, as
amended by section 2 of subpart A of part KK of chapter 57 of the laws
of 2018, is amended to read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may [accept] REQUIRE ELECTRONIC SUBMISSION AS THE SOLE METHOD
FOR THE SUBMISSION OF bids [electronically] FOR COMMODITY, SERVICE AND
TECHNOLOGY CONTRACTS, including submission of the statement of non-col-
lusion required by section one hundred thirty-nine-d of this chapter,
and the statement of certification required by section one hundred thir-
ty-nine-l of this chapter[,] and[, starting April first, two thousand
twelve, and ending March thirty-first, two thousand fifteen,] may[, for
commodity, service and technology] REQUIRE ELECTRONIC SIGNATURES ON ALL
DOCUMENTS REQUIRED FOR SUBMISSION OF A BID, ANY RESULTING contracts
[require electronic submission as the sole method for the submission of
bids for the solicitation], AND REQUIRED SUBMISSIONS DURING THE TERM OF
ANY CONTRACT. [State agencies shall undertake no more than eighty-five
such electronic bid solicitations, none of which shall be reverse
auctions, prior to April first, two thousand fifteen. In addition, state
agencies may conduct up to twenty reverse auctions through electronic
means, prior to April first, two thousand fifteen.] Prior to requiring
the electronic submission of bids, the agency shall make a determi-
nation, which shall be documented in the procurement record, that elec-
tronic submission affords a fair and equal opportunity for offerers to
submit responsive offers, AND THAT THE ELECTRONIC SIGNATURE COMPLIES
WITH THE PROVISIONS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
[Within thirty days of the completion of the eighty-fifth electronic bid
solicitation, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing the use of
electronic submissions and make recommendations regarding future use of
this procurement method. In addition, within thirty days of the
completion of the twentieth reverse auction through electronic means, or
by April first, two thousand fifteen, whichever is earlier, the commis-
sioner shall prepare a report assessing the use of reverse auctions
through electronic means and make recommendations regarding future use
of this procurement method. Such reports shall be published on the
website of the office of general services.] Except where otherwise
provided by law, procurements shall be competitive, and state agencies
shall conduct formal competitive procurements to the maximum extent
practicable. State agencies shall document the determination of the
method of procurement and the basis of award in the procurement record.
Where the basis for award is the best value offer, the state agency
shall document, in the procurement record and in advance of the initial
receipt of offers, the determination of the evaluation criteria, which
whenever possible, shall be quantifiable, and the process to be used in
the determination of best value and the manner in which the evaluation
process and selection shall be conducted.
§ 2. Subdivision 7-a of section 163 of the state finance law is
REPEALED.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
S. 4005--A 35 A. 3005--A
PART S
Section 1. Section 57 of the civil service law, as added by chapter
83 of the laws of 1963, is amended to read as follows:
§ 57. Continuous recruitment for certain positions. Notwithstanding
any other provisions of this chapter or any other law, the civil service
department or a municipal commission may establish a continuing eligible
list for any class of positions for which it finds [inadequate numbers
of well qualified persons available for recruitment] SUCH LISTS APPRO-
PRIATE. THE CIVIL SERVICE DEPARTMENT MAY ONLY ESTABLISH CONTINUING
ELIGIBLE LISTS FOR ANY CLASS OF POSITIONS FILLED THROUGH OPEN COMPET-
ITIVE EXAMINATION. Names of eligibles shall be inserted in such list
from time to time as applicants are tested and found qualified in exam-
inations held at such intervals as may be prescribed by the civil
service department or municipal commission having jurisdiction. Such
successive examinations shall, so far as practicable, be constructed and
rated so as to be equivalent tests of the merit and fitness of candi-
dates. The name of any candidate who passes any such examination and who
is otherwise qualified shall be placed on the continuing eligible list
in the rank corresponding to his OR HER final rating on such examina-
tion. The period of eligibility of successful candidates for certif-
ication and appointment from such continuing eligible list, as a result
of any such examination, shall be fixed by the civil service department
or municipal commission but, except as a list may reach an announced
terminal date, such period shall not be less than one year; nor shall
such period of eligibility exceed four years. Subject to such conditions
and limitations as the civil service department or municipal commission
may prescribe, a candidate may take more than one such examination;
provided, however, that no such candidate shall be certified simultane-
ously with more than one rank on the continuing eligible list. With
respect to any candidate who applies for and is granted additional cred-
it in any such examination as a disabled or non-disabled veteran, and
for the limited purpose of granting such additional credit, the eligible
list shall be deemed to be established on the date on which his OR HER
name is added thereto.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 1 of section 55-b of the civil service law, as
amended by chapter 603 of the laws of 1995, is amended to read as
follows:
1. The commission may determine up to [twelve] SEVENTEEN hundred posi-
tions with duties such as can be performed by persons with a physical or
mental disability who are found otherwise qualified to perform satisfac-
torily the duties of any such position. Upon such determination the said
positions shall be classified in the noncompetitive class, and may be
filled only by persons who shall have been certified by the employee
health service of the department as being a person with either a phys-
ical or mental disability. The number of persons appointed pursuant to
this section shall not exceed [twelve] SEVENTEEN hundred.
§ 2. Section 55-b of the civil service law is amended by adding a new
subdivision 3 to read as follows:
3. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
S. 4005--A 36 A. 3005--A
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
§ 3. Section 55-c of the civil service law, as amended by chapter 603
of the laws of 1995, is amended by adding a new subdivision 4 to read as
follows:
4. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
§ 4. This act shall take effect immediately.
PART U
Section 1. Subdivision (a) of section 5004 of the civil practice law
and rules, as amended by chapter 831 of the laws of 2021, is amended to
read as follows:
(a) [Interest shall be at the rate of nine per centum per annum,
except where otherwise provided by statute; provided] NOTWITHSTANDING
ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, INCLUDING ANY
LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST TO BE PAID ON A
JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED AT THE ONE-YEAR UNITED
STATES TREASURY BILL RATE. FOR PURPOSES OF THIS SECTION, THE "ONE-YEAR
UNITED STATES TREASURY BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES; PROVIDED HOWEVER, THAT
THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH
PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR
ACCRUED CLAIM. PROVIDED, HOWEVER, the annual rate of interest to be paid
in an action arising out of a consumer debt where a natural person is a
defendant shall be two per centum per annum (i) on a judgment or accrued
claim for judgments entered on or after the effective date of [the]
chapter EIGHT HUNDRED THIRTY-ONE of the laws of two thousand twenty-one
[which amended this section], and (ii) for interest upon a judgment
pursuant to section five thousand three of this article from the date of
the entry of judgment on any part of a judgment entered before the
effective date of [the] chapter EIGHT HUNDRED THIRTY-ONE of the laws of
two thousand twenty-one [which amended this section] that is unpaid as
of such effective date.
§ 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
§ 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
S. 4005--A 37 A. 3005--A
PART V
Section 1. Part HH of chapter 56 of the laws of 2022, amending the
retirement and social security law relating to waiving approval and
income limitations on retirees employed in school districts and board of
cooperative educational services, is amended to read as follows:
§ 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE
OF THE PROVISIONS OF THIS ACT SHALL BE SUBJECT TO SECTION 25 OF THE
RETIREMENT AND SOCIAL SECURITY LAW.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2023] 2024.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraphs 2 and 3 of subdivision e of section 19-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds nine and one-half percent of payroll as of the
end of the previous fiscal year, and (ii) an employer's average actuari-
al contribution rate exceeds the [system] EMPLOYER'S graded contribution
rate or the alternative [system] EMPLOYER'S graded contribution rate,
the balance in the employer's account within such fund shall be applied
to reduce the employer's payment to the retirement system for such
fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 2. Section 19-a of the retirement and social security law is amended
by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
S. 4005--A 38 A. 3005--A
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 3. Paragraphs 2 and 3 of subdivision e of section 319-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds seventeen and one-half percent of payroll as
of the end of the previous fiscal year, and (ii) for which an employer's
average actuarial contribution rate exceeds the EMPLOYER'S graded
contribution rate or the alternative [system] EMPLOYER'S graded contrib-
ution rate, the balance in the employer's account within such fund shall
be applied to reduce the employer's payment to the retirement system for
such fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 4. Section 319-a of the retirement and social security law is
amended by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
S. 4005--A 39 A. 3005--A
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 5. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would revise the terms of participation in the New York
State and Local Retirement Systems (NYSLRS) Contribution Stabilization
Program (CSP). Participating employers in the NYSLRS may enter the CSP
to reduce volatility in average annual contribution rates. Should
employer billing rates increase rapidly, the CSP allows a portion of the
increase to be amortized over 10 years for the regular CSP or 12 years
for the alternative CSP. Should employer billing rates decrease rapid-
ly, the CSP requires employers to make an additional contribution,
called a graded payment. The graded payment is deposited into an inter-
est-bearing reserve fund held within the NYSLRS for the exclusive use by
the employer to reduce future amortizations.
This bill revises the CSP in the following ways:
1) Limits the value of the reserve fund assets. Graded payments would
cease when the employer's reserve fund assets exceed the employer's
actuarial contribution in the prior fiscal year. Currently, the reserve
fund is capped at 100% of the employer's payroll.
2) Creates provisions for termination from the CSP, subject to
approval by the Comptroller, provided all prior year amortizations are
paid in full, including interest. Beginning the fiscal year following
termination, the employer would not be required (or allowed) to make a
graded payment. Any existing reserve fund assets would be used to reduce
future annual bills up to the amount the employer would have been able
to amortize if still in the program. The employer would be permitted to
re-enter the regular CSP only if eligible to amortize, provided all
reserve fund assets are depleted.
3) Allows an employer to utilize its reserve fund assets to pay a
portion of its annual bill when the employer's average actuarial
contribution rate exceeds the employer's graded rate. Currently, the
employer's average actuarial rate must exceed the System graded rate.
If this bill is enacted during the 2023 legislative session, we antic-
ipate some administrative costs to implement the provisions of this
legislation.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
S. 4005--A 40 A. 3005--A
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 26, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-57,
prepared by the Actuary for the New York State and Local Retirement
System.
PART X
Section 1. Subdivision 2 of section 163 of the civil service law, as
amended by section 4 of part T of chapter 56 of the laws of 2010, is
amended to read as follows:
2. The contract or contracts shall provide for health benefits for
retired employees of the state and of the state colleges of agriculture,
home economics, industrial labor relations and veterinary medicine, the
state agricultural experiment station at Geneva, and any other institu-
tion or agency under the management and control of Cornell university as
the representative of the board of trustees of the state university of
New York, and the state college of ceramics under the management and
control of Alfred university as the representative of the board of trus-
tees of the state university of New York, and their spouses and depend-
ent children as defined by the regulations of the president, on such
terms as the president may deem appropriate, and the president may
authorize the inclusion in the plan of the employees and retired employ-
ees of public authorities, public benefit corporations, school
districts, special districts, district corporations, municipal corpo-
rations excluding active employees and retired employees of cities
having a population of one million or more inhabitants whose compen-
sation is or was before retirement paid out of the city treasury, or
other appropriate agencies, subdivisions or quasi-public organizations
of the state, including active members of volunteer fire and volunteer
ambulance companies serving one or more municipal corporations pursuant
to subdivision seven of section ninety-two-a of the general municipal
law, and their spouses and dependent children as defined by the regu-
lations of the president. Any such corporation, district, agency or
organization electing to participate in the plan shall be required to
pay: (A) its proportionate share of the expenses of administration of
the plan in such amounts and at such times as determined and fixed by
the president; AND (B) AT THE PRESIDENT'S DISCRETION, IF SUCH AMOUNT IS
NOT PAID ON THE DATE DUE, INTEREST FOR SUCH LATE PAYMENT AS DETERMINED
AND FIXED BY THE PRESIDENT BY REGULATION, WHICH IN NO CASE SHALL BE
GREATER THAN THE INTEREST INCURRED BY THE HEALTH INSURANCE PLAN AS A
RESULT OF SUCH LATE PAYMENT. All amounts payable for such expenses of
administration shall be paid to the commissioner of taxation and finance
and shall be applied to the reimbursement of funds previously advanced
for such purposes. Neither the state nor any other participant in the
S. 4005--A 41 A. 3005--A
plan shall be charged with the particular experience attributable to the
employees of the participant, and all dividends or retroactive rate
credits shall be distributed pro-rata based upon the number of employees
of such participant covered by the plan.
§ 2. This act shall take effect immediately.
PART Y
Section 1. The opening paragraph and paragraph 1 of subdivision b and
subdivision e of section 208-f of the general municipal law, paragraph 1
of subdivision b and subdivision e as added by chapter 472 of the laws
of 1978 and the opening paragraph of subdivision b as amended by chapter
782 of the laws of 2022, are amended and a new subdivision k is added to
read as follows:
The special accidental death benefit shall be paid by the COUNTY,
city, town or village which employed the deceased member at the time of
death, and shall consist of a pension which is equal to the salary of
the deceased member, reduced by the sum of each of the following bene-
fits received by the widow or widower or the deceased member's children
under the age of eighteen, if the widow or widower has died, or to the
deceased member's parents if the member has no widow, widower, children
under the age of eighteen, or a student under the age of twenty-three,
on account of the death of the deceased member:
1. Any death benefit and any supplementation thereto paid by the said
COUNTY, city, town or village in the form of a pension, and
e. There shall be appropriated to the [local assistance fund in the]
general fund [to the department of audit and control] an amount equal to
the special accidental death benefits paid pursuant to subdivisions b
and c of this section during each preceding state fiscal year, as certi-
fied to the comptroller by the appropriate municipal official, for the
purposes of reimbursing such special accidental death benefits.
The monies appropriated [to the department of audit and control] and
made available pursuant to this subdivision shall be paid under rules
and regulations adopted by the comptroller and subject to the approval
of the director of the budget upon the audit and warrant of the comp-
troller on vouchers certified or approved as provided by law.
K. IN THE CASE OF A DECEASED COUNTY MEMBER WHO DIED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION, THE PAYMENT OF THE BENEFIT TO THE
DECEASED MEMBER'S BENEFICIARIES PURSUANT TO SUBDIVISION F OF THIS
SECTION, SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS SUBDIVISION,
PROVIDED, HOWEVER THAT THE BENEFIT AMOUNT SHALL BE DEEMED TO HAVE BEEN
SUBJECT TO ANNUAL INCREASES PURSUANT TO SUBDIVISION B OF THIS SECTION
AND ESCALATION PURSUANT TO SUBDIVISION C OF THIS SECTION, FROM THE DATE
OF SUCH MEMBER'S DEATH.
§ 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART Z
Section 1. Paragraph (a) of subdivision 4 of section 94 of the execu-
tive law, as added by section 2 of part QQ of chapter 56 of the laws of
2022, is amended to read as follows:
(a) The first class of members of the commission shall serve stag-
gered terms to ensure continuity. For the first class of the commis-
sion, [five members shall serve a term of four years, three members
shall serve a term of two years, and one member shall serve a term of
S. 4005--A 42 A. 3005--A
one year. All subsequent members shall serve a term of four years] THE
GOVERNOR'S FIRST APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS,
THEIR SECOND APPOINTEE SHALL SERVE AN INITIAL TERM OF TWO YEARS, AND
THEIR THIRD APPOINTEE SHALL SERVE AN INITIAL TERM OF ONE YEAR; THE
ATTORNEY GENERAL'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE COMPTROLLER'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE TEMPORARY PRESIDENT OF THE SENATE'S FIRST APPOINTEE SHALL SERVE AN
INITIAL TERM OF FOUR YEARS AND THEIR SECOND APPOINTEE SHALL SERVE A TERM
OF TWO YEARS; THE MINORITY LEADER OF THE SENATE'S FIRST APPOINTEE SHALL
SERVE AN INITIAL TERM OF FOUR YEARS; THE SPEAKER OF THE ASSEMBLY'S FIRST
APPOINTEE SHALL SERVE INITIAL TERMS OF FOUR YEARS AND THEIR SECOND
APPOINTEE SHALL SERVE A TERM OF TWO YEARS; AND THE MINORITY LEADER OF
THE ASSEMBLY'S APPOINTEE SHALL SERVE A TERM OF FOUR YEARS. ALL SUBSE-
QUENT MEMBERS SHALL SERVE A TERM OF FOUR YEARS. No member shall be
selected to the commission for more than two full consecutive terms,
except that a member who has held the position by filling a vacancy
can only be selected to the commission for an additional two full
consecutive terms.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of
section 1115 of the tax law, as amended by section 1 of item A of
subpart H of part XXX of chapter 58 of the laws of 2020, is amended to
read as follows:
(A) "Tenant" means a person who, as lessee, enters into a space lease
with a landlord for a term of ten years or more commencing on or after
September first, two thousand five, but not later than, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (i) of subparagraph (D) of this paragraph, September
first, two thousand [twenty-three] TWENTY-EIGHT and, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (ii) of subparagraph (D) of this paragraph not later
than September first, two thousand [twenty-five] THIRTY, of premises for
use as commercial office space in buildings located or to be located in
the eligible areas. A person who currently occupies premises for use as
commercial office space under an existing lease in a building in the
eligible areas shall not be eligible for exemption under this subdivi-
sion unless such existing lease, in the case of a space lease with
respect to leased premises located in eligible areas as defined in
clause (i) of subparagraph (D) of this paragraph expires according to
its terms before September first, two thousand [twenty-three] TWENTY-
EIGHT or such existing lease, in the case of a space lease with respect
to leased premises located in eligible areas as defined in clause (ii)
of subparagraph (D) of this paragraph and such person enters into a
space lease, for a term of ten years or more commencing on or after
September first, two thousand five, of premises for use as commercial
office space in a building located or to be located in the eligible
areas, provided that such space lease with respect to leased premises
located in eligible areas as defined in clause (i) of subparagraph (D)
of this paragraph commences no later than September first, two thousand
[twenty-three] TWENTY-EIGHT, and provided that such space lease with
respect to leased premises located in eligible areas as defined in
clause (ii) of subparagraph (D) of this paragraph commences no later
than September first, two thousand [twenty-five] THIRTY and provided,
S. 4005--A 43 A. 3005--A
further, that such space lease shall expire no earlier than ten years
after the expiration of the original lease.
§ 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
tax law relating to exemptions from sales and use taxes, as amended by
section 2 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
§ 2. This act shall take effect September 1, 2005 and shall expire and
be deemed repealed on December 1, [2026] 2031, and shall apply to sales
made, uses occurring and services rendered on or after such effective
date, in accordance with the applicable transitional provisions of
sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
tax law, as added by section one of this act, shall expire and be deemed
repealed December 1, [2024] 2029.
§ 3. Paragraph 1 of subdivision (b) of section 25-s of the general
city law, as amended by section 3 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) non-residential premises that are wholly contained in property
that is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such article except that such property is exempt from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such title two-D,
or the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, have not been satisfied, provided that applica-
tion for such benefits was made after May third, nineteen hundred eight-
y-five and prior to July first, two thousand [twenty-three]
TWENTY-EIGHT, that construction or renovation of such premises was
described in such application, that such premises have been substantial-
ly improved by such construction or renovation so described, that the
minimum required expenditure as defined in such title two-D or two-F,
whichever is applicable, has been made, and that such real property is
located in an eligible area; or
§ 4. Paragraph 3 of subdivision (b) of section 25-s of the general
city law, as amended by section 4 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 5. Paragraph 5 of subdivision (b) of section 25-s of the general
city law, as amended by section 5 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
S. 4005--A 44 A. 3005--A
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 6. Paragraph 2 of subdivision (c) of section 25-t of the general
city law, as amended by section 6 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(2) No eligible energy user, qualified eligible energy user, on-site
cogenerator, or clean on-site cogenerator shall receive a rebate pursu-
ant to this article until it has obtained a certification from the
appropriate city agency in accordance with a local law enacted pursuant
to this section. No such certification for a qualified eligible energy
user shall be issued on or after November first, two thousand. No such
certification of any other eligible energy user, on-site cogenerator, or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT.
§ 7. Paragraph 1 of subdivision (a) of section 25-aa of the general
city law, as amended by section 7 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such title except that such property is exempt from real
property taxation and the requirements of paragraph (b) of subdivision
seven of section four hundred eighty-nine-dddd of such title two-D, or
the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, of the real property tax law have not been
satisfied, provided that application for such benefits was made after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand [twenty-three] TWENTY-EIGHT, that
construction or renovation of such building or structure was described
in such application, that such building or structure has been substan-
tially improved by such construction or renovation, and (i) that the
minimum required expenditure as defined in such title has been made, or
(ii) where there is no applicable minimum required expenditure, the
building was constructed within such period or periods of time estab-
lished by title two-D or two-F, whichever is applicable, of article four
of the real property tax law for construction of a new building or
structure; or
§ 8. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the
general city law, as amended by section 8 of item A of subpart H of part
XXX of chapter 58 of the laws of 2020, are amended to read as follows:
(2) has obtained approval after the thirtieth day of June, nineteen
hundred ninety-five and before the first day of July, two thousand
[twenty-three] TWENTY-EIGHT, for financing by an industrial development
agency established pursuant to article eighteen-A of the general munici-
pal law, provided that such financing has been used in whole or in part
S. 4005--A 45 A. 3005--A
to substantially improve such building or structure by construction or
renovation, that expenditures have been made for improvements to such
real property in excess of twenty per centum of the value at which such
real property was assessed for tax purposes for the tax year in which
such improvements commenced, and that such expenditures have been made
within thirty-six months after the earlier of (i) the issuance by such
agency of bonds for such financing, or (ii) the conveyance of title to
such building or structure to such agency; or
(3) is owned by the city of New York or the New York state urban
development corporation, or a subsidiary corporation thereof, a lease
for which was approved in accordance with the applicable provisions of
the charter of such city or by the board of directors of such corpo-
ration, as the case may be, and such approval was obtained after the
thirtieth day of June, nineteen hundred ninety-five and before the first
day of July, two thousand [twenty-three] TWENTY-EIGHT, provided that
expenditures have been made for improvements to such real property in
excess of twenty per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, and that such expenditures have been made within thirty-six
months after the effective date of such lease; or
§ 9. Subdivision (f) of section 25-bb of the general city law, as
amended by section 9 of item A of subpart H of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
(f) Application and certification. An owner or lessee of a building or
structure located in an eligible revitalization area, or an agent of
such owner or lessee, may apply to such department of small business
services for certification that such building or structure is an eligi-
ble building or targeted eligible building meeting the criteria of
subdivision (a) or (q) of section twenty-five-aa of this article.
Application for such certification must be filed after the thirtieth day
of June, nineteen hundred ninety-five and before a building permit is
issued for the construction or renovation required by such subdivisions
and before the first day of July, two thousand [twenty-three] TWENTY-
EIGHT, provided that no certification for a targeted eligible building
shall be issued after October thirty-first, two thousand. Such applica-
tion shall identify expenditures to be made that will affect eligibility
under such subdivision (a) or (q). Upon completion of such expenditures,
an applicant shall supplement such application to provide information
(i) establishing that the criteria of such subdivision (a) or (q) have
been met; (ii) establishing a basis for determining the amount of
special rebates, including a basis for an allocation of the special
rebate among eligible revitalization area energy users purchasing or
otherwise receiving energy services from an eligible redistributor of
energy or a qualified eligible redistributor of energy; and (iii)
supporting an allocation of charges for energy services between eligible
charges and other charges. Such department shall certify a building or
structure as an eligible building or targeted eligible building after
receipt and review of such information and upon a determination that
such information establishes that the building or structure qualifies as
an eligible building or targeted eligible building. Such department
shall mail such certification or notice thereof to the applicant upon
issuance. Such certification shall remain in effect provided the eligi-
ble redistributor of energy or qualified eligible redistributor of ener-
gy reports any changes that materially affect the amount of the special
rebates to which it is entitled or the amount of reduction required by
subdivision (c) of this section in an energy services bill of an eligi-
S. 4005--A 46 A. 3005--A
ble revitalization area energy user and otherwise complies with the
requirements of this article. Such department shall notify the private
utility or public utility service required to make a special rebate to
such redistributor of the amount of such special rebate established at
the time of certification and any changes in such amount and any suspen-
sion or termination by such department of certification under this
subdivision. Such department may require some or all of the information
required as part of an application or other report be provided by a
licensed engineer.
§ 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 10 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) Non-residential premises that are wholly contained in property
that is eligible to obtain benefits under part four or part five of
subchapter two of chapter two of title eleven of this code, or would be
eligible to receive benefits under such chapter except that such proper-
ty is exempt from real property taxation and the requirements of para-
graph two of subdivision g of section 11-259 of this code, or the
requirements of subparagraph (b) of paragraph two of subdivision e of
section 11-270 of this code, whichever is applicable, have not been
satisfied, provided that application for such benefits was made after
May third, nineteen hundred eighty-five and prior to July first, two
thousand [twenty-three] TWENTY-EIGHT, that construction or renovation of
such premises was described in such application, that such premises have
been substantially improved by such construction or renovation so
described, that the minimum required expenditure as defined in such part
four or part five, whichever is applicable, has been made, and that such
real property is located in an eligible area; or
§ 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 11 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 12 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
S. 4005--A 47 A. 3005--A
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
trative code of the city of New York, as amended by section 13 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) No eligible energy user, qualified eligible energy user, on-site
cogenerator, clean on-site cogenerator or special eligible energy user
shall receive a rebate pursuant to this chapter until it has obtained a
certification as an eligible energy user, qualified eligible energy
user, on-site cogenerator, clean on-site cogenerator or special eligible
energy user, respectively, from the commissioner of small business
services. No such certification for a qualified eligible energy user
shall be issued on or after July first, two thousand three. No such
certification of any other eligible energy user, on-site cogenerator or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT. The commissioner of small busi-
ness services, after notice and hearing, may revoke a certification
issued pursuant to this subdivision where it is found that eligibility
criteria have not been met or that compliance with conditions for
continued eligibility has not been maintained. The corporation counsel
may maintain a civil action to recover an amount equal to any benefits
improperly obtained.
§ 14. Subparagraph (b-2) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 14 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(b-2) The amount of the special reduction allowed by this subdivision
with respect to a lease other than a sublease commencing between July
first, two thousand five and June thirtieth, two thousand [twenty-three]
TWENTY-EIGHT with an initial or renewal lease term of at least five
years shall be determined as follows:
(i) For the base year the amount of such special reduction shall be
equal to the base rent for the base year.
(ii) For the first, second, third and fourth twelve-month periods
following the base year the amount of such special reduction shall be
equal to the lesser of (A) the base rent for each such twelve-month
period or (B) the base rent for the base year.
§ 15. Subdivision 9 of section 499-aa of the real property tax law, as
amended by section 15 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
one, provided, however, that with respect to eligible premises defined
in subparagraph (i) of paragraph (b) of subdivision ten of this section,
the period commencing July first, two thousand and terminating June
thirtieth, two thousand [twenty-four] TWENTY-NINE, and provided,
further, however, that with respect to eligible premises defined in
S. 4005--A 48 A. 3005--A
subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten
of this section, the period commencing July first, two thousand five and
terminating June thirtieth, two thousand [twenty-four] TWENTY-NINE.
§ 16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
499-cc of the real property tax law, as amended by section 16 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(iii) With respect to the eligible premises defined in subparagraph
(ii) of paragraph (b) or paragraph (c) of subdivision ten of section
four hundred ninety-nine-aa of this title and for purposes of determin-
ing whether the amount of expenditures required by subdivision one of
this section have been satisfied, expenditures on improvements to the
common areas of an eligible building shall be included only if work on
such improvements commenced and the expenditures are made on or after
July first, two thousand five and on or before December thirty-first,
two thousand [twenty-four] TWENTY-NINE; provided, however, that expendi-
tures on improvements to the common areas of an eligible building made
prior to three years before the lease commencement date shall not be
included.
§ 17. Subdivisions 5 and 9 of section 499-a of the real property tax
law, as amended by section 17 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, are amended to read as follows:
5. "Benefit period." The period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than sixty months thereafter, provided, however, that with
respect to a lease commencing on or after April first, nineteen hundred
ninety-seven with an initial lease term of less than five years, but not
less than three years, the period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than thirty-six months thereafter. Notwithstanding the forego-
ing sentence, a benefit period shall expire no later than March thirty-
first, two thousand [thirty] THIRTY-FIVE.
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
[twenty-four] TWENTY-NINE.
§ 18. Paragraph (a) of subdivision 3 of section 499-c of the real
property tax law, as amended by section 18 of item A of subpart H of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
(a) For purposes of determining whether the amount of expenditures
required by subdivision one of this section have been satisfied, expend-
itures on improvements to the common areas of an eligible building shall
be included only if work on such improvements commenced and the expendi-
tures are made on or after April first, nineteen hundred ninety-five and
on or before September thirtieth, two thousand [twenty-four]
TWENTY-NINE; provided, however, that expenditures on improvements to the
common areas of an eligible building made prior to three years before
the lease commencement date shall not be included.
§ 19. Subdivision 8 of section 499-d of the real property tax law, as
amended by section 19 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
8. Leases commencing on or after April first, nineteen hundred nine-
ty-seven shall be subject to the provisions of this title as amended by
chapter six hundred twenty-nine of the laws of nineteen hundred ninety-
seven, chapter one hundred eighteen of the laws of two thousand one,
chapter four hundred forty of the laws of two thousand three, chapter
S. 4005--A 49 A. 3005--A
sixty of the laws of two thousand seven, chapter twenty-two of the laws
of two thousand ten, chapter fifty-nine of the laws of two thousand
fourteen, chapter twenty of the laws of two thousand fifteen, chapter
SIXTY-ONE of the laws of two thousand seventeen [and the], chapter
FIFTY-EIGHT of the laws of two thousand twenty, AND THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-THREE that amended this phrase. Notwith-
standing any other provision of law to the contrary, with respect to
leases commencing on or after April first, nineteen hundred ninety-sev-
en, an application for a certificate of abatement shall be considered
timely filed if filed within one hundred eighty days following the lease
commencement date or within sixty days following the date chapter six
hundred twenty-nine of the laws of nineteen hundred ninety-seven became
a law, whichever is later.
§ 20. Subparagraph (a) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 20 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(a) An eligible tenant of eligible taxable premises shall be allowed a
special reduction in determining the taxable base rent for such eligible
taxable premises. Such special reduction shall be allowed with respect
to the rent for such eligible taxable premises for a period not exceed-
ing sixty months or, with respect to a lease commencing on or after
April first, nineteen hundred ninety-seven with an initial lease term of
less than five years, but not less than three years, for a period not
exceeding thirty-six months, commencing on the rent commencement date
applicable to such eligible taxable premises, provided, however, that in
no event shall any special reduction be allowed for any period beginning
after March thirty-first, two thousand [thirty] THIRTY-FIVE. For
purposes of applying such special reduction, the base rent for the base
year shall, where necessary to determine the amount of the special
reduction allowable with respect to any number of months falling within
a tax period, be prorated by dividing the base rent for the base year by
twelve and multiplying the result by such number of months.
§ 21. This act shall take effect immediately, provided, however, that
if this act shall become a law after June 30, 2023, this act shall be
deemed to have been in full force and effect on and after June 30, 2023;
provided further, however, that the amendments to subparagraph (A) of
paragraph 7 of subdivision (ee) of section 1115 of the tax law made by
section one of this act shall not affect the repeal of such subdivision
and shall be repealed therewith.
PART BB
Section 1. Subdivision 12 of section 239-bb of the general municipal
law is REPEALED.
§ 2. This act shall take effect immediately.
PART CC
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
3. Child health plus program account (20810).
S. 4005--A 50 A. 3005--A
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Training, management and evaluation account (21961).
33. Clinical laboratory reference system assessment account (21962).
34. Indirect cost recovery account (21978).
35. Multi-agency training account (21989).
36. Bell jar collection account (22003).
37. Industry and utility service account (22004).
38. Real property disposition account (22006).
39. Parking account (22007).
40. Courts special grants (22008).
41. Asbestos safety training program account (22009).
42. Batavia school for the blind account (22032).
43. Investment services account (22034).
44. Surplus property account (22036).
45. Financial oversight account (22039).
46. Regulation of Indian gaming account (22046).
47. Rome school for the deaf account (22053).
48. Seized assets account (22054).
49. Administrative adjudication account (22055).
50. New York City assessment account (22062).
51. Cultural education account (22063).
52. Local services account (22078).
53. DHCR mortgage servicing account (22085).
54. Housing indirect cost recovery account (22090).
55. Voting Machine Examinations account (22099).
56. DHCR-HCA application fee account (22100).
57. Low income housing monitoring account (22130).
S. 4005--A 51 A. 3005--A
58. Restitution account (22134).
59. Corporation administration account (22135).
60. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
61. Deferred compensation administration account (22151).
62. Rent revenue other New York City account (22156).
63. Rent revenue account (22158).
64. Transportation aviation account (22165).
65. Tax revenue arrearage account (22168).
66. New York State Campaign Finance Fund account (22211).
67. New York state medical indemnity fund account (22240).
68. Behavioral health parity compliance fund (22246).
69. Pharmacy benefit manager regulatory fund (22255).
70. State university general income offset account (22654).
71. Lake George park trust fund account (22751).
72. Highway safety program account (23001).
73. DOH drinking water program account (23102).
74. NYCCC operating offset account (23151).
75. Commercial gaming revenue account (23701).
76. Commercial gaming regulation account (23702).
77. Highway use tax administration account (23801).
78. New York state secure choice administrative account (23806).
79. New York state cannabis revenue fund (24800).
80. Fantasy sports administration account (24951).
81. Mobile sports wagering fund (24955).
82. Highway and bridge capital account (30051).
83. State university residence hall rehabilitation fund (30100).
84. State parks infrastructure account (30351).
85. Clean water/clean air implementation fund (30500).
86. Hazardous waste remedial cleanup account (31506).
87. Youth facilities improvement account (31701).
88. Housing assistance fund (31800).
89. Housing program fund (31850).
90. Highway facility purpose account (31951).
91. New York racing account (32213).
92. Capital miscellaneous gifts account (32214).
93. Information technology capital financing account (32215).
94. New York environmental protection and spill remediation account
(32219).
95. Mental hygiene facilities capital improvement fund (32300).
96. Correctional facilities capital improvement fund (32350).
97. New York State Storm Recovery Capital Fund (33000).
98. OGS convention center account (50318).
99. Empire Plaza Gift Shop (50327).
100. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
101. Centralized services fund (55000).
102. Archives records management account (55052).
103. Federal single audit account (55053).
104. Civil service administration account (55055).
105. Civil service EHS occupational health program account (55056).
106. Banking services account (55057).
107. Cultural resources survey account (55058).
108. Neighborhood work project account (55059).
109. Automation & printing chargeback account (55060).
110. OFT NYT account (55061).
S. 4005--A 52 A. 3005--A
111. Data center account (55062).
112. Intrusion detection account (55066).
113. Domestic violence grant account (55067).
114. Centralized technology services account (55069).
115. Labor contact center account (55071).
116. Human services contact center account (55072).
117. Tax contact center account (55073).
118. Department of law civil recoveries account (55074).
119. Executive direction internal audit account (55251).
120. CIO Information technology centralized services account (55252).
121. Health insurance internal service account (55300).
122. Civil service employee benefits division administrative account
(55301).
123. Correctional industries revolving fund (55350).
124. Employees health insurance account (60201).
125. Medicaid management information system escrow fund (60900).
126. Virtual currency assessments account.
§ 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2024, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $1,175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,314,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $1,033,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
S. 4005--A 53 A. 3005--A
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $131,200,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $895,897,000 from the general fund to the mobile sports wagering
fund, education account (24955), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), to the state lottery fund, education account
(20901), as reimbursement for disbursements made from such fund for
supplemental aid to education pursuant to section 92-c of the state
finance law.
6. An amount up to the unencumbered balance in the fund on March 31,
2024 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
7. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
8. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
11. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
12. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
13. $69,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2023 through March 31,
2024.
14. $5,160,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32222).
15. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
16. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
17. $30,013,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
S. 4005--A 54 A. 3005--A
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
5. $100,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $6,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $4,000,000 from the waste management & cleanup account (21053) to
the general fund.
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
12. Up to $10,000,000 from the general fund to the miscellaneous
special revenue fund, patron services account (22163).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $175,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
S. 4005--A 55 A. 3005--A
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $905,000,000 from the general fund to the housing program fund
(31850).
12. Up to $10,000,000 from any of the office of children and family
services special revenue federal funds to the office of the court admin-
istration special revenue other federal iv-e funds account.
General Government:
1. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
S. 4005--A 56 A. 3005--A
15. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
16. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
17. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $8,940,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
6. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
7. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
8. $114,500,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
9. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
10. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
11. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the miscellaneous special revenue fund,
environmental laboratory fee account (21959).
12. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund to the general fund, for payment
of goods and services necessary to respond to a public health disaster
emergency or to assist or aid in responding to such a disaster.
13. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
14. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
15. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
S. 4005--A 57 A. 3005--A
16. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
17. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
18. $7,429,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
19. $1,117,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
20. $813,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
21. $313,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
22. $1,473,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
Mental Hygiene:
1. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
2. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
3. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account.
4. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account to the opioid settlement fund (23817).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
5. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
6. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
7. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
S. 4005--A 58 A. 3005--A
provided by the division of state police for the department of transpor-
tation.
8. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
9. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
10. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
11. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
12. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
13. $14,400,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
14. $2,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account.
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
5. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
6. $8,250,000,000 from the special revenue federal fund, ARPA-Fiscal
Recovery Fund (25546) to the general fund, state purposes account
(10050) to cover eligible costs incurred by the state.
S. 4005--A 59 A. 3005--A
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2024:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $4,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 4. On or before March 31, 2024, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement of bondable equipment for further
transfer to the state's general fund.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2024, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
S. 4005--A 60 A. 3005--A
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2024, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2024.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,226,598,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 through June 30, 2024 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $62,340,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 to June 30, 2024 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit
pursuant to subdivision two of section six hundred sixty-nine-h of the
education law.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2024.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
S. 4005--A 61 A. 3005--A
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2024.
§ 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $100 million from each fund.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $700 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2023-24 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
S. 4005--A 62 A. 3005--A
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 18. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund up to $20,000,000 for the state fiscal
year commencing April 1, 2023, the proceeds of which will be utilized to
support energy-related state activities.
§ 19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2024.
§ 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2024 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twenty-two] TWENTY-THREE, the state comptroller is hereby authorized
and directed to deposit to the fund created pursuant to this section
from amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twenty-two] TWENTY-THREE.
§ 22. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2024, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
S. 4005--A 63 A. 3005--A
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $456,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $570,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $170,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $9,016,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $142,782,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $51,897,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 23. Section 60 of part FFF of chapter 56 of the laws of 2022
providing for the administration of certain funds and accounts related
to the 2022-2023 budget, is amended to read as follows:
§ 60. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty[,] AND twenty-two[, and twenty-three]
of this act shall expire March 31, 2023 when upon such [date] DATES the
provisions of such sections shall be deemed repealed; provided, further,
that the amendments to section 89-h of the state finance law made by
section twenty-eight of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; and provided, further,
that section twenty-eight-a of this act shall expire March 31, 2027.
§ 24. Subdivision 5 of section 183 of the military law, as amended by
section 2 of part O of chapter 55 of the laws of 2018, is amended to
read as follows:
5. All moneys paid as rent as provided in this section, together with
all sums paid to cover expenses of heating and lighting, shall be trans-
mitted by the officer in charge and control of the armory through the
adjutant general to the state treasury for deposit to the [agencies
enterprise fund] MISCELLANEOUS SPECIAL REVENUE FUND - 339 armory rental
account.
§ 25. Subdivision 2 of section 92-cc of the state finance law, as
amended by section 26 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [fifteen]
TWENTY per centum of the aggregate amount projected to be disbursed from
the [general fund] STATE OPERATING FUNDS during [the fiscal year imme-
diately following] the then-current fiscal year AS ESTIMATED IN THE
ENACTED BUDGET FINANCIAL PLAN. At the request of the director of the
budget, the state comptroller shall transfer monies to the rainy day
reserve fund up to and including an amount equivalent to [three] TEN per
centum of the aggregate amount projected to be disbursed from the
S. 4005--A 64 A. 3005--A
[general fund] STATE OPERATING FUNDS during the then-current fiscal year
AS ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, unless such transfer
would increase the rainy day reserve fund to an amount in excess of
[fifteen] TWENTY per centum of the aggregate amount projected to be
disbursed from the [general fund] STATE OPERATING FUNDS during the
[fiscal year immediately following the] then-current fiscal year AS
ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, in which event such
transfer shall be limited to such amount as will increase the rainy day
reserve fund to such [fifteen] TWENTY per centum limitation.
§ 26. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
§ 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 30 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [nine billion five hundred two
million seven hundred thirty-nine thousand dollars $9,502,739,000] NINE
BILLION EIGHT HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FIFTY-NINE THOU-
SAND DOLLARS $9,865,859,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
S. 4005--A 65 A. 3005--A
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [nine
billion five hundred two million seven hundred thirty-nine thousand
dollars $9,502,739,000] NINE BILLION EIGHT HUNDRED SIXTY-FIVE MILLION
EIGHT HUNDRED FIFTY-NINE THOUSAND DOLLARS $9,865,859,000, only if the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations to be issued shall not exceed the
present value of the aggregate debt service of the bonds, notes or other
obligations so to be refunded or repaid. For the purposes hereof, the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
§ 28. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 31 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [four
hundred twenty-six million one hundred thousand dollars $426,100,000]
FIVE HUNDRED THIRTY-EIGHT MILLION ONE HUNDRED THOUSAND DOLLARS
$538,100,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects including IT
initiatives for the division of state police, debt service and leases;
and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 29. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 32 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [eight billion one hundred seventy-one million one
hundred ten thousand dollars $8,171,110,000] NINE BILLION THREE HUNDRED
S. 4005--A 66 A. 3005--A
EIGHT MILLION TWO HUNDRED TEN THOUSAND DOLLARS $9,308,210,000, exclusive
of bonds issued to fund any debt service reserve funds, pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 30. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 33 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [three hundred eighty-three million five hundred thousand dollars
$383,500,000] FOUR HUNDRED SEVENTY-SIX MILLION FIVE HUNDRED THOUSAND
DOLLARS $476,500,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [one billion six hundred four million nine hundred eighty-six
thousand dollars $1,604,986,000] ONE BILLION SEVEN HUNDRED TEN MILLION
EIGHTY-SIX THOUSAND DOLLARS $1,710,086,000, excluding bonds issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued, for the purpose of financing improve-
ments to State office buildings and other facilities located statewide,
including the reimbursement of any disbursements made from the state
capital projects fund. Such bonds and notes of the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the corporation for debt service and related expenses
pursuant to any service contracts executed pursuant to subdivision (b)
of this section, and such bonds and notes shall contain on the face
thereof a statement to such effect.
§ 31. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 34 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [sixteen billion six hundred eleven million five hundred sixty-
four thousand dollars $16,611,564,000] SEVENTEEN BILLION NINE HUNDRED
S. 4005--A 67 A. 3005--A
THIRTY-SEVEN MILLION FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$17,937,564,000; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
§ 32. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 35 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
S. 4005--A 68 A. 3005--A
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [ten billion two hundred fifty-four
million six hundred eighty-six thousand dollars $10,254,686,000] TEN
BILLION EIGHT HUNDRED SEVENTY MILLION SIX HUNDRED FIFTY-TWO THOUSAND
DOLLARS $10,870,652,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the city university, and the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
§ 33. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 36 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion one
hundred twenty-three million one hundred forty thousand dollars
$1,123,140,000] ONE BILLION TWO HUNDRED TWENTY-SEVEN MILLION NINETY-
FIVE THOUSAND DOLLARS $1,227,095,000. Such amount shall be exclusive of
bonds and notes issued to fund any reserve fund or funds, costs of issu-
ance and to refund any outstanding bonds and notes, issued on behalf of
the state, relating to a locally sponsored community college.
§ 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 37 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [nine hundred sixty-two million
seven hundred fifteen thousand dollars $962,715,000] ONE BILLION FOUR-
TEEN MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000,
which authorization increases the aggregate principal amount of bonds,
notes and other obligations authorized by section 40 of chapter 309 of
the laws of 1996, and shall include all bonds, notes and other obli-
gations issued pursuant to chapter 211 of the laws of 1990, as amended
or supplemented. The proceeds of such bonds, notes or other obligations
shall be paid to the state, for deposit in the youth facilities improve-
ment fund OR THE CAPITAL PROJECTS FUND, to pay for all or any portion of
the amount or amounts paid by the state from appropriations or reappro-
priations made to the office of children and family services from the
youth facilities improvement fund for capital projects. The aggregate
amount of bonds, notes and other obligations authorized to be issued
pursuant to this section shall exclude bonds, notes or other obligations
issued to refund or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
S. 4005--A 69 A. 3005--A
reappropriations made to the office of children and family services;
provided, however, that upon any such refunding or repayment the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than [nine hundred sixty-two million seven
hundred fifteen thousand dollars $962,715,000] ONE BILLION FOURTEEN
MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000, only
if the present value of the aggregate debt service of the refunding or
repayment bonds, notes or other obligations to be issued shall not
exceed the present value of the aggregate debt service of the bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that rate arrived at by doubling the semi-annual interest rate
(compounded semi-annually) necessary to discount the debt service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
§ 35. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 38 of part FFF
of chapter 56 of the laws of 2022, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [ten billion nine hundred forty-two million eight hundred
thirty-three thousand dollars $10,942,833,000] TWELVE BILLION FOUR
HUNDRED NINE MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS
$12,409,157,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding mental health services facilities improvement bonds
S. 4005--A 70 A. 3005--A
and mental health services facilities improvement notes; provided,
however, that upon any such refunding or repayment of mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than [ten
billion nine hundred forty-two million eight hundred thirty-three thou-
sand dollars $10,942,833,000] TWELVE MILLION FOUR HUNDRED NINE MILLION
ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS $12,409,157,000, only if,
except as hereinafter provided with respect to mental health services
facilities bonds and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private housing finance law,
the present value of the aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value of the
aggregate debt service of the bonds to be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations and of the
aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
useful life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case shall not
exceed thirty years and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy shall have the power and is hereby authorized to issue mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes to refund outstanding mental hygiene
improvement bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law and the amount of bonds
issued or outstanding for such purposes shall not be included for
purposes of determining the amount of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among the office of mental
health, office for people with developmental disabilities, and the
office of addiction services and supports, in consultation with their
respective commissioners to finance bondable appropriations previously
approved by the legislature.
§ 36. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 39 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
S. 4005--A 71 A. 3005--A
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [one hundred ninety-seven
million dollars $197,000,000] TWO HUNDRED FORTY-SEVEN MILLION DOLLARS
$247,000,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects for public
protection facilities in the Division of Military and Naval Affairs,
debt service and leases; and to reimburse the state general fund for
disbursements made therefor. Such bonds and notes of such authorized
issuer shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to such authorized issuer for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 37. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 40 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 53. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the acquisition of equipment,
including but not limited to the creation or modernization of informa-
tion technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
or improvement of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed [three hundred ninety-three million dollars
$393,000,000] FOUR HUNDRED NINETY-THREE MILLION DOLLARS $493,000,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the urban development
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the acquisi-
tion of equipment, including but not limited to the creation or modern-
ization of information technology systems and related research and
development equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and labora-
tory equipment and other state costs associated with such capital
projects, the director of the budget is hereby authorized to enter into
S. 4005--A 72 A. 3005--A
one or more service contracts with the dormitory authority and the urban
development corporation, none of which shall exceed thirty years in
duration, upon such terms and conditions as the director of the budget
and the dormitory authority and the urban development corporation agree,
so as to annually provide to the dormitory authority and the urban
development corporation, in the aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that the obligation of the state to pay the amount therein provided
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned and pledged
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 38. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 41 of part FFF of chapter 56 of the laws of 2022, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [thirteen
billion fifty-three million eight hundred eighty-one thousand dollars
$13,053,881,000] THIRTEEN BILLION EIGHT HUNDRED FORTY-SEVEN MILLION TWO
HUNDRED THIRTY-FOUR THOUSAND DOLLARS $13,847,234,000 cumulatively by the
end of fiscal year [2022-23] 2023-24. For purposes of this subdivision,
such projects shall be deemed to include capital grants to cities, towns
and villages for the reimbursement of eligible capital costs of local
highway and bridge projects within such municipality, where allocations
to cities, towns and villages are based on the total number of New York
or United States or interstate signed touring route miles for which such
municipality has capital maintenance responsibility, and where such
eligible capital costs include the costs of construction and repair of
highways, bridges, highway-railroad crossings, and other transportation
facilities for projects with a service life of ten years or more.
§ 39. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 42 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [three hundred thirty-three million
dollars $333,000,000] THREE HUNDRED FORTY-SEVEN MILLION DOLLARS
$347,000,000.
§ 40. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
S. 4005--A 73 A. 3005--A
amended by section 43 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed [fourteen billion nine hundred sixty-eight million four
hundred two thousand dollars $14,968,402,000] SIXTEEN BILLION NINE
HUNDRED SEVENTY-TWO MILLION SIX HUNDRED TWO THOUSAND DOLLARS
$16,972,602,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority and the corpo-
ration shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
S. 4005--A 74 A. 3005--A
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects the director of the
budget is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and the corporation
agree, so as to annually provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract entered into pursuant to this section shall provide that the
obligation of the state to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to annual appro-
priation by the legislature. Any such contract or any payments made or
to be made thereunder may be assigned and pledged by the dormitory
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 41. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 44 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [ten
S. 4005--A 75 A. 3005--A
billion one hundred forty-seven million eight hundred sixty-three thou-
sand dollars $10,147,863,000] TWELVE BILLION THREE HUNDRED EIGHT MILLION
THREE HUNDRED ELEVEN THOUSAND DOLLARS $12,308,311,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 42. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 45 of part FFF of chapter 56
of the laws of 2022, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [thirteen billion eighty-two
million eight hundred ninety-one thousand dollars $13,082,891,000] THIR-
TEEN BILLION SEVEN HUNDRED MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS
$13,700,705,000, plus a principal amount of bonds issued to fund the
debt service reserve fund in accordance with the debt service reserve
fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 43. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 46 of part FFF of chapter 56 of the
laws of 2022, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
S. 4005--A 76 A. 3005--A
camps, day camps, Native American Indian Nation schools, and other state
costs associated with such capital projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [three hundred one million seven hundred thousand dollars
$301,700,000] THREE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED NINETY-NINE
THOUSAND DOLLARS $321,799,000, excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the dormitory authority
and the urban development corporation shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
§ 44. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 47 of part FFF of chapter 56 of the
laws of 2022, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one billion one
hundred fifty-two million five hundred sixty-six thousand dollars
$1,152,566,000] ONE BILLION TWO HUNDRED EIGHTY-EIGHT MILLION EIGHT
HUNDRED FIFTY-TWO THOUSAND DOLLARS $1,288,852,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 45. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 48 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
S. 4005--A 77 A. 3005--A
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [nineteen billion seven hundred
seventy-six million nine hundred twenty thousand dollars
$19,776,920,000] TWENTY BILLION SIX HUNDRED FORTY-EIGHT MILLION FIVE
HUNDRED SEVEN THOUSAND DOLLARS $20,648,507,000, plus a principal amount
of bonds or notes: (A) to fund capital reserve funds; (B) to provide
capitalized interest; and, (C) to fund other costs of issuance. In
computing for the purposes of this subdivision, the aggregate amount of
indebtedness evidenced by bonds and notes of the authority issued pursu-
ant to this section, as amended by a chapter of the laws of nineteen
hundred ninety-six, there shall be excluded the amount of bonds or notes
issued that would constitute interest under the United States Internal
Revenue Code of 1986, as amended, and the amount of indebtedness issued
to refund or otherwise repay bonds or notes.
§ 46. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 50 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [four
billion six hundred fifty-three million dollars $4,653,000,000] FIVE
BILLION ONE HUNDRED FIFTY-THREE MILLION DOLLARS $5,153,000,000, exclud-
ing bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the urban development corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the dormitory authority and the urban
S. 4005--A 78 A. 3005--A
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 47. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 51 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty
million eight hundred thirty thousand dollars ($40,830,000)] FORTY
MILLION NINE HUNDRED FORTY-FIVE THOUSAND DOLLARS $40,945,000, excluding
bonds issued to finance one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued, for the purpose
of financing the construction of the New York state agriculture and
markets food laboratory. Eligible project costs may include, but not be
limited to the cost of design, financing, site investigations, site
acquisition and preparation, demolition, construction, rehabilitation,
acquisition of machinery and equipment, and infrastructure improvements.
Such bonds and notes of such authorized issuers shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuers for debt service and related expenses pursuant
to any service contract executed pursuant to subdivision two of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 48. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
chapter 174 of the laws of 1968, constituting the New York state urban
development corporation act, as added by section 54 of part FFF of chap-
ter 56 of the laws of 2022, is amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue personal income tax revenue anticipation notes with
a maturity no later than March 31, [2023] 2024, in one or more series in
an aggregate principal amount for each fiscal year not to exceed three
billion dollars, and to pay costs of issuance of such notes, for the
purpose of temporarily financing budgetary needs of the state. Such
purpose shall constitute an authorized purpose under subdivision two of
section sixty-eight-a of the state finance law for all purposes of arti-
cle five-C of the state finance law with respect to the notes authorized
by this paragraph. Such notes shall not be renewed, extended or
refunded. For so long as any notes authorized by this paragraph shall be
outstanding, the restrictions, limitations and requirements contained in
article five-B of the state finance law shall not apply.
§ 49. Paragraph (c) of subdivision 1 of section 55-b of section 1 of
chapter 174 of the laws of 1968, constituting the New York state urban
development corporation act, as added by section 55 of part FFF of chap-
ter 56 of the laws of 2022, is amended to read as follows:
S. 4005--A 79 A. 3005--A
(c) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section 67-b of the state finance law, the dormitory authority
of the state of New York and the urban development corporation are
authorized until March 31, [2023] 2024 to: (i) enter into one or more
line of credit facilities not in excess of two billion dollars in aggre-
gate principal amount; (ii) draw, at one or more times at the direction
of the director of the budget, upon such line of credit facilities and
provide to the state the amounts so drawn for the purpose of assisting
the state to temporarily finance its budgetary needs; provided, however,
that the total principal amounts of such draws for each fiscal year
shall not exceed two billion dollars; and (iii) secure repayment of all
draws under such line of credit facilities and the payment of related
expenses and fees, which repayment and payment obligations shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
moneys are available and that no liability shall be incurred by the
state beyond the moneys available for such purpose, and that such
payment obligation is subject to annual appropriation by the legisla-
ture. Any line of credit facility agreements entered into by the dormi-
tory authority of the state of New York and/or the urban development
corporation with financial institutions pursuant to this section may
contain such provisions that the dormitory authority of the state of New
York and/or the urban development corporation deem necessary or desira-
ble for the establishment of such credit facilities. The maximum term
of any line of credit facility shall be one year from the date of incur-
rence; provided however that no draw on any such line of credit facility
shall occur after March 31, [2023] 2024, and provided further that any
such line of credit facility whose term extends beyond March 31, [2023]
2024 shall be supported by sufficient appropriation authority enacted by
the legislature that provides for the repayment of all amounts drawn and
remaining unpaid as of March 31, [2023] 2024, as well as the payment of
related expenses and fees incurred and to become due and payable by the
dormitory authority of the state of New York and/or the urban develop-
ment corporation.
§ 50. Subdivision 2 of section 58 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as added by section 56 of part FFF of chapter 56 of the laws
of 2022, is amended to read as follows:
2. Definitions. When used in this section:
(A) "Commission" shall mean the gateway development commission, a
bi-state commission and a body corporate and politic established by the
state of New Jersey and the state of New York, acting in the public
interest and exercising essential governmental functions in accordance
with the Gateway development commission act, and any successor thereto.
(B) "Federal transportation loan" shall mean one or more loans made to
the commission to finance the Hudson tunnel project under or pursuant to
any U.S. Department of Transportation program or act, including but not
limited to the Railroad Rehabilitation & Improvement Financing Program
or the Transportation Infrastructure Finance and Innovation Act, which
loan or loans are related to the state capital commitment.
(C) "Gateway development commission act" shall mean chapter 108 of the
laws of New York, 2019, as amended.
(D) "Gateway project" shall mean the Hudson tunnel project.
(E) "Hudson tunnel project" shall mean the project consisting of
construction of a tunnel connecting the states of New York and New
S. 4005--A 80 A. 3005--A
Jersey and the completion of certain ancillary facilities including
construction of concrete casing at Hudson Yards in Manhattan, New York
and the rehabilitation of the existing North River Tunnels.
(F) "State capital commitment" shall mean an aggregate principal
amount not to exceed [$2,350,000,000] $2,850,000,000, plus any interest
costs, including capitalized interest, and related expenses and fees
payable by the state of New York to the commission under one or more
service contracts or other agreements pursuant to this section, as well
as any expenses of the state incurred in connection therewith.
(G) "Related expenses and fees" shall mean commitment fees and other
ancillary costs, expenses and fees incurred, and to become due and paya-
ble, by the commission in connection with the Federal transportation
loan.
§ 51. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2024 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section fifty-three of this act,
provided that the annual amount of the transfer shall be no more than
the principal and interest that would have otherwise been due to the
power authority of the state of New York, from any state agency, in a
given state fiscal year. Amounts pertaining to special revenue accounts
assigned to the state university of New York shall be considered inter-
changeable between the designated special revenue accounts as to meet
the requirements of this section and section fifty-three of this act:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from the miscellaneous special revenue fund, state
university dormitory income reimbursable account (21937).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 52. Section 59 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 59 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 59. The dormitory authority of the state of New York, the New York
state urban development corporation, and the New York state thruway
authority are hereby authorized to issue bonds in one or more series
under either article 5-C or article 5-F of the state finance law for the
purpose of refunding obligations of the power authority of the state of
New York to fund energy efficiency projects at state agencies including,
but not limited to, the state university of New York, city university of
New York, the New York state office of general services, New York state
office of mental health, state education department, and New York state
department of agriculture and markets. The aggregate principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [two hundred million dollars ($200,000,000)] FOUR HUNDRED SEVEN-
TY-FIVE MILLION DOLLARS ($475,000,000), excluding bonds issued to pay
costs of issuance of such bonds and to refund or otherwise repay such
bonds. Such bonds issued by the dormitory authority of the state of New
York, the New York state urban development corporation, and New York
state thruway authority shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state under article 5-C or article
5-F of the state finance law, as applicable.
S. 4005--A 81 A. 3005--A
§ 53. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 49 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed twelve billion five
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds. Notwithstanding any other provision of law to
the contrary, including the limitations contained in subdivision four of
section sixty-seven-b of the state finance law, (A) any bonds and notes
issued prior to April first, two thousand [twenty-three] TWENTY-FOUR
pursuant to this section may be issued with a maximum maturity of fifty
years, and (B) any bonds issued to refund such bonds and notes may be
issued with a maximum maturity of fifty years from the respective date
of original issuance of such bonds and notes.
§ 54. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as amended by section 46 of part JJ of chapter 56 of the
laws of 2020, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twenty-three.]
§ 55. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty and twenty-two, of this act shall
S. 4005--A 82 A. 3005--A
expire March 31, 2024 when upon such date the provisions of such
sections shall be deemed repealed.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through CC of this act shall be
as specifically set forth in the last section of such Parts.
2023-S4005B - Details
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2023-S4005B - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2023-2024 state fiscal year; relates to the psychological testing of candidates; relates to expanding the geographic area of employment of certain police officers; relates to prisoner furloughs in certain cases and the crime of absconding therefrom
2023-S4005B - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4005--B
I N S E N A T E
February 1, 2023
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read twice and ordered printed, and when printed
to be committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend chapter 887 of the laws of 1983, amending the correction
law relating to the psychological testing of candidates, in relation
to the effectiveness thereof; to amend chapter 428 of the laws of
1999, amending the executive law and the criminal procedure law relat-
ing to expanding the geographic area of employment of certain police
officers, in relation to extending the expiration of such chapter; to
amend chapter 886 of the laws of 1972, amending the correction law and
the penal law relating to prisoner furloughs in certain cases and the
crime of absconding therefrom, in relation to the effectiveness there-
of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in
relation to the effectiveness thereof; to amend chapter 339 of the
laws of 1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation to the effec-
tiveness thereof; to amend chapter 60 of the laws of 1994 relating to
certain provisions which impact upon expenditure of certain appropri-
ations made by chapter 50 of the laws of 1994 enacting the state oper-
ations budget, in relation to the effectiveness thereof; to amend
chapter 55 of the laws of 1992, amending the tax law and other laws
relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 907 of the laws of 1984, amending the correction law,
the New York city criminal court act and the executive law relating to
prison and jail housing and alternatives to detention and incarcera-
tion programs, in relation to extending the expiration of certain
provisions of such chapter; to amend chapter 166 of the laws of 1991,
amending the tax law and other laws relating to taxes, in relation to
extending the expiration of certain provisions of such chapter; to
amend the vehicle and traffic law, in relation to extending the expi-
ration of the mandatory surcharge and victim assistance fee; to amend
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-04-3
S. 4005--B 2
chapter 713 of the laws of 1988, amending the vehicle and traffic law
relating to the ignition interlock device program, in relation to
extending the expiration thereof; to amend chapter 435 of the laws of
1997, amending the military law and other laws relating to various
provisions, in relation to extending the expiration date of the merit
provisions of the correction law and the penal law of such chapter; to
amend chapter 412 of the laws of 1999, amending the civil practice law
and rules and the court of claims act relating to prisoner litigation
reform, in relation to extending the expiration of the inmate filing
fee provisions of the civil practice law and rules and general filing
fee provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001 amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018, amending the criminal procedure law relating to the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); intentionally omitted (Part B); to
amend the public health law, in relation to authorizing body scanner
utilization in the department of corrections and community supervision
(Part C); intentionally omitted (Part D); to amend the executive law,
in relation to the reporting of certain criminal offenses to a central
repository (Part E); to amend the penal law, in relation to certain
crimes relating to the possession of a firearm (Subpart A); and to
amend the penal law, in relation to the purchase and sale of semiauto-
matic rifles (Subpart B) (Part F); to amend the state finance law and
executive law, in relation to establishing a hazard mitigation revolv-
ing loan fund (Part G); to amend the volunteer firefighters' benefit
law and the general municipal law, in relation to permitting the
paying of a stipend to volunteer firefighters; and to amend the tax
law, in relation to increasing the volunteer firefighters' and ambu-
S. 4005--B 3
lance workers' credit (Part H); intentionally omitted (Part I); to
amend the military law, in relation to the expansion of eligibility
for World Trade Center death and disability benefits for members of
New York's organized militia (Part J); intentionally omitted (Part K);
to amend the alcoholic beverage control law, in relation to the issu-
ance of temporary wholesale permits (Part L); intentionally omitted
(Part M); intentionally omitted (Part N); to amend the alcoholic
beverage control law, in relation to the issuance of temporary retail
permits, and to amend chapter 396 of the laws of 2010 amending the
alcoholic beverage control law relating to liquidator's permits and
temporary retail permits, in relation to the effectiveness thereof
(Part O); to amend the county law and the judiciary law, in relation
to entitled compensation for client representation (Part P); to amend
chapter 303 of the laws of 1988, relating to the extension of the
state commission on the restoration of the capitol, in relation to
extending such provisions for an additional five years (Part Q); to
amend the state finance law, in relation to methods of procurement;
and repealing certain provisions of such law relating thereto (Part
R); to amend the civil service law, in relation to competitive work-
force expansion and retention (Part S); to amend the civil service
law, in relation to employment and transfer of certain persons with
disabilities (Part T); intentionally omitted (Part U); to amend part
HH of chapter 56 of the laws of 2022 amending the retirement and
social security law relating to waiving approval and income limita-
tions on retirees employed in school districts and board of cooper-
ative educational services, in relation to the effectiveness thereof
(Part V); to amend the retirement and social security law, in relation
to allowing participating employers of the New York state and local
retirement system to withdraw from the contribution stabilization
program (Part W); intentionally omitted (Part X); to amend the general
municipal law, in relation to moving the special accidental death
benefit appropriation from the department of audit and control to the
general fund's miscellaneous all state department and agencies (Part
Y); to amend the executive law, in relation to the first class of the
commission on ethics and lobbying in government (Part Z); to amend the
tax law and part C of chapter 2 of the laws of 2005 amending the tax
law relating to exemptions from sales and use taxes, in relation to
extending certain provisions thereof; to amend the general city law
and the administrative code of the city of New York, in relation to
extending certain provisions relating to specially eligible premises
and special rebates; to amend the administrative code of the city of
New York, in relation to extending certain provisions relating to
exemptions and deductions from base rent; to amend the real property
tax law, in relation to extending certain provisions relating to
eligibility periods and requirements; to amend the real property tax
law, in relation to extending certain provisions relating to eligi-
bility periods and requirements, benefit periods and applications for
abatements; and to amend the administrative code of the city of New
York, in relation to extending certain provisions relating to a
special reduction in determining the taxable base rent (Part AA);
intentionally omitted (Part BB); providing for the administration of
certain funds and accounts related to the 2023-2024 budget, authoriz-
ing certain payments and transfers; to amend the state finance law, in
relation to the administration of certain funds and accounts; to amend
the military law, in relation to the deposit of funds for the use of
armories; to amend the state finance law, in relation to the rainy day
S. 4005--B 4
reserve fund; to amend part D of chapter 389 of the laws of 1997
relating to the financing of the correctional facilities improvement
fund and the youth facility improvement fund, in relation to the issu-
ance of certain bonds or notes; to amend part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, in relation to the
issuance of certain bonds or notes; to amend the public authorities
law, in relation to the issuance of certain bonds or notes; to amend
part K of chapter 81 of the laws of 2002 relating to providing for the
administration of certain funds and accounts related to the 2002-2003
budget, in relation to the issuance of certain bonds and notes; to
amend part D of chapter 63 of the laws of 2005 relating to the compo-
sition and responsibilities of the New York state higher education
capital matching grant board, in relation to the issuance of certain
bonds and notes; to amend the New York state medical care facilities
finance agency act, in relation to the issuance of certain bonds or
notes; to amend the New York state urban development corporation act,
in relation to the issuance of certain bonds or notes; to amend chap-
ter 329 of the laws of 1991, amending the state finance law and other
laws relating to the establishment of the dedicated highway and bridge
trust fund, in relation to the issuance of certain bonds or notes; to
amend the public authorities law, in relation to the issuance of
certain bonds or notes; to amend the private housing finance law, in
relation to housing program bonds and notes; to amend the New York
state urban development corporation act, in relation to the nonprofit
infrastructure capital investment program; to amend the New York state
urban development corporation act, in relation to permitting the
dormitory authority, the New York state urban development corporation,
and the thruway authority to issue bonds for the purpose of refunding
obligations of the power authority of the state of New York to fund
energy efficiency projects at state agencies; to amend the public
authorities law, in relation to financing of metropolitan transporta-
tion authority (MTA) transportation facilities; to amend the state
finance law, in relation to payments of bonds; and providing for the
repeal of certain provisions upon expiration thereof (Part CC); to
amend the election law, the education law, the civil practice law and
rules, and the state finance law, in relation to regulating public
data maintained by county and city boards of elections and establish-
ing the New York voting and elections database and institute to main-
tain a statewide database of voting and election data (Part DD); to
amend the election law, in relation to enacting the "democracy preser-
vation act"; and in relation to prohibiting contributions by foreign-
influenced business entities and requiring certification (Part EE); to
amend the tax law, in relation to subtracting from the federal
adjusted gross income any income earned by election inspectors, poll
clerks, or election coordinators; and to amend the social services
law, in relation to exempting income earned by election inspectors,
poll clerks, or election coordinators from being included in the
calculation of the amount of benefits under public assistance programs
(Part FF); to amend the election law, in relation to the compensation
of election inspectors and coordinators (Part GG); to amend the
election law, in relation to establishing minimum staffing levels for
local board of elections (Part HH); to amend the election law, in
relation to making commissioners full time employees of the board
(Part II); to amend the election law, in relation to mandatory train-
ing curriculum for poll workers (Part JJ); to amend the election law,
S. 4005--B 5
in relation to mandatory training curriculum for election commission-
ers and key staff of boards of elections (Part KK); in relation to
establishing the New York state aid and incentives for municipalities
redesign task force; and providing for the repeal of such provisions
upon expiration thereof (Part LL); to amend the executive law, in
relation to establishing the office of Native American affairs (Part
MM); to amend the executive law, in relation to establishing the New
York Asian American and Pacific Islander commission (Part NN); in
relation to amending state construction and commodity contracts to
provide equitable relief to contractors who have sustained unantic-
ipated expenses by reason of construction materials price escalation;
and providing for the repeal of such provisions upon the expiration
thereof(Part OO); to amend the state law, in relation to the
description of the arms of the state and the state flag (Part PP); to
amend the executive law, in relation to establishing the office of
racial equity and social justice (Part QQ); to amend the family court
act, in relation to the hours of operation for family courts; and
providing for the repeal of such provisions upon expiration thereof
(Part RR); to amend the penal law, in relation to fees charged for a
license to carry or possess a pistol or revolver in the county of
Westchester (Part SS); to amend the correction law, in relation to
incarcerated individuals with a serious mental illness (Part TT); to
amend the criminal procedure law, the executive law and the correction
law, in relation to automatic sealing of certain convictions (Part
UU); to amend the state technology law, in relation to establishing a
database of inventories of information systems maintained by or on
behalf of state entities (Part VV); to amend the retirement and social
security law, in relation to authorizing police/fire members of the
New York city fire department pension fund to obtain credit for
service as an EMT member (Part WW); to amend the judiciary law, in
relation to audio-visual coverage of judicial proceedings; and to
repeal section 218 of the judiciary law and section 52 of the civil
rights law relating thereto (Part XX); to amend the education law, in
relation to the New York state district attorney and indigent legal
services attorney loan forgiveness program (Part YY); intentionally
omitted (Part ZZ); to amend the general municipal law, in relation to
the Orange county industrial development agency and an appointment of
a monitor; to amend the public authorities law, in relation to the
powers and duties of the authorities budget office; and providing for
the repeal of certain provisions of the general municipal law upon
expiration thereof (Part AAA); to amend the retirement and social
security law, in relation to increasing the earning limitations for
retired persons in positions of public service (Part BBB); to amend
the retirement and social security law, in relation to the calculation
of past service credit for police officers employed by the division of
law enforcement in the department of environmental protection in the
city of New York transferring between the New York city employees'
retirement system to the New York state and local police and fire
retirement system (Part CCC); to amend the judiciary law, in relation
to requiring the chief administrator of the courts to provide certain
reports related to the office of court administration (Part DDD); to
amend the retirement and social security law, in relation to providing
certain death benefits to correction officers, correction officer-ser-
geants, correction officer-captains, assistant wardens, associate
wardens or wardens employed by Westchester county (Part EEE); and to
amend the retirement and social security law, in relation to providing
S. 4005--B 6
certain death benefits to county fire marshals, supervising fire
marshals, fire marshals, assistant fire marshals, assistant chief fire
marshals, chief fire marshals and division supervising fire marshals
employed by Nassau county (Part FFF)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state public protection and general govern-
ment budget for the 2023-2024 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through FFF. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2023] 2025.
§ 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
geographic area of employment of certain police officers, as amended by
section 2 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2023] 2025, when it
shall expire and be deemed repealed.
§ 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025.
§ 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2023] 2025 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and community supervision
S. 4005--B 7
shall report each January first and July first during such time as the
earned eligibility program is in effect, to the chairmen of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the standards in effect for earned eligibility during the prior
six-month period, the number of inmates subject to the provisions of
earned eligibility, the number who actually received certificates of
earned eligibility during that period of time, the number of inmates
with certificates who are granted parole upon their first consideration
for parole, the number with certificates who are denied parole upon
their first consideration, and the number of individuals granted and
denied parole who did not have earned eligibility certificates.
§ 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2023] 2025 and be applicable
to all persons entering the program on or before August 31, [2023] 2025.
§ 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2023] 2025, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes commit-
tee, the assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under the custody
and control of the commissioner who have applied for participation in
any program offered under the provisions of work release, furlough, or
leave, and the number of such inmates who have been approved for partic-
ipation.
§ 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994, enacting the
state operations budget, as amended by section 7 of part A of chapter 55
of the laws of 2021, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2023] 2025; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program on
or after such effective date; and
§ 8. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part A of chapter 55 of
the laws of 2021, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2023] 2025;
§ 9. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 11 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
S. 4005--B 8
§ 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2023] 2025 on which date those
provisions shall be deemed to be repealed.
§ 10. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 12 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2023] 2025, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2023] 2025 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
S. 4005--B 9
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty-three] TWENTY-
FIVE.
§ 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 14 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2023] 2025 when upon such date the provisions of this act shall be
deemed repealed.
§ 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 15 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2023] 2025;
§ 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 16 of part A of chap-
ter 55 of the laws of 2021, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2023]
2025, when upon such date it shall expire.
§ 15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 17 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2023]
2025.
§ 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
S. 4005--B 10
section 18 of part A of chapter 55 of the laws of 2021, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2023] 2025, when upon such
date the provisions of this act shall be deemed repealed.
§ 17. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 19 of
part A of chapter 55 of the laws of 2021, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2023] 2025;
§ 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
inal procedure law relating to electronic court appearance in certain
counties, as amended by section 20 of part A of chapter 55 of the laws
of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2023] 2025 when upon such date the provisions of this act
shall be deemed repealed.
§ 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 21 of part A of chapter 55 of the
laws of 2021, is amended to read as follows:
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2023] 2025, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
§ 20. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
S. 4005--B 11
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 22 of part A of chapter
55 of the laws of 2021, is amended to read as follows:
§ 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2023] 2025.
§ 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
the military law relating to military funds of the organized militia, as
amended by section 23 of part A of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 3. This act shall take effect immediately; provided however that the
amendments made to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2023] 2025.
§ 22. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 24 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2023] 2025, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the chairmen of the senate crime victims, crime and correction
committee, the senate codes committee, the assembly correction commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period, including the total number for each date at each facility who
are not residing within the facility, but who are required to report to
the facility on a daily or less frequent basis.
§ 23. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 25 of part A of
chapter 55 of the laws of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2023] 2025, when it shall expire and
be deemed repealed.
§ 24. This act shall take effect immediately.
PART B
Intentionally Omitted
PART C
Section 1. Subparagraphs (i) and (ii) of paragraph (a), paragraph (b),
subparagraphs (i), (ii), (iii) and (v) of paragraph (c), paragraph (e)
and the opening paragraph and subparagraphs (i) and (ii) of paragraph
(f) of subdivision 6 of section 3502 of the public health law, subpara-
graph (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii) and
(v) of paragraph (c), paragraph (e) and the opening paragraph of para-
graph (f) as added by chapter 313 of the laws of 2018, subparagraph (i)
of paragraph (a), subparagraph (ii) of paragraph (c), and subparagraphs
(i) and (ii) of paragraph (f) as amended by chapter 486 of the laws of
2022, are amended to read as follows:
S. 4005--B 12
(i) Notwithstanding the provisions of this section or any other
provision of law, rule or regulation to the contrary, licensed practi-
tioners, persons licensed under this article and unlicensed personnel
employed at a STATE OR local correctional facility[may], in a manner
permitted by the regulations promulgated pursuant to this subdivision,
utilize body imaging scanning equipment that applies ionizing radiation
to humans for purposes of screening [incarcerated] individuals DETAINED
IN OR committed to such facility AND VISITORS VISITING SUCH FACILITY, in
connection with the implementation of such facility's security program.
(ii) The utilization of such body imaging scanning equipment shall be
in accordance with regulations promulgated by the department, or FOR
LOCAL CORRECTIONAL FACILITIES in cities having a population of two
million or more, such utilization shall be in accordance with regu-
lations promulgated by the New York city department of health and mental
hygiene. THE STATE COMMISSION OF CORRECTION, IN CONSULTATION WITH THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, SHALL PROMULGATE
REGULATIONS ESTABLISHING WHEN BODY IMAGING SCANNING EQUIPMENT WILL BE
USED TO SCREEN VISITORS IN STATE AND LOCAL CORRECTIONAL FACILITIES.
(b) Prior to establishing, maintaining or operating in a STATE OR
local correctional facility, any body imaging scanning equipment, the
chief administrative officer of the facility shall ensure that such
facility is in compliance with the regulations promulgated pursuant to
this subdivision and otherwise applicable requirements for the installa-
tion, registration, maintenance, operation and inspection of body imag-
ing scanning equipment.
(i) A requirement that prior to operating body imaging scanning equip-
ment, unlicensed personnel employed at STATE OR local correctional
facilities, shall have successfully completed a training course approved
by the department, or FOR LOCAL CORRECTIONAL FACILITIES in cities of two
million or more, approved by the New York city department of health and
mental hygiene, and that such personnel receive additional training on
an annual basis;
(ii) Limitations on exposure which shall be no more than fifty percent
of the annual exposure limits for non-radiation workers as specified by
applicable regulations, except that [incarcerated] individuals under the
age of eighteen shall not be subject to more than five percent of such
annual exposure limits, and pregnant women shall not be subject to such
scanning at any time. Procedures for identifying pregnant women shall be
set forth in the regulations;
(iii) Registration with the department of each body imaging scanning
machine purchased or installed at a STATE OR local correctional facili-
ty;
(v) A requirement that records be kept regarding each use of body
imaging scanning equipment by the STATE OR local correctional facility.
(e) For the purposes of this subdivision[,]:
(I) "[local] LOCAL correctional facility" shall have the same meaning
as found in subdivision sixteen of section two of the correction law.
(II) "STATE CORRECTIONAL FACILITY" SHALL MEAN A "CORRECTIONAL FACILI-
TY" AS DEFINED IN SUBDIVISION FOUR OF SECTION TWO OF THE CORRECTION LAW.
Any local government agency that utilizes body imaging scanning equip-
ment in a STATE OR local correctional facility under its jurisdiction
shall submit an annual report to the department, the speaker of the
assembly, and the temporary president of the senate. IF BODY IMAGING
SCANNING EQUIPMENT IS UTILIZED IN ONE OR MORE STATE CORRECTIONAL FACILI-
TIES, THEN THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, AS
APPLICABLE, SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT, THE SPEAKER
S. 4005--B 13
OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF THE SENATE. Such report
BY EITHER THE LOCAL GOVERNMENT AGENCY OR THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION shall be submitted within eighteen months
after the initial date of registration of such equipment with the
department, and annually thereafter, and shall contain the following
information as to each such facility:
(i) the number of times the equipment was used on [incarcerated] indi-
viduals DETAINED IN, COMMITTED TO OR VISITING THE FACILITY upon intake,
BEFORE VISITS, after visits, and upon the suspicion of contraband, as
well as any other event that triggers the use of such equipment;
(ii) the average, median, and highest number of times the equipment
was used on any [incarcerated] individual DETAINED IN, COMMITTED TO OR
VISITING THE FACILITY, with corresponding exposure levels;
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however, that the amendments to
subdivision 6 of section 3502 of the public health law made by section
one of this act shall not affect the repeal of such subdivision and
shall be deemed repealed therewith. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
PART D
Intentionally Omitted
PART E
Section 1. The executive law is amended by adding a new section 236 to
read as follows:
§ 236. CRIMINAL OFFENSES INVOLVING THE DISCHARGE OF ANY FIREARM, SHOT-
GUN, OR RIFLE. 1. THE DIVISION OF STATE POLICE SHALL MAINTAIN A STATE-
WIDE REPOSITORY OF DATA RELATING TO CRIMINAL OFFENSES INVOLVING THE
DISCHARGE OF ANY FIREARM, SHOTGUN, OR RIFLE AND SHALL DEVELOP AND IMPLE-
MENT A PROGRAM TO PROVIDE FOR THE COLLECTION OF SUCH DATA AND THE
REPORTING THEREOF BY LAW ENFORCEMENT AGENCIES. THE SUPERINTENDENT OF THE
DIVISION OF STATE POLICE SHALL ADOPT AND PROMULGATE REGULATIONS
PRESCRIBING REPORTING PROCEDURES FOR SUCH STATE OR LOCAL LAW ENFORCEMENT
AGENCIES, INCLUDING THE FORM FOR REPORTING SUCH INFORMATION. DATA
ACQUIRED BY LAW ENFORCEMENT AGENCIES RELATING TO CRIMINAL OFFENSES
INVOLVING THE DISCHARGE OF ANY FIREARM, SHOTGUN, OR RIFLE SHALL BE SENT
TO THE REPOSITORY AS SOON AS PRACTICABLE, BUT IN NO CASE MORE THAN
SEVENTY-TWO HOURS AFTER THE AGENCY HAS DETERMINED THAT THE FIREARM,
RIFLE, OR SHOTGUN DISCHARGE OCCURRED IN CONNECTION WITH A CRIMINAL
OFFENSE. IN ADDITION TO ANY OTHER INFORMATION WHICH THE SUPERINTENDENT
OF THE DIVISION OF STATE POLICE MAY REQUIRE, THE REPORTING SHALL
INCLUDE: (A) THE LOCATION OF THE INCIDENT; (B) THE NATURE OF THE CRIMI-
NAL OFFENSE AND THE CIRCUMSTANCES OF THE FIREARM, RIFLE, OR SHOTGUN
DISCHARGE; (C) THE NATURE AND EXTENT OF ANY INJURIES SUFFERED AS A
RESULT OF THE FIREARM, RIFLE, OR SHOTGUN DISCHARGE; (D) THE FIREARM,
RIFLE, OR SHOTGUN MANUFACTURER, MODEL, SERIAL NUMBER, CALIBER, AND ANY
AMMUNITION MICROSTAMPING IDENTIFIER; (E) WHETHER THE FIREARM, RIFLE, OR
SHOTGUN HAS BEEN RECOVERED BY A LAW ENFORCEMENT AGENCY; (F) WHETHER AN
ARREST HAS BEEN MADE AND, IF SO, THE CRIMES CHARGED; AND (G) ANY INFOR-
S. 4005--B 14
MATION RELATED TO ANY AMMUNITION CARTRIDGE CASES RECOVERED AT THE SCENE
INCLUDING, BUT NOT LIMITED TO, THE CALIBER AND MANUFACTURER.
2.(A) SUCH REPOSITORY SHALL NOT INCLUDE PERSONALLY IDENTIFIABLE INFOR-
MATION.
(B) FOR THE PURPOSES OF THIS SECTION, "PERSONALLY IDENTIFIABLE INFOR-
MATION" SHALL MEAN ANY INFORMATION CONCERNING A PERSON, WHICH, BECAUSE
OF A NAME, NUMBER, OR OTHER IDENTIFIERS, CAN BE USED TO IDENTIFY SUCH
PERSON, INCLUDING A PERSON'S FULL NAME, RESIDENTIAL ADDRESS (BUT NOT
CITY, COUNTY, OR THE 5-DIGIT ZIP CODE), DATE OF BIRTH, SOCIAL SECURITY
NUMBER, DRIVER'S LICENSE NUMBER, PASSPORT NUMBER, PHONE NUMBER, BIOME-
TRIC INFORMATION, MEANING DATA GENERATED BY ELECTRONIC MEASUREMENTS OF
AN INDIVIDUAL'S UNIQUE PHYSICAL CHARACTERISTICS, SUCH AS A FINGERPRINT,
OR OTHER UNIQUE PHYSICAL REPRESENTATION OF BIOMETRIC DATA WHICH ARE USED
TO ASCERTAIN A PERSON'S IDENTITY AND ANY OTHER BIOMETRIC INFORMATION
THAT COULD BE USED TO IDENTIFY A PERSON.
3. DATA COLLECTED FOR THE PURPOSES OF BEING STORED IN THE REPOSITORY
SHALL NOT CONTAIN OR INCLUDE PERSONALLY IDENTIFIABLE INFORMATION THAT
MAY REVEAL THE IDENTITY OF ANY INDIVIDUAL OR PERSON.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART F
Section 1. This act enacts into law components of legislation relating
to firearms and body armor. Each component is wholly contained within a
Part identified as Subparts A through B. The effective date for each
particular provision contained within such Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section two
of this act sets forth the general effective date of this act.
SUBPART A
Section 1. Section 265.01-e of the penal law, as added by chapter 371
of the laws of 2022, is amended to read as follows:
§ 265.01-e Criminal possession of a firearm, rifle or shotgun in a
sensitive location.
1. A person is guilty of criminal possession of a firearm, rifle or
shotgun in a sensitive location when such person possesses a firearm,
rifle or shotgun in or upon a sensitive location, and such person knows
or reasonably should know such location is a sensitive location.
2. For the purposes of this section, a sensitive location shall mean:
(a) any place owned or under the control of federal, state or local
government, for the purpose of government administration, including
courts;
(b) any location providing health, behavioral health, or chemical
dependance care or services;
(c) any place of worship [or religious observation], EXCEPT FOR THOSE
PERSONS RESPONSIBLE FOR SECURITY AT SUCH PLACE OF WORSHIP;
(d) libraries, public playgrounds, public parks, and zoos, PROVIDED,
HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO THE POSSESSION OF A
FIREARM WITHIN THE ADIRONDACK PARK AND CATSKILL PARK THAT IS OTHERWISE
PERMITTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE ENVI-
RONMENTAL CONSERVATION LAW;
S. 4005--B 15
(e) the location of any program licensed, regulated, certified, fund-
ed, or approved by the office of children and family services that
provides services to children, youth, or young adults, any legally
exempt childcare provider; a childcare program for which a permit to
operate such program has been issued by the department of health and
mental hygiene pursuant to the health code of the city of New York;
(f) nursery schools, preschools, and summer camps;
(g) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office for people with developmental disabili-
ties;
(h) the location of any program licensed, regulated, certified, oper-
ated, or funded by office of addiction services and supports;
(i) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of mental health;
(j) the location of any program licensed, regulated, certified, oper-
ated, or funded by the office of temporary and disability assistance;
(k) homeless shelters, runaway homeless youth shelters, family shel-
ters, shelters for adults, domestic violence shelters, and emergency
shelters, and residential programs for victims of domestic violence;
(l) residential settings licensed, certified, regulated, funded, or
operated by the department of health;
(m) in or upon any building or grounds, owned or leased, of any educa-
tional institutions, colleges and universities, licensed private career
schools, school districts, public schools, private schools licensed
under article one hundred one of the education law, charter schools,
non-public schools, board of cooperative educational services, special
act schools, preschool special education programs, private residential
or non-residential schools for the education of students with disabili-
ties, and any state-operated or state-supported schools;
(n) any place, conveyance, or vehicle used for public transportation
or public transit, subway cars, train cars, buses, ferries, railroad,
omnibus, marine or aviation transportation; or any facility used for or
in connection with service in the transportation of passengers,
airports, train stations, subway and rail stations, and bus terminals;
(o) any establishment [issued a] HOLDING AN ACTIVE license for
on-premise consumption pursuant to article four, four-A, five, or six of
the alcoholic beverage control law where alcohol is consumed and any
establishment licensed under article four of the cannabis law for
on-premise consumption;
(p) any place used for the performance, art entertainment, gaming, or
sporting events such as theaters, stadiums, racetracks, museums, amuse-
ment parks, performance venues, concerts, exhibits, conference centers,
banquet halls, and gaming facilities and video lottery terminal facili-
ties as licensed by the gaming commission;
(q) any location being used as a polling place;
(r) any public sidewalk or other public area restricted from general
public access for a limited time or special event that has been issued a
permit for such time or event by a governmental entity, or subject to
specific, heightened law enforcement protection, or has otherwise had
such access restricted by a governmental entity, provided such location
is identified as such by clear and conspicuous signage;
(s) any gathering of individuals to collectively express their consti-
tutional rights to protest or assemble;
(t) the area commonly known as Times Square, as such area is deter-
mined and identified by the city of New York; provided such area shall
be clearly and conspicuously identified with signage.
S. 4005--B 16
3. This section shall not apply to:
(a) [consistent with federal law, law enforcement who qualify to carry
under the federal law enforcement officers safety act,] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C 926B, OR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS
WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C.
926C;
(b) persons who are police officers as defined in subdivision thirty-
four of section 1.20 of the criminal procedure law;
(c) persons who are designated peace officers by section 2.10 of the
criminal procedure law;
(d) persons who were employed as police officers as defined in subdi-
vision thirty-four of section 1.20 of the criminal procedure law but are
retired;
(e) security guards as defined by and registered under article seven-A
of the general business law, who have been granted a special armed
registration card, while at the location of their employment and during
their work hours as such a security guard;
(f) active-duty military personnel;
(g) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties;
(h) a government employee under the express written consent of such
employee's supervising government entity for the purposes of natural
resource protection and management;
(i) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity, including hunter
education training] LICENSE, PERMIT OR LICENSE ISSUED BY THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION, OR AS OTHERWISE AUTHORIZED PURSUANT TO
THE ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; [or]
(j) persons operating a program in a sensitive location out of their
residence, [as defined by this section,] which is licensed, certified,
authorized, or funded by the state or a municipality, so long as such
possession is in compliance with any rules or regulations applicable to
the operation of such program and use or storage of firearms;
(K) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT;
(L) PERSONS WHILE ENGAGED IN HISTORICAL REENACTMENTS OR MOTION PICTURE
OR THEATRICAL PRODUCTIONS, OR WHILE PROVIDING AN EDUCATIONAL DEMON-
STRATION REGARDING HISTORICAL WEAPONS OR WARFARE;
(M) PERSONS, WHILE ACTING WITHIN THE SCOPE OF THEIR OFFICIAL DUTIES,
RESPONSIBLE FOR STORAGE OR DISPLAY OF ANTIQUE FIREARMS, RIFLES OR SHOT-
GUNS AT MUSEUMS AND HISTORIC SITES;
(N) PERSONS WHILE PARTICIPATING IN MILITARY CEREMONIES, FUNERALS, AND
HONOR GUARDS;
(O) PERSONS WHILE LAWFULLY ENGAGING IN LEARNING, PRACTICING, TRAINING
FOR, COMPETING IN, OR TRAVELLING INTO OR WITHIN THE STATE TO LEARN,
PRACTICE, TRAIN FOR, OR COMPETE IN, THE SPORT OF BIATHLON; OR
(P) PERSONS ENGAGING IN FIREARM SAFETY SHOOTING INSTRUCTION CONDUCTED
AT A CAMP REGULATED BY ARTICLE THIRTEEN-B OR FOURTEEN OF THE PUBLIC
HEALTH LAW OR OPERATING PURSUANT TO A TEMPORARY RESIDENCE PERMIT AS
S. 4005--B 17
REQUIRED BY PARAGRAPH (O) OF SUBDIVISION FIVE OF SECTION TWO HUNDRED
TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND ANY REGULATIONS PROMULGATED BY
THE COMMISSIONER OF HEALTH, AT AN APPROVED SHOOTING RANGE, PROVIDED THAT
SUCH INSTRUCTION IS UNDER THE DIRECTION OF A CERTIFIED SHOOTING INSTRUC-
TOR.
Criminal possession of a firearm, rifle or shotgun in a sensitive
location is a class E felony.
§ 2. Section 265.01-d of the penal law, as added by chapter 371 of the
laws of 2022, is amended to read as follows:
§ 265.01-d Criminal possession of a weapon in a restricted location.
1. A person is guilty of criminal possession of a weapon in a
restricted location when such person possesses a firearm, rifle, or
shotgun and enters into or remains on or in private property where such
person knows or reasonably should know that the owner or lessee of such
property has not permitted such possession by clear and conspicuous
signage indicating that the carrying of firearms, rifles, or shotguns on
their property is permitted or [has] BY otherwise [given] GIVING express
consent.
2. This section shall not apply to:
(a) police officers as defined in section 1.20 of the criminal proce-
dure law;
(b) persons who are designated peace officers as defined in section
2.10 of the criminal procedure law;
(c) [persons who were employed as police officers as defined in
section 1.20 of the criminal procedure law, but are] QUALIFIED LAW
ENFORCEMENT OFFICERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS
PURSUANT TO 18 U.S.C. 926B, OR QUALIFIED retired LAW ENFORCEMENT OFFI-
CERS WHO ARE AUTHORIZED TO CARRY CONCEALED FIREARMS PURSUANT TO 18
U.S.C. 926C;
(d) security guards as defined by and registered under article seven-A
of the general business law who has been granted a special armed regis-
tration card, while at the location of their employment and during their
work hours as such a security guard;
(e) active-duty military personnel;
(f) persons licensed under paragraph (c), (d) or (e) of subdivision
two of section 400.00 of this chapter while in the course of his or her
official duties; [or]
(g) persons WHILE lawfully engaged in TAKING OF WILDLIFE OR ATTEMPTS
TO TAKE WILDLIFE PURSUANT TO A hunting [activity] LICENSE, PERMIT OR
LICENSE ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR AS
OTHERWISE AUTHORIZED PURSUANT TO SECTION 11-0707 AND 11-0709 OF THE
ENVIRONMENTAL CONSERVATION LAW, AND PERSONS WHILE ENGAGED IN HUNTER
EDUCATION TRAINING, MARKSMANSHIP PRACTICE, MARKSMANSHIP COMPETITION OR
TRAINING, OR TRAINING IN THE SAFE HANDLING AND USE OF FIREARMS; OR
(H) PERSONS, WHILE ACTING IN THE SCOPE OF THEIR OFFICIAL DUTIES, WHO
ARE EMPLOYED IN THE REVENUE CONTROL AND SECURITY DEPARTMENTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY, OR THE NEW YORK CITY TRANSIT
AUTHORITY OR AN AFFILIATE OR SUBSIDIARY THEREOF, WHO ARE AUTHORIZED TO
CARRY A FIREARM AS PART OF THEIR EMPLOYMENT.
Criminal possession of a weapon in a restricted location is a class E
felony.
§ 3. Subdivision 2 of section 265.45 of the penal law, as added by
chapter 371 of the laws of 2022, is amended to read as follows:
2. No person shall store or otherwise leave a rifle, shotgun, or
firearm out of [his or her] SUCH PERSON'S immediate possession or
control inside a vehicle without first removing the ammunition from and
S. 4005--B 18
securely locking such rifle, shotgun, or firearm in an appropriate safe
storage depository out of sight from outside of the vehicle; PROVIDED,
HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED
PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW OR QUALIFIED LAW ENFORCEMENT OFFICERS WHO ARE AUTHORIZED
TO CARRY CONCEALED FIREARMS PURSUANT TO 18 U.S.C. 926B, WHILE SUCH
POLICE OFFICER OR QUALIFIED LAW ENFORCEMENT OFFICER IS ACTING IN THE
COURSE OF SUCH PERSON'S OFFICIAL DUTIES, OR PERSONS IN THE MILITARY
SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN ACTING IN THE
COURSE OF SUCH PERSON'S OFFICIAL MILITARY DUTY OR EMPLOYMENT.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. This act shall take effect immediately.
SUBPART B
Section 1. Section 265.65 of the penal law, as added by chapter 212 of
the laws of 2022, is amended and a new section 265.65-a is added to read
as follows:
§ 265.65 Criminal purchase of a semiautomatic rifle IN THE SECOND
degree.
A person is guilty of criminal purchase of a semiautomatic rifle IN
THE SECOND DEGREE when [he or she] SUCH PERSON purchases or takes
possession of a semiautomatic rifle and does not possess a license to
purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. [Criminal purchase
of a semiautomatic rifle is a class A misdemeanor for the first offense
and a class E felony for subsequent offenses] THIS SECTION SHALL NOT
APPLY TO POLICE OFFICERS, AS DEFINED PURSUANT TO SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, PEACE OFFICERS AS DEFINED
PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, EXCEPT THOSE
PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH SECTION TO CARRY OR
POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE THEREFORE HAS BEEN
ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, PERSONS IN THE MILI-
TARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW YORK WHEN ACTING
IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR EMPLOYMENT, OR DEAL-
ERS IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION NINE OF SECTION
265.00 OF THIS ARTICLE.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE SECOND DEGREE IS A
CLASS A MISDEMEANOR.
§ 265.65-A CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE FIRST DEGREE WHEN SUCH PERSON:
1. PURCHASES OR TAKES POSSESSION OF A SEMIAUTOMATIC RIFLE AND DOES NOT
POSSESS A LICENSE TO PURCHASE OR TAKE POSSESSION OF SUCH SEMIAUTOMATIC
RIFLE AS PROVIDED IN SUBDIVISION TWO OF SECTION 400.00 OF THIS CHAPTER.
THIS SECTION SHALL NOT APPLY TO POLICE OFFICERS AS DEFINED PURSUANT TO
SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW,
PEACE OFFICERS AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, PERSONS IN THE MILITARY SERVICE OF THE UNITED STATES OR
THE STATE OF NEW YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILI-
TARY DUTIES OR EMPLOYMENT, OR DEALERS IN FIREARMS AS DEFINED PURSUANT TO
SUBDIVISION NINE OF SECTION 265.00 OF THIS ARTICLE; AND
S. 4005--B 19
2. HAS BEEN CONVICTED OF CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN
THE SECOND DEGREE WITHIN THE PREVIOUS TEN YEARS.
CRIMINAL PURCHASE OF A SEMIAUTOMATIC RIFLE IN THE FIRST DEGREE IS A
CLASS E FELONY.
§ 2. Section 265.66 of the penal law, as added by chapter 212 of the
laws of 2022, is amended to read as follows:
§ 265.66 Criminal sale of a semiautomatic rifle.
A person is guilty of criminal sale of a semiautomatic rifle when,
knowing or having reason to know it is a semiautomatic rifle, [he or
she] SUCH PERSON sells, exchanges, gives or disposes of a semiautomatic
rifle to another person and such other person does not possess a license
to purchase or take possession of a semiautomatic rifle as provided in
subdivision two of section 400.00 of this chapter. THIS SECTION SHALL
NOT APPLY TO A SALE, EXCHANGE, OR OTHER DISPOSITION OF A SEMIAUTOMATIC
RIFLE TO A PERSON WHO IS A POLICE OFFICER AS DEFINED PURSUANT TO SUBDI-
VISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, A
PEACE OFFICER AS DEFINED PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCE-
DURE LAW, EXCEPT THOSE PEACE OFFICERS WHO ARE NOT AUTHORIZED UNDER SUCH
SECTION TO CARRY OR POSSESS A FIREARM UNLESS THE APPROPRIATE LICENSE
THEREFORE HAS BEEN ISSUED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, A
PERSON IN THE MILITARY SERVICE OF THE UNITED STATES OR THE STATE OF NEW
YORK WHEN ACTING IN THE COURSE OF THEIR OFFICIAL MILITARY DUTIES OR
EMPLOYMENT, OR A DEALER IN FIREARMS AS DEFINED PURSUANT TO SUBDIVISION
NINE OF SECTION 265.00 OF THIS ARTICLE.
Criminal sale of a semiautomatic rifle is a class E felony.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
§ 2. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART G
Section 1. The state finance law is amended by adding a new section
99-qq to read as follows:
§ 99-QQ. HAZARD MITIGATION STATE REVOLVING LOAN FUND. 1. THERE IS
HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE STATE COMPTROLLER A NEW
FUND TO BE KNOWN AS THE "HAZARD MITIGATION REVOLVING LOAN FUND".
2. THE FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED THEREFORE, ALL
MONEYS RECEIVED BY THE STATE PURSUANT TO A CAPITALIZATION GRANT FROM THE
FEDERAL EMERGENCY MANAGEMENT AGENCY IN ACCORDANCE WITH THE SAFEGUARDING
TOMORROW THROUGH ONGOING RISK MITIGATION ACT OF 2020 (STORM ACT) (P.L.
116-284), PAYMENTS OF PRINCIPAL AND INTEREST ON LOANS MADE FROM THE
FUND, AND INTEREST EARNED ON AMOUNTS IN THE FUND.
3. MONEYS OF THE ACCOUNT, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES
TO MAKE LOANS PURSUANT TO SECTION SEVEN HUNDRED NINETEEN OF THE EXECU-
TIVE LAW.
§ 2. The executive law is amended by adding a new section 719 to read
as follows:
§ 719. LOANS FOR ELIGIBLE HAZARD MITIGATION ACTIVITIES. 1. THE
COMMISSIONER MAY MAKE LOANS TO LOCAL GOVERNMENTS FOR ELIGIBLE HAZARD
MITIGATION ACTIVITIES, AS DEFINED IN THE STORM ACT AND CORRESPONDING
FEDERAL REGULATIONS, TO REDUCE DISASTER RISKS FOR HOMEOWNERS, BUSI-
NESSES, NON-PROFIT ORGANIZATIONS, AND COMMUNITIES SUBJECT TO AVAILABLE
S. 4005--B 20
FUNDS FOR SUCH PURPOSE PURSUANT TO SECTION NINETY-NINE-QQ OF THE STATE
FINANCE LAW.
2. THE COMMISSIONER MAY MAKE LOANS UNDER THIS SECTION SUBJECT TO SUCH
OTHER TERMS AND CONDITIONS OF THE STORM ACT, AND RELATED FEDERAL AND
STATE RULES, REGULATIONS, POLICIES AND GUIDELINES.
§ 3. This act shall take effect immediately.
PART H
Section 1. Section 2 of the volunteer firefighters' benefit law, as
amended by chapter 476 of the laws of 2018, is amended to read as
follows:
§ 2. Purpose. One of the finest traditions of American community life
is the service which people render to others [without remuneration].
Volunteer firefighters have long been in the forefront of this group. In
recognition of the unselfish service by these volunteers, government has
undertaken to provide for them and their families some measure of
protection against loss from death or injuries in line of duty. Over the
years there has developed a dual system of benefits when volunteer fire-
fighters are killed or injured. The dual system has caused uncertainty
and confusion. This law establishes a new single system of benefits for
volunteer firefighters and provides for the administration of such
system by the workers' compensation board and the chairman of such
board.
It is hereby declared that this chapter is intended to effectuate the
objects and purposes of section eighteen of article one of the state
constitution and that the relationship between the political subdivision
liable for benefits under this chapter and a volunteer firefighter enti-
tled to such benefits is that of employer and employee within the mean-
ing of such provision of the state constitution.
§ 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit
law, as amended by chapter 458 of the laws of 1996, is amended to read
as follows:
3. "Line of duty" means the performance by a volunteer firefighter as
a volunteer firefighter of the duties and activities described in subdi-
vision one of section five of this chapter and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of the general municipal law
for which the volunteer firefighter does not receive any remuneration or
a gratuity and shall be deemed to include any date of injury as deter-
mined by the workers' compensation board pursuant to the provisions of
section forty-one of this chapter. The following shall not be deemed to
be remuneration or a gratuity: PAYMENT OF A STIPEND AS OUTLINED IN
SECTION TWO HUNDRED-AA OF THE GENERAL MUNICIPAL LAW; reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of the general municipal law, and the acceptance of transporta-
tion, food, drink, shelter, clothing and similar items while on duty or
engaged in such activities.
§ 3. The general municipal law is amended by adding a new section
200-aa to read as follows:
§ 200-AA. STIPEND FOR VOLUNTEER FIREFIGHTERS. 1. FOR PURPOSES OF THIS
SECTION, "VOLUNTEER FIREFIGHTER" SHALL HAVE THE SAME MEANING AS DEFINED
IN SECTION THREE OF THE VOLUNTEER FIREFIGHTERS' BENEFIT LAW.
S. 4005--B 21
2. THE OFFICE OF FIRE PREVENTION AND CONTROL MAY MAKE AVAILABLE STATE
FUNDS THROUGH A STIPEND TO VOLUNTEER FIREFIGHTERS FOR COMPLETION OF
CERTAIN FIREFIGHTER TRAINING, AS IDENTIFIED AND PUBLISHED BY THE OFFICE
OF FIRE PREVENTION AND CONTROL.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. Paragraph (c) of subdivision 1 of section 205-g of the general
municipal law, as added by chapter 559 of the laws of 2006, is amended
to read as follows:
c. "Line of duty" means the performance by a volunteer firefighter of
the duties and activities described in subdivision one of section five
of the volunteer firefighters' benefit law and the same such duties and
activities performed for a specialized team established pursuant to the
provisions of section two hundred nine-bb of this article for which the
volunteer firefighter does not receive any remuneration or a gratuity
and shall be deemed to include any date of injury as determined by the
workers' compensation board pursuant to the provisions of section
forty-one of the volunteer firefighters' benefit law. The following
shall not be deemed to be remuneration or a gratuity: reimbursement of
expenses for meals, lodging and actual and necessary travel; the receipt
of a mileage allowance in lieu of travel expense; reimbursement of
expenses for registration and tuition fees payable under section seven-
ty-two-g of this chapter, [and] the acceptance of transportation, food,
drink, shelter, clothing and similar items while on duty or engaged in
such activities; AND PAYMENT OF A STIPEND AS OUTLINED IN SECTION 200-AA
OF THIS ARTICLE.
§ 9. Intentionally omitted.
§ 10. Subsection (e-1) of section 606 of the tax law, as added by
section 1 of part U of chapter 62 of the laws of 2006, paragraph 2 as
amended by chapter 532 of the laws of 2007, paragraph 3 as added and
paragraph 4 as renumbered by section 4 of part N of chapter 61 of the
laws of 2006, is amended to read as follows:
(e-1) Volunteer firefighters' and ambulance workers' credit. (1) For
taxable years beginning on and after January first, two thousand seven
AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, a resident taxpayer
who serves as an active volunteer firefighter as defined in subdivision
one of section two hundred fifteen of the general municipal law or as a
volunteer ambulance worker as defined in subdivision fourteen of section
two hundred nineteen-k of the general municipal law shall be allowed a
credit against the tax imposed by this article equal to two hundred
dollars. FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-THREE, A RESIDENT TAXPAYER WHO SERVES AS AN ACTIVE
VOLUNTEER FIREFIGHTER AS DEFINED IN SUBDIVISION ONE OF SECTION TWO
HUNDRED FIFTEEN OF THE GENERAL MUNICIPAL LAW OR AS A VOLUNTEER AMBULANCE
WORKER AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWO HUNDRED NINE-
TEEN-K OF THE GENERAL MUNICIPAL LAW SHALL BE ALLOWED A CREDIT AGAINST
THE TAX IMPOSED BY THIS ARTICLE EQUAL TO EIGHT HUNDRED DOLLARS. In order
to receive this credit a volunteer firefighter or volunteer ambulance
worker must have been active for the entire taxable year for which the
credit is sought.
(2) [If] FOR TAXABLE YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOU-
SAND TWENTY-THREE, IF a taxpayer receives a real property tax exemption
relating to such service under title two of article four of the real
property tax law, such taxpayer shall not be eligible for this credit;
S. 4005--B 22
provided, however (A) if the taxpayer receives such real property tax
exemption in the two thousand seven taxable year as a result of making
application therefor in a prior year or (B) if the taxpayer notifies his
or her assessor in writing by December thirty-first, two thousand seven
of the taxpayer's intent to discontinue such real property tax exemption
by not re-applying for such real property tax exemption by the next
taxable status date, such taxpayer shall be eligible for this credit for
the two thousand seven taxable year. FOR TAXABLE YEARS BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, A TAXPAYER IS ELIGIBLE
FOR THIS CREDIT EVEN IF THEY RECEIVE A REAL PROPERTY TAX EXEMPTION
RELATING TO SUCH SERVICE UNDER TITLE TWO OF ARTICLE FOUR OF THE REAL
PROPERTY TAX LAW.
(3) In the case of [a husband and wife] SPOUSES who file a joint
return and who both individually qualify for the credit under this
subsection FOR TAXABLE YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO
THOUSAND SEVEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, the
amount of the credit allowed shall be four hundred DOLLARS. FOR TAXABLE
YEARS BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE,
THE AMOUNT OF THE CREDIT SHALL BE SIXTEEN HUNDRED dollars.
(4) If the amount of the credit allowed under this subsection for any
taxable year shall exceed the taxpayer's tax for such year, the excess
shall be treated as an overpayment of tax to be credited or refunded in
accordance with the provisions of section six hundred eighty-six of this
article, provided, however, that no interest shall be paid thereon.
§ 11. This act shall take effect immediately.
PART I
Intentionally Omitted
PART J
Section 1. Subdivisions 1 and 2 of section 217 of the military law,
subdivision 1 as amended by chapter 141 of the laws of 1988, and subdi-
vision 2 as amended by chapter 63 of the laws of 1976, are amended to
read as follows:
1. Any member of the organized militia who (A) shall be disabled or
has been so disabled in the performance of any actual service of this
state within three years preceding the application for a pension under
this chapter, in case of riots, tumults, breach of the peace, resistance
to process, invasion, insurrection or imminent danger thereof, or when-
ever called upon in aid of the civil authorities, or while engaged in
any lawfully ordered parade, drill, encampment or inspection, shall,
upon proof of the fact, as hereinafter provided, be placed on the disa-
bility retired roll of the state and shall receive out of any moneys in
the treasury of the state, not otherwise appropriated, upon the approval
of the chief of staff and approval of the governor, the same pension or
reward that persons under similar circumstances receive from the United
States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHO IS DETERMINED TO HAVE INCURRED A QUALIFYING WORLD TRADE CENTER
CONDITION SHALL BE ENTITLED TO A PERFORMANCE OF DUTY DISABILITY PENSION
EQUIVALENT TO THREE-QUARTERS OF THE MEMBER'S FINAL AVERAGE SALARY. THE
S. 4005--B 23
DEADLINE FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL
BE ON OR BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJU-
TANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED
TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
2. In case any such member of the organized militia (A) shall die as
the result of any such wound, injury or disease within one year after it
has been incurred or contracted, the surviving spouse, children under
twenty-one years of age or dependent parent of such member of the organ-
ized militia shall receive such pension and reward as persons under
similar circumstances receive from the United States[.], OR
(B) WAS ACTIVATED ON STATE ACTIVE DUTY ON OR AFTER SEPTEMBER ELEVENTH,
TWO THOUSAND ONE, AND PARTICIPATED IN WORLD TRADE CENTER SITE RESCUE,
RECOVERY, OR CLEANUP OPERATIONS AS PART OF SUCH STATE ACTIVE DUTY, AND
WHOSE DEATH IS DETERMINED TO BE THE RESULT OF INCURRING A QUALIFYING
WORLD TRADE CENTER CONDITION SHALL BE ENTITLED TO AN ACCIDENTAL DEATH
BENEFIT OF ONE-HALF OF THE MEMBER'S FINAL AVERAGE SALARY. THE DEADLINE
FOR SUBMITTING ANY QUALIFYING CLAIM UNDER THIS PARAGRAPH SHALL BE ON OR
BEFORE SEPTEMBER ELEVENTH, TWO THOUSAND TWENTY-SIX. THE ADJUTANT GENERAL
OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS IS AUTHORIZED TO PROMUL-
GATE REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect immediately.
PART K
Intentionally Omitted
PART L
Section 1. The alcoholic beverage control law is amended by adding a
new section 97-d to read as follows:
§ 97-D. TEMPORARY WHOLESALE PERMIT. 1. ANY PERSON MAY APPLY TO THE
LIQUOR AUTHORITY FOR A TEMPORARY PERMIT TO OPERATE ANY ALCOHOLIC BEVER-
AGE WHOLESALE BUSINESS AS MAY BE LICENSED UNDER THIS CHAPTER. SUCH
APPLICATION SHALL BE IN WRITING AND VERIFIED AND SHALL CONTAIN INFORMA-
TION AS THE LIQUOR AUTHORITY SHALL REQUIRE. SUCH APPLICATION SHALL BE
ACCOMPANIED BY A CHECK OR DRAFT IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
DOLLARS FOR SUCH PERMIT.
2. UPON APPLICATION, THE LIQUOR AUTHORITY MAY ISSUE SUCH TEMPORARY
PERMIT WHEN:
(A) THE APPLICANT HAS A WHOLESALE LICENSE APPLICATION AT THE SAME
PREMISES PENDING BEFORE THE LIQUOR AUTHORITY, TOGETHER WITH ALL REQUIRED
FILING AND LICENSE FEES;
(B) THE APPLICANT HAS OBTAINED AND PROVIDED EVIDENCE OF ALL PERMITS,
LICENSES AND OTHER DOCUMENTS NECESSARY FOR THE OPERATION OF SUCH A BUSI-
NESS; AND
(C) ANY CURRENT LICENSE IN EFFECT AT THE PREMISES THAT MAY NOT UNDER
LAW OPERATE CONCURRENTLY HAS BEEN SURRENDERED OR PLACED IN SAFEKEEPING,
OR HAS BEEN DEEMED ABANDONED BY THE AUTHORITY.
3. THE LIQUOR AUTHORITY IN GRANTING SUCH PERMIT SHALL ENSURE THAT:
(A) ISSUANCE OF THE PERMIT WILL NOT INORDINATELY HINDER THE OPERATION
OR EFFECTIVE ADMINISTRATION OF THIS CHAPTER;
(B) THE APPLICANT WOULD IN ALL LIKELIHOOD BE ABLE TO ULTIMATELY OBTAIN
THE WHOLESALE LICENSE BEING APPLIED FOR; AND
(C) THE APPLICANT HAS SUBSTANTIALLY COMPLIED WITH THE REQUIREMENTS
NECESSARY TO OBTAIN SUCH LICENSE.
S. 4005--B 24
4. THE APPLICATION FOR A PERMIT SHALL BE APPROVED OR DENIED BY THE
LIQUOR AUTHORITY WITHIN FORTY-FIVE DAYS AFTER THE RECEIPT OF SUCH APPLI-
CATION.
5. A TEMPORARY PERMIT SHALL AUTHORIZE THE PERMITTEE TO OPERATE A
WHOLESALE FACILITY FOR THE SALE OF ALCOHOLIC BEVERAGES ACCORDING TO THE
LAWS APPLICABLE TO THE TYPE OF WHOLESALE LICENSE BEING APPLIED FOR.
6. SUCH TEMPORARY PERMIT SHALL REMAIN IN EFFECT UNTIL THE WHOLESALE
LICENSE BEING APPLIED FOR IS APPROVED AND THE LICENSE GRANTED OR A
DETERMINATION IS MADE TO REJECT THE APPLICATION FOR THE LICENSE.
7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A TEMPORARY
PERMIT MAY BE SUMMARILY CANCELLED OR SUSPENDED AT ANY TIME IF THE LIQUOR
AUTHORITY DETERMINES THAT GOOD CAUSE FOR CANCELLATION OR SUSPENSION
EXISTS. THE LIQUOR AUTHORITY SHALL PROMPTLY NOTIFY THE PERMITTEE IN
WRITING OF SUCH CANCELLATION OR SUSPENSION AND SHALL SET FORTH THE
REASONS FOR SUCH ACTION.
8. THE LIQUOR AUTHORITY IN REVIEWING SUCH APPLICATION SHALL REVIEW THE
ENTIRE RECORD AND GRANT THE TEMPORARY PERMIT UNLESS GOOD CAUSE IS OTHER-
WISE SHOWN. A DECISION ON AN APPLICATION SHALL BE BASED ON SUBSTANTIAL
EVIDENCE IN THE RECORD AND SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE
IN FAVOR OF THE APPLICANT.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART M
Intentionally Omitted
PART N
Intentionally Omitted
PART O
Section 1. Subdivision 4 of section 97-a of the alcoholic beverage
control law, as added by chapter 396 of the laws of 2010, is amended to
read as follows:
4. A temporary retail permit issued by the authority pursuant to this
section shall be for a period not to exceed ninety days. A temporary
permit may be extended at the discretion of the authority, for an addi-
tional thirty day period FOR PREMISES LOCATED IN A CITY WITH A POPU-
LATION OF ONE MILLION OR MORE OR FOR AN ADDITIONAL NINETY DAY PERIOD FOR
PREMISES LOCATED OUTSIDE A CITY WITH A POPULATION OF A MILLION OR MORE,
upon payment of an additional fee of sixty-four dollars for all retail
beer licenses and ninety-six dollars for all other temporary permits and
upon compliance with all conditions required in this section. The
authority may, in its discretion, issue additional [thirty day] exten-
sions upon payment of the appropriate fee.
§ 2. Subdivision 6 of section 97-a of the alcoholic beverage control
law, as added by chapter 396 of the laws of 2010, is amended to read as
follows:
6. The holder of a temporary retail permit shall [purchase alcoholic
beverages only by payment in currency or check for such alcoholic bever-
ages on or before the day such alcoholic beverages are delivered,
provided, however, that the holder of a temporary permit issued pursuant
S. 4005--B 25
to this section who also holds one or more retail licenses and is oper-
ating under such retail license or licenses in addition to the temporary
retail permit, and who is not delinquent under the provisions of section
one hundred one-aa of this chapter as to any retail license under which
he operates, may purchase alcoholic beverages on credit under the tempo-
rary permit] BE SUBJECT TO SECTIONS ONE HUNDRED ONE-AA AND ONE HUNDRED
ONE-AAA OF THIS CHAPTER.
§ 3. Section 5 of chapter 396 of the laws of 2010 amending the alco-
holic beverage control law relating to liquidator's permits and tempo-
rary retail permits, as amended by section 1 of part M of chapter 55 of
the laws of 2022, is amended to read as follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law[, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, 2023].
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the ninetieth day after it
shall have become a law.
PART P
Section 1. Section 722-b of the county law, as amended by section 2 of
part J of chapter 62 of the laws of 2003, is amended to read as follows:
§ 722-b. Compensation and reimbursement for representation. 1. All
counsel assigned in accordance with a plan of a bar association conform-
ing to the requirements of section seven hundred twenty-two of this
article whereby the services of private counsel are rotated and coordi-
nated by an administrator shall at the conclusion of the representation
receive:
(a) for representation of a person [entitled to representation by law
who is initially charged with a misdemeanor or lesser offense and no
felony, compensation for such misdemeanor or lesser offense represen-
tation at a rate of sixty dollars per hour for time expended in court or
before a magistrate, judge or justice, and sixty dollars per hour for
time reasonably expended out of court] IN ALL CASES GOVERNED BY THIS
ARTICLE, AND ARISING IN NEW YORK COUNTY, KINGS COUNTY, BRONX COUNTY,
RICHMOND COUNTY, QUEENS COUNTY, SUFFOLK COUNTY, NASSAU COUNTY, WESTCHES-
TER COUNTY, ROCKLAND COUNTY, PUTNAM COUNTY, ORANGE COUNTY, DUTCHESS
COUNTY, ULSTER COUNTY, AND SULLIVAN COUNTY, INCLUDING ALL REPRESENTATION
IN AN APPELLATE COURT, FOR TIME EXPENDED IN COURT BEFORE A MAGISTRATE,
JUDGE OR JUSTICE AND FOR TIME REASONABLY EXPENDED OUT OF COURT COMPEN-
SATION AT A RATE OF NO LESS THAN SEVENTY-FIVE DOLLARS THROUGH DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, NO LESS THAN ONE HUNDRED TWENTY
DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO LESS
THAN ONE HUNDRED THIRTY-FIVE DOLLARS BEGINNING ON JANUARY FIRST, TWO
THOUSAND TWENTY-FIVE, NO LESS THAN ONE HUNDRED FIFTY DOLLARS BEGINNING
ON JANUARY FIRST, TWO THOUSAND TWENTY-SIX, NO LESS THAN ONE HUNDRED
SIXTY-FIVE DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEV-
EN, AND ONE HUNDRED EIGHTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOU-
SAND TWENTY-EIGHT, and shall receive reimbursement for expenses reason-
ably incurred; and
(b) for representation of a person in all [other] cases governed by
this article, ARISING IN ALL REMAINING NEW YORK STATE COUNTIES, includ-
ing all representation in an appellate court, [compensation at a rate of
seventy-five dollars per hour] for time expended in court before a
magistrate, judge or justice and [seventy-five dollars per hour] for
S. 4005--B 26
time reasonably expended out of court COMPENSATION AT A RATE OF NO LESS
THAN SEVENTY-FIVE DOLLARS THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-THREE, NO LESS THAN ONE HUNDRED DOLLARS BEGINNING ON JANUARY
FIRST, TWO THOUSAND TWENTY-FOUR, NO LESS THAN ONE HUNDRED FIFTEEN
DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO LESS
THAN ONE HUNDRED THIRTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND
TWENTY-SIX, NO LESS THAN ONE HUNDRED FORTY-FIVE DOLLARS BEGINNING ON
JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ONE HUNDRED FIFTY-EIGHT
DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT, and shall
receive reimbursement for expenses reasonably incurred.
2. Except as provided in this section, compensation for time expended
in providing representation:
(a) pursuant to paragraph (a) of subdivision one of this section shall
not exceed [two thousand four hundred] TEN THOUSAND FIVE HUNDRED
dollars; and
(b) pursuant to paragraph (b) of subdivision one of this section shall
not exceed [four thousand four hundred] NINE THOUSAND TWO HUNDRED
dollars.
3. For representation on an appeal, compensation and reimbursement
shall be fixed by the appellate court. For all other representation,
compensation and reimbursement shall be fixed by the trial court judge.
In extraordinary circumstances a trial or appellate court may provide
for compensation in excess of the foregoing limits and for payment of
compensation and reimbursement for expenses before the completion of the
representation.
4. Each claim for compensation and reimbursement shall be supported by
a sworn statement specifying the time expended, services rendered,
expenses incurred and reimbursement or compensation applied for or
received in the same case from any other source. No counsel assigned
hereunder shall seek or accept any fee for representing the party for
whom he or she is assigned without approval of the court as herein
provided.
§ 1-a. Section 722-e of the county law, as amended by section 11 of
part VVV of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 722-e. Expenses. 1. All expenses for providing counsel and services
other than counsel hereunder shall be a county charge or in the case of
a county wholly located within a city a city charge to be paid out of an
appropriation for such purposes. Provided, however, that any such addi-
tional expenses incurred for the provision of counsel and services as a
result of the implementation of a plan established pursuant to subdivi-
sion four of section eight hundred thirty-two of the executive law,
including any interim steps taken to implement such plan, shall be reim-
bursed by the state to the county or city providing such services. Such
plans shall be submitted by the office of indigent legal services to the
director of the division of budget for review and approval. However,
the director's approval shall be limited solely to the plan's projected
fiscal impact of the required appropriation for the implementation of
such plan, and his or her approval shall not be unreasonably withheld.
The state shall appropriate funds sufficient to provide for the
reimbursement required by this section.
2. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO PARA-
GRAPHS (A) AND (B) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWENTY-
TWO-B OF THIS ARTICLE IN EXCESS OF ONE HUNDRED DOLLARS PER HOUR SHALL BE
REIMBURSED BY THE STATE UPON CERTIFICATION SUBMITTED TO THE OFFICE OF
S. 4005--B 27
INDIGENT LEGAL SERVICES. THE OFFICE OF INDIGENT LEGAL SERVICES SHALL
DEVELOP AND MAKE AVAILABLE A CERTIFICATION FORM FOR STATE PAYMENT.
§ 2. Subdivision 3 of section 35 of the judiciary law, as amended by
section 5 of part J of chapter 62 of the laws of 2003, is amended to
read as follows:
3. (A) No counsel assigned pursuant to this section shall seek or
accept any fee for representing the person for whom he or she is
assigned without approval of the court as herein provided. Whenever it
appears that such person is financially able to obtain counsel or make
partial payment for the representation, counsel may report this fact to
the court and the court may terminate the assignment or authorize
payment, as the interests of justice may dictate, to such counsel. Coun-
sel assigned hereunder shall at the conclusion of the representation
receive compensation [at a rate of seventy-five dollars per hour] for
time expended in court[,] and [seventy-five dollars per hour] for time
reasonably expended out of court[,] IN THE FOLLOWING COUNTIES: NEW
YORK, KINGS, BRONX, RICHMOND, QUEENS, SUFFOLK, NASSAU, WESTCHESTER,
ROCKLAND, PUTNAM, ORANGE, DUTCHESS, ULSTER, AND SULLIVAN, AT A RATE OF
NO LESS THAN SEVENTY-FIVE DOLLARS THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-THREE, NO LESS THAN ONE HUNDRED TWENTY DOLLARS BEGINNING
ON JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO LESS THAN ONE HUNDRED
THIRTY-FIVE DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-
FIVE, NO LESS THAN ONE HUNDRED FIFTY DOLLARS BEGINNING ON JANUARY FIRST,
TWO THOUSAND TWENTY-SIX, NO LESS THAN ONE HUNDRED SIXTY-FIVE DOLLARS
BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND ONE HUNDRED
EIGHTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT;
AND IN ALL OTHER NEW YORK STATE COUNTIES AT A RATE OF NO LESS THAN
SEVENTY-FIVE DOLLARS THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-THREE, NO LESS THAN ONE HUNDRED DOLLARS BEGINNING ON JANUARY FIRST,
TWO THOUSAND TWENTY-FOUR, NO LESS THAN ONE HUNDRED FIFTEEN DOLLARS
BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO LESS THAN ONE
HUNDRED THIRTY DOLLARS BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-
SIX, NO LESS THAN ONE HUNDRED FORTY-FIVE DOLLARS BEGINNING ON JANUARY
FIRST, TWO THOUSAND TWENTY-SEVEN, AND ONE HUNDRED FIFTY-EIGHT DOLLARS
BEGINNING ON JANUARY FIRST, TWO THOUSAND TWENTY-EIGHT; and IN ALL NEW
YORK STATE COUNTIES shall receive reimbursement for expenses reasonably
incurred.
(B) For representation upon a hearing, compensation and reimbursement
shall be fixed by the court wherein the hearing was held and such
compensation shall not exceed [four thousand four hundred dollars. For
representation in an appellate court, compensation and reimbursement
shall be fixed by such court and such compensation shall not exceed four
thousand four hundred dollars] TEN THOUSAND FIVE HUNDRED DOLLARS FOR
TIME EXPENDED IN PROVIDING REPRESENTATION PURSUANT TO SUBPARAGRAPH (I)
OF PARAGRAPH (A) OF THIS SUBDIVISION; AND NINE THOUSAND TWO HUNDRED
DOLLARS FOR TIME EXPENDED IN PROVIDING REPRESENTATION PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION. In extraordinary
circumstances the court may provide for compensation in excess of the
foregoing limits.
§ 2-a. Section 35 of the judiciary law is amended by adding a new
subdivision 9 to read as follows:
9. ALL EXPENSES FOR PROVIDING COUNSEL AND SERVICES PURSUANT TO SUBDI-
VISION THREE OF THIS SECTION SHALL BE FUNDED BY THE STATE.
§ 3. This act shall take effect April 1, 2023. Effective immediately,
the addition, amendment, and/or repeal of any rule or regulation neces-
S. 4005--B 28
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART Q
Section 1. Section 2 of chapter 303 of the laws of 1988, relating to
the extension of the state commission on the restoration of the capitol,
as amended by section 1 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 2. The temporary state commission on the restoration of the capitol
is hereby renamed as the state commission on the restoration of the
capitol (hereinafter to be referred to as the "commission") and is here-
by continued until April 1, [2023] 2028. The commission shall consist
of eleven members to be appointed as follows: five members shall be
appointed by the governor; two members shall be appointed by the tempo-
rary president of the senate; two members shall be appointed by the
speaker of the assembly; one member shall be appointed by the minority
leader of the senate; one member shall be appointed by the minority
leader of the assembly, together with the commissioner of general
services and the commissioner of parks, recreation and historic preser-
vation. The term for each elected member shall be for three years,
except that of the first five members appointed by the governor, one
shall be for a one year term, and two shall be for a two year term, and
one of the first appointments by the president of the senate and by the
speaker of the assembly shall be for a two year term. Any vacancy that
occurs in the commission shall be filled in the same manner in which the
original appointment was made. The commission shall elect a chairman and
a vice-chairman from among its members. The members of the state
commission on the restoration of the capitol shall be deemed to be
members of the commission until their successors are appointed. The
members of the commission shall receive no compensation for their
services, but shall be reimbursed for their expenses actually and neces-
sarily incurred by them in the performance of their duties hereunder.
§ 2. Section 9 of chapter 303 of the laws of 1988, relating to the
extension of the state commission on the restoration of the capitol, as
amended by section 2 of part T of chapter 55 of the laws of 2018, is
amended to read as follows:
§ 9. This act shall take effect immediately, and shall remain in full
force and effect until April 1, [2023] 2028.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided
that the amendments to section 2 of chapter 303 of the laws of 1988 made
by section one of this act shall not affect the expiration of such chap-
ter, and shall be deemed to expire therewith.
PART R
Section 1. Subdivision 7 of section 163 of the state finance law, as
amended by section 2 of subpart A of part KK of chapter 57 of the laws
of 2018, is amended to read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may [accept] REQUIRE ELECTRONIC SUBMISSION AS THE SOLE METHOD
S. 4005--B 29
FOR THE SUBMISSION OF bids [electronically] FOR COMMODITY, SERVICE AND
TECHNOLOGY CONTRACTS, including submission of the statement of non-col-
lusion required by section one hundred thirty-nine-d of this chapter,
and the statement of certification required by section one hundred thir-
ty-nine-l of this chapter[,] and[, starting April first, two thousand
twelve, and ending March thirty-first, two thousand fifteen,] may[, for
commodity, service and technology] REQUIRE ELECTRONIC SIGNATURES ON ALL
DOCUMENTS REQUIRED FOR SUBMISSION OF A BID, ANY RESULTING contracts
[require electronic submission as the sole method for the submission of
bids for the solicitation], AND REQUIRED SUBMISSIONS DURING THE TERM OF
ANY CONTRACT. [State agencies shall undertake no more than eighty-five
such electronic bid solicitations, none of which shall be reverse
auctions, prior to April first, two thousand fifteen. In addition, state
agencies may conduct up to twenty reverse auctions through electronic
means, prior to April first, two thousand fifteen.] Prior to requiring
the electronic submission of bids, the agency shall make a determi-
nation, which shall be documented in the procurement record, that elec-
tronic submission affords a fair and equal opportunity for offerers to
submit responsive offers, AND THAT THE ELECTRONIC SIGNATURE COMPLIES
WITH THE PROVISIONS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
[Within thirty days of the completion of the eighty-fifth electronic bid
solicitation, or by April first, two thousand fifteen, whichever is
earlier, the commissioner shall prepare a report assessing the use of
electronic submissions and make recommendations regarding future use of
this procurement method. In addition, within thirty days of the
completion of the twentieth reverse auction through electronic means, or
by April first, two thousand fifteen, whichever is earlier, the commis-
sioner shall prepare a report assessing the use of reverse auctions
through electronic means and make recommendations regarding future use
of this procurement method. Such reports shall be published on the
website of the office of general services.] Except where otherwise
provided by law, procurements shall be competitive, and state agencies
shall conduct formal competitive procurements to the maximum extent
practicable. State agencies shall document the determination of the
method of procurement and the basis of award in the procurement record.
Where the basis for award is the best value offer, the state agency
shall document, in the procurement record and in advance of the initial
receipt of offers, the determination of the evaluation criteria, which
whenever possible, shall be quantifiable, and the process to be used in
the determination of best value and the manner in which the evaluation
process and selection shall be conducted.
§ 2. Subdivision 7-a of section 163 of the state finance law is
REPEALED.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
PART S
Section 1. Section 57 of the civil service law, as added by chapter
83 of the laws of 1963, is amended to read as follows:
§ 57. Continuous recruitment for certain positions. Notwithstanding
any other provisions of this chapter or any other law, the civil service
department or a municipal commission may establish a continuing eligible
list for any class of positions for which it finds [inadequate numbers
S. 4005--B 30
of well qualified persons available for recruitment] SUCH LISTS APPRO-
PRIATE. THE CIVIL SERVICE DEPARTMENT MAY ONLY ESTABLISH CONTINUING
ELIGIBLE LISTS FOR ANY CLASS OF POSITIONS FILLED THROUGH OPEN COMPET-
ITIVE EXAMINATION. Names of eligibles shall be inserted in such list
from time to time as applicants are tested and found qualified in exam-
inations held at such intervals as may be prescribed by the civil
service department or municipal commission having jurisdiction. Such
successive examinations shall, so far as practicable, be constructed and
rated so as to be equivalent tests of the merit and fitness of candi-
dates. The name of any candidate who passes any such examination and who
is otherwise qualified shall be placed on the continuing eligible list
in the rank corresponding to his OR HER final rating on such examina-
tion. The period of eligibility of successful candidates for certif-
ication and appointment from such continuing eligible list, as a result
of any such examination, shall be fixed by the civil service department
or municipal commission but, except as a list may reach an announced
terminal date, such period shall not be less than one year; nor shall
such period of eligibility exceed four years. Subject to such conditions
and limitations as the civil service department or municipal commission
may prescribe, a candidate may take more than one such examination;
provided, however, that no such candidate shall be certified simultane-
ously with more than one rank on the continuing eligible list. With
respect to any candidate who applies for and is granted additional cred-
it in any such examination as a disabled or non-disabled veteran, and
for the limited purpose of granting such additional credit, the eligible
list shall be deemed to be established on the date on which his OR HER
name is added thereto.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 1 of section 55-b of the civil service law, as
amended by chapter 603 of the laws of 1995, is amended to read as
follows:
1. The commission may determine up to [twelve] SEVENTEEN hundred posi-
tions with duties such as can be performed by persons with a physical or
mental disability who are found otherwise qualified to perform satisfac-
torily the duties of any such position. Upon such determination the said
positions shall be classified in the noncompetitive class, and may be
filled only by persons who shall have been certified by the employee
health service of the department as being a person with either a phys-
ical or mental disability. The number of persons appointed pursuant to
this section shall not exceed [twelve] SEVENTEEN hundred.
§ 2. Section 55-b of the civil service law is amended by adding a new
subdivision 3 to read as follows:
3. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
§ 3. Section 55-c of the civil service law, as amended by chapter 603
of the laws of 1995, is amended by adding a new subdivision 4 to read as
follows:
4. THOSE EMPLOYEES HIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL
BE AFFORDED THE OPPORTUNITY TO TRANSFER INTO COMPETITIVE CLASS POSITIONS
SO LONG AS THEY MEET THE REQUIREMENTS FOR TRANSFER PURSUANT TO SECTION
FIFTY-TWO OF THIS TITLE AND SECTION SEVENTY OF THIS CHAPTER.
S. 4005--B 31
§ 4. This act shall take effect immediately.
PART U
Intentionally Omitted
PART V
Section 1. Part HH of chapter 56 of the laws of 2022, amending the
retirement and social security law relating to waiving approval and
income limitations on retirees employed in school districts and board of
cooperative educational services, is amended to read as follows:
§ 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE
OF THE PROVISIONS OF THIS ACT SHALL BE SUBJECT TO SECTION 25 OF THE
RETIREMENT AND SOCIAL SECURITY LAW.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed June 30, [2023] 2024.
§ 2. This act shall take effect immediately.
PART W
Section 1. Paragraphs 2 and 3 of subdivision e of section 19-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds nine and one-half percent of payroll as of the
end of the previous fiscal year, and (ii) an employer's average actuari-
al contribution rate exceeds the [system] EMPLOYER'S graded contribution
rate or the alternative [system] EMPLOYER'S graded contribution rate,
the balance in the employer's account within such fund shall be applied
to reduce the employer's payment to the retirement system for such
fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 2. Section 19-a of the retirement and social security law is amended
by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
S. 4005--B 32
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 3. Paragraphs 2 and 3 of subdivision e of section 319-a of the
retirement and social security law, as amended by chapter 48 of the laws
of 2017, are amended to read as follows:
(2) For any given fiscal year for which (i) the system actuarial
contribution rate exceeds seventeen and one-half percent of payroll as
of the end of the previous fiscal year, and (ii) for which an employer's
average actuarial contribution rate exceeds the EMPLOYER'S graded
contribution rate or the alternative [system] EMPLOYER'S graded contrib-
ution rate, the balance in the employer's account within such fund shall
be applied to reduce the employer's payment to the retirement system for
such fiscal year in an amount not to exceed the difference between the
employer's actuarial contribution and the employer's graded contribution
for the fiscal year.
(3) Notwithstanding the provisions of paragraph two of this subdivi-
sion, if at the close of any given fiscal year the balance of an employ-
er's account within the fund exceeds [one hundred percent of] the
employer's [payroll] ACTUARIAL CONTRIBUTION for the previous fiscal
year, [the excess shall be applied to reduce the employer's payment to
the retirement system for the next succeeding fiscal year] NO GRADED
PAYMENT SHALL BE REQUIRED OR ALLOWED.
§ 4. Section 319-a of the retirement and social security law is
amended by adding a new subdivision f to read as follows:
F. (1) AN AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTICIPATION IN
THE CONTRIBUTION STABILIZATION PROGRAM PROVIDED THAT SUCH EMPLOYER SHALL
HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTIZATION AMOUNTS INCLUDING
INTEREST AS DETERMINED BY THE COMPTROLLER. FURTHERMORE, ANY AMORTIZING
EMPLOYER THAT HAS TERMINATED PARTICIPATION IN THE CONTRIBUTION STABILI-
ZATION PROGRAM MAY RE-ENTER THE PROGRAM IN A YEAR IN WHICH THE EMPLOYER
IS ELIGIBLE TO AMORTIZE AND THEIR EMPLOYER CONTRIBUTION RESERVE FUND HAS
BEEN DEPLETED.
(2) AN ALTERNATIVE AMORTIZING EMPLOYER MAY ELECT TO TERMINATE PARTIC-
IPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM PROVIDED
THAT SUCH EMPLOYER SHALL HAVE PAID IN FULL ALL SUCH PRIOR YEAR AMORTI-
ZATION AMOUNTS INCLUDING INTEREST AS DETERMINED BY THE COMPTROLLER.
S. 4005--B 33
FURTHERMORE, ANY ALTERNATIVE AMORTIZING EMPLOYER THAT HAS TERMINATED
PARTICIPATION IN THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM MAY
NOT RE-ENTER THE ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM;
PROVIDED, HOWEVER, SUCH EMPLOYER MAY ENTER THE REGULAR CONTRIBUTION
STABILIZATION PROGRAM AS SET FORTH IN PARAGRAPH ONE OF THIS SUBDIVISION.
(3) IN ORDER TO TERMINATE PARTICIPATION IN THE CONTRIBUTION STABILIZA-
TION OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM, SUCH EMPLOYER
MUST FILE AN ELECTION ON A FORM PRESCRIBED BY THE COMPTROLLER. SUCH
ELECTION IS SUBJECT TO REVIEW AND APPROVAL BY THE COMPTROLLER.
(4) TERMINATION SHALL TAKE EFFECT FOR THE FISCAL YEAR BILLING CYCLE
FOLLOWING THE FISCAL YEAR OF APPROVAL. AN EMPLOYER WHO HAS BEEN APPROVED
TO TERMINATE FROM THE CONTRIBUTION STABILIZATION OR ALTERNATIVE CONTRIB-
UTION STABILIZATION PROGRAM PURSUANT TO THIS SECTION SHALL NOT BE
REQUIRED TO MAKE A GRADED PAYMENT STARTING IN THE FOLLOWING FISCAL YEAR
BILLING CYCLE.
(5) IN THE EVENT AN EMPLOYER IN THE CONTRIBUTION STABILIZATION PROGRAM
OR ALTERNATIVE CONTRIBUTION STABILIZATION PROGRAM TERMINATES PARTIC-
IPATION PURSUANT TO THIS SECTION, ANY SUCH BALANCE IN THEIR EMPLOYER
CONTRIBUTION RESERVE FUND SHALL BE APPLIED TO THE EMPLOYER'S ANNUAL BILL
IN THE MAXIMUM AMOUNT PERMITTED UNDER PARAGRAPH TWO OF SUBDIVISION E OF
THIS SECTION, FOR THE FOLLOWING FISCAL YEAR AND CONTINUE TO BE APPLIED
TO FUTURE ANNUAL BILLS UNTIL THE RESERVE FUND IS DEPLETED.
§ 5. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would revise the terms of participation in the New York
State and Local Retirement Systems (NYSLRS) Contribution Stabilization
Program (CSP). Participating employers in the NYSLRS may enter the CSP
to reduce volatility in average annual contribution rates. Should
employer billing rates increase rapidly, the CSP allows a portion of the
increase to be amortized over 10 years for the regular CSP or 12 years
for the alternative CSP. Should employer billing rates decrease rapid-
ly, the CSP requires employers to make an additional contribution,
called a graded payment. The graded payment is deposited into an inter-
est-bearing reserve fund held within the NYSLRS for the exclusive use by
the employer to reduce future amortizations.
This bill revises the CSP in the following ways:
1) Limits the value of the reserve fund assets. Graded payments would
cease when the employer's reserve fund assets exceed the employer's
actuarial contribution in the prior fiscal year. Currently, the reserve
fund is capped at 100% of the employer's payroll.
2) Creates provisions for termination from the CSP, subject to
approval by the Comptroller, provided all prior year amortizations are
paid in full, including interest. Beginning the fiscal year following
termination, the employer would not be required (or allowed) to make a
graded payment. Any existing reserve fund assets would be used to reduce
future annual bills up to the amount the employer would have been able
to amortize if still in the program. The employer would be permitted to
re-enter the regular CSP only if eligible to amortize, provided all
reserve fund assets are depleted.
3) Allows an employer to utilize its reserve fund assets to pay a
portion of its annual bill when the employer's average actuarial
contribution rate exceeds the employer's graded rate. Currently, the
employer's average actuarial rate must exceed the System graded rate.
S. 4005--B 34
If this bill is enacted during the 2023 legislative session, we antic-
ipate some administrative costs to implement the provisions of this
legislation.
Summary of relevant resources:
Membership data as of March 31, 2022 was used in measuring the impact
of the proposed change, the same data used in the April 1, 2022 actuari-
al valuation. Distributions and other statistics can be found in the
2022 Report of the Actuary and the 2022 Annual Comprehensive Financial
Report.
The actuarial assumptions and methods used are described in the 2020,
2021, and 2022 Annual Report to the Comptroller on Actuarial Assump-
tions, and the Codes, Rules and Regulations of the State of New York:
Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2022
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 26, 2023, and intended for use only
during the 2023 Legislative Session, is Fiscal Note No. 2023-57,
prepared by the Actuary for the New York State and Local Retirement
System.
PART X
Intentionally Omitted
PART Y
Section 1. The opening paragraph and paragraph 1 of subdivision b and
subdivision e of section 208-f of the general municipal law, paragraph 1
of subdivision b and subdivision e as added by chapter 472 of the laws
of 1978 and the opening paragraph of subdivision b as amended by chapter
782 of the laws of 2022, are amended and a new subdivision k is added to
read as follows:
The special accidental death benefit shall be paid by the COUNTY,
city, town or village which employed the deceased member at the time of
death, and shall consist of a pension which is equal to the salary of
the deceased member, reduced by the sum of each of the following bene-
fits received by the widow or widower or the deceased member's children
under the age of eighteen, if the widow or widower has died, or to the
deceased member's parents if the member has no widow, widower, children
under the age of eighteen, or a student under the age of twenty-three,
on account of the death of the deceased member:
1. Any death benefit and any supplementation thereto paid by the said
COUNTY, city, town or village in the form of a pension, and
e. There shall be appropriated to the [local assistance fund in the]
general fund [to the department of audit and control] an amount equal to
the special accidental death benefits paid pursuant to subdivisions b
and c of this section during each preceding state fiscal year, as certi-
fied to the comptroller by the appropriate municipal official, for the
purposes of reimbursing such special accidental death benefits.
S. 4005--B 35
The monies appropriated [to the department of audit and control] and
made available pursuant to this subdivision shall be paid under rules
and regulations adopted by the comptroller and subject to the approval
of the director of the budget upon the audit and warrant of the comp-
troller on vouchers certified or approved as provided by law.
K. IN THE CASE OF A DECEASED COUNTY MEMBER WHO DIED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION, THE PAYMENT OF THE BENEFIT TO THE
DECEASED MEMBER'S BENEFICIARIES PURSUANT TO SUBDIVISION F OF THIS
SECTION, SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS SUBDIVISION,
PROVIDED, HOWEVER THAT THE BENEFIT AMOUNT SHALL BE DEEMED TO HAVE BEEN
SUBJECT TO ANNUAL INCREASES PURSUANT TO SUBDIVISION B OF THIS SECTION
AND ESCALATION PURSUANT TO SUBDIVISION C OF THIS SECTION, FROM THE DATE
OF SUCH MEMBER'S DEATH.
§ 2. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART Z
Section 1. Paragraph (a) of subdivision 4 of section 94 of the execu-
tive law, as added by section 2 of part QQ of chapter 56 of the laws of
2022, is amended to read as follows:
(a) The first class of members of the commission shall serve stag-
gered terms to ensure continuity. For the first class of the commis-
sion, [five members shall serve a term of four years, three members
shall serve a term of two years, and one member shall serve a term of
one year. All subsequent members shall serve a term of four years] THE
GOVERNOR'S FIRST APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS,
THEIR SECOND APPOINTEE SHALL SERVE AN INITIAL TERM OF TWO YEARS, AND
THEIR THIRD APPOINTEE SHALL SERVE AN INITIAL TERM OF ONE YEAR; THE
ATTORNEY GENERAL'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE COMPTROLLER'S APPOINTEE SHALL SERVE AN INITIAL TERM OF FOUR YEARS;
THE TEMPORARY PRESIDENT OF THE SENATE'S FIRST APPOINTEE SHALL SERVE AN
INITIAL TERM OF FOUR YEARS AND THEIR SECOND APPOINTEE SHALL SERVE A TERM
OF TWO YEARS; THE MINORITY LEADER OF THE SENATE'S FIRST APPOINTEE SHALL
SERVE AN INITIAL TERM OF FOUR YEARS; THE SPEAKER OF THE ASSEMBLY'S FIRST
APPOINTEE SHALL SERVE INITIAL TERMS OF FOUR YEARS AND THEIR SECOND
APPOINTEE SHALL SERVE A TERM OF TWO YEARS; AND THE MINORITY LEADER OF
THE ASSEMBLY'S APPOINTEE SHALL SERVE A TERM OF FOUR YEARS. ALL SUBSE-
QUENT MEMBERS SHALL SERVE A TERM OF FOUR YEARS. No member shall be
selected to the commission for more than two full consecutive terms,
except that a member who has held the position by filling a vacancy
can only be selected to the commission for an additional two full
consecutive terms.
§ 2. This act shall take effect immediately.
PART AA
Section 1. Subparagraph (A) of paragraph 7 of subdivision (ee) of
section 1115 of the tax law, as amended by section 1 of item A of
subpart H of part XXX of chapter 58 of the laws of 2020, is amended to
read as follows:
(A) "Tenant" means a person who, as lessee, enters into a space lease
with a landlord for a term of ten years or more commencing on or after
September first, two thousand five, but not later than, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (i) of subparagraph (D) of this paragraph, September
S. 4005--B 36
first, two thousand [twenty-three] TWENTY-EIGHT and, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (ii) of subparagraph (D) of this paragraph not later
than September first, two thousand [twenty-five] THIRTY, of premises for
use as commercial office space in buildings located or to be located in
the eligible areas. A person who currently occupies premises for use as
commercial office space under an existing lease in a building in the
eligible areas shall not be eligible for exemption under this subdivi-
sion unless such existing lease, in the case of a space lease with
respect to leased premises located in eligible areas as defined in
clause (i) of subparagraph (D) of this paragraph expires according to
its terms before September first, two thousand [twenty-three] TWENTY-
EIGHT or such existing lease, in the case of a space lease with respect
to leased premises located in eligible areas as defined in clause (ii)
of subparagraph (D) of this paragraph and such person enters into a
space lease, for a term of ten years or more commencing on or after
September first, two thousand five, of premises for use as commercial
office space in a building located or to be located in the eligible
areas, provided that such space lease with respect to leased premises
located in eligible areas as defined in clause (i) of subparagraph (D)
of this paragraph commences no later than September first, two thousand
[twenty-three] TWENTY-EIGHT, and provided that such space lease with
respect to leased premises located in eligible areas as defined in
clause (ii) of subparagraph (D) of this paragraph commences no later
than September first, two thousand [twenty-five] THIRTY and provided,
further, that such space lease shall expire no earlier than ten years
after the expiration of the original lease.
§ 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
tax law relating to exemptions from sales and use taxes, as amended by
section 2 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
§ 2. This act shall take effect September 1, 2005 and shall expire and
be deemed repealed on December 1, [2026] 2031, and shall apply to sales
made, uses occurring and services rendered on or after such effective
date, in accordance with the applicable transitional provisions of
sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
tax law, as added by section one of this act, shall expire and be deemed
repealed December 1, [2024] 2029.
§ 3. Paragraph 1 of subdivision (b) of section 25-s of the general
city law, as amended by section 3 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) non-residential premises that are wholly contained in property
that is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such article except that such property is exempt from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such title two-D,
or the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, have not been satisfied, provided that applica-
tion for such benefits was made after May third, nineteen hundred eight-
y-five and prior to July first, two thousand [twenty-three]
TWENTY-EIGHT, that construction or renovation of such premises was
described in such application, that such premises have been substantial-
ly improved by such construction or renovation so described, that the
S. 4005--B 37
minimum required expenditure as defined in such title two-D or two-F,
whichever is applicable, has been made, and that such real property is
located in an eligible area; or
§ 4. Paragraph 3 of subdivision (b) of section 25-s of the general
city law, as amended by section 4 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 5. Paragraph 5 of subdivision (b) of section 25-s of the general
city law, as amended by section 5 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 6. Paragraph 2 of subdivision (c) of section 25-t of the general
city law, as amended by section 6 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(2) No eligible energy user, qualified eligible energy user, on-site
cogenerator, or clean on-site cogenerator shall receive a rebate pursu-
ant to this article until it has obtained a certification from the
appropriate city agency in accordance with a local law enacted pursuant
to this section. No such certification for a qualified eligible energy
user shall be issued on or after November first, two thousand. No such
certification of any other eligible energy user, on-site cogenerator, or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT.
§ 7. Paragraph 1 of subdivision (a) of section 25-aa of the general
city law, as amended by section 7 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
(1) is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible to receive
benefits under such title except that such property is exempt from real
S. 4005--B 38
property taxation and the requirements of paragraph (b) of subdivision
seven of section four hundred eighty-nine-dddd of such title two-D, or
the requirements of subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, of the real property tax law have not been
satisfied, provided that application for such benefits was made after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand [twenty-three] TWENTY-EIGHT, that
construction or renovation of such building or structure was described
in such application, that such building or structure has been substan-
tially improved by such construction or renovation, and (i) that the
minimum required expenditure as defined in such title has been made, or
(ii) where there is no applicable minimum required expenditure, the
building was constructed within such period or periods of time estab-
lished by title two-D or two-F, whichever is applicable, of article four
of the real property tax law for construction of a new building or
structure; or
§ 8. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the
general city law, as amended by section 8 of item A of subpart H of part
XXX of chapter 58 of the laws of 2020, are amended to read as follows:
(2) has obtained approval after the thirtieth day of June, nineteen
hundred ninety-five and before the first day of July, two thousand
[twenty-three] TWENTY-EIGHT, for financing by an industrial development
agency established pursuant to article eighteen-A of the general munici-
pal law, provided that such financing has been used in whole or in part
to substantially improve such building or structure by construction or
renovation, that expenditures have been made for improvements to such
real property in excess of twenty per centum of the value at which such
real property was assessed for tax purposes for the tax year in which
such improvements commenced, and that such expenditures have been made
within thirty-six months after the earlier of (i) the issuance by such
agency of bonds for such financing, or (ii) the conveyance of title to
such building or structure to such agency; or
(3) is owned by the city of New York or the New York state urban
development corporation, or a subsidiary corporation thereof, a lease
for which was approved in accordance with the applicable provisions of
the charter of such city or by the board of directors of such corpo-
ration, as the case may be, and such approval was obtained after the
thirtieth day of June, nineteen hundred ninety-five and before the first
day of July, two thousand [twenty-three] TWENTY-EIGHT, provided that
expenditures have been made for improvements to such real property in
excess of twenty per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, and that such expenditures have been made within thirty-six
months after the effective date of such lease; or
§ 9. Subdivision (f) of section 25-bb of the general city law, as
amended by section 9 of item A of subpart H of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
(f) Application and certification. An owner or lessee of a building or
structure located in an eligible revitalization area, or an agent of
such owner or lessee, may apply to such department of small business
services for certification that such building or structure is an eligi-
ble building or targeted eligible building meeting the criteria of
subdivision (a) or (q) of section twenty-five-aa of this article.
Application for such certification must be filed after the thirtieth day
of June, nineteen hundred ninety-five and before a building permit is
S. 4005--B 39
issued for the construction or renovation required by such subdivisions
and before the first day of July, two thousand [twenty-three] TWENTY-
EIGHT, provided that no certification for a targeted eligible building
shall be issued after October thirty-first, two thousand. Such applica-
tion shall identify expenditures to be made that will affect eligibility
under such subdivision (a) or (q). Upon completion of such expenditures,
an applicant shall supplement such application to provide information
(i) establishing that the criteria of such subdivision (a) or (q) have
been met; (ii) establishing a basis for determining the amount of
special rebates, including a basis for an allocation of the special
rebate among eligible revitalization area energy users purchasing or
otherwise receiving energy services from an eligible redistributor of
energy or a qualified eligible redistributor of energy; and (iii)
supporting an allocation of charges for energy services between eligible
charges and other charges. Such department shall certify a building or
structure as an eligible building or targeted eligible building after
receipt and review of such information and upon a determination that
such information establishes that the building or structure qualifies as
an eligible building or targeted eligible building. Such department
shall mail such certification or notice thereof to the applicant upon
issuance. Such certification shall remain in effect provided the eligi-
ble redistributor of energy or qualified eligible redistributor of ener-
gy reports any changes that materially affect the amount of the special
rebates to which it is entitled or the amount of reduction required by
subdivision (c) of this section in an energy services bill of an eligi-
ble revitalization area energy user and otherwise complies with the
requirements of this article. Such department shall notify the private
utility or public utility service required to make a special rebate to
such redistributor of the amount of such special rebate established at
the time of certification and any changes in such amount and any suspen-
sion or termination by such department of certification under this
subdivision. Such department may require some or all of the information
required as part of an application or other report be provided by a
licensed engineer.
§ 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 10 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) Non-residential premises that are wholly contained in property
that is eligible to obtain benefits under part four or part five of
subchapter two of chapter two of title eleven of this code, or would be
eligible to receive benefits under such chapter except that such proper-
ty is exempt from real property taxation and the requirements of para-
graph two of subdivision g of section 11-259 of this code, or the
requirements of subparagraph (b) of paragraph two of subdivision e of
section 11-270 of this code, whichever is applicable, have not been
satisfied, provided that application for such benefits was made after
May third, nineteen hundred eighty-five and prior to July first, two
thousand [twenty-three] TWENTY-EIGHT, that construction or renovation of
such premises was described in such application, that such premises have
been substantially improved by such construction or renovation so
described, that the minimum required expenditure as defined in such part
four or part five, whichever is applicable, has been made, and that such
real property is located in an eligible area; or
§ 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 11 of item A
S. 4005--B 40
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [twenty-three] TWENTY-EIGHT for
financing by an industrial development agency established pursuant to
article eighteen-A of the general municipal law, provided that such
financing has been used in whole or in part to substantially improve
such premises (by construction or renovation), and that expenditures
have been made for improvements to such real property in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, that
such expenditures have been made within thirty-six months after the
earlier of (i) the issuance by such agency of bonds for such financing,
or (ii) the conveyance of title to such property to such agency, and
that such real property is located in an eligible area; or
§ 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 12 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York state urban development corpo-
ration, or a subsidiary thereof, a lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation, and such approval was
obtained after October thirty-first, two thousand and prior to July
first, two thousand [twenty-three] TWENTY-EIGHT, provided, however, that
such premises were constructed or renovated subsequent to such approval,
that expenditures have been made subsequent to such approval for
improvements to such real property (by construction or renovation) in
excess of ten per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, that such expenditures have been made within thirty-six
months after the effective date of such lease, and that such real prop-
erty is located in an eligible area; or
§ 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
trative code of the city of New York, as amended by section 13 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(1) No eligible energy user, qualified eligible energy user, on-site
cogenerator, clean on-site cogenerator or special eligible energy user
shall receive a rebate pursuant to this chapter until it has obtained a
certification as an eligible energy user, qualified eligible energy
user, on-site cogenerator, clean on-site cogenerator or special eligible
energy user, respectively, from the commissioner of small business
services. No such certification for a qualified eligible energy user
shall be issued on or after July first, two thousand three. No such
certification of any other eligible energy user, on-site cogenerator or
clean on-site cogenerator shall be issued on or after July first, two
thousand [twenty-three] TWENTY-EIGHT. The commissioner of small busi-
ness services, after notice and hearing, may revoke a certification
issued pursuant to this subdivision where it is found that eligibility
criteria have not been met or that compliance with conditions for
continued eligibility has not been maintained. The corporation counsel
may maintain a civil action to recover an amount equal to any benefits
improperly obtained.
S. 4005--B 41
§ 14. Subparagraph (b-2) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 14 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(b-2) The amount of the special reduction allowed by this subdivision
with respect to a lease other than a sublease commencing between July
first, two thousand five and June thirtieth, two thousand [twenty-three]
TWENTY-EIGHT with an initial or renewal lease term of at least five
years shall be determined as follows:
(i) For the base year the amount of such special reduction shall be
equal to the base rent for the base year.
(ii) For the first, second, third and fourth twelve-month periods
following the base year the amount of such special reduction shall be
equal to the lesser of (A) the base rent for each such twelve-month
period or (B) the base rent for the base year.
§ 15. Subdivision 9 of section 499-aa of the real property tax law, as
amended by section 15 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
one, provided, however, that with respect to eligible premises defined
in subparagraph (i) of paragraph (b) of subdivision ten of this section,
the period commencing July first, two thousand and terminating June
thirtieth, two thousand [twenty-four] TWENTY-NINE, and provided,
further, however, that with respect to eligible premises defined in
subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten
of this section, the period commencing July first, two thousand five and
terminating June thirtieth, two thousand [twenty-four] TWENTY-NINE.
§ 16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
499-cc of the real property tax law, as amended by section 16 of item A
of subpart H of part XXX of chapter 58 of the laws of 2020, is amended
to read as follows:
(iii) With respect to the eligible premises defined in subparagraph
(ii) of paragraph (b) or paragraph (c) of subdivision ten of section
four hundred ninety-nine-aa of this title and for purposes of determin-
ing whether the amount of expenditures required by subdivision one of
this section have been satisfied, expenditures on improvements to the
common areas of an eligible building shall be included only if work on
such improvements commenced and the expenditures are made on or after
July first, two thousand five and on or before December thirty-first,
two thousand [twenty-four] TWENTY-NINE; provided, however, that expendi-
tures on improvements to the common areas of an eligible building made
prior to three years before the lease commencement date shall not be
included.
§ 17. Subdivisions 5 and 9 of section 499-a of the real property tax
law, as amended by section 17 of item A of subpart H of part XXX of
chapter 58 of the laws of 2020, are amended to read as follows:
5. "Benefit period." The period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than sixty months thereafter, provided, however, that with
respect to a lease commencing on or after April first, nineteen hundred
ninety-seven with an initial lease term of less than five years, but not
less than three years, the period commencing with the first day of the
month immediately following the rent commencement date and terminating
no later than thirty-six months thereafter. Notwithstanding the forego-
S. 4005--B 42
ing sentence, a benefit period shall expire no later than March thirty-
first, two thousand [thirty] THIRTY-FIVE.
9. "Eligibility period." The period commencing April first, nineteen
hundred ninety-five and terminating March thirty-first, two thousand
[twenty-four] TWENTY-NINE.
§ 18. Paragraph (a) of subdivision 3 of section 499-c of the real
property tax law, as amended by section 18 of item A of subpart H of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
(a) For purposes of determining whether the amount of expenditures
required by subdivision one of this section have been satisfied, expend-
itures on improvements to the common areas of an eligible building shall
be included only if work on such improvements commenced and the expendi-
tures are made on or after April first, nineteen hundred ninety-five and
on or before September thirtieth, two thousand [twenty-four]
TWENTY-NINE; provided, however, that expenditures on improvements to the
common areas of an eligible building made prior to three years before
the lease commencement date shall not be included.
§ 19. Subdivision 8 of section 499-d of the real property tax law, as
amended by section 19 of item A of subpart H of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
8. Leases commencing on or after April first, nineteen hundred nine-
ty-seven shall be subject to the provisions of this title as amended by
chapter six hundred twenty-nine of the laws of nineteen hundred ninety-
seven, chapter one hundred eighteen of the laws of two thousand one,
chapter four hundred forty of the laws of two thousand three, chapter
sixty of the laws of two thousand seven, chapter twenty-two of the laws
of two thousand ten, chapter fifty-nine of the laws of two thousand
fourteen, chapter twenty of the laws of two thousand fifteen, chapter
SIXTY-ONE of the laws of two thousand seventeen [and the], chapter
FIFTY-EIGHT of the laws of two thousand twenty, AND THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY-THREE that amended this phrase. Notwith-
standing any other provision of law to the contrary, with respect to
leases commencing on or after April first, nineteen hundred ninety-sev-
en, an application for a certificate of abatement shall be considered
timely filed if filed within one hundred eighty days following the lease
commencement date or within sixty days following the date chapter six
hundred twenty-nine of the laws of nineteen hundred ninety-seven became
a law, whichever is later.
§ 20. Subparagraph (a) of paragraph 2 of subdivision i of section
11-704 of the administrative code of the city of New York, as amended by
section 20 of item A of subpart H of part XXX of chapter 58 of the laws
of 2020, is amended to read as follows:
(a) An eligible tenant of eligible taxable premises shall be allowed a
special reduction in determining the taxable base rent for such eligible
taxable premises. Such special reduction shall be allowed with respect
to the rent for such eligible taxable premises for a period not exceed-
ing sixty months or, with respect to a lease commencing on or after
April first, nineteen hundred ninety-seven with an initial lease term of
less than five years, but not less than three years, for a period not
exceeding thirty-six months, commencing on the rent commencement date
applicable to such eligible taxable premises, provided, however, that in
no event shall any special reduction be allowed for any period beginning
after March thirty-first, two thousand [thirty] THIRTY-FIVE. For
purposes of applying such special reduction, the base rent for the base
year shall, where necessary to determine the amount of the special
S. 4005--B 43
reduction allowable with respect to any number of months falling within
a tax period, be prorated by dividing the base rent for the base year by
twelve and multiplying the result by such number of months.
§ 21. This act shall take effect immediately, provided, however, that
if this act shall become a law after June 30, 2023, this act shall be
deemed to have been in full force and effect on and after June 30, 2023;
provided further, however, that the amendments to subparagraph (A) of
paragraph 7 of subdivision (ee) of section 1115 of the tax law made by
section one of this act shall not affect the repeal of such subdivision
and shall be repealed therewith.
PART BB
Intentionally Omitted
PART CC
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Mental hygiene program fund account (21907).
26. Mental hygiene patient income account (21909).
27. Financial control board account (21911).
28. Regulation of racing account (21912).
29. State university dormitory income reimbursable account (21937).
30. Criminal justice improvement account (21945).
31. Environmental laboratory reference fee account (21959).
32. Training, management and evaluation account (21961).
S. 4005--B 44
33. Clinical laboratory reference system assessment account (21962).
34. Indirect cost recovery account (21978).
35. Multi-agency training account (21989).
36. Bell jar collection account (22003).
37. Industry and utility service account (22004).
38. Real property disposition account (22006).
39. Parking account (22007).
40. Courts special grants (22008).
41. Asbestos safety training program account (22009).
42. Batavia school for the blind account (22032).
43. Investment services account (22034).
44. Surplus property account (22036).
45. Financial oversight account (22039).
46. Regulation of Indian gaming account (22046).
47. Rome school for the deaf account (22053).
48. Seized assets account (22054).
49. Administrative adjudication account (22055).
50. New York City assessment account (22062).
51. Cultural education account (22063).
52. Local services account (22078).
53. DHCR mortgage servicing account (22085).
54. Housing indirect cost recovery account (22090).
55. Voting Machine Examinations account (22099).
56. DHCR-HCA application fee account (22100).
57. Low income housing monitoring account (22130).
58. Restitution account (22134).
59. Corporation administration account (22135).
60. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
61. Deferred compensation administration account (22151).
62. Rent revenue other New York City account (22156).
63. Rent revenue account (22158).
64. Transportation aviation account (22165).
65. Tax revenue arrearage account (22168).
66. New York State Campaign Finance Fund account (22211).
67. New York state medical indemnity fund account (22240).
68. Behavioral health parity compliance fund (22246).
69. Pharmacy benefit manager regulatory fund (22255).
70. State university general income offset account (22654).
71. Lake George park trust fund account (22751).
72. Highway safety program account (23001).
73. DOH drinking water program account (23102).
74. NYCCC operating offset account (23151).
75. Commercial gaming revenue account (23701).
76. Commercial gaming regulation account (23702).
77. Highway use tax administration account (23801).
78. New York state secure choice administrative account (23806).
79. New York state cannabis revenue fund (24800).
80. Fantasy sports administration account (24951).
81. Mobile sports wagering fund (24955).
82. Highway and bridge capital account (30051).
83. State university residence hall rehabilitation fund (30100).
84. State parks infrastructure account (30351).
85. Clean water/clean air implementation fund (30500).
86. Hazardous waste remedial cleanup account (31506).
87. Youth facilities improvement account (31701).
S. 4005--B 45
88. Housing assistance fund (31800).
89. Housing program fund (31850).
90. Highway facility purpose account (31951).
91. New York racing account (32213).
92. Capital miscellaneous gifts account (32214).
93. Information technology capital financing account (32215).
94. New York environmental protection and spill remediation account
(32219).
95. Mental hygiene facilities capital improvement fund (32300).
96. Correctional facilities capital improvement fund (32350).
97. New York State Storm Recovery Capital Fund (33000).
98. OGS convention center account (50318).
99. Empire Plaza Gift Shop (50327).
100. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
101. Centralized services fund (55000).
102. Archives records management account (55052).
103. Federal single audit account (55053).
104. Civil service administration account (55055).
105. Civil service EHS occupational health program account (55056).
106. Banking services account (55057).
107. Cultural resources survey account (55058).
108. Neighborhood work project account (55059).
109. Automation & printing chargeback account (55060).
110. OFT NYT account (55061).
111. Data center account (55062).
112. Intrusion detection account (55066).
113. Domestic violence grant account (55067).
114. Centralized technology services account (55069).
115. Labor contact center account (55071).
116. Human services contact center account (55072).
117. Tax contact center account (55073).
118. Department of law civil recoveries account (55074).
119. Executive direction internal audit account (55251).
120. CIO Information technology centralized services account (55252).
121. Health insurance internal service account (55300).
122. Civil service employee benefits division administrative account
(55301).
123. Correctional industries revolving fund (55350).
124. Employees health insurance account (60201).
125. Medicaid management information system escrow fund (60900).
126. Virtual currency assessments account.
§ 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
S. 4005--B 46
9. Federal capital projects fund (31350).
§ 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2024, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $1,175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,314,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $1,033,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $145,200,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $981,897,000 from the general fund to the mobile sports wagering
fund, education account (24955), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), to the state lottery fund, education account
(20901), as reimbursement for disbursements made from such fund for
supplemental aid to education pursuant to section 92-c of the state
finance law.
6. An amount up to the unencumbered balance in the fund on March 31,
2024 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
7. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
8. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
S. 4005--B 47
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
11. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
12. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
13. Intentionally omitted.
14. $5,160,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32222).
15. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
16. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
17. $30,013,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
5. $200,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $6,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
10. $4,000,000 from the waste management & cleanup account (21053) to
the general fund.
S. 4005--B 48
11. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
12. Up to $10,000,000 from the general fund to the miscellaneous
special revenue fund, patron services account (22163).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $175,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $905,000,000 from the general fund to the housing program fund
(31850).
12. Up to $10,000,000 from any of the office of children and family
services special revenue federal funds to the office of the court admin-
istration special revenue other federal iv-e funds account.
General Government:
1. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
S. 4005--B 49
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
16. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
17. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $8,940,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
6. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
7. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
8. Intentionally omitted.
9. Intentionally omitted.
S. 4005--B 50
10. Intentionally omitted.
11. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the miscellaneous special revenue fund,
environmental laboratory fee account (21959).
12. Intentionally omitted.
13. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
14. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22140), to the general fund.
15. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
16. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
17. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
18. Intentionally omitted.
19. $1,117,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
20. $813,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
21. $313,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
22. $1,473,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
Mental Hygiene:
1. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
2. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
3. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account.
4. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account to the opioid settlement fund (23817).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. Intentionally omitted.
4. Intentionally omitted.
S. 4005--B 51
5. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
6. Intentionally omitted.
7. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
8. Intentionally omitted.
9. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
10. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
11. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
12. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
13. $14,400,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
14. $2,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account.
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
5. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
6. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
S. 4005--B 52
6. $8,250,000,000 from the special revenue federal fund, ARPA-Fiscal
Recovery Fund (25546) to the general fund, state purposes account
(10050) to cover eligible costs incurred by the state.
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2024:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $4,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 4. On or before March 31, 2024, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement of bondable equipment for further
transfer to the state's general fund.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2024, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
S. 4005--B 53
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2024, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2024.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,226,598,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 through June 30, 2024 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $62,340,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 to June 30, 2024 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit
pursuant to subdivision two of section six hundred sixty-nine-h of the
education law.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2024.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
S. 4005--B 54
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2024.
§ 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $100 million from each fund.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $700 million from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2023-24 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
S. 4005--B 55
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 18. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund up to $20,000,000 for the state fiscal
year commencing April 1, 2023, the proceeds of which will be utilized to
support energy-related state activities.
§ 19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2024.
§ 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2024 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 21. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twenty-two] TWENTY-THREE, the state comptroller is hereby authorized
and directed to deposit to the fund created pursuant to this section
from amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twenty-two] TWENTY-THREE.
§ 22. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2024, the following amounts from
S. 4005--B 56
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $456,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $570,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $170,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $9,016,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $142,782,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $51,897,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 23. Intentionally omitted.
§ 24. Subdivision 5 of section 183 of the military law, as amended by
section 2 of part O of chapter 55 of the laws of 2018, is amended to
read as follows:
5. All moneys paid as rent as provided in this section, together with
all sums paid to cover expenses of heating and lighting, shall be trans-
mitted by the officer in charge and control of the armory through the
adjutant general to the state treasury for deposit to the [agencies
enterprise fund] MISCELLANEOUS SPECIAL REVENUE FUND - 339 armory rental
account.
§ 25. Subdivision 2 of section 92-cc of the state finance law, as
amended by section 26 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
2. Such fund shall have a maximum balance not to exceed [fifteen]
TWENTY per centum of the aggregate amount projected to be disbursed from
the [general fund] STATE OPERATING FUNDS during [the fiscal year imme-
diately following] the then-current fiscal year AS ESTIMATED IN THE
ENACTED BUDGET FINANCIAL PLAN. At the request of the director of the
budget, the state comptroller shall transfer monies to the rainy day
reserve fund up to and including an amount equivalent to [three] TEN per
centum of the aggregate amount projected to be disbursed from the
[general fund] STATE OPERATING FUNDS during the then-current fiscal year
AS ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, unless such transfer
would increase the rainy day reserve fund to an amount in excess of
[fifteen] TWENTY per centum of the aggregate amount projected to be
disbursed from the [general fund] STATE OPERATING FUNDS during the
[fiscal year immediately following the] then-current fiscal year AS
ESTIMATED IN THE ENACTED BUDGET FINANCIAL PLAN, in which event such
transfer shall be limited to such amount as will increase the rainy day
reserve fund to such [fifteen] TWENTY per centum limitation.
S. 4005--B 57
§ 26. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
§ 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 30 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [nine billion five hundred two
million seven hundred thirty-nine thousand dollars $9,502,739,000] NINE
BILLION EIGHT HUNDRED SIXTY-FIVE MILLION EIGHT HUNDRED FIFTY-NINE THOU-
SAND DOLLARS $9,865,859,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [nine
billion five hundred two million seven hundred thirty-nine thousand
dollars $9,502,739,000] NINE BILLION EIGHT HUNDRED SIXTY-FIVE MILLION
EIGHT HUNDRED FIFTY-NINE THOUSAND DOLLARS $9,865,859,000, only if the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations to be issued shall not exceed the
S. 4005--B 58
present value of the aggregate debt service of the bonds, notes or other
obligations so to be refunded or repaid. For the purposes hereof, the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
§ 28. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 31 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [four
hundred twenty-six million one hundred thousand dollars $426,100,000]
FIVE HUNDRED THIRTY-EIGHT MILLION ONE HUNDRED THOUSAND DOLLARS
$538,100,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects including IT
initiatives for the division of state police, debt service and leases;
and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 29. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 32 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [eight billion one hundred seventy-one million one
hundred ten thousand dollars $8,171,110,000] NINE BILLION THREE HUNDRED
EIGHT MILLION TWO HUNDRED TEN THOUSAND DOLLARS $9,308,210,000, exclusive
of bonds issued to fund any debt service reserve funds, pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
S. 4005--B 59
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
§ 30. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 33 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [three hundred eighty-three million five hundred thousand dollars
$383,500,000] FOUR HUNDRED SEVENTY-SIX MILLION FIVE HUNDRED THOUSAND
DOLLARS $476,500,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued, for the purpose of financing capital costs related to
homeland security and training facilities for the division of state
police, the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made from the
state capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [one billion six hundred four million nine hundred eighty-six
thousand dollars $1,604,986,000] ONE BILLION SEVEN HUNDRED TEN MILLION
EIGHTY-SIX THOUSAND DOLLARS $1,710,086,000, excluding bonds issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued, for the purpose of financing improve-
ments to State office buildings and other facilities located statewide,
including the reimbursement of any disbursements made from the state
capital projects fund. Such bonds and notes of the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the corporation for debt service and related expenses
pursuant to any service contracts executed pursuant to subdivision (b)
of this section, and such bonds and notes shall contain on the face
thereof a statement to such effect.
§ 31. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 34 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [sixteen billion six hundred eleven million five hundred sixty-
four thousand dollars $16,611,564,000] EIGHTEEN BILLION TWO HUNDRED
NINETY-SEVEN MILLION FIVE HUNDRED SIXTY-FOUR THOUSAND DOLLARS
$18,297,564,000; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
S. 4005--B 60
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
§ 31-a. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
(iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005, relating to the composition and responsibil-
ities of the New York state higher education capital matching grant
board, as amended by section 52 of part FFF of chapter 56 of the laws of
2022, are amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [three
hundred forty-five million dollars $345,000,000] FOUR HUNDRED TWENTY-
FIVE MILLION DOLLARS $425,000,000. Each college shall be eligible for a
grant award amount as determined by the calculations pursuant to subdi-
vision five of this section. In addition, such colleges shall be eligi-
ble to compete for additional funds pursuant to paragraph (h) of subdi-
vision four of this section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [three hundred forty-five million dollars
$345,000,000] FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS $425,000,000 for
the purposes of this section; excluding bonds or notes issued to fund
one or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Except for purposes of complying with the
internal revenue code, any interest on bond proceeds shall only be used
to pay debt service on such bonds.
§ 32. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 35 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
S. 4005--B 61
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [ten billion two hundred fifty-four
million six hundred eighty-six thousand dollars $10,254,686,000] ELEVEN
BILLION THREE HUNDRED NINE MILLION SIX HUNDRED FIFTY-TWO THOUSAND
DOLLARS $11,309,652,000. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the city university, and the fund are prohibited from covenanting or
making any other agreements with or for the benefit of bondholders which
might in any way affect such right.
§ 33. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 36 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion one
hundred twenty-three million one hundred forty thousand dollars
$1,123,140,000] ONE BILLION TWO HUNDRED TWENTY-NINE MILLION ONE HUNDRED
NINETY-FIVE THOUSAND DOLLARS $1,229,195,000. Such amount shall be
exclusive of bonds and notes issued to fund any reserve fund or funds,
costs of issuance and to refund any outstanding bonds and notes, issued
on behalf of the state, relating to a locally sponsored community
college.
§ 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 37 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [nine hundred sixty-two million
S. 4005--B 62
seven hundred fifteen thousand dollars $962,715,000] ONE BILLION FOUR-
TEEN MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000,
which authorization increases the aggregate principal amount of bonds,
notes and other obligations authorized by section 40 of chapter 309 of
the laws of 1996, and shall include all bonds, notes and other obli-
gations issued pursuant to chapter 211 of the laws of 1990, as amended
or supplemented. The proceeds of such bonds, notes or other obligations
shall be paid to the state, for deposit in the youth facilities improve-
ment fund OR THE CAPITAL PROJECTS FUND, to pay for all or any portion of
the amount or amounts paid by the state from appropriations or reappro-
priations made to the office of children and family services from the
youth facilities improvement fund for capital projects. The aggregate
amount of bonds, notes and other obligations authorized to be issued
pursuant to this section shall exclude bonds, notes or other obligations
issued to refund or otherwise repay bonds, notes or other obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations made to the office of children and family services;
provided, however, that upon any such refunding or repayment the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than [nine hundred sixty-two million seven
hundred fifteen thousand dollars $962,715,000] ONE BILLION FOURTEEN
MILLION SEVEN HUNDRED THIRTY-FIVE THOUSAND DOLLARS $1,014,735,000, only
if the present value of the aggregate debt service of the refunding or
repayment bonds, notes or other obligations to be issued shall not
exceed the present value of the aggregate debt service of the bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that rate arrived at by doubling the semi-annual interest rate
(compounded semi-annually) necessary to discount the debt service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
§ 35. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 38 of part FFF
of chapter 56 of the laws of 2022, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
S. 4005--B 63
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [ten billion nine hundred forty-two million eight hundred
thirty-three thousand dollars $10,942,833,000] TWELVE BILLION FOUR
HUNDRED NINE MILLION ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS
$12,409,157,000, excluding mental health services facilities improvement
bonds and mental health services facilities improvement notes issued to
refund outstanding mental health services facilities improvement bonds
and mental health services facilities improvement notes; provided,
however, that upon any such refunding or repayment of mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes the total aggregate principal amount of
outstanding mental health services facilities improvement bonds and
mental health facilities improvement notes may be greater than [ten
billion nine hundred forty-two million eight hundred thirty-three thou-
sand dollars $10,942,833,000] TWELVE MILLION FOUR HUNDRED NINE MILLION
ONE HUNDRED FIFTY-SEVEN THOUSAND DOLLARS $12,409,157,000, only if,
except as hereinafter provided with respect to mental health services
facilities bonds and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private housing finance law,
the present value of the aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value of the
aggregate debt service of the bonds to be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations and of the
aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
useful life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case shall not
exceed thirty years and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy shall have the power and is hereby authorized to issue mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes to refund outstanding mental hygiene
improvement bonds authorized to be issued pursuant to the provisions of
S. 4005--B 64
section 47-b of the private housing finance law and the amount of bonds
issued or outstanding for such purposes shall not be included for
purposes of determining the amount of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among the office of mental
health, office for people with developmental disabilities, and the
office of addiction services and supports, in consultation with their
respective commissioners to finance bondable appropriations previously
approved by the legislature.
§ 36. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 39 of part FFF of chapter 56 of the laws of 2022, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [one hundred ninety-seven
million dollars $197,000,000] TWO HUNDRED FORTY-SEVEN MILLION DOLLARS
$247,000,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects for public
protection facilities in the Division of Military and Naval Affairs,
debt service and leases; and to reimburse the state general fund for
disbursements made therefor. Such bonds and notes of such authorized
issuer shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to such authorized issuer for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 37. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 40 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 53. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the acquisition of equipment,
including but not limited to the creation or modernization of informa-
tion technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
or improvement of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed [three hundred ninety-three million dollars
$393,000,000] FOUR HUNDRED NINETY-THREE MILLION DOLLARS $493,000,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the urban development
S. 4005--B 65
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the acquisi-
tion of equipment, including but not limited to the creation or modern-
ization of information technology systems and related research and
development equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and labora-
tory equipment and other state costs associated with such capital
projects, the director of the budget is hereby authorized to enter into
one or more service contracts with the dormitory authority and the urban
development corporation, none of which shall exceed thirty years in
duration, upon such terms and conditions as the director of the budget
and the dormitory authority and the urban development corporation agree,
so as to annually provide to the dormitory authority and the urban
development corporation, in the aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that the obligation of the state to pay the amount therein provided
shall not constitute a debt of the state within the meaning of any
constitutional or statutory provision and shall be deemed executory only
to the extent of monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned and pledged
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 38. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 41 of part FFF of chapter 56 of the laws of 2022, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [thirteen
billion fifty-three million eight hundred eighty-one thousand dollars
$13,053,881,000] FOURTEEN BILLION ONE HUNDRED FORTY-SEVEN MILLION TWO
HUNDRED THIRTY-FOUR THOUSAND DOLLARS $14,147,234,000 cumulatively by the
end of fiscal year [2022-23] 2023-24. For purposes of this subdivision,
such projects shall be deemed to include capital grants to cities, towns
and villages for the reimbursement of eligible capital costs of local
highway and bridge projects within such municipality, where allocations
to cities, towns and villages are based on the total number of New York
S. 4005--B 66
or United States or interstate signed touring route miles for which such
municipality has capital maintenance responsibility, and where such
eligible capital costs include the costs of construction and repair of
highways, bridges, highway-railroad crossings, and other transportation
facilities for projects with a service life of ten years or more.
§ 39. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 42 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [three hundred thirty-three million
dollars $333,000,000] THREE HUNDRED SEVEN-TWO MILLION DOLLARS
$372,000,000.
§ 40. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 43 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects. The aggregate prin-
cipal amount of bonds authorized to be issued pursuant to this section
shall not exceed [fourteen billion nine hundred sixty-eight million four
hundred two thousand dollars $14,968,402,000] SEVENTEEN BILLION TWO
HUNDRED EIGHTY-SIX MILLION SIX HUNDRED TWO THOUSAND DOLLARS
$17,286,602,000, excluding bonds issued to fund one or more debt service
S. 4005--B 67
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority and the corpo-
ration shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York
and other state costs associated with such projects the director of the
budget is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and the corporation
agree, so as to annually provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract entered into pursuant to this section shall provide that the
obligation of the state to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to annual appro-
S. 4005--B 68
priation by the legislature. Any such contract or any payments made or
to be made thereunder may be assigned and pledged by the dormitory
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 41. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 44 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [ten
billion one hundred forty-seven million eight hundred sixty-three thou-
sand dollars $10,147,863,000] FOURTEEN BILLION FOUR HUNDRED THIRTY-EIGHT
MILLION SIX HUNDRED ELEVEN THOUSAND DOLLARS $14,438,611,000, excluding
bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and to refund or otherwise repay such
bonds or notes previously issued. Such bonds and notes of the authori-
ty, the dormitory authority and the urban development corporation shall
not be a debt of the state, and the state shall not be liable thereon,
nor shall they be payable out of any funds other than those appropriated
by the state to the authority, the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 42. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 45 of part FFF of chapter 56
of the laws of 2022, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [thirteen billion eighty-two
million eight hundred ninety-one thousand dollars $13,082,891,000] FOUR-
TEEN BILLION FOUR HUNDRED SEVENTY-EIGHT MILLION THREE HUNDRED FIVE THOU-
SAND DOLLARS $14,478,305,000, plus a principal amount of bonds issued to
fund the debt service reserve fund in accordance with the debt service
reserve fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
S. 4005--B 69
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
§ 43. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 46 of part FFF of chapter 56 of the
laws of 2022, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, Native American Indian Nation schools, and other state
costs associated with such capital projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [three hundred one million seven hundred thousand dollars
$301,700,000] THREE HUNDRED TWENTY-ONE MILLION SEVEN HUNDRED NINETY-NINE
THOUSAND DOLLARS $321,799,000, excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the dormitory authority
and the urban development corporation shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
§ 44. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 47 of part FFF of chapter 56 of the
laws of 2022, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one billion one
hundred fifty-two million five hundred sixty-six thousand dollars
$1,152,566,000] ONE BILLION TWO HUNDRED EIGHTY-EIGHT MILLION EIGHT
HUNDRED FIFTY-TWO THOUSAND DOLLARS $1,288,852,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
S. 4005--B 70
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 45. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 48 of part FFF of chapter 56 of
the laws of 2022, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [nineteen billion seven hundred
seventy-six million nine hundred twenty thousand dollars
$19,776,920,000] TWENTY BILLION SIX HUNDRED FORTY-EIGHT MILLION FIVE
HUNDRED SEVEN THOUSAND DOLLARS $20,648,507,000, plus a principal amount
of bonds or notes: (A) to fund capital reserve funds; (B) to provide
capitalized interest; and, (C) to fund other costs of issuance. In
computing for the purposes of this subdivision, the aggregate amount of
indebtedness evidenced by bonds and notes of the authority issued pursu-
ant to this section, as amended by a chapter of the laws of nineteen
hundred ninety-six, there shall be excluded the amount of bonds or notes
issued that would constitute interest under the United States Internal
Revenue Code of 1986, as amended, and the amount of indebtedness issued
to refund or otherwise repay bonds or notes.
§ 46. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 50 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
S. 4005--B 71
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [four
billion six hundred fifty-three million dollars $4,653,000,000] FIVE
BILLION ONE HUNDRED FIFTY-THREE MILLION DOLLARS $5,153,000,000, exclud-
ing bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the urban development corporation
shall not be a debt of the state, and the state shall not be liable
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 47. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 51 of part FFF of chapter 56 of the laws of 2022,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty
million eight hundred thirty thousand dollars ($40,830,000)] FORTY
MILLION NINE HUNDRED FORTY-FIVE THOUSAND DOLLARS $40,945,000, excluding
bonds issued to finance one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued, for the purpose
of financing the construction of the New York state agriculture and
markets food laboratory. Eligible project costs may include, but not be
limited to the cost of design, financing, site investigations, site
acquisition and preparation, demolition, construction, rehabilitation,
acquisition of machinery and equipment, and infrastructure improvements.
Such bonds and notes of such authorized issuers shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
such authorized issuers for debt service and related expenses pursuant
to any service contract executed pursuant to subdivision two of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 48. Intentionally omitted.
§ 49. Intentionally omitted.
§ 50. Subdivision 2 of section 58 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as added by section 56 of part FFF of chapter 56 of the laws
of 2022, is amended to read as follows:
2. Definitions. When used in this section:
S. 4005--B 72
(A) "Commission" shall mean the gateway development commission, a
bi-state commission and a body corporate and politic established by the
state of New Jersey and the state of New York, acting in the public
interest and exercising essential governmental functions in accordance
with the Gateway development commission act, and any successor thereto.
(B) "Federal transportation loan" shall mean one or more loans made to
the commission to finance the Hudson tunnel project under or pursuant to
any U.S. Department of Transportation program or act, including but not
limited to the Railroad Rehabilitation & Improvement Financing Program
or the Transportation Infrastructure Finance and Innovation Act, which
loan or loans are related to the state capital commitment.
(C) "Gateway development commission act" shall mean chapter 108 of the
laws of New York, 2019, as amended.
(D) "Gateway project" shall mean the Hudson tunnel project.
(E) "Hudson tunnel project" shall mean the project consisting of
construction of a tunnel connecting the states of New York and New
Jersey and the completion of certain ancillary facilities including
construction of concrete casing at Hudson Yards in Manhattan, New York
and the rehabilitation of the existing North River Tunnels.
(F) "State capital commitment" shall mean an aggregate principal
amount not to exceed [$2,350,000,000] $2,850,000,000, plus any interest
costs, including capitalized interest, and related expenses and fees
payable by the state of New York to the commission under one or more
service contracts or other agreements pursuant to this section, as well
as any expenses of the state incurred in connection therewith.
(G) "Related expenses and fees" shall mean commitment fees and other
ancillary costs, expenses and fees incurred, and to become due and paya-
ble, by the commission in connection with the Federal transportation
loan.
§ 51. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2024 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section fifty-three of this act,
provided that the annual amount of the transfer shall be no more than
the principal and interest that would have otherwise been due to the
power authority of the state of New York, from any state agency, in a
given state fiscal year. Amounts pertaining to special revenue accounts
assigned to the state university of New York shall be considered inter-
changeable between the designated special revenue accounts as to meet
the requirements of this section and section fifty-three of this act:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from the miscellaneous special revenue fund, state
university dormitory income reimbursable account (21937).
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 52. Section 59 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 59 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
§ 59. The dormitory authority of the state of New York, the New York
state urban development corporation, and the New York state thruway
authority are hereby authorized to issue bonds in one or more series
under either article 5-C or article 5-F of the state finance law for the
S. 4005--B 73
purpose of refunding obligations of the power authority of the state of
New York to fund energy efficiency projects at state agencies including,
but not limited to, the state university of New York, city university of
New York, the New York state office of general services, New York state
office of mental health, state education department, and New York state
department of agriculture and markets. The aggregate principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [two hundred million dollars ($200,000,000)] FOUR HUNDRED SEVEN-
TY-FIVE MILLION DOLLARS ($475,000,000), excluding bonds issued to pay
costs of issuance of such bonds and to refund or otherwise repay such
bonds. Such bonds issued by the dormitory authority of the state of New
York, the New York state urban development corporation, and New York
state thruway authority shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state under article 5-C or article
5-F of the state finance law, as applicable.
§ 53. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 49 of part FFF of chapter 56 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed twelve billion five
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds. Notwithstanding any other provision of law to
the contrary, including the limitations contained in subdivision four of
section sixty-seven-b of the state finance law, (A) any bonds and notes
issued prior to April first, two thousand [twenty-three] TWENTY-FOUR
pursuant to this section may be issued with a maximum maturity of fifty
years, and (B) any bonds issued to refund such bonds and notes may be
issued with a maximum maturity of fifty years from the respective date
of original issuance of such bonds and notes.
§ 54. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as amended by section 46 of part JJ of chapter 56 of the
laws of 2020, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
S. 4005--B 74
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. [The provisions of this paragraph
shall expire June thirtieth, two thousand twenty-three.]
§ 55. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
teen, eighteen, nineteen, twenty and twenty-two, of this act shall
expire March 31, 2024 when upon such date the provisions of such
sections shall be deemed repealed.
PART DD
Section 1. The election law is amended by adding a new section 3-112
to read as follows:
§ 3-112. STATE BOARD OF ELECTIONS; UNIFORM STANDARDS FOR PROCESSING
DATA REQUESTS AND DUTY TO SEND DATA AND INFORMATION TO STATEWIDE DATA-
BASE. 1. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS
WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION
STANDARDIZING ACROSS EACH COUNTY AND CITY BOARDS OF ELECTIONS THE METHOD
OF PROCESSING FREEDOM OF INFORMATION LAW REQUESTS AND PROVIDING FOR
TIMELY DISTRIBUTION OF SUCH DATA TO THE PUBLIC.
2. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION OF
THE VOTER HISTORY FILE AFTER EVERY ELECTION, EACH BOARD OF ELECTIONS
SHALL WITHIN TEN BUSINESS DAYS TRANSMIT COPIES OF: (A) ELECTION RESULTS
AT THE ELECTION DISTRICT LEVEL; (B) CONTEMPORANEOUS VOTER REGISTRATION
LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR OTHER DOCUMENTATION OF THE
CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE
STATE BOARD OF ELECTIONS; AND (E) LISTS OF ELECTION DAY POLL SITES AND
EARLY VOTING SITES AND MAPS OR OTHER DOCUMENTATION OF THE CONFIGURATION
OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY THE STATE BOARD OF
ELECTIONS OF THE ELECTION DISTRICTS ASSIGNED TO EACH ELECTION DAY POLL
SITE OR EARLY VOTING SITE. FOR THE PURPOSES OF THIS SUBDIVISION, THE
TERM "ELECTION AUTHORITY" REFERS TO THE AGENCY PRIMARILY RESPONSIBLE FOR
MAINTAINING THE RECORDS LISTED IN THIS SUBDIVISION AND INCLUDES ANY
BOARD OF ELECTION, AS WELL AS GENERAL PURPOSE LOCAL GOVERNMENTS OR
SPECIAL PURPOSE LOCAL GOVERNMENTS THAT ADMINISTER THEIR OWN ELECTIONS OR
MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
3. THE STATE BOARD OF ELECTIONS SHALL UPLOAD THE DATA RECEIVED TO ITS
PUBLIC FACING WEBSITE WITHIN FIVE BUSINESS DAYS OF ITS RECEIPT. NO COST
SHALL BE CHARGED TO ACCESS THE DATA.
4. THE ATTORNEY GENERAL, THE CO-DIRECTORS OF THE DATABASE AND INSTI-
TUTE, OR THEIR DESIGNEES MAY FILE AN ACTION TO ENFORCE COMPLIANCE WITH
THE REQUIREMENTS OF THIS SECTION.
§ 2. The education law is amended by adding a new article 117 to read
as follows:
ARTICLE 117
NEW YORK VOTING AND ELECTIONS DATABASE AND INSTITUTE
SECTION 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS.
S. 4005--B 75
5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS DATA-
BASE AND INSTITUTE.
5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND
INSTITUTE.
5804. CO-DIRECTORS AND CHAIRS ON VOTING AND ELECTIONS.
5805. ANNUAL REPORT.
§ 5801. STATEMENT OF OBJECTIVES AND LEGISLATIVE FINDINGS. NEW YORK'S
EXISTING SYSTEM OF VOTING AND ELECTION ADMINISTRATION HAS DEVELOPED OVER
THE COURSE OF TWO CENTURIES AND HAS EVOLVED IN RESPONSE TO CHANGING
UNDERSTANDINGS OF CIVIL RIGHTS AND THE IMPORTANCE OF EQUITABLE PARTIC-
IPATION IN GOVERNMENT. THE LEGISLATURE HEREBY FINDS THAT EQUITABLE,
EFFICIENT, AND ACCOUNTABLE ELECTIONS REQUIRE TRANSPARENCY AND RELIABLE
DATA TO BETTER INFORM THE PUBLIC AND THE LEGISLATIVE PROCESS IN DECISION
MAKING REGARDING ELECTION ADMINISTRATION AND VOTING RIGHTS IN THE STATE.
THEREFORE, THE LEGISLATURE FINDS THAT IT IS IN THE PUBLIC INTEREST TO
ESTABLISH A CENTRAL INSTITUTION TO REDUCE THE BURDEN ON BOARDS OF
ELECTIONS, LOCAL GOVERNMENTS AND SCHOOL DISTRICTS WITH REGARD TO STORING
AND SHARING ELECTION DATA, PROVIDE A NONPARTISAN AND ACCURATE SET OF
DATA THAT THE PUBLIC CAN RELY UPON, ENCOURAGE THE ENACTMENT OF
EVIDENCE-BASED ELECTION POLICIES AND LEGISLATION, AND IMPROVE TRANSPAR-
ENCY AND ALLOW VOTERS TO DETECT INEQUITABLE ELECTION POLICIES AND RACIAL
DISCRIMINATION.
§ 5802. ESTABLISHMENT OF THE NEW YORK VOTING AND ELECTIONS DATABASE
AND INSTITUTE. THERE IS HEREBY ESTABLISHED JOINTLY WITHIN THE STATE
UNIVERSITY OF NEW YORK AND CITY UNIVERSITY OF NEW YORK THE "NEW YORK
VOTING AND ELECTIONS DATABASE AND INSTITUTE", REFERRED TO IN THIS ARTI-
CLE AS THE "DATABASE AND INSTITUTE", TO MAINTAIN AND ADMINISTER A
CENTRAL REPOSITORY OF ELECTIONS AND VOTING DATA AVAILABLE TO THE PUBLIC
FROM ALL POLITICAL SUBDIVISIONS IN THE STATE OF NEW YORK AND TO FOSTER,
PURSUE, AND SPONSOR RESEARCH ON EXISTING LAWS AND BEST PRACTICES IN
VOTING AND ELECTIONS. FOR THE PURPOSES OF THIS SECTION, "POLITICAL
SUBDIVISION" SHALL MEAN A GEOGRAPHIC AREA OF REPRESENTATION CREATED FOR
THE PROVISION OF GOVERNMENT SERVICES, INCLUDING, BUT NOT LIMITED TO, A
COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR ANY OTHER DISTRICT
ORGANIZED PURSUANT TO STATE OR LOCAL LAW.
§ 5803. FUNCTION OF THE NEW YORK VOTING AND ELECTIONS DATABASE AND
INSTITUTE. 1. THE DATABASE AND INSTITUTE SHALL PROVIDE A CENTER FOR
RESEARCH, TRAINING AND INFORMATION ON VOTING SYSTEMS AND ELECTION ADMIN-
ISTRATION. THE DATABASE AND INSTITUTE IS HEREBY EMPOWERED:
(A) TO CONDUCT CLASSES BOTH FOR CREDIT AND NON-CREDIT;
(B) TO ORGANIZE INTERDISCIPLINARY GROUPS OF SCHOLARS TO RESEARCH
VOTING AND ELECTIONS IN THE STATE;
(C) TO CONDUCT SEMINARS INVOLVING VOTING AND ELECTIONS;
(D) TO ESTABLISH A NONPARTISAN CENTRALIZED DATABASE IN ORDER TO
COLLECT, ARCHIVE, AND MAKE PUBLICLY AVAILABLE AT NO COST AN ACCESSIBLE
DATABASE PERTAINING TO ELECTIONS, VOTER REGISTRATION, AND BALLOT ACCESS
IN THE STATE;
(E) TO ASSIST IN THE DISSEMINATION OF SUCH DATA TO THE PUBLIC;
(F) TO PUBLISH SUCH BOOKS AND PERIODICALS AS IT SHALL DEEM APPROPRIATE
ON VOTING AND ELECTIONS IN THE STATE; AND
(G) TO PROVIDE NONPARTISAN TECHNICAL ASSISTANCE TO POLITICAL SUBDIVI-
SIONS, SCHOLARS, AND THE GENERAL PUBLIC SEEKING TO USE THE RESOURCES OF
THE STATEWIDE DATABASE.
2. (A) DATA TO MAINTAIN. THE DATABASE AND INSTITUTE SHALL MAINTAIN IN
ELECTRONIC FORMAT AND MAKE AVAILABLE TO THE PUBLIC ONLINE AT NO COST AT
S. 4005--B 76
MINIMUM THE FOLLOWING DATA AND RECORDS FOR AT LEAST THE PREVIOUS TWELVE
YEAR PERIOD:
(I) ESTIMATES OF THE TOTAL POPULATION, VOTING AGE POPULATION, AND
CITIZEN VOTING AGE POPULATION BY RACE, COLOR, AND LANGUAGE-MINORITY
GROUP, BROKEN DOWN TO THE ELECTION DISTRICT LEVEL ON A YEAR-BY-YEAR
BASIS FOR EVERY POLITICAL SUBDIVISION IN THE STATE, BASED ON DATA FROM
THE UNITED STATES CENSUS BUREAU, AMERICAN COMMUNITY SURVEY, OR DATA OF
COMPARABLE QUALITY COLLECTED BY A PUBLIC OFFICE.
(II) ELECTION RESULTS AT THE ELECTION DISTRICT LEVEL FOR EVERY STATE-
WIDE ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
(III) CONTEMPORANEOUS VOTER REGISTRATION LISTS, VOTER HISTORY FILES,
ELECTION DAY POLL SITE LOCATIONS, AND EARLY VOTING SITE LOCATIONS, FOR
EVERY ELECTION IN EVERY POLITICAL SUBDIVISION.
(IV) CONTEMPORANEOUS MAPS OR OTHER DOCUMENTATION OF THE CONFIGURATION
OF ELECTION DISTRICTS IN ANY FORMAT OR FORMATS SPECIFIED BY THE DIREC-
TORS FOR ELECTION DISTRICTS.
(V) ELECTION DAY OR EARLY VOTING POLL SITES INCLUDING, BUT NOT LIMITED
TO, LISTS OF ELECTION DISTRICTS ASSIGNED TO EACH POLLING PLACE, IF
APPLICABLE.
(VI) ADOPTED DISTRICTING OR REDISTRICTING PLANS FOR EVERY ELECTION IN
EVERY POLITICAL SUBDIVISION.
(VII) ANY OTHER DATA THAT THE DIRECTOR DEEMS ADVISABLE TO MAINTAIN IN
FURTHERANCE OF THE PURPOSES OF THIS TITLE.
(B) PUBLIC AVAILABILITY OF DATA. EXCEPT FOR ANY DATA, INFORMATION, OR
ESTIMATES THAT IDENTIFIES INDIVIDUAL VOTERS, THE DATA, INFORMATION, AND
ESTIMATES MAINTAINED BY THE STATEWIDE DATABASE SHALL BE POSTED ONLINE
AND MADE AVAILABLE TO THE PUBLIC AT NO COST.
(C) DATA ON RACE, COLOR, AND LANGUAGE-MINORITY GROUPS. THE STATEWIDE
DATABASE AND INSTITUTE SHALL PREPARE ANY ESTIMATES MADE PURSUANT TO THIS
SECTION BY APPLYING THE MOST ADVANCED, PEER-REVIEWED, AND VALIDATED
METHODOLOGIES.
§ 5804. CO-DIRECTORS AND CHAIRS ON VOTING AND ELECTIONS. TWO CHAIRS
ARE HEREBY ESTABLISHED IN THE NEW YORK VOTING AND ELECTIONS DATABASE AND
INSTITUTE. ONE CHAIR SHAL