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SECTION 22
The budget; contents
State Finance (STF) CHAPTER 56, ARTICLE 3
§ 22. The budget; contents. The budget submitted annually by the
governor to the legislature, in accordance with article seven of the
constitution, in addition to the information required by the
constitution to be set forth therein, shall:

1. include a summary financial plan showing for each of the
governmental fund types: (a) the disbursements estimated to be made
before the close of the current fiscal year and the moneys estimated to
be available from receipts and other sources therefor; and (b) the
disbursements proposed to be made during the ensuing fiscal year, and
the moneys estimated to be available from receipts and other sources
therefor inclusive of any receipts which are expected to result from
proposed legislation which he deems necessary to provide receipts
sufficient to meet such proposed disbursements. For the purposes of this
summary financial plan, disbursements shall be presented by the
following purposes: state purposes, local assistance, capital projects,
debt service, and general state charges; receipts shall be presented for
each fund type by each revenue source which accounts for at least one
per centum of all such receipts and otherwise by categories of revenue
sources; receipts and disbursements for special revenue funds shall be
presented separately for federal funds and all other special revenue
funds. Whenever receipts or disbursements are proposed to be moved to a
different fund type, each significant amount so moved shall be
identified.

1-a. within ten days following the submission of the financial plans
presented in accordance with subdivision one of this section, the
director of the budget shall submit to the chairs of the senate finance
and the assembly ways and means committees and the comptroller summary
financial plans of receipts and disbursements for the internal service,
enterprise, and fiduciary fund types.

1-b. within ten days of the submission of the financial plan for the
special revenue fund type, the director of the budget shall submit to
the chairs of the senate finance and assembly ways and means committees
a schedule of receipts and disbursements by account within each special
revenue fund, excluding those which are financed primarily by federal
grants.

1-c. within ten days following the submission of the financial plans
presented in accordance with subdivision one of this section, the
director of the budget shall submit to the chairs of the senate finance
and the assembly ways and means committees and the comptroller an
estimate of the fiscal impact of the executive budget general fund
changes on local governments and, where practicable, the fiscal impact
on local governments of the executive budget all fund changes concerning
the medicaid program, homeland security program, and workforce
investment programs. Such estimate shall be presented by class of local
government and shall measure all of the impacts of the executive budget,
including aid program changes, reimbursement changes, statutory changes
in authorizations for local taxation, mandates on local governments and
other requirements. Such estimate shall show the impact on local
governments by local fiscal years affected and shall cover the first
local fiscal year affected as well as the ensuing local fiscal year.
Where such estimate depends on any local option or action, the estimate
shall explicitly describe the assumptions used to calculate the
estimate. When under existing law a local tax option or program would
end and the executive budget proposes the continuation thereof, the
impact shall be identified as a "deferral of sunset" and shall be
calculated as a separate component of such estimate.

2. include a summary financial plan showing for each of the
governmental fund types: (a) all of the expenditures estimated to be
made, in accordance with generally accepted accounting principles,
before the close of the current fiscal year and all of the expenditures
proposed to be made, in accordance with generally accepted accounting
principles, during the ensuing fiscal year; and (b) all of the revenues
estimated to accrue, in accordance with generally accepted accounting
principles, before the close of the current fiscal year and during the
ensuing fiscal year inclusive of any revenues which are expected to
result from the proposed legislation which he deems necessary to provide
receipts sufficient to meet proposed disbursements. For the purposes of
this summary financial plan, expenditures shall be presented by the
following purposes: state purposes, local assistance, capital projects,
debt service, and general state charges; and revenues shall be presented
by each revenue source which accounts for at least one per centum of all
such revenues and otherwise by categories of revenue sources.

3. show for each fund type (unless otherwise specified) in a form
suitable for comparison:

a. The appropriations, including reappropriations, made for the
current fiscal year, the appropriations and reappropriations recommended
for the ensuing fiscal year, the disbursements estimated to be made
before the close of the current fiscal year and proposed to be made
during the ensuing fiscal year based upon available and recommended
appropriations and reappropriations. Disbursements proposed to be made
shall be shown in separate parts as follows: those disbursements
proposed to be made for state purposes shall be set forth in one part,
those disbursements proposed to be made for local assistance shall be
set forth in another separate and distinct part, those disbursements
proposed to be made for capital projects shall be set forth in a third
separate and distinct part and those disbursements proposed to be made
for debt service shall be set forth in a fourth separate and distinct
part. The effect of any proposed changes in the payment dates of
particular disbursements on the financial plan presented in accordance
with subdivision one of this section shall be set forth separately.

a-1. For each state agency, the appropriations, including
reappropriations, made for the current fiscal year and recommended for
the ensuing fiscal year for contracts for services made for state
purposes.

a-2. For each state agency, the disbursements estimated to be made
before the close of the current fiscal year and proposed to be made
during the ensuing fiscal year for contracts for services made for state
purposes.

a-3. For each state agency, the estimated number of employees hired
for the current fiscal year and anticipated to be hired during the
ensuing fiscal year pursuant to contracts for services made for state
purposes based upon annual employment reports submitted by contractors
pursuant to section one hundred sixty-three of this chapter.

b. In separate sections for each fund type, the receipts actually had
and received during the preceding fiscal year, the receipts estimated to
be available and received during the current and ensuing fiscal years
respectively listed by each major source, including statistical and
summary tables and a narrative which includes a discussion of the
assumptions used in estimating such receipts. The effect of any proposed
changes in the rates, bases, payment dates or other aspects of
particular sources of receipts on the financial plan presented in
accordance with subdivision one of this section shall be set forth
separately and the assumptions used in calculating such effect. Whenever
a new fee or a new financing mechanism is proposed, a schedule of the
new fee or financing mechanism shall be included for purposes of showing
the effect of the new fee or financing mechanism on the financial plan.

c. The expenditures estimated to be made in accordance with generally
accepted accounting principles before the close of the current fiscal
year and proposed to be made in accordance with generally accepted
accounting principles during the ensuing fiscal year. Expenditures
estimated and proposed to be made shall be shown in separate parts as
follows: those expenditures for state purposes shall be set forth in one
part, those expenditures for local assistance shall be set forth in
another separate and distinct part, those expenditures for capital
projects shall be set forth in a third separate and distinct part, and
those expenditures for debt service shall be set forth in a fourth
separate and distinct part.

d. The revenues actually accrued in the preceding fiscal year, the
revenues estimated to accrue during current and ensuing fiscal years
respectively. Revenues from each tax shall be shown both in total and
net of refunds.

d-1. A schedule for the general fund showing the differences between
projected operating results on a cash basis and those on the basis of
generally accepted accounting principles.

d-2. Within ten days following the submission of the financial plans
presented in accordance with subdivisions one and two of this section,
the director of the budget shall submit to the comptroller and the
chairs of the senate finance committee and the assembly ways and means
committee:

(i) a detailed schedule by fund of the receipts and disbursements
comprising such summary financial plan;

(ii) a schedule for each governmental fund type other than the general
fund showing the differences between projected operating results on a
cash basis and those on the basis of generally accepted accounting
principles;

(iii) a detailed schedule by fund of revenues and expenditures within
the general fund;

(iv) a detailed schedule by fund of receipts for the prior, current
and next three fiscal years. Such schedule shall present the major
revenue sources for each fund, including detail for each major tax, and
major components of miscellaneous receipts; and

(v) an itemized list of transfers to and from the general fund.

e. The anticipated general fund quarterly schedule and fiscal year
total for the prior, current and next ensuing fiscal years of:
disbursements; receipts; repayments of advances; total tax refunds; and
refunds for the tax imposed under article twenty-two of the tax law.
Such information shall be presented in the same form as the summary
financial plans presented in accordance with subdivisions one and two of
this section. A separate, detailed, report of such schedule shall be
provided with receipts shown by each major revenue category, including
detail for each major tax and major components of miscellaneous
receipts, and with disbursements shown by major function or program. The
director of the division of the budget shall submit concurrent with the
submission of the financial plan to the legislature pursuant to
subdivision two of this section and with each update thereafter a
revised monthly general fund cash flow projection of receipts and
disbursements for the current fiscal year that: (1) compares actual
results to (i) actual results through the same period for the prior year
and (ii) the most recent prior update to the financial plan and to the
enacted budget financial plan; (2) summarizes the reasons for any
variances; and (3) describes the revisions to the cash flow projections.
The monthly general fund cash flow projection shall be stated by major
category of local assistance, personal service, nonpersonal service,
general state charges, and debt service, and by major category of
revenue. Such reports shall utilize a format that shall facilitate
comparison and analysis with those reports submitted to the legislature
by the office of audit and control pursuant to subdivision nine of
section eight of this chapter.

e-1. Within ten days following the submission of the financial plans
presented in accordance with subdivisions one and two of this section,
the anticipated general fund monthly and governmental fund types
quarterly schedule and fiscal year total for the ensuing fiscal year of:
disbursements; receipts; repayments of advances; total tax refunds; and
refunds for the tax imposed under article twenty-two of the tax law.
Such information shall be presented in the same form as the summary
financial plans presented in accordance with subdivisions one and two of
this section.

e-2. A description of employment levels for each state department,
division or office, for the prior, current and next ensuing fiscal year
containing:

(1) separate schedules for each fund type; and

(2) an all funds summary. Such information shall be presented in a
form that facilitates comparisons among agencies and across fiscal
years, and shall include:

(i) actual and projected full-time equivalents; and

(ii) proposed changes to the work force in the executive budget,
including but not limited to: new positions, layoffs, attrition, and
changes in funding sources. To the extent practicable, the division of
the budget shall facilitate the provision of other relevant information
on employment to the legislature in a timely manner during the state
fiscal year.

f. A statement explaining any differences between the significant
accounting policies used in the preparation of the documents required to
be submitted pursuant to this section and those used by the comptroller
in the preparation of the financial statements contained in the annual
report to the legislature for the preceding fiscal year issued pursuant
to subdivision nine of section eight of this chapter.

g. The estimated borrowings in anticipation of the receipt of taxes
and revenues and the amount of interest estimated to be paid thereon
during the current and ensuing fiscal years respectively, and the
amounts actually so borrowed and the interest actually paid thereon
during the preceding fiscal year.

h. In connection with each statement of receipts from taxes imposed
pursuant to state law, the total amounts collected or estimated to be
collected therefrom.

i. A statement setting forth state involvement in the fiscal
operations of those public authorities and public benefit corporations
which may be part of the development of a comprehensive state budget
system and provided therefor in the state financial plan. Such statement
shall include those public authorities and public benefit corporations
with disbursements which are not currently reflected in the state
central accounting system from proceeds of any notes or bonds issued by
any public authority, and which bonds or notes would be considered as
state-supported debt as defined in section sixty-seven-a of this
chapter. Such statement shall set forth the amount of all of the bonds,
notes and other obligations of each public authority, public benefit
corporation and all other agencies and instrumentalities of the state
for which the full faith and credit of the state has been pledged or on
account of which the state has by law given its pledge or assurance for
the continued operation and solvency of the authority, public
corporation, or other agency or instrumentality of the state, as the
case may be. Such statement shall also set forth all proposed
appropriations to be made to any public authority, public benefit
corporation, and any other agency or instrumentality of the state which
has been created or continued by law and which is separate and distinct
from the state itself.

j. Include a summary financial plan for the funds of the state
receiving tax check-off monies which shall include estimates of all
receipts and all disbursements for the current and succeeding fiscal
years, along with the actual results from the prior fiscal year.

4. a. Include a three year financial projection showing the
anticipated disbursements and receipts for each of the governmental fund
types of the state. For the purposes of this three year financial
projection, disbursements shall be presented by the following purposes:
state purposes, local assistance, capital projects, debt service,
transfers and general state charges with each major function or major
program identified separately within each purpose; and receipts shall be
presented by each major revenue category, including detail for each
major tax, and major components of miscellaneous receipts and with
disbursements shown by major function or program for the prior year,
current year and next three fiscal years, and otherwise by each major
source which is separately estimated and presented pursuant to paragraph
b of subdivision three of this section. Receipts and disbursements for
special revenue funds shall be presented separately for federal funds
and all other special revenue funds. Whenever receipts and disbursements
are proposed to be moved to a different fund type, each significant
amount so moved shall be explained. This three year financial projection
shall include an explanation of any changes to the financial plans
submitted in accordance with subdivision one of this section and include
explanations of the economic, statutory and other assumptions used to
estimate the disbursements and receipts which are presented. Whenever
the projections for receipts and disbursements are based on assumptions
other than the current levels of service, such assumptions shall be
separately identified and explained. The three year financial
projections shall include a description of any projected deficits or
surpluses.

5. Include a summary statement of operations for the proprietary and
fiduciary fund types. Such summary statement of operations shall include
the estimated and projected receipts of and disbursements from
appropriations and reappropriations available or recommended from such
fund types in the budget bills submitted by the governor pursuant to
section twenty-four of this chapter. Such summary statement of
operations shall be revised as soon as is practical after the
legislature has completed action on such budget bills.

6. Include a list of proposed legislation submitted pursuant to
section three of article seven of the constitution.

7. Notwithstanding any provision of law to the contrary, budgets
submitted pursuant to this section shall not recommend first instance
expenditures. Any anticipated reimbursement of proposed expenditures
shall be shown as receipts or revenues to the appropriate fund.

8. Within ten days following the submission of the budget by the
governor, the director of the budget shall transmit to the chairs of the
senate finance committee and the assembly ways and means committee a
report, by agency, program, and fund, including but not limited to, the
following information pertaining to financed equipment acquisitions for
state departments, agencies and units of the state university and the
city university of New York including those financed equipment
acquisitions financed by the issuance of certificates of participation
or similar instruments for state departments, agencies and units of the
state and city universities of New York:

1. For new financed equipment acquisitions to be financed in the
ensuing fiscal year:

(a) An identification of the purposes of such financings, including:

(1) The nature of the equipment to be financed.

(2) Whether the purposes are new financings or refinancings of
outstanding lease purchase and installment purchase agreements.

(3) The recommended method of financing.

(b) The estimated purchase cost of the equipment if purchased
outright.

(c) The estimated interest rate and term of such financings.

(d) The estimated expenses for the issuances of such certificates or
similar instruments as such expenses are defined in section sixty-six-b
of this chapter.

(e) A schedule of estimated lease purchase payments by state fiscal
year for such financings, and estimated total financing costs.

2. For outstanding financed equipment acquisitions as of April first
of the ensuing fiscal year the total estimated amount for lease or
installment purchase payments for the ensuing fiscal year.

3. For outstanding financed equipment acquisitions financed by
certificates of participation the financing costs of outstanding
certificates of participation and similar instruments issued pursuant to
section sixty-six-b of this chapter with estimated payment schedules of
all such outstanding obligations.

9. Include a summary of disbursements by function of state government
for the preceding fiscal year and the estimated disbursements for the
current and ensuing fiscal years in a form suitable for comparison. Such
summary shall present such disbursements by purpose as set forth in
subdivision one of this section and also including special revenue
funds-federal and special revenue funds-other. Such summary shall also
describe the state entities, as defined by subdivisions five, six, seven
and eight of section two-a of this chapter, within each function. For
the fiscal year beginning in nineteen hundred ninety-three, such summary
shall be presented within ten days of the budget submission for the
general fund, special revenue funds-other, capital projects funds and
debt service funds. For the fiscal year beginning in nineteen hundred
ninety-four, such summary shall be presented with the budget for the
general fund and within ten days of the budget submission for special
revenue funds-other, capital projects funds and debt service funds. For
fiscal years beginning in nineteen hundred ninety-five and thereafter,
such summary shall be presented with the budget.

10. Include a statement showing projected disbursement for the current
fiscal year and proposed disbursements for the ensuing fiscal year by
agency and bill and fund type. For the fiscal year beginning in nineteen
hundred ninety-three, such statement shall be presented within ten days
of the budget submission for the general fund, special revenue
funds-other, capital projects funds and debt service funds. For the
fiscal year beginning in nineteen hundred ninety-four, such summary
shall be presented with the budget for the general fund and within ten
days of the budget submission for special revenue funds-other, capital
projects funds and debt service funds. For fiscal years beginning in
nineteen hundred ninety-five and thereafter, such summary shall be
presented with the budget.

11. Within ten days following the submission of the financial plans
presented in accordance with subdivisions one and two of this section,
the director of the budget shall submit to the chairs of the senate
finance committee and the assembly ways and means committee for the
prior, the current and next ensuing fiscal years detailed schedules by
agency for the general fund showing proposed appropriations in the state
operations and aid to localities budget bills with disbursements to be
made against such appropriations, as well as disbursements to be made
against any existing appropriations.

12. a. With respect to any proposed appropriations for the purpose of
remedying state agency violations or past problems of the environmental
conservation law or regulations adopted thereunder within the proposed
budget submitted annually by the governor to the legislature shall, set
forth the amount recommended to remedy each functional category of
violation. A priority criterion to be considered in determining such
recommended appropriations shall be the ranking of such violations and
past problems as determined by the agency pursuant to paragraph b of
subdivision one of section 3-0311 of the environmental conservation law,
with any reordering of rankings as determined by the department of
environmental conservation. Amounts appropriated shall be disbursed for
remediation of the violation or problem only after review and
determination by the department of environmental conservation of the
adequacy of the remedial plan pursuant to paragraph g of subdivision
three of section 3-0311 of the environmental conservation law.

b. Within thirty days following the submission of the budget by the
governor for each fiscal year, beginning with the nineteen hundred
ninety-three--ninety-four fiscal year, the director of the budget shall
transmit to the chairs of the senate finance committee and the assembly
ways and means committee a report which includes project specific
information for proposed appropriations for the purposes of remedying
state agency environmental violations or problems, as identified
pursuant to section 3-0311 of the environmental conservation law,
contained within such submitted budget.

13. Include a summary financial plan for all research institutes which
shall set forth:

a. estimates of all revenues and all expenses for the current and
succeeding fiscal years, along with the actual results from the prior
fiscal year; and

b. any agreement whereby any state agency will provide financial
support or any other assistance to cover any operating loss for such
research institute.

14. a. With respect to information technology projects, dependent on
funding in the executive budget, involving one or more contracts
projected to total ten million dollars or more, within thirty days
following the submission of the budget by the governor for each fiscal
year, beginning with the two thousand eight--two thousand nine fiscal
year, the director of the budget shall transmit to the chairs of the
senate finance committee and the assembly ways and means committee a
report which shall set forth the following:

(1) project summary describing the project purpose, proposed approach,
key milestones, current status and timetable;

(2) the proposed method of procurement, including whether the project
will, in whole or in part, utilize a centralized contract or a
sole-source contract; and

(3) the proposed funding source, financing method and estimated costs
by fiscal year.

b. Information provided pursuant to paragraph a of this subdivision
may not be disclosed to any party other than a governmental entity as
defined in section one hundred thirty-nine-j of this chapter, if such
disclosure would impair the fairness or competitiveness of a pending or
potential procurement process.

Estimated costs by fiscal year shall not be disclosed.

15. The division of the budget shall prepare the reports, schedules,
and other information described in this subdivision. To the extent
practicable, such reports, schedules, and information shall be in a
form, and presented at a level of detail, that facilitates comparison on
an annual basis and against actual results, as appropriate, and in a
manner consistent with the other reporting requirements enumerated in
this section. The reports, schedules, and other information required by
this subdivision shall be submitted to the chair of the senate finance
committee, the chair of the assembly ways and means committee, the
minority leaders of both houses, and the comptroller according to the
schedules set forth in this section. In determining the final content
and format of the information required by this section, the division of
the budget shall consult annually with the designees of the temporary
president of the senate, the speaker of the assembly, the minority
leaders of both houses, and the comptroller. All information described
in this subdivision shall be made available to the public.

a. The executive budget, the enacted budget report and each quarterly
update to the financial plan shall include an updated general fund
forecast of receipts and disbursements for the current and two
succeeding fiscal years. Such updated forecast shall clearly identify
and explain the revisions to the receipts and disbursements projections
from the most recent prior update to the financial plan, and any
significant revisions to the underlying factors affecting receipts and
disbursements by major function, and may include, but not be limited to:
caseload, service, and utilization rates; demographic trends; economic
variables; pension fund performance; incarceration rates; prescription
drug prices; health insurance premiums; inflation; contractual
obligations; litigation; and state employment trends.

b. The capital program and financing plan submitted pursuant to
section twenty-two-c of this article, and the update thereto required
pursuant to section twenty-three of this article, shall include a report
on the management of state-supported debt. Such report may include, but
is not limited to: (1) an assessment of the affordability of state debt,
including debt as a percent of personal income, debt per capita, and
debt service costs as a percent of the budget; (2) a summary and
analysis of the interest rate exchange agreements and variable rate
exposure; and (3) an assessment of financing opportunities related to
the state's debt portfolio.

16. The governor shall make all practicable efforts to amend or
supplement the budget and submit supplemental bills or amendments to any
bills pursuant to article seven of the constitution within twenty-one
days after the budget is submitted to the legislature.