STATE OF NEW YORK
        ________________________________________________________________________

            S. 4005                                                  A. 3005

                SENATE - ASSEMBLY

                                    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:

     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary to implement the state public protection and  general  govern-
     3  ment budget for the 2023-2024 state fiscal year. Each component is whol-
     4  ly  contained within a Part identified as Parts A through CC. The effec-
     5  tive date for each particular provision contained within  such  Part  is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes  a  reference  to a section "of this act", when used in connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the general effective date of this act.

    12                                   PART A

    13    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    14  correction  law  relating to the psychological testing of candidates, as
    15  amended by section 1 of part A of chapter 55 of the  laws  of  2021,  is
    16  amended to read as follows:
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law and shall remain in effect until September 1,
    19  [2023] 2025.
    20    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    21  tive  law  and  the  criminal  procedure  law  relating to expanding the
    22  geographic area of employment of certain police officers, as amended  by
    23  section  2  of  part  A of chapter 55 of the laws of 2021, is amended to
    24  read as follows:
    25    § 3. This act shall take effect on the  first  day  of  November  next
    26  succeeding  the  date  on  which  it  shall have become a law, and shall
    27  remain in effect until the first day of September, [2023] 2025, when  it
    28  shall expire and be deemed repealed.
    29    §  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
    30  correction law and the penal  law  relating  to  prisoner  furloughs  in
    31  certain  cases  and  the  crime  of  absconding therefrom, as amended by
    32  section 3 of part A of chapter 55 of the laws of  2021,  is  amended  to
    33  read as follows:
    34    §  3.  This act shall take effect 60 days after it shall have become a
    35  law and shall remain in effect until September 1, [2023] 2025.
    36    § 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
    37  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    38  other  chapters and laws relating to correctional facilities, as amended
    39  by section 4 of part A of chapter 55 of the laws of 2021, is amended  to
    40  read as follows:
    41    § 20. This act shall take effect immediately except that section thir-
    42  teen  of  this  act shall expire and be of no further force or effect on
    43  and after September 1, [2023]  2025  and  shall  not  apply  to  persons
    44  committed to the custody of the department after such date, and provided

        S. 4005                             6                            A. 3005

     1  further  that  the commissioner of corrections and community supervision
     2  shall report each January first and July first during such time  as  the
     3  earned  eligibility  program is in effect, to the chairmen of the senate
     4  crime  victims, crime and correction committee, the senate codes commit-
     5  tee, the assembly correction committee, and the assembly  codes  commit-
     6  tee,  the  standards  in  effect for earned eligibility during the prior
     7  six-month period, the number of inmates subject  to  the  provisions  of
     8  earned  eligibility,  the  number  who actually received certificates of
     9  earned eligibility during that period of time,  the  number  of  inmates
    10  with  certificates who are granted parole upon their first consideration
    11  for parole, the number with certificates  who  are  denied  parole  upon
    12  their  first  consideration,  and  the number of individuals granted and
    13  denied parole who did not have earned eligibility certificates.
    14    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    15  amending the tax law and other laws relating to taxes, surcharges,  fees
    16  and funding, as amended by section 5 of part A of chapter 55 of the laws
    17  of 2021, is amended to read as follows:
    18    (q)  the  provisions  of  section  two hundred eighty-four of this act
    19  shall remain in effect until September 1, [2023] 2025 and be  applicable
    20  to all persons entering the program on or before August 31, [2023] 2025.
    21    §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
    22  correction law and the  penal  law  relating  to  inmate  work  release,
    23  furlough  and  leave, as amended by section 6 of part A of chapter 55 of
    24  the laws of 2021, is amended to read as follows:
    25    § 10. This act shall take effect 30 days after it shall have become  a
    26  law  and  shall  remain  in  effect  until September 1, [2023] 2025, and
    27  provided further that the commissioner of  correctional  services  shall
    28  report each January first, and July first, to the chairman of the senate
    29  crime  victims, crime and correction committee, the senate codes commit-
    30  tee, the assembly correction committee, and the assembly  codes  commit-
    31  tee,  the  number of eligible inmates in each facility under the custody
    32  and control of the commissioner who have applied  for  participation  in
    33  any  program  offered under the provisions of work release, furlough, or
    34  leave, and the number of such inmates who have been approved for partic-
    35  ipation.
    36    § 7. Subdivision (c) of section 46 of chapter 60 of the laws of  1994,
    37  relating  to certain provisions which impact upon expenditure of certain
    38  appropriations made by chapter 50 of the  laws  of  1994,  enacting  the
    39  state operations budget, as amended by section 7 of part A of chapter 55
    40  of the laws of 2021, is amended to read as follows:
    41    (c)  sections forty-one and forty-two of this act shall expire Septem-
    42  ber 1, [2023] 2025; provided, that the provisions of  section  forty-two
    43  of  this act shall apply to inmates entering the work release program on
    44  or after such effective date; and
    45    § 8. Subdivision (aa) of section 427 of chapter  55  of  the  laws  of
    46  1992, amending the tax law and other laws relating to taxes, surcharges,
    47  fees  and  funding,  as amended by section 10 of part A of chapter 55 of
    48  the laws of 2021, is amended to read as follows:
    49    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    50  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    51  expire on September 1, [2023] 2025;
    52    § 9. Section 12 of chapter 907 of  the  laws  of  1984,  amending  the
    53  correction  law,  the New York city criminal court act and the executive
    54  law relating to prison and jail housing and  alternatives  to  detention
    55  and  incarceration programs, as amended by section 11 of part A of chap-
    56  ter 55 of the laws of 2021, is amended to read as follows:

        S. 4005                             7                            A. 3005

     1    § 12.  This  act  shall  take  effect  immediately,  except  that  the
     2  provisions  of sections one through ten of this act shall remain in full
     3  force and effect until September 1, [2023]  2025  on  which  date  those
     4  provisions shall be deemed to be repealed.
     5    §  10.  Subdivision  (p)  of section 406 of chapter 166 of the laws of
     6  1991, amending the tax law and other laws relating to taxes, as  amended
     7  by section 12 of part A of chapter 55 of the laws of 2021, is amended to
     8  read as follows:
     9    (p) The amendments to section 1809 of the vehicle and traffic law made
    10  by sections three hundred thirty-seven and three hundred thirty-eight of
    11  this  act  shall not apply to any offense committed prior to such effec-
    12  tive date; provided, further, that section three  hundred  forty-one  of
    13  this act shall take effect immediately and shall expire November 1, 1993
    14  at  which  time  it  shall  be  deemed  repealed; sections three hundred
    15  forty-five and three hundred forty-six of this  act  shall  take  effect
    16  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
    17  six, three hundred fifty-seven and three hundred fifty-nine of this  act
    18  shall  take  effect immediately and shall expire June 30, 1995 and shall
    19  revert to and be read as if this act had not been enacted; section three
    20  hundred fifty-eight of this act shall take effect immediately and  shall
    21  expire  June 30, 1998 and shall revert to and be read as if this act had
    22  not been enacted; section three hundred sixty-four through three hundred
    23  sixty-seven of this act shall apply to claims filed  on  or  after  such
    24  effective  date; sections three hundred sixty-nine, three hundred seven-
    25  ty-two, three hundred seventy-three, three hundred  seventy-four,  three
    26  hundred  seventy-five  and  three  hundred seventy-six of this act shall
    27  remain in effect until September 1, [2023]  2025,  at  which  time  they
    28  shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
    29  surcharge provided in section three hundred  seventy-four  of  this  act
    30  shall  apply  to parking violations occurring on or after said effective
    31  date; and provided further that the amendments made to  section  235  of
    32  the vehicle and traffic law by section three hundred seventy-two of this
    33  act,  the amendments made to section 1809 of the vehicle and traffic law
    34  by sections three hundred thirty-seven and three hundred thirty-eight of
    35  this act and the amendments made to section 215-a of the  labor  law  by
    36  section three hundred seventy-five of this act shall expire on September
    37  1,  [2023]  2025  and upon such date the provisions of such subdivisions
    38  and sections shall revert to and be read as if the  provisions  of  this
    39  act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
    40  section 400.05 of the penal law made by sections three hundred  seventy-
    41  seven  and  three hundred seventy-eight of this act shall expire on July
    42  1, 1992 and upon such date the provisions  of  such  subdivisions  shall
    43  revert  and  shall be read as if the provisions of this act had not been
    44  enacted; the state board of law examiners shall take such action  as  is
    45  necessary to assure that all applicants for examination for admission to
    46  practice  as  an  attorney and counsellor at law shall pay the increased
    47  examination fee provided for by the amendment made to section 465 of the
    48  judiciary law by section three hundred eighty of this act for any  exam-
    49  ination given on or after the effective date of this act notwithstanding
    50  that an applicant for such examination may have prepaid a lesser fee for
    51  such examination as required by the provisions of such section 465 as of
    52  the  date  prior  to  the  effective date of this act; the provisions of
    53  section 306-a of the civil practice law and rules as  added  by  section
    54  three  hundred eighty-one of this act shall apply to all actions pending
    55  on or commenced on or after September 1, 1991, provided,  however,  that
    56  for  the  purposes of this section service of such summons made prior to

        S. 4005                             8                            A. 3005

     1  such date shall be deemed to have been completed on September  1,  1991;
     2  the  provisions  of section three hundred eighty-three of this act shall
     3  apply to all money deposited  in  connection  with  a  cash  bail  or  a
     4  partially  secured  bail  bond  on or after such effective date; and the
     5  provisions of sections  three  hundred  eighty-four  and  three  hundred
     6  eighty-five  of  this  act  shall  apply  only to jury service commenced
     7  during a judicial term beginning on or after the effective date of  this
     8  act; provided, however, that nothing contained herein shall be deemed to
     9  affect  the  application,  qualification,  expiration  or  repeal of any
    10  provision of law amended by any section of this act and such  provisions
    11  shall  be  applied or qualified or shall expire or be deemed repealed in
    12  the same manner, to the same extent and on the same date as the case may
    13  be as otherwise provided by law;
    14    § 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    15  amended by section 13 of part A of chapter 55 of the laws  of  2021,  is
    16  amended to read as follows:
    17    8. The provisions of this section shall only apply to offenses commit-
    18  ted  on  or  before September first, two thousand [twenty-three] twenty-
    19  five.
    20    § 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    21  cle and traffic law relating to the ignition interlock  device  program,
    22  as amended by section 14 of part A of chapter 55 of the laws of 2021, is
    23  amended to read as follows:
    24    §  6.  This  act  shall  take  effect  on  the first day of April next
    25  succeeding the date on which it  shall  have  become  a  law;  provided,
    26  however,  that  effective immediately, the addition, amendment or repeal
    27  of any rule or regulation necessary for the implementation of the  fore-
    28  going  sections  of  this  act on their effective date is authorized and
    29  directed to be made and completed on or before such effective  date  and
    30  shall  remain in full force and effect until the first day of September,
    31  [2023] 2025 when upon such date the provisions  of  this  act  shall  be
    32  deemed repealed.
    33    § 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
    34  laws of 1997, amending the military law and other laws relating to vari-
    35  ous  provisions, as amended by section 15 of part A of chapter 55 of the
    36  laws of 2021, is amended to read as follows:
    37    a. sections forty-three through forty-five of this  act  shall  expire
    38  and be deemed repealed on September 1, [2023] 2025;
    39    § 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
    40  the civil practice law and rules and the court of claims act relating to
    41  prisoner  litigation reform, as amended by section 16 of part A of chap-
    42  ter 55 of the laws of 2021, is amended to read as follows:
    43    § 4. This act shall take effect 120 days after it shall have become  a
    44  law  and shall remain in full force and effect until September 1, [2023]
    45  2025, when upon such date it shall expire.
    46    § 15. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    47  constituting  the  family  protection and domestic violence intervention
    48  act of 1994, as amended by section 17 of part A of  chapter  55  of  the
    49  laws of 2021, is amended to read as follows:
    50    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    51  added by section thirty-two of this act shall  take  effect  January  1,
    52  1996  and  shall  expire  and  be deemed repealed on September 1, [2023]
    53  2025.
    54    § 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    55  inal procedure law relating to the use of closed-circuit television  and
    56  other  protective  measures  for  certain child witnesses, as amended by

        S. 4005                             9                            A. 3005

     1  section 18 of part A of chapter 55 of the laws of 2021,  is  amended  to
     2  read as follows:
     3    §  5.  This  act  shall take effect immediately and shall apply to all
     4  criminal actions and proceedings commenced prior to the  effective  date
     5  of  this  act  but  still  pending  on such date as well as all criminal
     6  actions and proceedings commenced on or after such  effective  date  and
     7  its provisions shall expire on  September 1, [2023] 2025, when upon such
     8  date the provisions of this act shall be deemed repealed.
     9    §  17.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
    10  enacting the sentencing reform act of 1995, as amended by section 19  of
    11  part A of chapter 55 of the laws of 2021, is amended to read as follows:
    12    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
    13  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    14  be deemed repealed on September 1, [2023] 2025;
    15    § 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    16  inal  procedure  law  relating to electronic court appearance in certain
    17  counties, as amended by section 20 of part A of chapter 55 of  the  laws
    18  of 2021, is amended to read as follows:
    19    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    20  provisions of this act shall be deemed to have been in  full  force  and
    21  effect  since  July  1, 1992 and the provisions of this act shall expire
    22  September 1, [2023] 2025 when upon such date the provisions of this  act
    23  shall be deemed repealed.
    24    § 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    25  utive law relating to enacting the interstate compact for adult offender
    26  supervision,  as  amended  by  section 21 of part A of chapter 55 of the
    27  laws of 2021, is amended to read as follows:
    28    § 3. This act shall take effect immediately, except that  section  one
    29  of  this  act  shall take effect on the first of January next succeeding
    30  the date on which it shall have become a law, and shall remain in effect
    31  until the first of September, [2023] 2025,  upon  which  date  this  act
    32  shall  be deemed repealed and have no further force and effect; provided
    33  that section one of this act shall only take effect with respect to  any
    34  compacting  state  which  has  enacted  an  interstate  compact entitled
    35  "Interstate compact for adult offender supervision" and having an  iden-
    36  tical  effect  to  that  added  by  section one of this act and provided
    37  further that with respect to any such compacting state, upon the  effec-
    38  tive date of section one of this act, section 259-m of the executive law
    39  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    40  added by section one of  this  act,  shall  take  effect;  and  provided
    41  further  that  with respect to any state which has not enacted an inter-
    42  state compact entitled "Interstate compact  for  adult  offender  super-
    43  vision"  and  having an identical effect to that added by section one of
    44  this act, section 259-m of the executive law shall take effect  and  the
    45  provisions  of  section one of this act, with respect to any such state,
    46  shall have no force or effect until such time as such state shall  adopt
    47  an  interstate  compact  entitled "Interstate compact for adult offender
    48  supervision" and having an identical effect to that added by section one
    49  of this act in which case, with respect to such state,  effective  imme-
    50  diately,  section  259-m  of  the  executive  law is deemed repealed and
    51  section 259-mm of the executive law, as added by  section  one  of  this
    52  act, shall take effect.
    53    §  20. Section 8 of part H of chapter 56 of the laws of 2009, amending
    54  the correction law relating to limiting the closing of  certain  correc-
    55  tional  facilities,  providing  for  the  custody  by  the department of
    56  correctional services of inmates serving definite  sentences,  providing

        S. 4005                            10                            A. 3005

     1  for  custody  of  federal prisoners and requiring the closing of certain
     2  correctional facilities, as amended by section 22 of part A  of  chapter
     3  55 of the laws of 2021, is amended to read as follows:
     4    §  8.  This  act shall take effect immediately; provided, however that
     5  sections five and six of this act shall expire and  be  deemed  repealed
     6  September 1, [2023] 2025.
     7    § 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
     8  the military law relating to military funds of the organized militia, as
     9  amended  by  section  23 of part A of chapter 55 of the laws of 2021, is
    10  amended to read as follows:
    11    § 3. This act shall take effect immediately; provided however that the
    12  amendments made to subdivision 1 of section 221 of the military  law  by
    13  section two of this act shall expire and be deemed repealed September 1,
    14  [2023] 2025.
    15    §  22.  Section  5  of  chapter  554 of the laws of 1986, amending the
    16  correction law and the penal law relating  to  providing  for  community
    17  treatment  facilities  and establishing the crime of absconding from the
    18  community treatment facility, as amended by section  24  of  part  A  of
    19  chapter 55 of the laws of 2021, is amended to read as follows:
    20    §  5.  This act shall take effect immediately and shall remain in full
    21  force and effect until September 1, [2023] 2025,  and  provided  further
    22  that the commissioner of correctional services shall report each January
    23  first  and July first during such time as this legislation is in effect,
    24  to the chairmen of  the  senate  crime  victims,  crime  and  correction
    25  committee,  the  senate codes committee, the assembly correction commit-
    26  tee, and the assembly codes committee, the number of individuals who are
    27  released to community treatment facilities during the previous six-month
    28  period, including the total number for each date at  each  facility  who
    29  are  not residing within the facility, but who are required to report to
    30  the facility on a daily or less frequent basis.
    31    § 23. Section 2 of part F of chapter 55 of the laws of 2018,  amending
    32  the  criminal  procedure law relating to pre-criminal proceeding settle-
    33  ments in the city of New York, as amended by section 25  of  part  A  of
    34  chapter 55 of the laws of 2021, is amended to read as follows:
    35    §  2.  This act shall take effect immediately and shall remain in full
    36  force and effect until March 31, [2023] 2025, when it shall  expire  and
    37  be deemed repealed.
    38    § 24. This act shall take effect immediately.

    39                                   PART B

    40    Section 1. The opening paragraph of subdivision 1 of section 510.10 of
    41  the criminal procedure law, as amended by section 1 of subpart C of part
    42  UU  of  chapter 56 of the laws of 2022, is amended and a new subdivision
    43  1-a is added to read as follows:
    44    When a principal, other than a principal  charged  with  a  qualifying
    45  offense  for  which  monetary bail is authorized under this article or a
    46  principal for whom the court is otherwise  authorized  to  fix  bail  or
    47  commit to the custody of the sheriff, whose future court attendance at a
    48  criminal  action  or  proceeding  is or may be required, comes under the
    49  control of a court, such court shall, in accordance with this title,  by
    50  a  securing  order release the principal on the principal's own recogni-
    51  zance, or release the  principal  under  non-monetary  conditions[,  or,
    52  where authorized, fix bail or commit the principal to the custody of the
    53  sheriff]. In all such cases, except where another type of securing order
    54  is  shown  to  be required by law, the court shall release the principal

        S. 4005                            11                            A. 3005

     1  pending trial on the principal's own recognizance, unless it  is  demon-
     2  strated  and  the  court  makes an individualized determination that the
     3  principal poses a risk of flight to avoid prosecution. If such a finding
     4  is  made,  the  court  must select the least restrictive alternative and
     5  condition or conditions that  will  reasonably  assure  the  principal's
     6  return  to  court.   The court shall explain its choice of release[,] or
     7  release with conditions[, bail or remand] on the record or  in  writing.
     8  In  making  its  determination,  the  court  must consider and take into
     9  account available information about the principal, including:
    10    1-a.  When a principal, charged with a qualifying  offense  for  which
    11  monetary  bail  is authorized under this article or a principal for whom
    12  the court is otherwise authorized to fix bail or commit to  the  custody
    13  of  the  sheriff,  whose future court attendance at a criminal action or
    14  proceeding is or may be required, comes under the control  of  a  court,
    15  such  court  shall,  in  accordance with this title, by a securing order
    16  release the principal on the principal's own recognizance,  release  the
    17  principal under non-monetary conditions, fix bail, or commit the princi-
    18  pal to the custody of the sheriff. The court shall explain its choice of
    19  release,  release  with  conditions,  bail or remand on the record or in
    20  writing. In making its determination, the court must consider  and  take
    21  into account available information about the principal, including:
    22    (a) The principal's activities and history;
    23    (b) If the principal is a defendant, the charges facing the principal;
    24    (c) The principal's criminal conviction record if any;
    25    (d)  The  principal's  record  of  previous adjudication as a juvenile
    26  delinquent, as retained pursuant to section 354.1 of  the  family  court
    27  act,  or,  of  pending cases where fingerprints are retained pursuant to
    28  section 306.1 of such act, or a youthful offender, if any;
    29    (e) The principal's previous record with respect to  flight  to  avoid
    30  criminal prosecution;
    31    (f)  If monetary bail is authorized, according to the restrictions set
    32  forth in this title, the principal's individual financial circumstances,
    33  and, in cases where bail is authorized, the principal's ability to  post
    34  bail  without  posing  undue  hardship, as well as his or her ability to
    35  obtain a secured, unsecured, or partially secured bond;
    36    (g) Any violation by the principal of an order of protection issued by
    37  any court;
    38    (h) The principal's history of use or possession of a firearm;
    39    (i) Whether the charge is alleged to have caused serious  harm  to  an
    40  individual or group of individuals; and
    41    (j) If the principal is a defendant, in the case of an application for
    42  a  securing  order  pending  appeal,  the  merit or lack of merit of the
    43  appeal.
    44    § 2. The opening paragraph of subdivision 1 of section 510.30  of  the
    45  criminal  procedure law, as amended by section 2 of subpart C of part UU
    46  of chapter 56 of the laws of 2022, is amended and a new subparagraph 1-a
    47  is added to read as follows:
    48    With respect to any principal, other than a principal charged  with  a
    49  qualifying  offense  for  which  monetary  bail is authorized under this
    50  article or a principal for whom the court is otherwise authorized to fix
    51  bail or commit to the custody of the sheriff, the court  in  all  cases,
    52  unless otherwise provided by law, must impose the least restrictive kind
    53  and  degree  of  control  or restriction that is necessary to secure the
    54  principal's return to court when required.  In determining that  matter,
    55  the court must, on the basis of available information, consider and take

        S. 4005                            12                            A. 3005

     1  into  account  information  about  the principal that is relevant to the
     2  principal's return to court, including:
     3    1-a.    When  a principal, charged with a qualifying offense for which
     4  monetary bail is authorized under this article or a principal  for  whom
     5  the  court  is otherwise authorized to fix bail or commit to the custody
     6  of the sheriff, whose future court attendance at a  criminal  action  or
     7  proceeding  is  or  may be required, comes under the control of a court,
     8  such court shall, in accordance with this title,  by  a  securing  order
     9  release  the  principal on the principal's own recognizance, release the
    10  principal under non-monetary conditions, fix bail, or commit the princi-
    11  pal to the custody of the sheriff. The court shall explain its choice of
    12  release, release with conditions, bail or remand on  the  record  or  in
    13  writing.  In  making its determination, the court must consider and take
    14  into account available information about the principal, including:
    15    (a) The principal's activities and history;
    16    (b) If the principal is a defendant, the charges facing the principal;
    17    (c) The principal's criminal conviction record if any;
    18    (d) The principal's record of  previous  adjudication  as  a  juvenile
    19  delinquent,  as  retained  pursuant to section 354.1 of the family court
    20  act, or, of pending cases where fingerprints are  retained  pursuant  to
    21  section 306.1 of such act, or a youthful offender, if any;
    22    (e)  The  principal's  previous record with respect to flight to avoid
    23  criminal prosecution;
    24    (f) If monetary bail is authorized, according to the restrictions  set
    25  forth in this title, the principal's individual financial circumstances,
    26  and,  in cases where bail is authorized, the principal's ability to post
    27  bail without posing undue hardship, as well as his  or  her  ability  to
    28  obtain a secured, unsecured, or partially secured bond;
    29    (g) Any violation by the principal of an order of protection issued by
    30  any court;
    31    (h) The principal's history of use or possession of a firearm;
    32    (i)  Whether  the  charge is alleged to have caused serious harm to an
    33  individual or group of individuals; and
    34    (j) If the principal is a defendant, in the case of an application for
    35  a securing order pending appeal, the merit  or  lack  of  merit  of  the
    36  appeal.
    37    §  3.  The  opening  paragraph  of  paragraph  (b) of subdivision 1 of
    38  section 530.20 of the criminal procedure law, as amended by section 3 of
    39  part UU of chapter 56 of the  laws  of  2020,  is  amended  to  read  as
    40  follows:
    41    Where the principal stands charged with a qualifying offense for which
    42  monetary  bail  is authorized or where the court is otherwise authorized
    43  to fix bail, the court, unless otherwise prohibited by law, may  in  its
    44  discretion  release  the  principal pending trial on the principal's own
    45  recognizance or under non-monetary conditions, fix bail, or,  where  the
    46  defendant  is  charged  with a qualifying offense which is a felony, the
    47  court may commit the principal to the custody of the sheriff. The  court
    48  shall  explain  its  choice of release, release with conditions, bail or
    49  remand on the record or in writing. A principal stands  charged  with  a
    50  qualifying offense when he or she stands charged with:
    51    §  4.  The opening paragraph of subdivision 4 of section 530.40 of the
    52  criminal procedure law, as amended by section 4 of part UU of chapter 56
    53  of the laws of 2020, is amended to read as follows:
    54    Where the principal stands charged with a qualifying offense for which
    55  monetary bail is authorized or where the court is  otherwise  authorized
    56  to  fix  bail, the court, unless otherwise prohibited by law, may in its

        S. 4005                            13                            A. 3005

     1  discretion release the principal pending trial on  the  principal's  own
     2  recognizance  or  under non-monetary conditions, fix bail, or, where the
     3  defendant is charged with a qualifying offense which is  a  felony,  the
     4  court  may commit the principal to the custody of the sheriff. The court
     5  shall explain its choice of release, release with  conditions,  bail  or
     6  remand  on  the  record or in writing. A principal stands charged with a
     7  qualifying offense for the purposes of this subdivision when he  or  she
     8  stands charged with:
     9    §  5.  This  act shall take effect on the thirtieth day after it shall
    10  have become a law.

    11                                   PART C

    12    Section 1. Subparagraphs (i) and (ii) of paragraph (a), paragraph (b),
    13  subparagraphs (i), (ii), (iii) and (v) of paragraph (c),  paragraph  (e)
    14  and  the  opening  paragraph and subparagraphs (i) and (ii) of paragraph
    15  (f) of subdivision 6 of section 3502 of the public health law,  subpara-
    16  graph (ii) of paragraph (a), paragraph (b), subparagraphs (i), (iii) and
    17  (v)  of  paragraph (c), paragraph (e) and the opening paragraph of para-
    18  graph (f) as added by chapter 313 of the laws of 2018, subparagraph  (i)
    19  of  paragraph (a), subparagraph (ii) of paragraph (c), and subparagraphs
    20  (i) and (ii) of paragraph (f) as amended by chapter 486 of the  laws  of
    21  2022, are amended to read as follows:
    22    (i)  Notwithstanding  the  provisions  of  this  section  or any other
    23  provision of law, rule or regulation to the contrary,  licensed  practi-
    24  tioners,  persons  licensed  under this article and unlicensed personnel
    25  employed at a state or local correctional facility, secure  or  special-
    26  ized  secure  detention  facility,  or facility for youth placed with or
    27  committed to the office of children and family services may, in a manner
    28  permitted by the regulations promulgated pursuant to  this  subdivision,
    29  utilize  body imaging scanning equipment that applies ionizing radiation
    30  to humans for purposes of screening [incarcerated] individuals  detained
    31  in or committed to such facility and visitors visiting such facility, in
    32  connection with the implementation of such facility's security program.
    33    (ii)  The utilization of such body imaging scanning equipment shall be
    34  in accordance with regulations promulgated by  the  department,  or  for
    35  local  correctional  facilities  in  cities  having  a population of two
    36  million or more, such utilization shall  be  in  accordance  with  regu-
    37  lations promulgated by the New York city department of health and mental
    38  hygiene.  The  state  commission of correction, in consultation with the
    39  department of corrections and community supervision and  the  office  of
    40  children  and family services, shall promulgate regulations establishing
    41  when body imaging scanning equipment will be used to screen visitors  in
    42  state  and  local  correctional facilities, secure or specialized secure
    43  detention facilities, and facilities for youth placed with or  committed
    44  to the office of children and family services.
    45    (b)  Prior  to  establishing,  maintaining  or operating in a state or
    46  local correctional facility,  secure  or  specialized  secure  detention
    47  facility,  or  facility for youth placed with or committed to the office
    48  of children and family services, any body  imaging  scanning  equipment,
    49  the  chief administrative officer of the facility shall ensure that such
    50  facility is in compliance with the regulations promulgated  pursuant  to
    51  this subdivision and otherwise applicable requirements for the installa-
    52  tion,  registration, maintenance, operation and inspection of body imag-
    53  ing scanning equipment.

        S. 4005                            14                            A. 3005

     1    (i) A requirement that prior to operating body imaging scanning equip-
     2  ment, unlicensed personnel  employed  at  state  or  local  correctional
     3  facilities, secure or specialized secure detention facilities, or facil-
     4  ities  for  youth placed with or committed to the office of children and
     5  family  services  shall  have  successfully  completed a training course
     6  approved by the department, or  for  local  correctional  facilities  in
     7  cities  of two million or more, approved by the New York city department
     8  of health and mental hygiene, and that such personnel receive additional
     9  training on an annual basis;
    10    (ii) Limitations on exposure which shall be no more than fifty percent
    11  of the annual exposure limits for non-radiation workers as specified  by
    12  applicable regulations, except that [incarcerated] individuals under the
    13  age  of  eighteen shall not be subject to more than five percent of such
    14  annual exposure limits, and pregnant women shall not be subject to  such
    15  scanning at any time. Procedures for identifying pregnant women shall be
    16  set forth in the regulations;
    17    (iii)  Registration  with the department of each body imaging scanning
    18  machine  purchased  or  installed  at  a  state  or  local  correctional
    19  facility,  secure  or specialized secure detention facility, or facility
    20  for youth placed with or committed to the office of children and  family
    21  services;
    22    (v)  A  requirement  that  records  be kept regarding each use of body
    23  imaging scanning equipment by the state or local correctional  facility,
    24  secure  or  specialized secure detention facility, or facility for youth
    25  placed with or committed to the office of children and family services.
    26    (e) For the purposes of this subdivision[,]:
    27    (i) "[local] Local correctional facility" shall have the same  meaning
    28  as found in subdivision sixteen of section two of the correction law.
    29    (ii)  "State correctional facility" shall mean a "correctional facili-
    30  ty" as defined in subdivision four of section two of the correction law.
    31    (iii) "Secure detention facility" shall mean a secure detention facil-
    32  ity certified by the office of children and family services pursuant  to
    33  section five hundred three of the executive law.
    34    (iv) "Specialized secure detention facility" shall mean a facility for
    35  adolescent  offenders  certified  by  the  office of children and family
    36  services in consultation with the state commission on correction  pursu-
    37  ant  to  subdivision nine of section five hundred three of the executive
    38  law.
    39    (v) "Facility for youth placed with or  committed  to  the  office  of
    40  children and family services" shall mean a facility operated pursuant to
    41  section five hundred four of the executive law.
    42    Any local government agency that utilizes body imaging scanning equip-
    43  ment in a state or local correctional facility, secure detention facili-
    44  ty,  or  specialized  secure  detention  facility under its jurisdiction
    45  shall submit an annual report to the  department,  the  speaker  of  the
    46  assembly,  and  the  temporary president of the senate.  If body imaging
    47  scanning equipment is utilized in one or more state correctional facili-
    48  ties or facilities for youth placed with or committed to the  office  of
    49  children  and  family  services,  then the department of corrections and
    50  community supervision or the office of children and family services,  as
    51  applicable, shall submit an annual report to the department, the speaker
    52  of  the assembly, and the temporary president of the senate. Such report
    53  by either the local government agency, the department of corrections and
    54  community supervision, or the office of  children  and  family  services
    55  shall  be  submitted  within  eighteen  months after the initial date of
    56  registration of such equipment with the department, and annually  there-

        S. 4005                            15                            A. 3005

     1  after,  and  shall  contain  the  following  information as to each such
     2  facility:
     3    (i) the number of times the equipment was used on [incarcerated] indi-
     4  viduals  detained in, committed to or visiting the facility upon intake,
     5  before visits, after visits, and upon the suspicion  of  contraband,  as
     6  well as any other event that triggers the use of such equipment;
     7    (ii)  the  average,  median, and highest number of times the equipment
     8  was used on any [incarcerated] individual detained in, committed  to  or
     9  visiting the facility, with corresponding exposure levels;
    10    § 2. This act shall take effect on the one hundred twentieth day after
    11  it  shall  have  become  a law; provided however, that the amendments to
    12  subdivision 6 of section 3502 of the public health law made  by  section
    13  one  of  this  act  shall  not affect the repeal of such subdivision and
    14  shall be deemed repealed therewith. Effective immediately, the addition,
    15  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    16  implementation  of  this  act on its effective date are authorized to be
    17  made and completed on or before such effective date.

    18                                   PART D

    19    Section 1. Subdivision 4 of  section  7  of  the  correction  law,  as
    20  amended by section 5 of subpart A of Part C of section 62 of the laws of
    21  2011, is amended to read as follows:
    22    4. The commissioner shall not appoint any person as a correction offi-
    23  cer,  unless such person has attained his or her nineteenth birthday, or
    24  as a parole officer, unless such person has attained his or her  twenty-
    25  first birthday.
    26    § 2. This act shall take effect immediately.

    27                                   PART E

    28    Section 1. The executive law is amended by adding a new section 236 to
    29  read as follows:
    30    § 236. Criminal offenses involving the discharge of any firearm, shot-
    31  gun,  or  rifle. The division of state police shall maintain a statewide
    32  repository of data relating to criminal offenses involving the discharge
    33  of any firearm, shotgun, or rifle and  shall  develop  and  implement  a
    34  program  to  provide  for  the collection of such data and the reporting
    35  thereof by law enforcement agencies. The superintendent of the  division
    36  of  state  police  shall  adopt  and  promulgate regulations prescribing
    37  reporting procedures for such state or local law  enforcement  agencies,
    38  including the form for reporting such information.  Data acquired by law
    39  enforcement   agencies  relating  to  criminal  offenses  involving  the
    40  discharge of any firearm, shotgun, or rifle shall be sent to the reposi-
    41  tory as soon as practicable, but in no case more than seventy-two  hours
    42  after  the  agency  has  determined  that the firearm, rifle, or shotgun
    43  discharge occurred in connection with a criminal offense.   In  addition
    44  to  any  other  information  which the superintendent of the division of
    45  state police may require, the reporting shall include: (a) the  location
    46  of  the incident; (b) the nature of the criminal offense and the circum-
    47  stances of the firearm, rifle, or shotgun discharge; (c) the nature  and
    48  extent  of  any  injuries suffered as a result of the firearm, rifle, or
    49  shotgun discharge; (d) the  firearm,  rifle,  or  shotgun  manufacturer,
    50  model,  serial number, caliber, and any ammunition microstamping identi-
    51  fier; (e) whether the firearm, rifle, or shotgun has been recovered by a
    52  law enforcement agency; (f) whether an arrest has been made and, if  so,

        S. 4005                            16                            A. 3005

     1  the  crimes  charged;  and (g) any information related to any ammunition
     2  cartridge cases recovered at the scene including, but  not  limited  to,
     3  the caliber and manufacturer.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.

     6                                   PART F

     7    Section 1. This act enacts into law components of legislation relating
     8  to  firearms and body armor. Each component is wholly contained within a
     9  Part identified as Subparts A through B. The  effective  date  for  each
    10  particular  provision  contained within such Subpart is set forth in the
    11  last section of such Subpart. Any provision  in  any  section  contained
    12  within  a  Subpart,  including  the effective date of the Subpart, which
    13  makes a reference to a section "of this act", when  used  in  connection
    14  with that particular component, shall be deemed to mean and refer to the
    15  corresponding  section  of the Subpart in which it is found. Section two
    16  of this act sets forth the general effective date of this act.
    17                                  SUBPART A
    18    Section 1. Section 265.01-e of the penal law, as added by chapter  371
    19  of the laws of 2022, is amended to read as follows:
    20  § 265.01-e Criminal  possession  of  a  firearm,  rifle  or shotgun in a
    21               sensitive location.
    22    1. A person is guilty of criminal possession of a  firearm,  rifle  or
    23  shotgun  in  a  sensitive location when such person possesses a firearm,
    24  rifle or shotgun in or upon a sensitive location, and such person  knows
    25  or reasonably should know such location is a sensitive location.
    26    2. For the purposes of this section, a sensitive location shall mean:
    27    (a)  any  place  owned or under the control of federal, state or local
    28  government, for the  purpose  of  government  administration,  including
    29  courts;
    30    (b)  any  location  providing  health,  behavioral health, or chemical
    31  dependance care or services;
    32    (c) any place of worship [or religious observation], except for  those
    33  persons responsible for security at such place of worship;
    34    (d) libraries, public playgrounds, public parks, and zoos;
    35    (e)  the location of any program licensed, regulated, certified, fund-
    36  ed, or approved by the office  of  children  and  family  services  that
    37  provides  services  to  children,  youth,  or  young adults, any legally
    38  exempt childcare provider; a childcare program for  which  a  permit  to
    39  operate  such  program  has  been issued by the department of health and
    40  mental hygiene pursuant to the health code of the city of New York;
    41    (f) nursery schools, preschools, and summer camps;
    42    (g) the location of any program licensed, regulated, certified,  oper-
    43  ated,  or  funded  by the office for people with developmental disabili-
    44  ties;
    45    (h) the location of any program licensed, regulated, certified,  oper-
    46  ated, or funded by office of addiction services and supports;
    47    (i)  the location of any program licensed, regulated, certified, oper-
    48  ated, or funded by the office of mental health;
    49    (j) the location of any program licensed, regulated, certified,  oper-
    50  ated, or funded by the office of temporary and disability assistance;
    51    (k)  homeless  shelters, runaway homeless youth shelters, family shel-
    52  ters, shelters for adults, domestic  violence  shelters,  and  emergency
    53  shelters, and residential programs for victims of domestic violence;

        S. 4005                            17                            A. 3005

     1    (l)  residential  settings  licensed, certified, regulated, funded, or
     2  operated by the department of health;
     3    (m) in or upon any building or grounds, owned or leased, of any educa-
     4  tional  institutions, colleges and universities, licensed private career
     5  schools, school districts,  public  schools,  private  schools  licensed
     6  under  article  one  hundred  one of the education law, charter schools,
     7  non-public schools, board of cooperative educational  services,  special
     8  act  schools,  preschool special education programs, private residential
     9  or non-residential schools for the education of students with  disabili-
    10  ties, and any state-operated or state-supported schools;
    11    (n)  any  place, conveyance, or vehicle used for public transportation
    12  or public transit, subway cars, train cars,  buses,  ferries,  railroad,
    13  omnibus,  marine or aviation transportation; or any facility used for or
    14  in  connection  with  service  in  the  transportation  of   passengers,
    15  airports, train stations, subway and rail stations, and bus terminals;
    16    (o)  any  establishment  [issued  a]  holding  an  active  license for
    17  on-premise consumption pursuant to article four, four-A, five, or six of
    18  the alcoholic beverage control law where alcohol  is  consumed  and  any
    19  establishment  licensed  under  article  four  of  the  cannabis law for
    20  on-premise consumption;
    21    (p) any place used for the performance, art entertainment, gaming,  or
    22  sporting  events such as theaters, stadiums, racetracks, museums, amuse-
    23  ment parks, performance venues, concerts, exhibits, conference  centers,
    24  banquet  halls, and gaming facilities and video lottery terminal facili-
    25  ties as licensed by the gaming commission;
    26    (q) any location being used as a polling place;
    27    (r) any public sidewalk or other public area restricted  from  general
    28  public access for a limited time or special event that has been issued a
    29  permit  for  such  time or event by a governmental entity, or subject to
    30  specific, heightened law enforcement protection, or  has  otherwise  had
    31  such  access restricted by a governmental entity, provided such location
    32  is identified as such by clear and conspicuous signage;
    33    (s) any gathering of individuals to collectively express their consti-
    34  tutional rights to protest or assemble;
    35    (t) the area commonly known as Times Square, as such  area  is  deter-
    36  mined  and  identified by the city of New York; provided such area shall
    37  be clearly and conspicuously identified with signage.
    38    3. This section shall not apply to:
    39    (a) [consistent with federal law, law enforcement who qualify to carry
    40  under the federal law enforcement officers safety  act,]  qualified  law
    41  enforcement  officers  who  are  authorized  to carry concealed firearms
    42  pursuant to 18 U.S.C 926B, or qualified retired law enforcement officers
    43  who are authorized to carry concealed firearms  pursuant  to  18  U.S.C.
    44  926C;
    45    (b)  persons who are police officers as defined in subdivision thirty-
    46  four of section 1.20 of the criminal procedure law;
    47    (c) persons who are designated peace officers by section 2.10  of  the
    48  criminal procedure law;
    49    (d)  persons who were employed as police officers as defined in subdi-
    50  vision thirty-four of section 1.20 of the criminal procedure law but are
    51  retired;
    52    (e) security guards as defined by and registered under article seven-A
    53  of the general business law, who  have  been  granted  a  special  armed
    54  registration  card, while at the location of their employment and during
    55  their work hours as such a security guard;
    56    (f) active-duty military personnel;

        S. 4005                            18                            A. 3005

     1    (g) persons licensed under paragraph (c), (d) or  (e)  of  subdivision
     2  two  of section 400.00 of this chapter while in the course of his or her
     3  official duties;
     4    (h)  a  government  employee under the express written consent of such
     5  employee's supervising government entity for  the  purposes  of  natural
     6  resource protection and management;
     7    (i)  persons  while lawfully engaged in taking of wildlife or attempts
     8  to take wildlife pursuant  to  a  hunting  [activity,  including  hunter
     9  education  training] license, permit or license issued by the department
    10  of environmental conservation, or as otherwise  authorized  pursuant  to
    11  the  environmental conservation law, and persons while engaged in hunter
    12  education training, marksmanship practice, marksmanship  competition  or
    13  training, or training in the safe handling and use of firearms; [or]
    14    (j)  persons  operating a program in a sensitive location out of their
    15  residence, [as defined by this section,] which is  licensed,  certified,
    16  authorized,  or  funded  by the state or a municipality, so long as such
    17  possession is in compliance with any rules or regulations applicable  to
    18  the operation of such program and use or storage of firearms;
    19    (k)  persons,  while acting in the scope of their official duties, who
    20  are employed in the revenue control  and  security  departments  of  the
    21  metropolitan  transportation  authority,  or  the  New York city transit
    22  authority or an affiliate or subsidiary thereof, who are  authorized  to
    23  carry a firearm as part of their employment;
    24    (l) persons while engaged in historical reenactments or motion picture
    25  or theatrical productions;
    26    (m)  persons,  while acting within the scope of their official duties,
    27  responsible for storage or display of antique firearms, rifles or  shot-
    28  guns at museums and historic sites;
    29    (n)  persons while participating in military ceremonies, funerals, and
    30  honor guards; or
    31    (o) persons while lawfully engaging in learning, practicing,  training
    32  for,  competing  in,  or  travelling  into or within the state to learn,
    33  practice, train for, or compete in, the sport of biathlon.
    34    4. For the purposes of this section, a "public park" shall not include
    35  those areas designated as an "Adirondack park" pursuant  to  subdivision
    36  one  of  section 9-0101 of the environmental conservation law, or desig-
    37  nated as a "Catskill park" pursuant to subdivision two of section 9-0101
    38  of the environmental conservation law.
    39    Criminal possession of a firearm, rifle  or  shotgun  in  a  sensitive
    40  location is a class E felony.
    41    §  2.  Section 265.01-d of the penal law, as added by a chapter 371 of
    42  the laws of 2022, is amended to read as follows:
    43  § 265.01-d Criminal possession of a weapon in a restricted location.
    44    1. A person is  guilty  of  criminal  possession  of  a  weapon  in  a
    45  restricted  location  when  such  person  possesses a firearm, rifle, or
    46  shotgun and enters into or remains on or in private property where  such
    47  person  knows or reasonably should know that the owner or lessee of such
    48  property has not permitted such  possession  by  clear  and  conspicuous
    49  signage indicating that the carrying of firearms, rifles, or shotguns on
    50  their property is permitted or [has] by otherwise [given] giving express
    51  consent.
    52    2. This section shall not apply to:
    53    (a)  police officers as defined in section 1.20 of the criminal proce-
    54  dure law;
    55    (b) persons who are designated peace officers as  defined  in  section
    56  2.10 of the criminal procedure law;

        S. 4005                            19                            A. 3005

     1    (c)  [persons  who  were  employed  as  police  officers as defined in
     2  section 1.20 of the criminal  procedure  law,  but  are]  qualified  law
     3  enforcement  officers  who  are  authorized  to carry concealed firearms
     4  pursuant to 18 U.S.C. 926B, or qualified retired law  enforcement  offi-
     5  cers  who  are  authorized  to  carry  concealed firearms pursuant to 18
     6  U.S.C. 926C;
     7    (d) security guards as defined by and registered under article seven-A
     8  of the general business law who has been granted a special armed  regis-
     9  tration card, while at the location of their employment and during their
    10  work hours as such a security guard;
    11    (e) active-duty military personnel;
    12    (f)  persons  licensed  under paragraph (c), (d) or (e) of subdivision
    13  two of section 400.00 of this chapter while in the course of his or  her
    14  official duties; [or]
    15    (g)  persons  while lawfully engaged in taking of wildlife or attempts
    16  to take wildlife pursuant to a hunting [activity]   license,  permit  or
    17  license  issued  by  the department of environmental conservation, or as
    18  otherwise authorized pursuant to section  11-0707  and  11-0709  of  the
    19  environmental  conservation  law,  and  persons  while engaged in hunter
    20  education training, marksmanship practice, marksmanship  competition  or
    21  training, or training in the safe handling and use of firearms; or
    22    (h)  persons,  while acting in the scope of their official duties, who
    23  are employed in the revenue control  and  security  departments  of  the
    24  metropolitan  transportation  authority,  or  the  New York city transit
    25  authority or an affiliate or subsidiary thereof, who are  authorized  to
    26  carry a firearm as part of their employment.
    27    Criminal  possession of a weapon in a restricted location is a class E
    28  felony.
    29    § 3. Subdivision 2 of section 265.45 of the penal  law,  as  added  by
    30  chapter 371 of the laws of 2022, is amended to read as follows:
    31    2.  No  person  shall  store  or  otherwise leave a rifle, shotgun, or
    32  firearm out of [his  or  her]  such  person's  immediate  possession  or
    33  control  inside a vehicle without first removing the ammunition from and
    34  securely locking such rifle, shotgun, or firearm in an appropriate  safe
    35  storage  depository  out of sight from outside of the vehicle; provided,
    36  however, this subdivision shall not apply to police officers as  defined
    37  pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
    38  procedure law, qualified law enforcement officers who are authorized  to
    39  carry  concealed  firearms pursuant to 18 U.S.C. 926B, or persons in the
    40  military service of the United States or the  state  of  New  York  when
    41  acting  in the course of such person's official military duty or employ-
    42  ment.
    43    § 4. Section 270.21 of the penal law, as amended by chapter 371 of the
    44  laws of 2022, is amended to read as follows:
    45  § 270.21 Unlawful purchase of body armor in the second degree.
    46    A person is guilty of the unlawful  purchase  of  body  armor  in  the
    47  second degree when, not being engaged or employed in an eligible profes-
    48  sion,  they knowingly purchase or take possession of body armor, as such
    49  term is defined in subdivision two of section 270.20  of  this  article.
    50  This  section  shall  not  apply  to  individuals or entities engaged or
    51  employed in eligible professions, which shall include police officers as
    52  defined in section 1.20 of the criminal procedure law, peace officers as
    53  defined in section 2.10 of the criminal procedure law, [persons in mili-
    54  tary service in the state of New York or military or other  service  for
    55  the United States,] and such other professions designated by the depart-
    56  ment of state in accordance with section one hundred forty-four-a of the

        S. 4005                            20                            A. 3005

     1  executive  law.  As  it  relates  to knowingly taking possession of body
     2  armor, this section shall not apply to persons in the  military  service
     3  for  the  state  of New York or military or other service for the United
     4  States  who  are  issued  body  armor  as a requirement of such service.
     5  "Eligible professions" shall not  include  members  of  the  unorganized
     6  militia  as  defined  pursuant  to subdivision two of section two of the
     7  military law.
     8    Unlawful purchase of body armor in the second  degree  is  a  class  A
     9  misdemeanor [for a first offense and a class E felony for any subsequent
    10  offense].
    11    § 5. The penal law is amended by adding a new section 270.21-a to read
    12  as follows:
    13  § 270.21-a Unlawful purchase of body armor in the first degree.
    14    A person is guilty of the unlawful purchase of body armor in the first
    15  degree when:
    16    1. not being engaged or employed in an eligible profession, they know-
    17  ingly purchase or take possession of body armor, as such term is defined
    18  in subdivision two of section 270.20 of this article. This section shall
    19  not  apply  to  individuals  or entities engaged or employed in eligible
    20  professions, which shall include police officers as defined  in  section
    21  1.20 of the criminal procedure law, peace officers as defined in section
    22  2.10  of  the  criminal procedure law, and such other professions desig-
    23  nated by the department of state in accordance with section one  hundred
    24  forty-four-a  of  the  executive  law. As it relates to knowingly taking
    25  possession of body armor, this section shall not apply to persons in the
    26  military service for the state of New York or military or other  service
    27  for the United States who are issued body armor as a requirement of such
    28  service.  "Eligible  professions" shall not include members of the unor-
    29  ganized militia as defined pursuant to subdivision two of section two of
    30  the military law; and
    31    2. has been convicted of the crime of unlawful purchase of body  armor
    32  in the second degree within the previous ten years.
    33    Unlawful purchase of body armor in the first degree is a class E felo-
    34  ny.
    35    §  6.  Section 270.22 of the penal law, as amended by a chapter 371 of
    36  the laws of 2022, is amended to read as follows:
    37  § 270.22 Unlawful sale of body armor in the second degree.
    38    A person is guilty of the unlawful sale of body armor  in  the  second
    39  degree  when they sell, exchange, give or dispose of body armor, as such
    40  term is defined in subdivision two of section 270.20 of this article, to
    41  an individual whom they know or reasonably  should  have  known  is  not
    42  engaged  or  employed in an eligible profession, as such term is defined
    43  in section 270.21 of this article.
    44    Unlawful sale of body armor in the second degree is a class  A  misde-
    45  meanor  [for  the  first offense and a class E felony for any subsequent
    46  offense].
    47    § 7. The penal law is amended by adding a new section 270.22-a to read
    48  as follows:
    49  § 270.22-a Unlawful sale of body armor in the first degree.
    50    A person is guilty of the unlawful sale of body  armor  in  the  first
    51  degree when:
    52    1. they sell, exchange, give or dispose of body armor, as such term is
    53  defined  in  subdivision  two  of  section 270.20 of this article, to an
    54  individual whom they know or reasonably should have known is not engaged
    55  or employed in an eligible  profession,  as  such  term  is  defined  in
    56  section 270.21 of this article; and

        S. 4005                            21                            A. 3005

     1    2.  they  have  been  convicted  of the crime of unlawful sale of body
     2  armor in the second degree within the previous ten years.
     3    Unlawful sale of body armor in the first degree is a class E felony.
     4    § 8. This act shall take effect immediately.

     5                                  SUBPART B

     6    Section 1. Section 265.65 of the penal law, as added by chapter 212 of
     7  the laws of 2022, is amended and a new section 265.65-a is added to read
     8  as follows:
     9  § 265.65 Criminal  purchase  of  a  semiautomatic  rifle  in  the second
    10             degree.
    11    A person is guilty of criminal purchase of a  semiautomatic  rifle  in
    12  the  second  degree  when  [he  or  she]  such person purchases or takes
    13  possession of a semiautomatic rifle and does not possess  a  license  to
    14  purchase  or  take  possession  of  a semiautomatic rifle as provided in
    15  subdivision two of section 400.00 of this chapter.   [Criminal  purchase
    16  of  a semiautomatic rifle is a class A misdemeanor for the first offense
    17  and a class E felony for subsequent offenses]  This  section  shall  not
    18  apply to police officers, as defined pursuant to subdivision thirty-four
    19  of section 1.20 of the criminal procedure law, peace officers as defined
    20  pursuant  to  section  2.10  of the criminal procedure law, except those
    21  peace officers who are not authorized under such  section  to  carry  or
    22  possess  a  firearm  unless  the  appropriate license therefore has been
    23  issued pursuant to section 400.00 of this chapter, persons in the  mili-
    24  tary  service  of the United States or the state of New York when acting
    25  in the course of their official military duties or employment, or  deal-
    26  ers  in  firearms  as  defined  pursuant  to subdivision nine of section
    27  265.00 of this article.
    28    Criminal purchase of a semiautomatic rifle in the second degree  is  a
    29  class A misdemeanor.
    30  § 265.65-a Criminal  purchase  of  a  semiautomatic  rifle  in the first
    31               degree.
    32    A person is guilty of criminal purchase of a  semiautomatic  rifle  in
    33  the first degree when such person:
    34    1. purchases or takes possession of a semiautomatic rifle and does not
    35  possess  a  license to purchase or take possession of such semiautomatic
    36  rifle as provided in subdivision two of section 400.00 of this  chapter.
    37  This  section  shall not apply to police officers as defined pursuant to
    38  subdivision thirty-four of section 1.20 of the criminal  procedure  law,
    39  peace  officers  as  defined  pursuant  to  section 2.10 of the criminal
    40  procedure law, persons in the military service of the United  States  or
    41  the  state of New York when acting in the course of their official mili-
    42  tary duties or employment, or dealers in firearms as defined pursuant to
    43  subdivision nine of section 265.00 of this article; and
    44    2. has been convicted of criminal purchase of a semiautomatic rifle in
    45  the second degree within the previous ten years.
    46    Criminal purchase of a semiautomatic rifle in the first  degree  is  a
    47  class E felony.
    48    §  2.  Section 265.66 of the penal law, as added by chapter 212 of the
    49  laws of 2022, is amended to read as follows:
    50  § 265.66 Criminal sale of a semiautomatic rifle.
    51    A person is guilty of criminal sale of  a  semiautomatic  rifle  when,
    52  knowing  or  having  reason  to know it is a semiautomatic rifle, [he or
    53  she] such person sells, exchanges, gives or disposes of a  semiautomatic
    54  rifle to another person and such other person does not possess a license

        S. 4005                            22                            A. 3005

     1  to  purchase  or take possession of a semiautomatic rifle as provided in
     2  subdivision two of section 400.00 of this chapter.  This  section  shall
     3  not  apply  to a sale, exchange, or other disposition of a semiautomatic
     4  rifle  to a person who is a police officer as defined pursuant to subdi-
     5  vision thirty-four of section 1.20 of  the  criminal  procedure  law,  a
     6  peace officer as defined pursuant to section 2.10 of the criminal proce-
     7  dure  law, except those peace officers who are not authorized under such
     8  section to carry or possess a firearm  unless  the  appropriate  license
     9  therefore  has been issued pursuant to section 400.00 of this chapter, a
    10  person in the military service of the United States or the state of  New
    11  York  when  acting  in  the  course of their official military duties or
    12  employment, or a dealer in firearms as defined pursuant  to  subdivision
    13  nine of section 265.00 of this article.
    14    Criminal sale of a semiautomatic rifle is a class E felony.
    15    §  3.  This  act shall take effect on the thirtieth day after it shall
    16  have become a law.
    17    § 2. This act shall take effect immediately; provided,  however,  that
    18  the  applicable effective date of Subparts A through B of this act shall
    19  be as specifically set forth in the last section of such Subparts.

    20                                   PART G

    21    Section 1. The state finance law is amended by adding  a  new  section
    22  99-qq to read as follows:
    23    § 99-qq. Hazard  mitigation  state  revolving  loan  fund. 1. There is
    24  hereby established within the custody of the  state  comptroller  a  new
    25  fund to be known as the "hazard mitigation revolving loan fund".
    26    2.  The  fund  shall consist of all moneys appropriated therefore, all
    27  moneys received by the state pursuant to a capitalization grant from the
    28  federal emergency management agency in accordance with the  Safeguarding
    29  Tomorrow  through  Ongoing Risk Mitigation Act of 2020 (STORM Act) (P.L.
    30  116-284), payments of principal and interest  on  loans  made  from  the
    31  fund, and interest earned on amounts in the fund.
    32    3.  Moneys  of  the account, when allocated, shall be available to the
    33  commissioner of the Division of Homeland Security and Emergency Services
    34  to make loans pursuant to section seven hundred nineteen of  the  execu-
    35  tive law.
    36    §  2. The executive law is amended by adding a new section 719 to read
    37  as follows:
    38    § 719. Loans  for  eligible  hazard  mitigation  activities.    1. The
    39  commissioner  may  make  loans  to local governments for eligible hazard
    40  mitigation activities, as defined in the  STORM  Act  and  corresponding
    41  federal  regulations,  to  reduce  disaster  risks for homeowners, busi-
    42  nesses, non-profit organizations, and communities subject  to  available
    43  funds  for  such purpose pursuant to section ninety-nine-qq of the state
    44  finance law.
    45    2. The commissioner may make loans under this section subject to  such
    46  other  terms  and  conditions  of the STORM Act, and related federal and
    47  state rules, regulations, policies and guidelines.
    48    § 3. This act shall take effect immediately.

    49                                   PART H

    50    Section 1. Section 2 of the volunteer firefighters'  benefit  law,  as
    51  amended  by  chapter  476  of  the  laws  of 2018, is amended to read as
    52  follows:

        S. 4005                            23                            A. 3005

     1    § 2. Purpose.  One of the finest traditions of American community life
     2  is the service which people render  to  others  [without  remuneration].
     3  Volunteer firefighters have long been in the forefront of this group. In
     4  recognition of the unselfish service by these volunteers, government has
     5  undertaken  to  provide  for  them  and  their  families some measure of
     6  protection against loss from death or injuries in line of duty. Over the
     7  years there has developed a dual system of benefits when volunteer fire-
     8  fighters are killed or injured. The dual system has  caused  uncertainty
     9  and  confusion. This law establishes a new single system of benefits for
    10  volunteer firefighters and  provides  for  the  administration  of  such
    11  system  by  the  workers'  compensation  board  and the chairman of such
    12  board.
    13    It is hereby declared that this chapter is intended to effectuate  the
    14  objects  and  purposes  of  section eighteen of article one of the state
    15  constitution and that the relationship between the political subdivision
    16  liable for benefits under this chapter and a volunteer firefighter enti-
    17  tled to such benefits is that of employer and employee within the  mean-
    18  ing of such provision of the state constitution.
    19    § 2. Subdivision 3 of section 3 of the volunteer firefighters' benefit
    20  law,  as  amended by chapter 458 of the laws of 1996, is amended to read
    21  as follows:
    22    3. "Line of duty" means the performance by a volunteer firefighter  as
    23  a volunteer firefighter of the duties and activities described in subdi-
    24  vision  one of section five of this chapter and the same such duties and
    25  activities performed for a specialized team established pursuant to  the
    26  provisions  of  section two hundred nine-bb of the general municipal law
    27  for which the volunteer firefighter does not receive any remuneration or
    28  a gratuity and shall be deemed to include any date of injury  as  deter-
    29  mined  by  the workers' compensation board pursuant to the provisions of
    30  section forty-one of this chapter. The following shall not be deemed  to
    31  be  remuneration  or a gratuity: payment of a nominal fee as outlined in
    32  section two hundred-aa of the general municipal  law;  reimbursement  of
    33  expenses for meals, lodging and actual and necessary travel; the receipt
    34  of  a  mileage  allowance  in  lieu  of travel expense; reimbursement of
    35  expenses for registration and tuition fees payable under section  seven-
    36  ty-two-g of the general municipal law, and the acceptance of transporta-
    37  tion,  food, drink, shelter, clothing and similar items while on duty or
    38  engaged in such activities.
    39    § 3. The general municipal law is amended  by  adding  a  new  section
    40  200-aa to read as follows:
    41    §  200-aa.  Nominal fee for volunteer firefighters. 1. For purposes of
    42  this section:
    43    (a) "fire company" shall have the same meaning as defined  in  section
    44  three of the volunteer firefighters' benefit law.
    45    (b)  "nominal  fee"  means  payment  to  a  volunteer firefighter of a
    46  stipend or a fee for a per call or on call basis.  The  payment  of  the
    47  nominal fee is not a substitute for compensation and must not be tied to
    48  productivity.
    49    (c)  "volunteer firefighter" shall have the same meaning as defined in
    50  section three of the volunteer firefighters' benefit law.
    51    2. The governing board of a city, town, village or fire district  may,
    52  by  local  law,  ordinance  or  resolution,  authorize a fire company to
    53  provide nominal fees to volunteer firefighters for: (a)  response  to  a
    54  fire,  alarm  of fire, hazardous material incident or other emergency to
    55  which their fire department, fire company, or any unit  thereof,  either
    56  has responded or would be required or authorized to respond; and (b) for

        S. 4005                            24                            A. 3005

     1  completion  of  certain  training,  as  identified  and published by the
     2  office of fire prevention and control.
     3    3.  The office of fire prevention and control may make available state
     4  funds through a stipend to  volunteer  firefighters  for  completion  of
     5  certain  firefighter training, as identified and published by the office
     6  of fire prevention and control.
     7    § 4. Subdivision 2 of section 517 of  the  labor  law  is  amended  by
     8  adding a new paragraph (j) to read as follows:
     9    (j)  Any  nominal  fee  paid  to  a  volunteer firefighter pursuant to
    10  section two hundred-aa of the general municipal law.
    11    § 5. Subparagraph (m) of the opening paragraph  of  subdivision  5  of
    12  section  651  of the labor law, as amended by chapter 105 of the laws of
    13  2019, is amended to read as follows:
    14    (m) by a federal, state or municipal government or political  subdivi-
    15  sion  thereof,  including  volunteer  firefighters as defined in section
    16  three of the volunteer firefighters' benefit law;
    17    § 6. Section 35 of the civil service law is amended by  adding  a  new
    18  subdivision (l) to read as follows:
    19    (l)  all  volunteer  firefighters  as  defined by section three of the
    20  volunteer firefighters' benefit law.
    21    § 7. Subdivision 7 of section 201 of the civil service law is  amended
    22  by adding a new paragraph (h) to read as follows:
    23    (h)  The term "public employee" shall not mean a volunteer firefighter
    24  as defined by section three of the volunteer firefighters'  benefit  law
    25  for purposes of this article.
    26    §  8.  Paragraph  (c) of subdivision 1 of section 205-g of the general
    27  municipal law, as added by chapter 559 of the laws of 2006,  is  amended
    28  to read as follows:
    29    c.  "Line of duty" means the performance by a volunteer firefighter of
    30  the duties and activities described in subdivision one of  section  five
    31  of  the volunteer firefighters' benefit law and the same such duties and
    32  activities performed for a specialized team established pursuant to  the
    33  provisions  of section two hundred nine-bb of this article for which the
    34  volunteer firefighter does not receive any remuneration  or  a  gratuity
    35  and  shall  be deemed to include any date of injury as determined by the
    36  workers' compensation  board  pursuant  to  the  provisions  of  section
    37  forty-one  of  the  volunteer  firefighters'  benefit law. The following
    38  shall not be deemed to be remuneration or a gratuity:  reimbursement  of
    39  expenses for meals, lodging and actual and necessary travel; the receipt
    40  of  a  mileage  allowance  in  lieu  of travel expense; reimbursement of
    41  expenses for registration and tuition fees payable under section  seven-
    42  ty-two-g  of this chapter, [and] the acceptance of transportation, food,
    43  drink, shelter, clothing and similar items while on duty or  engaged  in
    44  such  activities;  and  payment  of a nominal fee as outlined in section
    45  200-aa of this article.
    46    § 9. Section 209-d of the general municipal law, as amended by chapter
    47  476 of the laws of 2018, is amended to read as follows:
    48    § 209-d. Contracts for outside service by volunteer  fire  departments
    49  and  companies.  Notwithstanding any other provision of law, no contract
    50  shall be made by a municipality or fire district whereby the services of
    51  a volunteer fire department or company are to  be  supplied  outside  of
    52  such  municipality  or fire district to provide (1) fire protection, (2)
    53  emergency service in case of accidents, calamities or other emergencies,
    54  or (3) general ambulance service pursuant to the provisions  of  section
    55  two  hundred  nine-b of this article, unless such volunteer fire depart-
    56  ment or company consents thereto. Any such contract may provide for  the

        S. 4005                            25                            A. 3005

     1  payment  of  a  portion  of  the consideration expressed therein to such
     2  volunteer fire department or company to be expended for fire  department
     3  or  company purposes only. If the municipality or fire district owns all
     4  of  the  fire  apparatus  to  be  used in carrying out the contract, the
     5  portion of the consideration which may be paid to  such  volunteer  fire
     6  department  or company shall not exceed thirty-five per centum, unless a
     7  greater portion was being so paid on March fifteenth,  nineteen  hundred
     8  forty-one,  under  a  contract  entered  into on or before that date, in
     9  which event a not greater portion than was being paid on said  date  may
    10  be  paid  to such volunteer fire department or company in respect to any
    11  contract entered into on or after such date. No payments shall  be  made
    12  to  individual volunteer firefighters as compensation for rendering such
    13  outside service. The payment of a nominal fee to a volunteer firefighter
    14  pursuant to section two hundred-aa of this article shall not  constitute
    15  compensation for rendering such outside service.
    16    § 10. This act shall take effect immediately.

    17                                   PART I

    18    Section  1.  Subdivision  7  of  section  575  of the executive law is
    19  REPEALED and a new subdivision 7 is added to read as follows:
    20    7. Model domestic and gender-based violence policy for New York  state
    21  and its counties. (a) The office shall convene a task force of state and
    22  county  level  municipal  officials,  including  but  not limited to the
    23  following:  commissioners  of  local  departments  of  social  services,
    24  members of the judiciary or their representatives, directors of domestic
    25  violence  programs, representatives from statewide and national advocacy
    26  organizations for the prevention of domestic and gender-based  violence,
    27  including the New York state coalition against domestic violence and the
    28  New  York  state  coalition  against sexual assault, directors of sexual
    29  violence programs, representatives from statewide and national  advocacy
    30  organizations  for  the  prevention of sexual violence, local hospitals,
    31  health and mental health professionals, representatives from  continuums
    32  of  care  and  other  housing providers, local police department chiefs,
    33  directors of county departments of probation, education representatives,
    34  state agency partners overseeing programs and  funding  for  victims  of
    35  gender-based  violence,  including  commissioners  or delegates from the
    36  office of victim services, the office of children and  family  services,
    37  the  office  of  temporary  and disability assistance, the department of
    38  health, the division of criminal justice services, and  members  of  the
    39  New  York  state  interagency  task  force against human trafficking. In
    40  selecting task force members, the office shall seek diversity in  repre-
    41  sentation  in  membership by people from intersectional identities which
    42  can include diverse cultures, beliefs, abilities and  geographic  region
    43  or those who have worked with culturally specific or population specific
    44  survivors.
    45    (b) The purpose of the task force shall be to develop a model domestic
    46  and gender-based violence policy for counties and the state that fosters
    47  a survivor-centered, culturally responsive, and trauma-informed response
    48  across  all  systems  providing  services  to  victims  of  domestic and
    49  gender-based violence, by assuring that best practices, policies, proto-
    50  cols and procedures are used  to  address  the  issue  of  domestic  and
    51  gender-based  violence.  Such  policy shall also address, including, but
    52  not limited to:
    53    (i) how survivors are referred to or access services, with the goal of
    54  creating uniform response by social services  districts  and  community-

        S. 4005                            26                            A. 3005

     1  based  providers,  hospitals  and  medical  providers, mental health and
     2  substance use providers, including  identification,  assessment,  inter-
     3  vention  and  referral policies and responses to victims and persons who
     4  cause harm;
     5    (ii)  creating  uniform  response and investigation by police agencies
     6  and other criminal justice agencies to gender-based violence,  including
     7  use  of  domestic  incident  reports,  screening  tools and assessments,
     8  disposition of domestic violence complaints, the provision  of  informa-
     9  tion and orders of protection;
    10    (iii)  training  and  appropriate  and  relevant measures for periodic
    11  evaluation of community efforts between the office and other state agen-
    12  cies having oversight over any local system; and
    13    (iv) other issues as shall be appropriate and relevant  for  the  task
    14  force to develop such policy.
    15    (c)  The office shall convene a public hearing for members of the task
    16  force to receive input into the model policy developed pursuant to  this
    17  subdivision,  after  which the office shall draft such policy with input
    18  from the task force. Such draft shall be circulated for  review  by  the
    19  public  no  later  than  December  first,  two  thousand twenty-four and
    20  amended as necessary to reflect written comments received.
    21    (d) The model policy developed pursuant to this subdivision  shall  be
    22  reviewed  and  approved by the advisory council, and once approved, such
    23  model policy shall be posted on the office's website.
    24    (e) Notification  of  the  availability  of  the  model  domestic  and
    25  gender-based  violence  policy  developed  pursuant  to this subdivision
    26  shall be made by the office to every county and executive  state  agency
    27  in  the state. Upon notification of the availability of such model poli-
    28  cy, the office shall  set  reasonable  timeframes  for  the  submission,
    29  review,  and  adoption  of all local policies, which shall be adopted no
    30  later than six months after the dissemination of such model policy.
    31    (f) Upon adoption of the  model  policy  developed  pursuant  to  this
    32  subdivision,  every county and executive state agency in the state shall
    33  submit a certification to the office.
    34    (g) The office shall provide training, technical support, and informa-
    35  tion to implement the development of the model policy developed pursuant
    36  to this subdivision.
    37    (h) Nothing contained in this subdivision shall be deemed  to  prevent
    38  the  governing  body  of  a  county or locality from designating a local
    39  advisory committee to investigate the issues,  work  with  providers  of
    40  domestic   and  gender-based  violence  programs  and  other  interested
    41  parties, and to aid in the implementation of the policy required by this
    42  subdivision. Such governing body or advisory committee may  request  and
    43  shall  receive  technical assistance from the office for the development
    44  of such a policy. Implementation of the model domestic  violence  policy
    45  may take place in a form considered appropriate by the governing body of
    46  a county, including guidelines, regulations and local laws.
    47    (i)  The office, in conjunction with any state agency having oversight
    48  over any local system, shall have authority to oversee  compliance  with
    49  the  model  policy  developed  pursuant  to  this  subdivision and, upon
    50  discovering any compliance concerns, to require  corrective  actions  to
    51  come  into  compliance  with such policy. The office shall survey county
    52  governments every five years after the issuance of such policy to evalu-
    53  ate the effectiveness of such policy, to determine the level of  compli-
    54  ance  with  such  model  domestic  and gender-based violence policy, and
    55  identify any additional steps necessary to aid in the implementation  of
    56  such policy.

        S. 4005                            27                            A. 3005

     1    § 2. This act shall take effect on the one hundred eightieth day after
     2  it shall have become a law.

     3                                   PART J

     4    Section  1.  Subdivisions  1 and 2 of section 217 of the military law,
     5  subdivision 1 as amended by chapter 141 of the laws of 1988, and  subdi-
     6  vision  2  as  amended by chapter 63 of the laws of 1976, are amended to
     7  read as follows:
     8    1. Any member of the organized militia who (a) shall  be  disabled  or
     9  has  been  so  disabled in the performance of any actual service of this
    10  state within three years preceding the application for a  pension  under
    11  this chapter, in case of riots, tumults, breach of the peace, resistance
    12  to  process, invasion, insurrection or imminent danger thereof, or when-
    13  ever called upon in aid of the civil authorities, or  while  engaged  in
    14  any  lawfully  ordered  parade,  drill, encampment or inspection, shall,
    15  upon proof of the fact, as hereinafter provided, be placed on the  disa-
    16  bility  retired roll of the state and shall receive out of any moneys in
    17  the treasury of the state, not otherwise appropriated, upon the approval
    18  of the chief of staff and approval of the governor, the same pension  or
    19  reward  that persons under similar circumstances receive from the United
    20  States[.], or
    21    (b) was activated on state active duty on or after September eleventh,
    22  two thousand one, and participated in World Trade  Center  site  rescue,
    23  recovery,  or  cleanup operations as part of such state active duty, and
    24  who is determined to have  incurred  a  qualifying  World  Trade  Center
    25  condition  shall be entitled to a performance of duty disability pension
    26  equivalent to three-quarters of the member's final average  salary.  The
    27  deadline  for submitting any qualifying claim under this paragraph shall
    28  be on or before September eleventh, two thousand twenty-six.  The  adju-
    29  tant general of the division of military and naval affairs is authorized
    30  to promulgate regulations to implement the provisions of this section.
    31    2.  In  case any such member of the organized militia (a) shall die as
    32  the result of any such wound, injury or disease within one year after it
    33  has been incurred or contracted, the surviving  spouse,  children  under
    34  twenty-one years of age or dependent parent of such member of the organ-
    35  ized  militia  shall  receive  such  pension and reward as persons under
    36  similar circumstances receive from the United States[.], or
    37    (b) was activated on state active duty on or after September eleventh,
    38  two thousand one, and participated in World Trade  Center  site  rescue,
    39  recovery,  or  cleanup operations as part of such state active duty, and
    40  whose death is determined to be the result  of  incurring  a  qualifying
    41  World  Trade  Center  condition shall be entitled to an accidental death
    42  benefit of one-half of the member's final average salary.  The  deadline
    43  for  submitting any qualifying claim under this paragraph shall be on or
    44  before September eleventh, two thousand twenty-six. The adjutant general
    45  of the division of military and naval affairs is authorized  to  promul-
    46  gate regulations to implement the provisions of this section.
    47    § 2. This act shall take effect immediately.

    48                                   PART K

    49    Section  1.  New  York's alcoholic beverage control law was enacted in
    50  1934. Since that time, the law has grown organically to meet the  chang-
    51  ing needs of the industry.  However, through that growth over the course
    52  of  nearly  a  century, the structure of the law has become unwieldy and

        S. 4005                            28                            A. 3005

     1  inconsistent.  Consequently, it is difficult for the industry and  regu-
     2  lators to understand, implement, enforce, and comply with the law.
     3    The  State  believes that with an open, transparent legislative review
     4  process, the alcoholic beverage control law can be  properly  rewritten.
     5  To  begin  the  process  of  modernizing  the state's alcoholic beverage
     6  control laws, the New York State  Liquor  Authority  ("SLA")  is  hereby
     7  directed to undertake a review of those laws and recommend changes. Such
     8  recommended  changes  shall  focus on clearly and rationally delineating
     9  policies, procedures, criteria, and legal standards that are in  current
    10  law  but  not  in an intelligible form. The SLA shall prepare an amended
    11  version of the law containing the proposed changes and post it on  their
    12  website for public review.
    13    § 2. This act shall take effect immediately.

    14                                   PART L

    15    Section  1.  The alcoholic beverage control law is amended by adding a
    16  new section 97-d to read as follows:
    17    § 97-d. Temporary wholesale permit. 1. Any person  may  apply  to  the
    18  liquor  authority for a temporary permit to operate any alcoholic bever-
    19  age wholesale business as may  be  licensed  under  this  chapter.  Such
    20  application  shall be in writing and verified and shall contain informa-
    21  tion as the liquor authority shall require. Such  application  shall  be
    22  accompanied by a check or draft in the amount of one hundred twenty-five
    23  dollars for such permit.
    24    2.  Upon  application,  the  liquor authority may issue such temporary
    25  permit when:
    26    (a) the applicant has a wholesale  license  application  at  the  same
    27  premises pending before the liquor authority, together with all required
    28  filing and license fees;
    29    (b)  the  applicant has obtained and provided evidence of all permits,
    30  licenses and other documents necessary for the operation of such a busi-
    31  ness; and
    32    (c) any current license in effect at the premises that may  not  under
    33  law  operate concurrently has been surrendered or placed in safekeeping,
    34  or has been deemed abandoned by the authority.
    35    3. The liquor authority in granting such permit shall ensure that:
    36    (a) issuance of the permit will not inordinately hinder the  operation
    37  or effective administration of this chapter;
    38    (b) the applicant would in all likelihood be able to ultimately obtain
    39  the manufacturing license being applied for; and
    40    (c)  the  applicant  has  substantially complied with the requirements
    41  necessary to obtain such license.
    42    4. The application for a permit shall be approved  or  denied  by  the
    43  liquor authority within forty-five days after the receipt of such appli-
    44  cation.
    45    5. A temporary permit shall authorize the permittee to operate a manu-
    46  facturing  facility  for the manufacture and sale of alcoholic beverages
    47  according to the laws applicable to the type  of  manufacturing  license
    48  being applied for.
    49    6.  Such  temporary  permit  shall  remain in effect for six months or
    50  until the wholesale license  being  applied  for  is  approved  and  the
    51  license  granted,  whichever  is shorter. Such permit may be extended at
    52  the discretion of the liquor authority for additional three-month  peri-
    53  ods  of time upon payment of an additional fee of fifty dollars for each
    54  such extension.

        S. 4005                            29                            A. 3005

     1    7. Notwithstanding any provision of law to the contrary,  a  temporary
     2  permit may be summarily cancelled or suspended at any time if the liquor
     3  authority  determines  that  good  cause  for cancellation or suspension
     4  exists. The liquor authority shall  promptly  notify  the  permittee  in
     5  writing  of  such  cancellation  or  suspension  and shall set forth the
     6  reasons for such action.
     7    8. The liquor authority in reviewing such application shall review the
     8  entire record and grant the temporary permit unless good cause is other-
     9  wise shown. A decision on an application shall be based  on  substantial
    10  evidence  in the record and supported by a preponderance of the evidence
    11  in favor of the applicant.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become law.

    14                                   PART M

    15    Section  1.  The opening paragraph of subdivision 2 of section 99-d of
    16  the alcoholic beverage control law, as amended by  chapter  560  of  the
    17  laws of 2011, is amended to read as follows:
    18    Before any change in the members of a limited liability company or the
    19  transfer  or  assignment of a membership interest in a limited liability
    20  company or any corporate change in stockholders, stockholdings, alcohol-
    21  ic beverage officers, officers or directors, except officers and  direc-
    22  tors  of  a  premises  licensed  as a club or a luncheon club under this
    23  chapter can be effectuated for the purposes of this chapter, there shall
    24  be filed with the liquor authority an application for permission to make
    25  such change and there shall be paid to the liquor authority  in  advance
    26  upon  filing  of  the  application  a  fee  of  one hundred twenty-eight
    27  dollars. If the authority does not act within ninety days of receipt  of
    28  such application, the change shall be deemed approved.  Provided, howev-
    29  er,  any  change which is in violation of any provision of this chapter,
    30  including but not limited to those in  sections  one  hundred  one,  one
    31  hundred  twenty-six,  and  one hundred twenty-eight of this chapter, may
    32  not be approved or deemed approved.
    33    § 2. This act shall take effect immediately.

    34                                   PART N

    35    Section 1. The opening paragraph of subdivision 1 of section 110-b  of
    36  the  alcoholic  beverage  control  law, as amended by chapter 222 of the
    37  laws of 2019, is amended to read as follows:
    38    Not [less than thirty nor] more than two hundred  [and]  seventy  days
    39  before  filing  any  of  the following applications provided for in this
    40  subdivision, an applicant shall notify the  municipality  in  which  the
    41  premises  is located of such applicant's intent to file such an applica-
    42  tion.  The proof of notification, provided for in subdivisions  six  and
    43  six-a  of  this  section,  must  be provided at the time of application;
    44  failure to so provide shall constitute  good  cause  for  denial.    The
    45  authority may not act to approve any application subject to this section
    46  prior  to  the  passage  of  thirty  days from the date notification was
    47  provided  to  the  municipality.  This  section  shall   apply   to   an
    48  application:
    49    § 2. This act shall take effect immediately.

    50                                   PART O

        S. 4005                            30                            A. 3005

     1    Section  1.  Subdivision  3  of section 97-a of the alcoholic beverage
     2  control law, as amended by chapter 106 of the laws of 2022,  is  amended
     3  to read as follows:
     4    3. A temporary retail permit under paragraph (b) of subdivision one of
     5  this  section  may not be issued for any premises that is subject to the
     6  provisions of section sixty-three or seventy-nine  of  this  chapter;  a
     7  temporary  retail  permit under paragraph (b) of subdivision one of this
     8  section shall not be issued for a premises subject to the provisions  of
     9  paragraph  (b)  of subdivision seven of section sixty-four, subparagraph
    10  (ii) of paragraph (a) of  subdivision  seven  of  section  sixty-four-a,
    11  subparagraph  (ii)  of  paragraph  (a)  of subdivision eleven of section
    12  sixty-four-c, or paragraph (b) of subdivision eight  of  section  sixty-
    13  four-d,  unless  and  until  a recommendation that there be a finding of
    14  public interest has been made by an administrative law judge pursuant to
    15  paragraph (f) of subdivision seven of section sixty-four, paragraph  (d)
    16  of  subdivision seven of section sixty-four-a, paragraph (c) of subdivi-
    17  sion five of section sixty-four-b, paragraph (c) of  subdivision  eleven
    18  of  section  sixty-four-c,  or  paragraph  (e)  of  subdivision eight of
    19  section sixty-four-d of this chapter.  Provided  however,  any  premises
    20  granted a temporary retail permit pursuant to this subdivision in a city
    21  with a population of one million or more people shall only be allowed to
    22  operate  on  the premises under the following conditions: [an active] no
    23  retail license [shall have existed] at the applied for location  [within
    24  the  past  two  years, and such license] shall [not] have been canceled,
    25  suspended, or revoked by the authority within the past  two  years;  the
    26  closing  time  any  day  of  the  week  shall be no later than midnight;
    27  provided however that the closing time of any outdoor space shall be  no
    28  later  than ten o'clock post-meridian Sunday through Thursday and eleven
    29  o'clock post-meridian Friday and Saturday;  no  outdoor  music;  indoors
    30  shall  have  recorded  background  music only, with no live music, DJ's,
    31  karaoke, or similar forms of music; and no dancing. The authority  shall
    32  automatically  lift  such  restrictions if the authority issues a retail
    33  license for the premises,  and  replace  such  restrictions  with  other
    34  restrictions,  if  any,  imposed by the authority in accordance with the
    35  public interest standard.
    36    § 2. Subdivision 4 of section 97-a of the alcoholic  beverage  control
    37  law,  as added by chapter 396 of the laws of 2010, is amended to read as
    38  follows:
    39    4.  A temporary retail permit issued by the authority pursuant to this
    40  section shall be for a period not to exceed  ninety  days.  A  temporary
    41  permit  may be extended at the discretion of the authority, for an addi-
    42  tional [thirty] ninety day period upon payment of an additional  fee  of
    43  sixty-four  dollars  for all retail beer licenses and ninety-six dollars
    44  for all other temporary permits and upon compliance with all  conditions
    45  required  in  this  section. The authority may, in its discretion, issue
    46  additional [thirty] ninety day extensions upon payment of the  appropri-
    47  ate fee.
    48    §  3.  Subdivision 6 of section 97-a of the alcoholic beverage control
    49  law, as added by chapter 396 of the laws of 2010, is amended to read  as
    50  follows:
    51    6.  The  holder of a temporary retail permit shall [purchase alcoholic
    52  beverages only by payment in currency or check for such alcoholic bever-
    53  ages on or before  the  day  such  alcoholic  beverages  are  delivered,
    54  provided, however, that the holder of a temporary permit issued pursuant
    55  to  this section who also holds one or more retail licenses and is oper-
    56  ating under such retail license or licenses in addition to the temporary

        S. 4005                            31                            A. 3005

     1  retail permit, and who is not delinquent under the provisions of section
     2  one hundred one-aa of this chapter as to any retail license under  which
     3  he operates, may purchase alcoholic beverages on credit under the tempo-
     4  rary  permit]  be subject to sections one hundred one-aa and one hundred
     5  one-aaa of this chapter.
     6    § 4.  Section 5 of chapter 396 of the laws of 2010 amending the  alco-
     7  holic  beverage  control law relating to liquidator's permits and tempo-
     8  rary retail permits, as amended by section 1 of part M of chapter 55  of
     9  the laws of 2022, is amended to read as follows:
    10    §  5.  This  act  shall take effect on the sixtieth day after it shall
    11  have become a law[, provided that paragraph  (b)  of  subdivision  1  of
    12  section  97-a  of the alcoholic beverage control law as added by section
    13  two of this act shall expire and be deemed repealed October 12, 2023].
    14    § 5. This act shall take effect immediately; provided,  however,  that
    15  section  two of this act shall take effect on the ninetieth day after it
    16  shall have become a law.

    17                                   PART P

    18    Section 1. Section 722-b of the county law, as amended by section 2 of
    19  part J of chapter 62 of the laws of 2003, is amended to read as follows:
    20    § 722-b. Compensation and reimbursement  for  representation.  1.  All
    21  counsel assigned in accordance with a plan of a bar association conform-
    22  ing  to  the  requirements  of  section seven hundred twenty-two of this
    23  article whereby the services of private counsel are rotated and  coordi-
    24  nated  by an administrator shall at the conclusion of the representation
    25  receive:
    26    (a) for representation of a person [entitled to representation by  law
    27  who  is  initially  charged  with a misdemeanor or lesser offense and no
    28  felony, compensation for such misdemeanor or  lesser  offense  represen-
    29  tation at a rate of sixty dollars per hour for time expended in court or
    30  before  a magistrate, judge or justice, and sixty] in all cases governed
    31  by this article, and arising in New York  county,  Kings  county,  Bronx
    32  county,  Richmond  county, Queens county, Suffolk county, Nassau county,
    33  Westchester county,  Rockland  county,  Putnam  county,  Orange  county,
    34  Dutchess  county,  Ulster  county,  and  Sullivan  county, including all
    35  representation in an appellate court, compensation  at  a  rate  of  one
    36  hundred fifty-eight dollars per hour for time expended in court before a
    37  magistrate,  judge  or  justice  and one hundred fifty-eight dollars per
    38  hour for time reasonably  expended  out  of  court,  and  shall  receive
    39  reimbursement for expenses reasonably incurred; and
    40    (b)  for  representation  of a person in all [other] cases governed by
    41  this article, arising in all remaining New York state counties,  includ-
    42  ing  all representation in an appellate court, compensation at a rate of
    43  [seventy-five] one hundred nineteen dollars per hour for  time  expended
    44  in  court  before  a magistrate, judge or justice and [seventy-five] one
    45  hundred nineteen dollars per hour for time reasonably  expended  out  of
    46  court, and shall receive reimbursement for expenses reasonably incurred.
    47    2. [Except as provided in this section, compensation for time expended
    48  in providing representation:
    49    (a) pursuant to paragraph (a) of subdivision one of this section shall
    50  not exceed two thousand four hundred dollars; and
    51    (b) pursuant to paragraph (b) of subdivision one of this section shall
    52  not exceed four thousand four hundred dollars.
    53    3.  For  representation  on  an appeal, compensation and reimbursement
    54  shall be fixed by the appellate court.  For  all  other  representation,

        S. 4005                            32                            A. 3005

     1  compensation  and reimbursement shall be fixed by the trial court judge.
     2  In extraordinary circumstances a trial or appellate  court  may  provide
     3  for  compensation  in  excess of the foregoing limits and for payment of
     4  compensation and reimbursement for expenses before the completion of the
     5  representation.
     6    4.] Except as provided in this section, compensation for time expended
     7  in providing representation pursuant to paragraph (a) of subdivision one
     8  of  this section shall not exceed ten thousand dollars; and (b) pursuant
     9  to paragraph (b) of subdivision one of this  section  shall  not  exceed
    10  seven thousand dollars.
    11    3. Each claim for compensation and reimbursement shall be supported by
    12  a  sworn  statement  specifying  the  time  expended, services rendered,
    13  expenses incurred and  reimbursement  or  compensation  applied  for  or
    14  received  in  the  same  case from any other source. No counsel assigned
    15  hereunder shall seek or accept any fee for representing  the  party  for
    16  whom  he  or  she  is  assigned  without approval of the court as herein
    17  provided.
    18    § 2. Subdivision 3 of section 35 of the judiciary law, as  amended  by
    19  section  5  of  part J of chapter 62 of the laws of  2003, is amended to
    20  read as follows:
    21    3. (a) No counsel assigned pursuant to  this  section  shall  seek  or
    22  accept  any  fee  for  representing  the  person  for  whom he or she is
    23  assigned without approval of the court as herein provided.  Whenever  it
    24  appears  that  such person is financially able to obtain counsel or make
    25  partial payment for the representation, counsel may report this fact  to
    26  the  court  and  the  court  may  terminate  the assignment or authorize
    27  payment, as the interests of justice may dictate, to such counsel. Coun-
    28  sel assigned hereunder shall at the  conclusion  of  the  representation
    29  receive  compensation  at  a  rate  of [seventy-five]:   (i) one hundred
    30  fifty-eight dollars per hour for time expended in court[,  and  seventy-
    31  five  dollars per hour for time reasonably expended out of court] in the
    32  following counties: New York, Kings, Bronx, Richmond,  Queens,  Suffolk,
    33  Nassau,  Westchester,  Rockland,  Putnam,  Orange, Dutchess, Ulster, and
    34  Sullivan; and (ii) one  hundred  nineteen  dollars  per  hour  for  time
    35  expended  in  court  in  all  other  New  York state counties, and shall
    36  receive reimbursement for expenses reasonably incurred.
    37    (b) For representation upon a hearing, compensation and  reimbursement
    38  shall  be  fixed  by  the  court  wherein  the hearing was held and such
    39  compensation shall not exceed [four thousand four hundred  dollars.  For
    40  representation  in  an  appellate  court, compensation and reimbursement
    41  shall be fixed by such court and such compensation shall not exceed four
    42  thousand four hundred dollars] ten thousand dollars for time expended in
    43  providing representation pursuant to subparagraph (i) of paragraph   (a)
    44  of  this  subdivision;  and seven thousand dollars for  time expended in
    45  providing representation pursuant to subparagraph (ii) of paragraph  (a)
    46  of  this  subdivision.  In  extraordinary  circumstances  the  court may
    47  provide for compensation in excess of the foregoing limits.
    48    § 3. This act shall take effect April 1, 2023. Effective  immediately,
    49  the  addition, amendment, and/or repeal of any rule or regulation neces-
    50  sary for the implementation of  this  act  on  its  effective  date  are
    51  authorized to be made and completed on or before such effective date.

    52                                   PART Q

    53    Section  1.  Section 2 of chapter 303 of the laws of 1988, relating to
    54  the extension of the state commission on the restoration of the capitol,

        S. 4005                            33                            A. 3005

     1  as amended by section 1 of part T of chapter 55 of the laws of 2018,  is
     2  amended to read as follows:
     3    §  2. The temporary state commission on the restoration of the capitol
     4  is hereby renamed as the state commission  on  the  restoration  of  the
     5  capitol (hereinafter to be referred to as the "commission") and is here-
     6  by  continued  until April 1, [2023] 2028.  The commission shall consist
     7  of eleven members to be appointed as  follows:  five  members  shall  be
     8  appointed  by the governor; two members shall be appointed by the tempo-
     9  rary president of the senate; two members  shall  be  appointed  by  the
    10  speaker  of  the assembly; one member shall be appointed by the minority
    11  leader of the senate; one member shall  be  appointed  by  the  minority
    12  leader  of  the  assembly,  together  with  the  commissioner of general
    13  services and the commissioner of parks, recreation and historic  preser-
    14  vation.  The  term  for  each  elected  member shall be for three years,
    15  except that of the first five members appointed  by  the  governor,  one
    16  shall  be for a one year term, and two shall be for a two year term, and
    17  one of the first appointments by the president of the senate and by  the
    18  speaker  of  the assembly shall be for a two year term. Any vacancy that
    19  occurs in the commission shall be filled in the same manner in which the
    20  original appointment was made. The commission shall elect a chairman and
    21  a vice-chairman from among its  members.    The  members  of  the  state
    22  commission  on  the  restoration  of  the  capitol shall be deemed to be
    23  members of the commission until  their  successors  are  appointed.  The
    24  members  of  the  commission  shall  receive  no  compensation for their
    25  services, but shall be reimbursed for their expenses actually and neces-
    26  sarily incurred by them in the performance of their duties hereunder.
    27    § 2. Section 9 of chapter 303 of the laws of  1988,  relating  to  the
    28  extension  of the state commission on the restoration of the capitol, as
    29  amended  by  section 2 of part T of chapter 55 of the laws  of  2018, is
    30  amended to read as follows:
    31    § 9. This act shall take effect immediately, and shall remain in  full
    32  force and effect until April 1, [2023] 2028.
    33    §  3. This act shall take effect immediately and  shall  be  deemed to
    34  have been in full force and effect on and after April 1, 2023;  provided
    35  that the amendments to section 2 of chapter 303 of the laws of 1988 made
    36  by section one of this act shall not affect the expiration of such chap-
    37  ter, and shall be deemed to expire therewith.

    38                                   PART R

    39    Section  1.  Subdivision 7 of section 163 of the state finance law, as
    40  amended by section 2 of subpart A of part KK of chapter 57 of  the  laws
    41  of 2018, is amended to read as follows:
    42    7. Method of procurement. Consistent with the requirements of subdivi-
    43  sions  three and four of this section, state agencies shall select among
    44  permissible methods of procurement including, but  not  limited  to,  an
    45  invitation for bid, request for proposals or other means of solicitation
    46  pursuant  to  guidelines  issued by the state procurement council. State
    47  agencies may [accept] require electronic submission as the  sole  method
    48  for  the  submission of bids [electronically] for commodity, service and
    49  technology contracts, including submission of the statement of  non-col-
    50  lusion  required  by  section one hundred thirty-nine-d of this chapter,
    51  and the statement of certification required by section one hundred thir-
    52  ty-nine-l of this chapter[,] and[, starting April  first,  two  thousand
    53  twelve,  and ending March thirty-first, two thousand fifteen,] may[, for
    54  commodity, service and technology] require electronic signatures on  all

        S. 4005                            34                            A. 3005

     1  documents  required  for  submission  of  a bid, any resulting contracts
     2  [require electronic submission as the sole method for the submission  of
     3  bids  for the solicitation], and required submissions during the term of
     4  any  contract.  [State agencies shall undertake no more than eighty-five
     5  such electronic bid  solicitations,  none  of  which  shall  be  reverse
     6  auctions, prior to April first, two thousand fifteen. In addition, state
     7  agencies  may  conduct  up to twenty reverse auctions through electronic
     8  means, prior to April first, two thousand fifteen.] Prior  to  requiring
     9  the  electronic  submission  of  bids,  the agency shall make a determi-
    10  nation, which shall be documented in the procurement record, that  elec-
    11  tronic  submission  affords a fair and equal opportunity for offerers to
    12  submit responsive offers, and that  the  electronic  signature  complies
    13  with  the  provisions  of  article  three  of  the state technology law.
    14  [Within thirty days of the completion of the eighty-fifth electronic bid
    15  solicitation, or by April first,  two  thousand  fifteen,  whichever  is
    16  earlier,  the  commissioner  shall prepare a report assessing the use of
    17  electronic submissions and make recommendations regarding future use  of
    18  this  procurement  method.  In  addition,  within  thirty  days  of  the
    19  completion of the twentieth reverse auction through electronic means, or
    20  by April first, two thousand fifteen, whichever is earlier, the  commis-
    21  sioner  shall  prepare  a  report  assessing the use of reverse auctions
    22  through electronic means and make recommendations regarding  future  use
    23  of  this  procurement  method.  Such  reports  shall be published on the
    24  website of the office  of  general  services.]  Except  where  otherwise
    25  provided  by  law, procurements shall be competitive, and state agencies
    26  shall conduct formal competitive  procurements  to  the  maximum  extent
    27  practicable.  State  agencies  shall  document  the determination of the
    28  method of procurement and the basis of award in the procurement  record.
    29  Where  the  basis  for  award  is the best value offer, the state agency
    30  shall document, in the procurement record and in advance of the  initial
    31  receipt  of  offers, the determination of the evaluation criteria, which
    32  whenever possible, shall be quantifiable, and the process to be used  in
    33  the  determination  of best value and the manner in which the evaluation
    34  process and selection shall be conducted.
    35    § 2. Subdivision 7-a of section  163  of  the  state  finance  law  is
    36  REPEALED.
    37    §  3.  This act shall take effect immediately; provided, however, that
    38  the amendments to section 163 of the state finance law made  by  section
    39  one of this act shall not affect the repeal of such section and shall be
    40  deemed repealed therewith.

    41                                   PART S

    42    Section  1.   Section 57 of the civil service law, as added by chapter
    43  83 of the laws of 1963, is amended to read as follows:
    44    § 57. Continuous recruitment for certain positions.    Notwithstanding
    45  any other provisions of this chapter or any other law, the civil service
    46  department or a municipal commission may establish a continuing eligible
    47  list  for  any class of positions for which it finds [inadequate numbers
    48  of well qualified persons available for recruitment] such  lists  appro-
    49  priate.    The  civil  service  department may only establish continuing
    50  eligible lists for any class of positions filled  through  open  compet-
    51  itive  examination.  Names  of  eligibles shall be inserted in such list
    52  from time to time as applicants are tested and found qualified in  exam-
    53  inations  held  at  such  intervals  as  may  be prescribed by the civil
    54  service department or municipal  commission  having  jurisdiction.  Such

        S. 4005                            35                            A. 3005

     1  successive examinations shall, so far as practicable, be constructed and
     2  rated  so  as  to be equivalent tests of the merit and fitness of candi-
     3  dates. The name of any candidate who passes any such examination and who
     4  is  otherwise  qualified shall be placed on the continuing eligible list
     5  in the rank corresponding to his or her final rating  on  such  examina-
     6  tion.  The  period  of  eligibility of successful candidates for certif-
     7  ication and appointment from such continuing eligible list, as a  result
     8  of  any such examination, shall be fixed by the civil service department
     9  or municipal commission but, except as a list  may  reach  an  announced
    10  terminal  date,  such  period shall not be less than one year; nor shall
    11  such period of eligibility exceed four years. Subject to such conditions
    12  and limitations as the civil service department or municipal  commission
    13  may  prescribe,  a  candidate  may  take more than one such examination;
    14  provided, however, that no such candidate shall be certified  simultane-
    15  ously  with  more  than  one  rank on the continuing eligible list. With
    16  respect to any candidate who applies for and is granted additional cred-
    17  it in any such examination as a disabled or  non-disabled  veteran,  and
    18  for the limited purpose of granting such additional credit, the eligible
    19  list  shall  be deemed to be established on the date on which his or her
    20  name is added thereto.
    21    § 2. This act shall take effect immediately.

    22                                   PART T

    23    Section 1. Subdivision 1 of section 55-b of the civil service law,  as
    24  amended  by  chapter  603  of  the  laws  of 1995, is amended to read as
    25  follows:
    26    1. The commission may determine up to [twelve] seventeen hundred posi-
    27  tions with duties such as can be performed by persons with a physical or
    28  mental disability who are found otherwise qualified to perform satisfac-
    29  torily the duties of any such position. Upon such determination the said
    30  positions shall be classified in the noncompetitive class,  and  may  be
    31  filled  only  by  persons  who shall have been certified by the employee
    32  health service of the department as being a person with either  a  phys-
    33  ical  or mental disability.  The number of persons appointed pursuant to
    34  this section shall not exceed [twelve] seventeen hundred.
    35    § 2. Section 55-b of the civil service law is amended by adding a  new
    36  subdivision 3 to read as follows:
    37    3.  Those  employees hired under subdivision one of this section shall
    38  be afforded the opportunity to transfer into competitive class positions
    39  so long as they meet the requirements for transfer pursuant  to  section
    40  fifty-two of this title and section seventy of this chapter.
    41    §  3. Section 55-c of the civil service law, as amended by chapter 603
    42  of the laws of 1995, is amended by adding a new subdivision 4 to read as
    43  follows:
    44    4. Those employees hired under subdivision one of this  section  shall
    45  be afforded the opportunity to transfer into competitive class positions
    46  so  long  as they meet the requirements for transfer pursuant to section
    47  fifty-two of this title and section seventy of this chapter.
    48    § 4. This act shall take effect immediately.

    49                                   PART U

    50    Section 1.  Subdivision (a) of section 5004 of the civil practice  law
    51  and  rules, as amended by chapter 831 of the laws of 2021, is amended to
    52  read as follows:

        S. 4005                            36                            A. 3005

     1    (a) [Interest shall be at the rate  of  nine  per  centum  per  annum,
     2  except  where  otherwise  provided by statute; provided] Notwithstanding
     3  any other provision of law or regulation to the contrary, including  any
     4  law  or regulation that limits the annual rate of interest to be paid on
     5  a judgment or accrued claim, the annual rate of interest to be paid on a
     6  judgment  or  accrued  claim  shall be calculated at the one-year United
     7  States treasury bill rate. For purposes of this section,  the  "one-year
     8  United  States  treasury  bill  rate"  means the weekly average one-year
     9  constant maturity treasury yield, as published by the board of governors
    10  of the federal reserve system, for the calendar week preceding the  date
    11  of  the  entry  of the judgment awarding damages; provided however, that
    12  this section shall not apply to any  provision  of  the  tax  law  which
    13  provides  for  the  annual  rate of interest to be paid on a judgment or
    14  accrued claim. Provided, however, the annual rate of interest to be paid
    15  in an action arising out of a consumer debt where a natural person is  a
    16  defendant shall be two per centum per annum (i) on a judgment or accrued
    17  claim  for  judgments  entered  on  or after the effective date of [the]
    18  chapter eight hundred thirty-one of the laws of two thousand  twenty-one
    19  [which  amended  this  section],  and  (ii) for interest upon a judgment
    20  pursuant to section five thousand three of this article from the date of
    21  the entry of judgment on any part  of  a  judgment  entered  before  the
    22  effective  date of [the] chapter eight hundred thirty-one of the laws of
    23  two thousand twenty-one [which amended this section] that is  unpaid  as
    24  of such effective date.
    25    § 2. Section 16 of the state finance law, as amended by chapter 681 of
    26  the laws of 1982, is amended to read as follows:
    27    §  16.  Rate  of  interest on judgments and accrued claims against the
    28  state.  The rate of interest to be paid by the state upon  any  judgment
    29  or accrued claim against the state shall [not exceed nine per centum per
    30  annum]  be  calculated at the one-year United States treasury bill rate.
    31  For the purposes of this section, the "one-year United  States  treasury
    32  bill  rate" means the weekly average one-year constant maturity treasury
    33  yield, as published by the board of governors  of  the  federal  reserve
    34  system,  for  the  calendar  week preceding the date of the entry of the
    35  judgment awarding damages. Provided however, that this section shall not
    36  apply to any provision of the tax law which provides for the annual rate
    37  of interest to be paid on a judgment or accrued claim.
    38    § 3. This act shall take effect immediately, and shall  be  deemed  to
    39  have been in full force and effect on and after April 1, 2023.

    40                                   PART V

    41    Section  1.    Section 2 of part HH of chapter 56 of the laws of 2022,
    42  amending the retirement and social  security  law  relating  to  waiving
    43  approval and income limitations on retirees employed in school districts
    44  and  board  of  cooperative  educational services, is amended to read as
    45  follows:
    46    § 2. This act shall take effect immediately and shall  expire  and  be
    47  deemed repealed June 30, [2023] 2024.
    48    § 2. This act shall take effect immediately.

    49                                   PART W

    50    Section  1. Paragraphs 2 and 3 of subdivision e of section 19-a of the
    51  retirement and social security law, as amended by chapter 48 of the laws
    52  of 2017, are amended to read as follows:

        S. 4005                            37                            A. 3005

     1    (2) For any given fiscal year  for  which  (i)  the  system  actuarial
     2  contribution rate exceeds nine and one-half percent of payroll as of the
     3  end of the previous fiscal year, and (ii) an employer's average actuari-
     4  al contribution rate exceeds the [system] employer's graded contribution
     5  rate  or  the  alternative [system] employer's graded contribution rate,
     6  the balance in the employer's account within such fund shall be  applied
     7  to  reduce  the  employer's  payment  to  the retirement system for such
     8  fiscal year in an amount  not  to  exceed  the  difference  between  the
     9  employer's actuarial contribution and the employer's graded contribution
    10  for the fiscal year.
    11    (3)  Notwithstanding  the provisions of paragraph two of this subdivi-
    12  sion, if at the close of any given fiscal year the balance of an employ-
    13  er's account within the  fund  exceeds  [one  hundred  percent  of]  the
    14  employer's  [payroll]  actuarial  contribution  for  the previous fiscal
    15  year, [the excess shall be applied to reduce the employer's  payment  to
    16  the  retirement  system  for  the next succeeding fiscal year] no graded
    17  payment shall be required or allowed.
    18    § 2. Section 19-a of the retirement and social security law is amended
    19  by adding a new subdivision f to read as follows:
    20    f. (1) An amortizing employer may elect to terminate participation  in
    21  the contribution stabilization program provided that such employer shall
    22  have  paid  in  full  all such prior year amortization amounts including
    23  interest as determined by the comptroller. Furthermore,  any  amortizing
    24  employer  that has terminated participation in the contribution stabili-
    25  zation program may re-enter the program in a year in which the  employer
    26  is eligible to amortize and their employer contribution reserve fund has
    27  been depleted.
    28    (2)  An alternative amortizing employer may elect to terminate partic-
    29  ipation in the alternative contribution stabilization  program  provided
    30  that  such  employer shall have paid in full all such prior year amorti-
    31  zation amounts including interest  as  determined  by  the  comptroller.
    32  Furthermore,  any  alternative  amortizing  employer that has terminated
    33  participation in the alternative contribution stabilization program  may
    34  not   re-enter   the  alternative  contribution  stabilization  program;
    35  provided, however, such employer  may  enter  the  regular  contribution
    36  stabilization program as set forth in paragraph one of this subdivision.
    37    (3) In order to terminate participation in the contribution stabiliza-
    38  tion  or  alternative  contribution stabilization program, such employer
    39  must file an election on a form prescribed by  the  comptroller.    Such
    40  election is subject to review and approval by the comptroller.
    41    (4)  Termination  shall  take effect for the fiscal year billing cycle
    42  following the fiscal year of approval. An employer who has been approved
    43  to terminate from the contribution stabilization or alternative contrib-
    44  ution stabilization program  pursuant  to  this  section  shall  not  be
    45  required  to make a graded payment starting in the following fiscal year
    46  billing cycle.
    47    (5) In the event an employer in the contribution stabilization program
    48  or alternative contribution  stabilization  program  terminates  partic-
    49  ipation  pursuant  to  this  section, any such balance in their employer
    50  contribution reserve fund shall be applied to the employer's annual bill
    51  in the maximum amount permitted under paragraph two of subdivision e  of
    52  this  section,  for the following fiscal year and continue to be applied
    53  to future annual bills until the reserve fund is depleted.
    54    § 3. Paragraphs 2 and 3 of subdivision  e  of  section  319-a  of  the
    55  retirement and social security law, as amended by chapter 48 of the laws
    56  of 2017, are amended to read as follows:

        S. 4005                            38                            A. 3005

     1    (2)  For  any  given  fiscal  year  for which (i) the system actuarial
     2  contribution rate exceeds seventeen and one-half percent of  payroll  as
     3  of the end of the previous fiscal year, and (ii) for which an employer's
     4  average  actuarial  contribution  rate  exceeds  the  employer's  graded
     5  contribution rate or the alternative [system] employer's graded contrib-
     6  ution rate, the balance in the employer's account within such fund shall
     7  be applied to reduce the employer's payment to the retirement system for
     8  such  fiscal  year in an amount not to exceed the difference between the
     9  employer's actuarial contribution and the employer's graded contribution
    10  for the fiscal year.
    11    (3) Notwithstanding the provisions of paragraph two of  this  subdivi-
    12  sion, if at the close of any given fiscal year the balance of an employ-
    13  er's  account  within  the  fund  exceeds  [one  hundred percent of] the
    14  employer's [payroll] actuarial  contribution  for  the  previous  fiscal
    15  year,  [the  excess shall be applied to reduce the employer's payment to
    16  the retirement system for the next succeeding  fiscal  year]  no  graded
    17  payment shall be required or allowed.
    18    §  4.  Section  319-a  of  the  retirement  and social security law is
    19  amended by adding a new subdivision f to read as follows:
    20    f. (1) An amortizing employer may elect to terminate participation  in
    21  the contribution stabilization program provided that such employer shall
    22  have  paid  in  full  all such prior year amortization amounts including
    23  interest as determined by the comptroller. Furthermore,  any  amortizing
    24  employer  that has terminated participation in the contribution stabili-
    25  zation program may re-enter the program in a year in which the  employer
    26  is eligible to amortize and their employer contribution reserve fund has
    27  been depleted.
    28    (2)  An alternative amortizing employer may elect to terminate partic-
    29  ipation in the alternative contribution stabilization  program  provided
    30  that  such  employer shall have paid in full all such prior year amorti-
    31  zation amounts including interest  as  determined  by  the  comptroller.
    32  Furthermore,  any  alternative  amortizing  employer that has terminated
    33  participation in the alternative contribution stabilization program  may
    34  not   re-enter   the  alternative  contribution  stabilization  program;
    35  provided, however, such employer  may  enter  the  regular  contribution
    36  stabilization program as set forth in paragraph one of this subdivision.
    37    (3) In order to terminate participation in the contribution stabiliza-
    38  tion  or  alternative  contribution stabilization program, such employer
    39  must file an election on a form prescribed by  the  comptroller.    Such
    40  election is subject to review and approval by the comptroller.
    41    (4)  Termination  shall  take effect for the fiscal year billing cycle
    42  following the fiscal year of approval. An employer who has been approved
    43  to terminate from the contribution stabilization or alternative contrib-
    44  ution stabilization program  pursuant  to  this  section  shall  not  be
    45  required  to make a graded payment starting in the following fiscal year
    46  billing cycle.
    47    (5) In the event an employer in the contribution stabilization program
    48  or alternative contribution  stabilization  program  terminates  partic-
    49  ipation  pursuant  to  this  section, any such balance in their employer
    50  contribution reserve fund shall be applied to the employer's annual bill
    51  in the maximum amount permitted under paragraph two of subdivision e  of
    52  this  section,  for the following fiscal year and continue to be applied
    53  to future annual bills until the reserve fund is depleted.
    54    § 5. This act shall take effect immediately, and shall  be  deemed  to
    55  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.

     1                                   PART X

        S. 4005                            40                            A. 3005

     1    Section 1. Subdivision 2 of section 163 of the civil service  law,  as
     2  amended  by  section  4  of part T of chapter 56 of the laws of 2010, is
     3  amended to read as follows:
     4    2.  The  contract  or  contracts shall provide for health benefits for
     5  retired employees of the state and of the state colleges of agriculture,
     6  home economics, industrial labor relations and veterinary medicine,  the
     7  state  agricultural experiment station at Geneva, and any other institu-
     8  tion or agency under the management and control of Cornell university as
     9  the representative of the board of trustees of the state  university  of
    10  New  York,  and  the  state college of ceramics under the management and
    11  control of Alfred university as the representative of the board of trus-
    12  tees of the state university of New York, and their spouses and  depend-
    13  ent  children  as  defined  by the regulations of the president, on such
    14  terms as the president may  deem  appropriate,  and  the  president  may
    15  authorize the inclusion in the plan of the employees and retired employ-
    16  ees   of   public   authorities,  public  benefit  corporations,  school
    17  districts, special districts, district  corporations,  municipal  corpo-
    18  rations  excluding  active  employees  and  retired  employees of cities
    19  having a population of one million or  more  inhabitants  whose  compen-
    20  sation  is  or  was  before retirement paid out of the city treasury, or
    21  other appropriate agencies, subdivisions or  quasi-public  organizations
    22  of  the  state, including active members of volunteer fire and volunteer
    23  ambulance companies serving one or more municipal corporations  pursuant
    24  to  subdivision  seven  of section ninety-two-a of the general municipal
    25  law, and their spouses and dependent children as defined  by  the  regu-
    26  lations  of  the  president.  Any  such corporation, district, agency or
    27  organization electing to participate in the plan shall  be  required  to
    28  pay:  (a)  its  proportionate share of the expenses of administration of
    29  the plan in such amounts and at such times as determined  and  fixed  by
    30  the  president; and (b) at the president's discretion, if such amount is
    31  not paid on the date due, interest for such late payment  as  determined
    32  and  fixed  by  the  president  by regulation, which in no case shall be
    33  greater than the interest incurred by the health  insurance  plan  as  a
    34  result  of  such  late payment. All amounts payable for such expenses of
    35  administration shall be paid to the commissioner of taxation and finance
    36  and shall be applied to the reimbursement of funds  previously  advanced
    37  for  such  purposes.  Neither the state nor any other participant in the
    38  plan shall be charged with the particular experience attributable to the
    39  employees of the participant, and  all  dividends  or  retroactive  rate
    40  credits shall be distributed pro-rata based upon the number of employees
    41  of such participant covered by the plan.
    42    § 2. This act shall take effect immediately.

    43                                   PART Y

    44    Section  1. The opening paragraph and paragraph 1 of subdivision b and
    45  subdivision e of section 208-f of the general municipal law, paragraph 1
    46  of subdivision b and subdivision e as added by chapter 472 of  the  laws
    47  of 1978 and the opening paragraph of subdivision b as amended by chapter
    48  782 of the laws of 2022, are amended and a new subdivision k is added to
    49  read as follows:
    50    The  special  accidental  death  benefit  shall be paid by the county,
    51  city, town or village which employed the deceased member at the time  of
    52  death,  and  shall  consist of a pension which is equal to the salary of
    53  the deceased member, reduced by the sum of each of the  following  bene-
    54  fits  received by the widow or widower or the deceased member's children

        S. 4005                            41                            A. 3005

     1  under the age of eighteen, if the widow or widower has died, or  to  the
     2  deceased  member's parents if the member has no widow, widower, children
     3  under the age of eighteen, or a student under the age  of  twenty-three,
     4  on account of the death of the deceased member:
     5    1.  Any death benefit and any supplementation thereto paid by the said
     6  county, city, town or village in the form of a pension, and
     7    e. There shall be appropriated to the [local assistance fund  in  the]
     8  general fund [to the department of audit and control] an amount equal to
     9  the  special  accidental  death benefits paid pursuant to subdivisions b
    10  and c of this section during each preceding state fiscal year, as certi-
    11  fied to the comptroller by the appropriate municipal official,  for  the
    12  purposes of reimbursing such special accidental death benefits.
    13    The  monies  appropriated [to the department of audit and control] and
    14  made available pursuant to this subdivision shall be  paid  under  rules
    15  and  regulations  adopted by the comptroller and subject to the approval
    16  of the director of the budget upon the audit and warrant  of  the  comp-
    17  troller on vouchers certified or approved as provided by law.
    18    k.  In  the  case  of  a  deceased county member who died prior to the
    19  effective date of this subdivision, the payment of the  benefit  to  the
    20  deceased  member's  beneficiaries  pursuant  to  subdivision  f  of this
    21  section, shall commence on  the  effective  date  of  this  subdivision,
    22  provided,  however  that the benefit amount shall be deemed to have been
    23  subject to annual increases pursuant to subdivision b  of  this  section
    24  and  escalation pursuant to subdivision c of this section, from the date
    25  of such member's death.
    26    § 2. This act shall take effect immediately, and shall  be  deemed  to
    27  have been in full force and effect on and after April 1, 2023.

    28                                   PART Z

    29    Section  1. Paragraph (a) of subdivision 4 of section 94 of the execu-
    30  tive law, as added by section 2 of part QQ of chapter 56 of the laws  of
    31  2022, is amended to read as follows:
    32    (a)  The  first  class of members of the commission shall serve  stag-
    33  gered  terms to ensure continuity. For the first class  of  the  commis-
    34  sion,  [five  members  shall serve a term of four  years,  three members
    35  shall  serve  a  term of two years, and one member shall serve a term of
    36  one year. All subsequent members shall serve a term of four  years]  the
    37  governor's  first  appointee  shall serve an initial term of four years,
    38  their second appointee shall serve an initial term  of  two  years,  and
    39  their  third  appointee  shall  serve  an  initial term of one year; the
    40  attorney general's appointee shall serve an initial term of four  years;
    41  the  comptroller's  appointee shall serve an initial term of four years;
    42  the temporary president of the senate's first appointee shall  serve  an
    43  initial term of four years and their second appointee shall serve a term
    44  of  two years; the minority leader of the senate's first appointee shall
    45  serve an initial term of four years; the speaker of the assembly's first
    46  appointee shall serve initial terms  of  four  years  and  their  second
    47  appointee  shall  serve  a term of two years; and the minority leader of
    48  the assembly's appointee shall serve a term of  four  years.  No  member
    49  shall  be   selected  to  the commission  for more than two full consec-
    50  utive terms, except that a member who has held  the position  by filling
    51  a  vacancy can only be selected to the commission for an additional  two
    52  full consecutive terms.
    53    § 2. This act shall take effect immediately.

        S. 4005                            42                            A. 3005

     1                                   PART AA

     2    Section  1.  Subparagraph  (A)  of  paragraph 7 of subdivision (ee) of
     3  section 1115 of the tax law, as amended  by  section  1  of  item  A  of
     4  subpart  H  of part XXX of chapter 58 of the laws of 2020, is amended to
     5  read as follows:
     6    (A) "Tenant" means a person who, as lessee, enters into a space  lease
     7  with  a  landlord for a term of ten years or more commencing on or after
     8  September first, two thousand five, but not later than, in the case of a
     9  space lease with respect to leased premises located in eligible areas as
    10  defined in clause (i) of subparagraph (D) of this  paragraph,  September
    11  first,  two  thousand  [twenty-three] twenty-eight and, in the case of a
    12  space lease with respect to leased premises located in eligible areas as
    13  defined in clause (ii) of subparagraph (D) of this paragraph  not  later
    14  than September first, two thousand [twenty-five] thirty, of premises for
    15  use  as commercial office space in buildings located or to be located in
    16  the eligible areas. A person who currently occupies premises for use  as
    17  commercial  office  space  under  an existing lease in a building in the
    18  eligible areas shall not be eligible for exemption under  this  subdivi-
    19  sion  unless  such  existing  lease,  in  the case of a space lease with
    20  respect to leased premises located  in  eligible  areas  as  defined  in
    21  clause  (i)  of  subparagraph (D) of this paragraph expires according to
    22  its terms before September first, two  thousand  [twenty-three]  twenty-
    23  eight  or such existing lease, in the case of a space lease with respect
    24  to leased premises located in eligible areas as defined in  clause  (ii)
    25  of  subparagraph  (D)  of  this  paragraph and such person enters into a
    26  space lease, for a term of ten years or  more  commencing  on  or  after
    27  September  first,  two  thousand five, of premises for use as commercial
    28  office space in a building located or to  be  located  in  the  eligible
    29  areas,  provided  that  such space lease with respect to leased premises
    30  located in eligible areas as defined in clause (i) of  subparagraph  (D)
    31  of  this paragraph commences no later than September first, two thousand
    32  [twenty-three] twenty-eight, and provided that  such  space  lease  with
    33  respect  to  leased  premises  located  in  eligible areas as defined in
    34  clause (ii) of subparagraph (D) of this  paragraph  commences  no  later
    35  than  September  first,  two thousand [twenty-five] thirty and provided,
    36  further, that such space lease shall expire no earlier  than  ten  years
    37  after the expiration of the original lease.
    38    § 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
    39  tax  law  relating to exemptions from sales and use taxes, as amended by
    40  section 2 of item A of subpart H of part XXX of chapter 58 of  the  laws
    41  of 2020, is amended to read as follows:
    42    § 2. This act shall take effect September 1, 2005 and shall expire and
    43  be  deemed repealed on December 1, [2026] 2031, and shall apply to sales
    44  made, uses occurring and services rendered on or  after  such  effective
    45  date,  in  accordance  with  the  applicable  transitional provisions of
    46  sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
    47  agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
    48  tax law, as added by section one of this act, shall expire and be deemed
    49  repealed December 1, [2024] 2029.
    50    § 3. Paragraph 1 of subdivision (b) of section  25-s  of  the  general
    51  city  law, as amended by section 3 of item A of subpart H of part XXX of
    52  chapter 58 of the laws of 2020, is amended to read as follows:
    53    (1) non-residential premises that are  wholly  contained  in  property
    54  that  is eligible to obtain benefits under title two-D or two-F of arti-
    55  cle four of the real property tax law, or would be eligible  to  receive

        S. 4005                            43                            A. 3005

     1  benefits  under  such  article  except that such property is exempt from
     2  real property taxation and the requirements of paragraph (b) of subdivi-
     3  sion seven of section four hundred eighty-nine-dddd of such title two-D,
     4  or the requirements of subparagraph (ii) of paragraph (b) of subdivision
     5  five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
     6  whichever is applicable, have not been satisfied, provided that applica-
     7  tion for such benefits was made after May third, nineteen hundred eight-
     8  y-five  and  prior  to   July   first,   two   thousand   [twenty-three]
     9  twenty-eight,  that  construction  or  renovation  of  such premises was
    10  described in such application, that such premises have been substantial-
    11  ly improved by such construction or renovation so  described,  that  the
    12  minimum  required  expenditure  as defined in such title two-D or two-F,
    13  whichever is applicable, has been made, and that such real  property  is
    14  located in an eligible area; or
    15    §  4.  Paragraph  3  of subdivision (b) of section 25-s of the general
    16  city law, as amended by section 4 of item A of subpart H of part XXX  of
    17  chapter 58 of the laws of 2020, is amended to read as follows:
    18    (3) non-residential premises that are wholly contained in real proper-
    19  ty  that  has obtained approval after October thirty-first, two thousand
    20  and prior to July first, two thousand  [twenty-three]  twenty-eight  for
    21  financing  by  an  industrial development agency established pursuant to
    22  article eighteen-A of the general  municipal  law,  provided  that  such
    23  financing  has  been  used  in whole or in part to substantially improve
    24  such premises (by construction or  renovation),  and  that  expenditures
    25  have  been  made for improvements to such real property in excess of ten
    26  per centum of the value at which such real property was assessed for tax
    27  purposes for the tax year in which  such  improvements  commenced,  that
    28  such  expenditures  have  been  made  within thirty-six months after the
    29  earlier of (i) the issuance by such agency of bonds for such  financing,
    30  or  (ii)  the  conveyance  of title to such property to such agency, and
    31  that such real property is located in an eligible area; or
    32    § 5. Paragraph 5 of subdivision (b) of section  25-s  of  the  general
    33  city  law, as amended by section 5 of item A of subpart H of part XXX of
    34  chapter 58 of the laws of 2020, is amended to read as follows:
    35    (5) non-residential premises that are wholly contained in real proper-
    36  ty owned by such city or the New York  state  urban  development  corpo-
    37  ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
    38  accordance with the applicable provisions of the charter of such city or
    39  by the board of directors of such corporation,  and  such  approval  was
    40  obtained  after  October  thirty-first,  two  thousand and prior to July
    41  first, two thousand [twenty-three] twenty-eight, provided, however, that
    42  such premises were constructed or renovated subsequent to such approval,
    43  that expenditures  have  been  made  subsequent  to  such  approval  for
    44  improvements  to  such  real property (by construction or renovation) in
    45  excess of ten per centum of the value at which such  real  property  was
    46  assessed  for  tax  purposes for the tax year in which such improvements
    47  commenced, that such  expenditures  have  been  made  within  thirty-six
    48  months  after the effective date of such lease, and that such real prop-
    49  erty is located in an eligible area; or
    50    § 6. Paragraph 2 of subdivision (c) of section  25-t  of  the  general
    51  city  law, as amended by section 6 of item A of subpart H of part XXX of
    52  chapter 58 of the laws of 2020, is amended to read as follows:
    53    (2) No eligible energy user, qualified eligible energy  user,  on-site
    54  cogenerator,  or clean on-site cogenerator shall receive a rebate pursu-
    55  ant to this article until it  has  obtained  a  certification  from  the
    56  appropriate  city agency in accordance with a local law enacted pursuant

        S. 4005                            44                            A. 3005

     1  to this section. No such certification for a qualified  eligible  energy
     2  user  shall  be issued on or after November first, two thousand. No such
     3  certification of any other eligible energy user, on-site cogenerator, or
     4  clean  on-site  cogenerator  shall be issued on or after July first, two
     5  thousand [twenty-three] twenty-eight.
     6    § 7. Paragraph 1 of subdivision (a) of section 25-aa  of  the  general
     7  city  law, as amended by section 7 of item A of subpart H of part XXX of
     8  chapter 58 of the laws of 2020, is amended to read as follows:
     9    (1) is eligible to obtain benefits under title two-D or two-F of arti-
    10  cle four of the real property tax law, or would be eligible  to  receive
    11  benefits  under such title except that such property is exempt from real
    12  property taxation and the requirements of paragraph (b)  of  subdivision
    13  seven  of  section four hundred eighty-nine-dddd of such title two-D, or
    14  the requirements of subparagraph (ii) of paragraph  (b)  of  subdivision
    15  five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
    16  whichever is applicable, of the real property  tax  law  have  not  been
    17  satisfied,  provided  that  application for such benefits was made after
    18  the thirtieth day of June, nineteen hundred ninety-five and  before  the
    19  first  day  of  July,  two  thousand  [twenty-three]  twenty-eight, that
    20  construction or renovation of such building or structure  was  described
    21  in  such  application, that such building or structure has been substan-
    22  tially improved by such construction or renovation,  and  (i)  that  the
    23  minimum  required expenditure as defined in such title has been made, or
    24  (ii) where there is no  applicable  minimum  required  expenditure,  the
    25  building  was  constructed  within such period or periods of time estab-
    26  lished by title two-D or two-F, whichever is applicable, of article four
    27  of the real property tax law for  construction  of  a  new  building  or
    28  structure; or
    29    §  8.  Paragraphs  2  and 3 of subdivision (a) of section 25-aa of the
    30  general city law, as amended by section 8 of item A of subpart H of part
    31  XXX of chapter 58 of the laws of 2020, are amended to read as follows:
    32    (2) has obtained approval after the thirtieth day  of  June,  nineteen
    33  hundred  ninety-five  and  before  the  first  day of July, two thousand
    34  [twenty-three] twenty-eight, for financing by an industrial  development
    35  agency established pursuant to article eighteen-A of the general munici-
    36  pal  law, provided that such financing has been used in whole or in part
    37  to substantially improve such building or structure by  construction  or
    38  renovation,  that  expenditures  have been made for improvements to such
    39  real property in excess of twenty per centum of the value at which  such
    40  real  property  was  assessed for tax purposes for the tax year in which
    41  such improvements commenced, and that such expenditures have  been  made
    42  within  thirty-six  months after the earlier of (i) the issuance by such
    43  agency of bonds for such financing, or (ii) the conveyance of  title  to
    44  such building or structure to such agency; or
    45    (3)  is  owned  by  the  city  of New York or the New York state urban
    46  development corporation, or a subsidiary corporation  thereof,  a  lease
    47  for  which  was approved in accordance with the applicable provisions of
    48  the charter of such city or by the board of  directors  of  such  corpo-
    49  ration,  as  the  case  may be, and such approval was obtained after the
    50  thirtieth day of June, nineteen hundred ninety-five and before the first
    51  day of July, two thousand  [twenty-three]  twenty-eight,  provided  that
    52  expenditures  have  been  made for improvements to such real property in
    53  excess of twenty per centum of the value at which such real property was
    54  assessed for tax purposes for the tax year in  which  such  improvements
    55  commenced,  and  that such expenditures have been made within thirty-six
    56  months after the effective date of such lease; or

        S. 4005                            45                            A. 3005

     1    § 9. Subdivision (f) of section 25-bb of  the  general  city  law,  as
     2  amended by section 9 of item A of subpart H of part XXX of chapter 58 of
     3  the laws of 2020, is amended to read as follows:
     4    (f) Application and certification. An owner or lessee of a building or
     5  structure  located  in  an  eligible revitalization area, or an agent of
     6  such owner or lessee, may apply to such  department  of  small  business
     7  services  for certification that such building or structure is an eligi-
     8  ble building or targeted  eligible  building  meeting  the  criteria  of
     9  subdivision  (a)  or  (q)  of  section  twenty-five-aa  of this article.
    10  Application for such certification must be filed after the thirtieth day
    11  of June, nineteen hundred ninety-five and before a  building  permit  is
    12  issued  for the construction or renovation required by such subdivisions
    13  and before the first day of July, two  thousand  [twenty-three]  twenty-
    14  eight,  provided  that no certification for a targeted eligible building
    15  shall be issued after October thirty-first, two thousand. Such  applica-
    16  tion shall identify expenditures to be made that will affect eligibility
    17  under such subdivision (a) or (q). Upon completion of such expenditures,
    18  an  applicant  shall  supplement such application to provide information
    19  (i) establishing that the criteria of such subdivision (a) or  (q)  have
    20  been  met;  (ii)  establishing  a  basis  for  determining the amount of
    21  special rebates, including a basis for  an  allocation  of  the  special
    22  rebate  among  eligible  revitalization  area energy users purchasing or
    23  otherwise receiving energy services from an  eligible  redistributor  of
    24  energy  or  a  qualified  eligible  redistributor  of  energy; and (iii)
    25  supporting an allocation of charges for energy services between eligible
    26  charges and other charges. Such department shall certify a  building  or
    27  structure  as  an  eligible building or targeted eligible building after
    28  receipt and review of such information and  upon  a  determination  that
    29  such information establishes that the building or structure qualifies as
    30  an  eligible  building  or  targeted  eligible building. Such department
    31  shall mail such certification or notice thereof to  the  applicant  upon
    32  issuance.  Such certification shall remain in effect provided the eligi-
    33  ble redistributor of energy or qualified eligible redistributor of ener-
    34  gy reports any changes that materially affect the amount of the  special
    35  rebates  to  which it is entitled or the amount of reduction required by
    36  subdivision (c) of this section in an energy services bill of an  eligi-
    37  ble  revitalization  area  energy  user  and otherwise complies with the
    38  requirements of this article. Such department shall notify  the  private
    39  utility  or  public utility service required to make a special rebate to
    40  such redistributor of the amount of such special rebate  established  at
    41  the time of certification and any changes in such amount and any suspen-
    42  sion  or  termination  by  such  department  of certification under this
    43  subdivision. Such department may require some or all of the  information
    44  required  as  part  of  an  application or other report be provided by a
    45  licensed engineer.
    46    § 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
    47  trative code of the city of New York, as amended by section 10 of item A
    48  of subpart H of part XXX of chapter 58 of the laws of 2020,  is  amended
    49  to read as follows:
    50    (1)  Non-residential  premises  that  are wholly contained in property
    51  that is eligible to obtain benefits under part  four  or  part  five  of
    52  subchapter  two of chapter two of title eleven of this code, or would be
    53  eligible to receive benefits under such chapter except that such proper-
    54  ty is exempt from real property taxation and the requirements  of  para-
    55  graph  two  of  subdivision  g  of  section  11-259 of this code, or the
    56  requirements of subparagraph (b) of paragraph two of  subdivision  e  of

        S. 4005                            46                            A. 3005

     1  section  11-270  of  this  code,  whichever is applicable, have not been
     2  satisfied, provided that application for such benefits  was  made  after
     3  May  third,  nineteen  hundred  eighty-five and prior to July first, two
     4  thousand [twenty-three] twenty-eight, that construction or renovation of
     5  such premises was described in such application, that such premises have
     6  been  substantially  improved  by  such  construction  or  renovation so
     7  described, that the minimum required expenditure as defined in such part
     8  four or part five, whichever is applicable, has been made, and that such
     9  real property is located in an eligible area; or
    10    § 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
    11  trative code of the city of New York, as amended by section 11 of item A
    12  of subpart H of part XXX of chapter 58 of the laws of 2020,  is  amended
    13  to read as follows:
    14    (3) non-residential premises that are wholly contained in real proper-
    15  ty  that  has obtained approval after October thirty-first, two thousand
    16  and prior to July first, two thousand  [twenty-three]  twenty-eight  for
    17  financing  by  an  industrial development agency established pursuant to
    18  article eighteen-A of the general  municipal  law,  provided  that  such
    19  financing  has  been  used  in whole or in part to substantially improve
    20  such premises (by construction or  renovation),  and  that  expenditures
    21  have  been  made for improvements to such real property in excess of ten
    22  per centum of the value at which such real property was assessed for tax
    23  purposes for the tax year in which  such  improvements  commenced,  that
    24  such  expenditures  have  been  made  within thirty-six months after the
    25  earlier of (i) the issuance by such agency of bonds for such  financing,
    26  or  (ii)  the  conveyance  of title to such property to such agency, and
    27  that such real property is located in an eligible area; or
    28    § 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
    29  trative code of the city of New York, as amended by section 12 of item A
    30  of subpart H of part XXX of chapter 58 of the laws of 2020,  is  amended
    31  to read as follows:
    32    (5) non-residential premises that are wholly contained in real proper-
    33  ty  owned  by  such  city or the New York state urban development corpo-
    34  ration, or a subsidiary thereof, a  lease  for  which  was  approved  in
    35  accordance with the applicable provisions of the charter of such city or
    36  by  the  board  of  directors of such corporation, and such approval was
    37  obtained after October thirty-first, two  thousand  and  prior  to  July
    38  first, two thousand [twenty-three] twenty-eight, provided, however, that
    39  such premises were constructed or renovated subsequent to such approval,
    40  that  expenditures  have  been  made  subsequent  to  such  approval for
    41  improvements to such real property (by construction  or  renovation)  in
    42  excess  of  ten  per centum of the value at which such real property was
    43  assessed for tax purposes for the tax year in  which  such  improvements
    44  commenced,  that  such  expenditures  have  been  made within thirty-six
    45  months after the effective date of such lease, and that such real  prop-
    46  erty is located in an eligible area; or
    47    § 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
    48  trative code of the city of New York, as amended by section 13 of item A
    49  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
    50  to read as follows:
    51    (1) No eligible energy user, qualified eligible energy  user,  on-site
    52  cogenerator,  clean  on-site cogenerator or special eligible energy user
    53  shall receive a rebate pursuant to this chapter until it has obtained  a
    54  certification  as  an  eligible  energy  user, qualified eligible energy
    55  user, on-site cogenerator, clean on-site cogenerator or special eligible
    56  energy user, respectively,  from  the  commissioner  of  small  business

        S. 4005                            47                            A. 3005

     1  services.  No  such  certification  for a qualified eligible energy user
     2  shall be issued on or after July first,  two  thousand  three.  No  such
     3  certification  of any other eligible energy user, on-site cogenerator or
     4  clean  on-site  cogenerator  shall be issued on or after July first, two
     5  thousand [twenty-three] twenty-eight.  The commissioner of  small  busi-
     6  ness  services,  after  notice  and  hearing, may revoke a certification
     7  issued pursuant to this subdivision where it is found  that  eligibility
     8  criteria  have  not  been  met  or  that  compliance with conditions for
     9  continued eligibility has not been maintained. The  corporation  counsel
    10  may  maintain  a civil action to recover an amount equal to any benefits
    11  improperly obtained.
    12    § 14. Subparagraph (b-2) of paragraph 2 of subdivision  i  of  section
    13  11-704 of the administrative code of the city of New York, as amended by
    14  section  14 of item A of subpart H of part XXX of chapter 58 of the laws
    15  of 2020, is amended to read as follows:
    16    (b-2) The amount of the special reduction allowed by this  subdivision
    17  with  respect  to  a lease other than a sublease commencing between July
    18  first, two thousand five and June thirtieth, two thousand [twenty-three]
    19  twenty-eight with an initial or renewal lease  term  of  at  least  five
    20  years shall be determined as follows:
    21    (i)  For  the  base year the amount of such special reduction shall be
    22  equal to the base rent for the base year.
    23    (ii) For the first, second,  third  and  fourth  twelve-month  periods
    24  following  the  base  year the amount of such special reduction shall be
    25  equal to the lesser of (A) the base  rent  for  each  such  twelve-month
    26  period or (B) the base rent for the base year.
    27    § 15. Subdivision 9 of section 499-aa of the real property tax law, as
    28  amended  by  section 15 of item A of subpart H of part XXX of chapter 58
    29  of the laws of 2020, is amended to read as follows:
    30    9. "Eligibility period." The period commencing April  first,  nineteen
    31  hundred  ninety-five  and  terminating  March thirty-first, two thousand
    32  one, provided, however, that with respect to eligible  premises  defined
    33  in subparagraph (i) of paragraph (b) of subdivision ten of this section,
    34  the  period  commencing  July  first,  two thousand and terminating June
    35  thirtieth,  two  thousand  [twenty-four]  twenty-nine,   and   provided,
    36  further,  however,  that  with  respect  to eligible premises defined in
    37  subparagraph (ii) of paragraph (b) or paragraph (c) of  subdivision  ten
    38  of this section, the period commencing July first, two thousand five and
    39  terminating June thirtieth, two thousand [twenty-four] twenty-nine.
    40    §  16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
    41  499-cc of the real property tax law, as amended by section 16 of item  A
    42  of  subpart  H of part XXX of chapter 58 of the laws of 2020, is amended
    43  to read as follows:
    44    (iii) With respect to the eligible premises  defined  in  subparagraph
    45  (ii)  of  paragraph  (b)  or paragraph (c) of subdivision ten of section
    46  four hundred ninety-nine-aa of this title and for purposes of  determin-
    47  ing  whether  the  amount of expenditures required by subdivision one of
    48  this section have been satisfied, expenditures on  improvements  to  the
    49  common  areas  of an eligible building shall be included only if work on
    50  such improvements commenced and the expenditures are made  on  or  after
    51  July  first,  two  thousand five and on or before December thirty-first,
    52  two thousand [twenty-four] twenty-nine; provided, however, that expendi-
    53  tures on improvements to the common areas of an eligible  building  made
    54  prior  to  three  years  before the lease commencement date shall not be
    55  included.

        S. 4005                            48                            A. 3005

     1    § 17. Subdivisions 5 and 9 of section 499-a of the real  property  tax
     2  law,  as  amended  by  section  17 of item A of subpart H of part XXX of
     3  chapter 58 of the laws of 2020, are amended to read as follows:
     4    5.  "Benefit  period." The period commencing with the first day of the
     5  month immediately following the rent commencement date  and  terminating
     6  no  later  than  sixty  months  thereafter, provided, however, that with
     7  respect to a lease commencing on or after April first, nineteen  hundred
     8  ninety-seven with an initial lease term of less than five years, but not
     9  less  than  three years, the period commencing with the first day of the
    10  month immediately following the rent commencement date  and  terminating
    11  no  later than thirty-six months thereafter. Notwithstanding the forego-
    12  ing sentence, a benefit period shall expire no later than March  thirty-
    13  first, two thousand [thirty] thirty-five.
    14    9.  "Eligibility  period." The period commencing April first, nineteen
    15  hundred ninety-five and terminating  March  thirty-first,  two  thousand
    16  [twenty-four] twenty-nine.
    17    §  18.  Paragraph  (a)  of  subdivision 3 of section 499-c of the real
    18  property tax law, as amended by section 18 of item A  of  subpart  H  of
    19  part  XXX  of  chapter  58  of  the  laws of 2020, is amended to read as
    20  follows:
    21    (a) For purposes of determining whether  the  amount  of  expenditures
    22  required by subdivision one of this section have been satisfied, expend-
    23  itures on improvements to the common areas of an eligible building shall
    24  be included only if work on such improvements commenced and the expendi-
    25  tures are made on or after April first, nineteen hundred ninety-five and
    26  on   or   before   September   thirtieth,   two  thousand  [twenty-four]
    27  twenty-nine; provided, however, that expenditures on improvements to the
    28  common areas of an eligible building made prior to  three  years  before
    29  the lease commencement date shall not be included.
    30    §  19. Subdivision 8 of section 499-d of the real property tax law, as
    31  amended by section 19 of item A of subpart H of part XXX of  chapter  58
    32  of the laws of 2020, is amended to read as follows:
    33    8.  Leases  commencing on or after April first, nineteen hundred nine-
    34  ty-seven shall be subject to the provisions of this title as amended  by
    35  chapter  six hundred twenty-nine of the laws of nineteen hundred ninety-
    36  seven, chapter one hundred eighteen of the laws  of  two  thousand  one,
    37  chapter  four  hundred  forty of the laws of two thousand three, chapter
    38  sixty of the laws of two thousand seven, chapter twenty-two of the  laws
    39  of  two  thousand  ten,  chapter  fifty-nine of the laws of two thousand
    40  fourteen, chapter twenty of the laws of two  thousand  fifteen,  chapter
    41  sixty-one  of  the  laws  of  two  thousand seventeen [and the], chapter
    42  fifty-eight of the laws of two thousand twenty, and the chapter  of  the
    43  laws  of  two  thousand  twenty-three that amended this phrase. Notwith-
    44  standing any other provision of law to the  contrary,  with  respect  to
    45  leases  commencing on or after April first, nineteen hundred ninety-sev-
    46  en, an application for a certificate of abatement  shall  be  considered
    47  timely filed if filed within one hundred eighty days following the lease
    48  commencement  date  or  within sixty days following the date chapter six
    49  hundred twenty-nine of the laws of nineteen hundred ninety-seven  became
    50  a law, whichever is later.
    51    §  20.  Subparagraph  (a)  of  paragraph 2 of subdivision i of section
    52  11-704 of the administrative code of the city of New York, as amended by
    53  section 20 of item A of subpart H of part XXX of chapter 58 of the  laws
    54  of 2020, is amended to read as follows:
    55    (a) An eligible tenant of eligible taxable premises shall be allowed a
    56  special reduction in determining the taxable base rent for such eligible

        S. 4005                            49                            A. 3005

     1  taxable  premises.  Such special reduction shall be allowed with respect
     2  to the rent for such eligible taxable premises for a period not  exceed-
     3  ing  sixty  months  or,  with  respect to a lease commencing on or after
     4  April first, nineteen hundred ninety-seven with an initial lease term of
     5  less  than  five  years, but not less than three years, for a period not
     6  exceeding thirty-six months, commencing on the  rent  commencement  date
     7  applicable to such eligible taxable premises, provided, however, that in
     8  no event shall any special reduction be allowed for any period beginning
     9  after  March  thirty-first,  two  thousand  [thirty]  thirty-five.   For
    10  purposes of applying such special reduction, the base rent for the  base
    11  year  shall,  where  necessary  to  determine  the amount of the special
    12  reduction allowable with respect to any number of months falling  within
    13  a tax period, be prorated by dividing the base rent for the base year by
    14  twelve and multiplying the result by such number of months.
    15    §  21. This act shall take effect immediately, provided, however, that
    16  if this act shall become a law after June 30, 2023, this  act  shall  be
    17  deemed to have been in full force and effect on and after June 30, 2023;
    18  provided  further,  however,  that the amendments to subparagraph (A) of
    19  paragraph 7 of subdivision (ee) of section 1115 of the tax law  made  by
    20  section  one of this act shall not affect the repeal of such subdivision
    21  and shall be repealed therewith.

    22                                   PART BB

    23    Section 1. Subdivision 12 of section 239-bb of the  general  municipal
    24  law is REPEALED.
    25    § 2. This act shall take effect immediately.

    26                                   PART CC

    27    Section  1. The state comptroller is hereby authorized and directed to
    28  loan money in accordance with the provisions set forth in subdivision  5
    29  of  section  4  of  the  state finance law to the following funds and/or
    30  accounts:
    31    1. DOL-Child performer protection account (20401).
    32    2. Local government records management account (20501).
    33    3. Child health plus program account (20810).
    34    4. EPIC premium account (20818).
    35    5. Education - New (20901).
    36    6. VLT - Sound basic education fund (20904).
    37    7.  Sewage  treatment  program  management  and  administration   fund
    38  (21000).
    39    8. Hazardous bulk storage account (21061).
    40    9. Utility environmental regulatory account (21064).
    41    10. Federal grants indirect cost recovery account (21065).
    42    11. Low level radioactive waste account (21066).
    43    12. Recreation account (21067).
    44    13. Public safety recovery account (21077).
    45    14. Environmental regulatory account (21081).
    46    15. Natural resource account (21082).
    47    16. Mined land reclamation program account (21084).
    48    17. Great lakes restoration initiative account (21087).
    49    18. Environmental protection and oil spill compensation fund (21200).
    50    19. Public transportation systems account (21401).
    51    20. Metropolitan mass transportation (21402).
    52    21. Operating permit program account (21451).

        S. 4005                            50                            A. 3005

     1    22. Mobile source account (21452).
     2    23. Statewide   planning   and  research  cooperative  system  account
     3  (21902).
     4    24. New York state thruway authority account (21905).
     5    25. Mental hygiene program fund account (21907).
     6    26. Mental hygiene patient income account (21909).
     7    27. Financial control board account (21911).
     8    28. Regulation of racing account (21912).
     9    29. State university dormitory income reimbursable account (21937).
    10    30. Criminal justice improvement account (21945).
    11    31. Environmental laboratory reference fee account (21959).
    12    32. Training, management and evaluation account (21961).
    13    33. Clinical laboratory reference system assessment account (21962).
    14    34. Indirect cost recovery account (21978).
    15    35. Multi-agency training account (21989).
    16    36. Bell jar collection account (22003).
    17    37. Industry and utility service account (22004).
    18    38. Real property disposition account (22006).
    19    39. Parking account (22007).
    20    40. Courts special grants (22008).
    21    41. Asbestos safety training program account (22009).
    22    42. Batavia school for the blind account (22032).
    23    43. Investment services account (22034).
    24    44. Surplus property account (22036).
    25    45. Financial oversight account (22039).
    26    46. Regulation of Indian gaming account (22046).
    27    47. Rome school for the deaf account (22053).
    28    48. Seized assets account (22054).
    29    49. Administrative adjudication account (22055).
    30    50. New York City assessment account (22062).
    31    51. Cultural education account (22063).
    32    52. Local services account (22078).
    33    53. DHCR mortgage servicing account (22085).
    34    54. Housing indirect cost recovery account (22090).
    35    55. Voting Machine Examinations account (22099).
    36    56. DHCR-HCA application fee account (22100).
    37    57. Low income housing monitoring account (22130).
    38    58. Restitution account (22134).
    39    59. Corporation administration account (22135).
    40    60. New York State  Home  for  Veterans  in  the  Lower-Hudson  Valley
    41  account (22144).
    42    61. Deferred compensation administration account (22151).
    43    62. Rent revenue other New York City account (22156).
    44    63. Rent revenue account (22158).
    45    64. Transportation aviation account (22165).
    46    65. Tax revenue arrearage account (22168).
    47    66. New York State Campaign Finance Fund account (22211).
    48    67. New York state medical indemnity fund account (22240).
    49    68. Behavioral health parity compliance fund (22246).
    50    69. Pharmacy benefit manager regulatory fund (22255).
    51    70. State university general income offset account (22654).
    52    71. Lake George park trust fund account (22751).
    53    72. Highway safety program account (23001).
    54    73. DOH drinking water program account (23102).
    55    74. NYCCC operating offset account (23151).
    56    75. Commercial gaming revenue account (23701).

        S. 4005                            51                            A. 3005

     1    76. Commercial gaming regulation account (23702).
     2    77. Highway use tax administration account (23801).
     3    78. New York state secure choice administrative account (23806).
     4    79. New York state cannabis revenue fund (24800).
     5    80. Fantasy sports administration account (24951).
     6    81. Mobile sports wagering fund (24955).
     7    82. Highway and bridge capital account (30051).
     8    83. State university residence hall rehabilitation fund (30100).
     9    84. State parks infrastructure account (30351).
    10    85. Clean water/clean air implementation fund (30500).
    11    86. Hazardous waste remedial cleanup account (31506).
    12    87. Youth facilities improvement account (31701).
    13    88. Housing assistance fund (31800).
    14    89. Housing program fund (31850).
    15    90. Highway facility purpose account (31951).
    16    91. New York racing account (32213).
    17    92. Capital miscellaneous gifts account (32214).
    18    93. Information technology capital financing account (32215).
    19    94.  New  York  environmental protection and spill remediation account
    20  (32219).
    21    95. Mental hygiene facilities capital improvement fund (32300).
    22    96. Correctional facilities capital improvement fund (32350).
    23    97. New York State Storm Recovery Capital Fund (33000).
    24    98. OGS convention center account (50318).
    25    99. Empire Plaza Gift Shop (50327).
    26    100. Centralized services fund (55000).
    27    101. Archives records management account (55052).
    28    102. Federal single audit account (55053).
    29    103. Civil service administration account (55055).
    30    104. Civil service EHS occupational health program account (55056).
    31    105. Banking services account (55057).
    32    106. Cultural resources survey account (55058).
    33    107. Neighborhood work project account (55059).
    34    108. Automation & printing chargeback account (55060).
    35    109. OFT NYT account (55061).
    36    110. Data center account (55062).
    37    111. Intrusion detection account (55066).
    38    112. Domestic violence grant account (55067).
    39    113. Centralized technology services account (55069).
    40    114. Labor contact center account (55071).
    41    115. Human services contact center account (55072).
    42    116. Tax contact center account (55073).
    43    117. Department of law civil recoveries account (55074).
    44    118. Executive direction internal audit account (55251).
    45    119. CIO Information technology centralized services account (55252).
    46    120. Health insurance internal service account (55300).
    47    121. Civil service employee benefits division  administrative  account
    48  (55301).
    49    122. Correctional industries revolving fund (55350).
    50    123. Employees health insurance account (60201).
    51    124. Medicaid management information system escrow fund (60900).
    52    125. Virtual currency assessments account.
    53    § 1-a. The state comptroller is hereby authorized and directed to loan
    54  money  in  accordance  with the provisions set forth in subdivision 5 of
    55  section 4 of the state finance law to any account within  the  following
    56  federal  funds,  provided  the comptroller has made a determination that

        S. 4005                            52                            A. 3005

     1  sufficient federal grant award authority is available to reimburse  such
     2  loans:
     3    1. Federal USDA-food and nutrition services fund (25000).
     4    2. Federal health and human services fund (25100).
     5    3. Federal education fund (25200).
     6    4. Federal block grant fund (25250).
     7    5. Federal miscellaneous operating grants fund (25300).
     8    6. Federal unemployment insurance administration fund (25900).
     9    7. Federal unemployment insurance occupational training fund (25950).
    10    8. Federal emergency employment act fund (26000).
    11    9. Federal capital projects fund (31350).
    12    §  2.  Notwithstanding any law to the contrary, and in accordance with
    13  section 4 of the state finance law, the comptroller is hereby authorized
    14  and directed to transfer, upon request of the director of the budget, on
    15  or before March 31, 2024, up to the unencumbered balance or the  follow-
    16  ing amounts:
    17    Economic Development and Public Authorities:
    18    1. $1,175,000 from the miscellaneous special revenue fund, underground
    19  facilities safety training account (22172), to the general fund.
    20    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    21  special revenue fund, business and licensing services  account  (21977),
    22  to the general fund.
    23    3.  $19,810,000  from  the  miscellaneous  special  revenue fund, code
    24  enforcement account (21904), to the general fund.
    25    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    26  revenue fund, tax revenue arrearage account (22168).
    27    Education:
    28    1.  $2,314,000,000  from  the  general fund to the state lottery fund,
    29  education account (20901), as reimbursement for disbursements made  from
    30  such  fund for supplemental aid to education pursuant to section 92-c of
    31  the state finance law that are in excess of  the  amounts  deposited  in
    32  such fund for such purposes pursuant to section 1612 of the tax law.
    33    2. $1,033,000,000 from the general fund to the state lottery fund, VLT
    34  education  account (20904), as reimbursement for disbursements made from
    35  such fund for supplemental aid to education pursuant to section 92-c  of
    36  the  state  finance  law  that are in excess of the amounts deposited in
    37  such fund for such purposes pursuant to section 1612 of the tax law.
    38    3. $131,200,000 from the general fund to the New York state commercial
    39  gaming fund, commercial gaming revenue account (23701), as reimbursement
    40  for disbursements made from such fund for supplemental aid to  education
    41  pursuant  to section 97-nnnn of the state finance law that are in excess
    42  of the amounts deposited in such fund for purposes pursuant  to  section
    43  1352 of the racing, pari-mutuel wagering and breeding law.
    44    4.  $895,897,000  from  the general fund to the mobile sports wagering
    45  fund, education account (24955), as reimbursement for disbursements made
    46  from such fund for supplemental aid to  education  pursuant  to  section
    47  92-c of the state finance law that are in excess of the amounts deposit-
    48  ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
    49  racing, pari-mutuel wagering and breeding law.
    50    5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
    51  education account (24950), to the state lottery fund, education  account
    52  (20901),  as  reimbursement  for  disbursements  made from such fund for
    53  supplemental aid to education pursuant to  section  92-c  of  the  state
    54  finance law.
    55    6.  An  amount up to the unencumbered balance in the fund on March 31,
    56  2024 from the charitable gifts  trust  fund,  elementary  and  secondary

        S. 4005                            53                            A. 3005

     1  education  account  (24901), to the general fund, for payment of general
     2  support for public schools pursuant to section 3609-a of  the  education
     3  law.
     4    7. Moneys from the state lottery fund (20900) up to an amount deposit-
     5  ed in such fund pursuant to section 1612 of the tax law in excess of the
     6  current year appropriation for supplemental aid to education pursuant to
     7  section 92-c of the state finance law.
     8    8.  $300,000  from the New York state local government records manage-
     9  ment improvement  fund,  local  government  records  management  account
    10  (20501), to the New York state archives partnership trust fund, archives
    11  partnership trust maintenance account (20351).
    12    9. $900,000 from the general fund to the miscellaneous special revenue
    13  fund, Batavia school for the blind account (22032).
    14    10. $900,000 from the general fund to the miscellaneous special reven-
    15  ue fund, Rome school for the deaf account (22053).
    16    11.  $343,400,000  from  the  state  university  dormitory income fund
    17  (40350) to the miscellaneous  special  revenue  fund,  state  university
    18  dormitory income reimbursable account (21937).
    19    12.  $8,318,000  from  the general fund to the state university income
    20  fund, state university income offset account (22654),  for  the  state's
    21  share of repayment of the STIP loan.
    22    13. $69,000,000 from the state university income fund, state universi-
    23  ty hospitals income reimbursable account (22656) to the general fund for
    24  hospital  debt  service  for  the period April 1, 2023 through March 31,
    25  2024.
    26    14. $5,160,000 from the miscellaneous special revenue fund, office  of
    27  the  professions  account (22051), to the miscellaneous capital projects
    28  fund, office of the professions electronic licensing account (32222).
    29    15. $24,000,000 from any of the state education  department's  special
    30  revenue  and internal service funds to the miscellaneous special revenue
    31  fund, indirect cost recovery account (21978).
    32    16. $4,200,000 from any of the state  education  department's  special
    33  revenue or internal service funds to the capital projects fund (30000).
    34    17.  $30,013,000  from  the  general fund to the miscellaneous special
    35  revenue fund, HESC-insurance premium payments account (21960).
    36    Environmental Affairs:
    37    1. $16,000,000 from any of the department of  environmental  conserva-
    38  tion's  special  revenue federal funds, and/or federal capital funds, to
    39  the environmental conservation special revenue  fund,  federal  indirect
    40  recovery account (21065).
    41    2.  $5,000,000  from  any of the department of environmental conserva-
    42  tion's special revenue federal funds, and/or federal capital  funds,  to
    43  the  conservation  fund  (21150)  or Marine Resources Account (21151) as
    44  necessary to avoid diversion of conservation funds.
    45    3. $3,000,000 from any of the office of parks, recreation and historic
    46  preservation capital projects federal funds and special revenue  federal
    47  funds  to the miscellaneous special revenue fund, federal grant indirect
    48  cost recovery account (22188).
    49    4. $1,000,000 from any of the office of parks, recreation and historic
    50  preservation special revenue federal funds to the miscellaneous  capital
    51  projects fund, I love NY water account (32212).
    52    5.  $100,000,000 from the general fund to the environmental protection
    53  fund, environmental protection fund transfer account (30451).
    54    6. $6,000,000 from the general fund to the  hazardous  waste  remedial
    55  fund, hazardous waste oversight and assistance account (31505).

        S. 4005                            54                            A. 3005

     1    7.  An  amount  up  to or equal to the cash balance within the special
     2  revenue-other waste management & cleanup account (21053) to the  capital
     3  projects  fund  (30000) for services and capital expenses related to the
     4  management and cleanup program as put forth in section  27-1915  of  the
     5  environmental conservation law.
     6    8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
     7  service account (22011) to the miscellaneous special revenue fund, util-
     8  ity environmental regulatory account (21064).
     9    9. $7,000,000 from the general fund to the enterprise fund, state fair
    10  account (50051).
    11    10. $4,000,000 from the waste management & cleanup account (21053)  to
    12  the general fund.
    13    11.  $3,000,000 from the waste management & cleanup account (21053) to
    14  the environmental protection fund transfer account (30451).
    15    12. Up to $10,000,000 from  the  general  fund  to  the  miscellaneous
    16  special revenue fund, patron services account (22163).
    17    Family Assistance:
    18    1.  $7,000,000 from any of the office of children and family services,
    19  office of temporary and disability assistance, or department  of  health
    20  special  revenue  federal funds and the general fund, in accordance with
    21  agreements with social services districts, to the miscellaneous  special
    22  revenue  fund, office of human resources development state match account
    23  (21967).
    24    2. $4,000,000 from any of the office of children and  family  services
    25  or office of temporary and disability assistance special revenue federal
    26  funds to the miscellaneous special revenue fund, family preservation and
    27  support services and family violence services account (22082).
    28    3. $18,670,000 from any of the office of children and family services,
    29  office  of  temporary and disability assistance, or department of health
    30  special revenue federal  funds  and  any  other  miscellaneous  revenues
    31  generated  from  the operation of office of children and family services
    32  programs to the general fund.
    33    4. $175,000,000 from any of the office  of  temporary  and  disability
    34  assistance  or department of health special revenue funds to the general
    35  fund.
    36    5. $2,500,000 from any of  the  office  of  temporary  and  disability
    37  assistance  special  revenue  funds to the miscellaneous special revenue
    38  fund, office of temporary  and  disability  assistance  program  account
    39  (21980).
    40    6. $35,000,000 from any of the office of children and family services,
    41  office  of temporary and disability assistance, department of labor, and
    42  department of health special revenue federal  funds  to  the  office  of
    43  children  and family services miscellaneous special revenue fund, multi-
    44  agency training contract account (21989).
    45    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    46  facility per diem account (22186), to the general fund.
    47    8.  $621,850  from the general fund to the combined gifts, grants, and
    48  bequests fund, WB Hoyt Memorial account (20128).
    49    9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
    50  central registry (22028), to the general fund.
    51    10.  $900,000  from  the general fund to the Veterans' Remembrance and
    52  Cemetery Maintenance and Operation account (20201).
    53    11. $905,000,000 from the general fund to  the  housing  program  fund
    54  (31850).

        S. 4005                            55                            A. 3005

     1    12.  Up  to  $10,000,000 from any of the office of children and family
     2  services special revenue federal funds to the office of the court admin-
     3  istration special revenue other federal iv-e funds account.
     4    General Government:
     5    1. $12,000,000 from the general fund to the health insurance revolving
     6  fund (55300).
     7    2.  $292,400,000  from  the  health  insurance  reserve  receipts fund
     8  (60550) to the general fund.
     9    3. $150,000 from the general fund to the not-for-profit revolving loan
    10  fund (20650).
    11    4. $150,000 from the not-for-profit revolving loan fund (20650) to the
    12  general fund.
    13    5. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
    14  property account (22036), to the general fund.
    15    6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
    16  arrearage account (22024), to the general fund.
    17    7. $1,826,000 from the miscellaneous  special  revenue  fund,  revenue
    18  arrearage  account  (22024),  to the miscellaneous special revenue fund,
    19  authority budget office account (22138).
    20    8. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
    21  account (22007), to the general fund, for the purpose of reimbursing the
    22  costs of debt service related to state parking facilities.
    23    9.  $11,460,000 from the general fund to the agencies internal service
    24  fund, central technology services account (55069), for  the  purpose  of
    25  enterprise technology projects.
    26    10. $10,000,000 from the general fund to the agencies internal service
    27  fund, state data center account (55062).
    28    11.  $12,000,000  from the miscellaneous special revenue fund, parking
    29  account (22007), to the centralized services, building support  services
    30  account (55018).
    31    12.  $30,000,000  from  the general fund to the internal service fund,
    32  business services center account (55022).
    33    13. $8,000,000 from the general fund to  the  internal  service  fund,
    34  building support services account (55018).
    35    14.  $1,500,000 from the combined expendable trust fund, plaza special
    36  events account (20120), to the general fund.
    37    15. $50,000,000 from the New York State cannabis revenue fund  (24800)
    38  to the general fund.
    39    16.  A  transfer  from  the  general fund to the miscellaneous special
    40  revenue fund, New York State Campaign Finance Fund Account  (22211),  up
    41  to an amount equal to total reimbursements due to qualified candidates.
    42    17.  $6,000,000 from the miscellaneous special revenue fund, standards
    43  and purchasing account (22019), to the general fund.
    44    Health:
    45    1. A transfer from the general fund to the combined gifts, grants  and
    46  bequests  fund, breast cancer research and education account (20155), up
    47  to an amount equal to the  monies  collected  and  deposited  into  that
    48  account in the previous fiscal year.
    49    2.  A transfer from the general fund to the combined gifts, grants and
    50  bequests  fund,  prostate  cancer  research,  detection,  and  education
    51  account  (20183),  up  to  an  amount  equal to the moneys collected and
    52  deposited into that account in the previous fiscal year.
    53    3. A transfer from the general fund to the combined gifts, grants  and
    54  bequests  fund,  Alzheimer's  disease  research  and  assistance account
    55  (20143), up to an amount equal to the  moneys  collected  and  deposited
    56  into that account in the previous fiscal year.

        S. 4005                            56                            A. 3005

     1    4.  $8,940,000  from  the HCRA resources fund (20800) to the miscella-
     2  neous special revenue fund, empire state stem cell  trust  fund  account
     3  (22161).
     4    5. $3,600,000 from the miscellaneous special revenue fund, certificate
     5  of  need  account  (21920),  to the miscellaneous capital projects fund,
     6  healthcare IT capital subfund (32216).
     7    6. $4,000,000 from  the  miscellaneous  special  revenue  fund,  vital
     8  health  records  account  (22103), to the miscellaneous capital projects
     9  fund, healthcare IT capital subfund (32216).
    10    7. $6,000,000 from the miscellaneous  special  revenue  fund,  profes-
    11  sional  medical  conduct  account  (22088), to the miscellaneous capital
    12  projects fund, healthcare IT capital subfund (32216).
    13    8. $114,500,000 from the HCRA resources fund (20800)  to  the  capital
    14  projects fund (30000).
    15    9.  $6,550,000  from  the  general  fund to the medical cannabis trust
    16  fund, health operation and oversight account (23755).
    17    10. An amount up to the unencumbered balance from the charitable gifts
    18  trust fund, health charitable account (24900), to the general fund,  for
    19  payment of general support for primary, preventive, and inpatient health
    20  care,  dental and vision care, hunger prevention and nutritional assist-
    21  ance, and other services for New York state residents with  the  overall
    22  goal  of  ensuring  that New York state residents have access to quality
    23  health care and other related services.
    24    11. $500,000 from the miscellaneous special  revenue  fund,  New  York
    25  State  cannabis revenue fund, to the miscellaneous special revenue fund,
    26  environmental laboratory fee account (21959).
    27    12. An amount up to the unencumbered balance from  the  public  health
    28  emergency  charitable  gifts trust fund to the general fund, for payment
    29  of goods and services necessary to respond to a public  health  disaster
    30  emergency or to assist or aid in responding to such a disaster.
    31    13.  $1,000,000,000 from the general fund to the health care transfor-
    32  mation fund (24850).
    33    14.  $2,590,000  from  the miscellaneous special revenue fund, patient
    34  safety center account (22140), to the general fund.
    35    15. $1,000,000 from the miscellaneous special  revenue  fund,  nursing
    36  home receivership account (21925), to the general fund.
    37    16.  $130,000  from the miscellaneous special revenue fund, quality of
    38  care account (21915), to the general fund.
    39    17. $2,200,000 from the miscellaneous special revenue fund, adult home
    40  quality enhancement account (22091), to the general fund.
    41    18. $7,429,000 from the general fund,  to  the  miscellaneous  special
    42  revenue fund, helen hayes hospital account (22140).
    43    19.  $1,117,000  from  the  general fund, to the miscellaneous special
    44  revenue fund, New York city veterans' home account (22141).
    45    20. $813,000 from the  general  fund,  to  the  miscellaneous  special
    46  revenue  fund, New York state home for veterans' and their dependents at
    47  oxford account (22142).
    48    21. $313,000 from the  general  fund,  to  the  miscellaneous  special
    49  revenue fund, western New York veterans' home account (22143).
    50    22.  $1,473,000  from  the  general fund, to the miscellaneous special
    51  revenue fund, New York state for veterans  in  the  lower-hudson  valley
    52  account (22144).
    53    Labor:
    54    1.  $600,000  from the miscellaneous special revenue fund, DOL fee and
    55  penalty account (21923), to the child performer's protection fund, child
    56  performer protection account (20401).

        S. 4005                            57                            A. 3005

     1    2. $11,700,000 from the unemployment insurance  interest  and  penalty
     2  fund,  unemployment  insurance  special  interest  and  penalty  account
     3  (23601), to the general fund.
     4    3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
     5  ment  insurance special interest and penalty account (23601), and public
     6  work enforcement account (21998), to the general fund.
     7    4. $850,000 from the miscellaneous special revenue fund, DOL  elevator
     8  safety  program  fund (22252) to the miscellaneous special revenue fund,
     9  DOL fee and penalty account (21923).
    10    Mental Hygiene:
    11    1. $3,800,000 from the general fund, to the agencies internal  service
    12  fund, civil service EHS occupational health program account (55056).
    13    2.  $2,000,000 from the general fund, to the mental hygiene facilities
    14  capital improvement fund (32300).
    15    3. $20,000,000 from the opioid settlement fund (23817) to the  miscel-
    16  laneous capital projects fund, opioid settlement capital account.
    17    4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
    18  settlement capital account to the opioid settlement fund (23817).
    19    Public Protection:
    20    1. $1,350,000 from the miscellaneous special revenue  fund,  emergency
    21  management account (21944), to the general fund.
    22    2.  $2,587,000  from  the  general  fund  to the miscellaneous special
    23  revenue fund, recruitment incentive account (22171).
    24    3. $23,773,000 from the general fund to  the  correctional  industries
    25  revolving   fund,   correctional  industries  internal  service  account
    26  (55350).
    27    4. $2,000,000,000 from any of the division of  homeland  security  and
    28  emergency services special revenue federal funds to the general fund.
    29    5.  $115,420,000  from  the state police motor vehicle law enforcement
    30  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
    31  police  motor  vehicle  enforcement account (22802), to the general fund
    32  for state operation expenses of the division of state police.
    33    6. $138,272,000 from the general fund to the  correctional  facilities
    34  capital improvement fund (32350).
    35    7.  $5,000,000  from  the  general  fund  to the dedicated highway and
    36  bridge trust fund (30050) for the purpose of work zone safety activities
    37  provided by the division of state police for the department of transpor-
    38  tation.
    39    8. $10,000,000 from the miscellaneous special revenue fund,  statewide
    40  public  safety  communications  account (22123), to the capital projects
    41  fund (30000).
    42    9. $9,830,000 from  the  miscellaneous  special  revenue  fund,  legal
    43  services assistance account (22096), to the general fund.
    44    10.  $1,000,000 from the general fund to the agencies internal service
    45  fund, neighborhood work project account (55059).
    46    11. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
    47  print identification & technology account (21950), to the general fund.
    48    12. $1,100,000 from the state police motor vehicle law enforcement and
    49  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
    50  theft and insurance fraud account (22801), to the general fund.
    51    13. $14,400,000 from the general fund  to  the  miscellaneous  special
    52  revenue fund, criminal justice improvement account (21945).
    53    14.  $2,000,000  from  the  general  fund to the miscellaneous special
    54  revenue fund, hazard mitigation revolving loan account.
    55    Transportation:

        S. 4005                            58                            A. 3005

     1    1. $20,000,000 from the general fund to the mass transportation  oper-
     2  ating  assistance  fund, public transportation systems operating assist-
     3  ance account (21401), of which $12,000,000 constitutes the base need for
     4  operations.
     5    2.  $727,500,000  from  the  general fund to the dedicated highway and
     6  bridge trust fund (30050).
     7    3. $244,250,000 from the general fund to the MTA financial  assistance
     8  fund, mobility tax trust account (23651).
     9    4. $5,000,000 from the miscellaneous special revenue fund, transporta-
    10  tion  regulation  account  (22067)  to  the dedicated highway and bridge
    11  trust fund (30050), for disbursements made  from  such  fund  for  motor
    12  carrier  safety that are in excess of the amounts deposited in the dedi-
    13  cated highway and bridge trust fund (30050) for such purpose pursuant to
    14  section 94 of the transportation law.
    15    5. $477,000 from the miscellaneous special revenue fund, traffic adju-
    16  dication account (22055), to the general fund.
    17    6. $5,000,000 from the miscellaneous special revenue fund, transporta-
    18  tion regulation account (22067) to the general fund,  for  disbursements
    19  made  from  such fund for motor carrier safety that are in excess of the
    20  amounts deposited in the general  fund  for  such  purpose  pursuant  to
    21  section 94 of the transportation law.
    22    Miscellaneous:
    23    1. $250,000,000 from the general fund to any funds or accounts for the
    24  purpose of reimbursing certain outstanding accounts receivable balances.
    25    2.  $500,000,000  from  the general fund to the debt reduction reserve
    26  fund (40000).
    27    3. $450,000,000 from the New York state storm  recovery  capital  fund
    28  (33000) to the revenue bond tax fund (40152).
    29    4.  $15,500,000  from  the general fund, community projects account GG
    30  (10256), to the general fund, state purposes account (10050).
    31    5. $100,000,000 from any special revenue federal fund to  the  general
    32  fund, state purposes account (10050).
    33    6.  $8,250,000,000  from the special revenue federal fund, ARPA-Fiscal
    34  Recovery Fund (25546)  to  the  general  fund,  state  purposes  account
    35  (10050) to cover eligible costs incurred by the state.
    36    §  3.  Notwithstanding any law to the contrary, and in accordance with
    37  section 4 of the state finance law, the comptroller is hereby authorized
    38  and directed to transfer, on or before March 31, 2024:
    39    1. Upon request of the commissioner of environmental conservation,  up
    40  to  $12,745,400 from revenues credited to any of the department of envi-
    41  ronmental conservation special revenue funds, including $4,000,000  from
    42  the  environmental  protection  and oil spill compensation fund (21200),
    43  and $1,834,600 from the conservation fund (21150), to the  environmental
    44  conservation special revenue fund, indirect charges account (21060).
    45    2.  Upon request of the commissioner of agriculture and markets, up to
    46  $3,000,000 from any special revenue fund or enterprise fund  within  the
    47  department of agriculture and markets to the general fund, to pay appro-
    48  priate administrative expenses.
    49    3.  Upon  request  of  the commissioner of the division of housing and
    50  community renewal, up to $6,221,000 from revenues credited to any  divi-
    51  sion  of  housing and community renewal federal or miscellaneous special
    52  revenue fund to the miscellaneous special revenue fund, housing indirect
    53  cost recovery account (22090).
    54    4. Upon request of the commissioner of the  division  of  housing  and
    55  community  renewal, up to $5,500,000 may be transferred from any miscel-

        S. 4005                            59                            A. 3005

     1  laneous special revenue  fund  account,  to  any  miscellaneous  special
     2  revenue fund.
     3    5.  Upon  request of the commissioner of health up to $13,694,000 from
     4  revenues credited to any of the department of health's  special  revenue
     5  funds, to the miscellaneous special revenue fund, administration account
     6  (21982).
     7    6.  Upon  the  request  of the attorney general, up to $4,000,000 from
     8  revenues credited to the federal health and human services fund, federal
     9  health and human services account (25117) or the  miscellaneous  special
    10  revenue  fund,  recoveries and revenue account (22041), to the miscella-
    11  neous special revenue fund, litigation  settlement  and  civil  recovery
    12  account (22117).
    13    § 4. On or before March 31, 2024, the comptroller is hereby authorized
    14  and  directed  to  deposit  earnings  that would otherwise accrue to the
    15  general fund that are attributable to the operation of section  98-a  of
    16  the  state  finance  law, to the agencies internal service fund, banking
    17  services account (55057), for the purpose  of  meeting  direct  payments
    18  from such account.
    19    §  5.  Notwithstanding  any law to the contrary, upon the direction of
    20  the director of the budget and upon requisition by the state  university
    21  of  New  York,  the  dormitory  authority  of  the  state of New York is
    22  directed to transfer, up to $22,000,000 in revenues generated  from  the
    23  sale of notes or bonds, the state university income fund general revenue
    24  account  (22653)  for  reimbursement  of  bondable equipment for further
    25  transfer to the state's general fund.
    26    § 6. Notwithstanding any law to the contrary, and in  accordance  with
    27  section 4 of the state finance law, the comptroller is hereby authorized
    28  and directed to transfer, upon request of the director of the budget and
    29  upon  consultation  with  the  state university chancellor or his or her
    30  designee, on or before March 31, 2024, up to $16,000,000 from the  state
    31  university  income  fund  general  revenue  account (22653) to the state
    32  general fund for debt service costs related to campus supported  capital
    33  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
    34  University at Buffalo.
    35    § 7. Notwithstanding any law to the contrary, and in  accordance  with
    36  section 4 of the state finance law, the comptroller is hereby authorized
    37  and directed to transfer, upon request of the director of the budget and
    38  upon  consultation  with  the  state university chancellor or his or her
    39  designee, on or before March 31, 2024, up to $6,500,000 from  the  state
    40  university  income  fund  general  revenue  account (22653) to the state
    41  general fund for debt service costs related to campus supported  capital
    42  project  costs  for  the  NY-SUNY  2020  challenge  grant program at the
    43  University at Albany.
    44    § 8. Notwithstanding any law to the  contrary,  the  state  university
    45  chancellor or his or her designee is authorized and directed to transfer
    46  estimated  tuition revenue balances from the state university collection
    47  fund (61000) to the  state  university  income  fund,  state  university
    48  general revenue offset account (22655) on or before March 31, 2024.
    49    §  9.  Notwithstanding any law to the contrary, and in accordance with
    50  section 4 of the state finance law, the comptroller is hereby authorized
    51  and directed to transfer, upon request of the director of the budget, up
    52  to $1,226,598,500 from the general fund to the state  university  income
    53  fund, state university general revenue offset account (22655) during the
    54  period  of  July  1, 2023 through June 30, 2024 to support operations at
    55  the state university.

        S. 4005                            60                            A. 3005

     1    § 10. Notwithstanding any law to the contrary, and in accordance  with
     2  section 4 of the state finance law, the comptroller is hereby authorized
     3  and directed to transfer, upon request of the director of the budget, up
     4  to  $62,340,000  from  the  general  fund to the state university income
     5  fund, state university general revenue offset account (22655) during the
     6  period  of  July  1,  2023  to  June 30, 2024 for general fund operating
     7  support pursuant to subparagraph (4-b) of paragraph h of  subdivision  2
     8  of section three hundred fifty-five of the education law.
     9    §  11. Notwithstanding any law to the contrary, and in accordance with
    10  section 4 of the state finance law, the comptroller is hereby authorized
    11  and directed to transfer, upon request of the director of the budget, up
    12  to $20,000,000 from the general fund  to  the  state  university  income
    13  fund, state university general revenue offset account (22655) during the
    14  period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit
    15  pursuant  to  subdivision two of section six hundred sixty-nine-h of the
    16  education law.
    17    § 12. Notwithstanding any law to the contrary, and in accordance  with
    18  section 4 of the state finance law, the comptroller is hereby authorized
    19  and  directed to transfer, upon request of the state university chancel-
    20  lor or his or her designee, up to $55,000,000 from the state  university
    21  income  fund,  state  university  hospitals  income reimbursable account
    22  (22656), for services and expenses of hospital  operations  and  capital
    23  expenditures at the state university hospitals; and the state university
    24  income  fund,  Long  Island  veterans' home account (22652) to the state
    25  university capital projects fund (32400) on or before June 30, 2024.
    26    § 13. Notwithstanding any law to the contrary, and in accordance  with
    27  section  4 of the state finance law, the comptroller, after consultation
    28  with the state university chancellor or his or her designee,  is  hereby
    29  authorized  and directed to transfer moneys, in the first instance, from
    30  the state university collection fund, Stony  Brook  hospital  collection
    31  account (61006), Brooklyn hospital collection account (61007), and Syra-
    32  cuse  hospital collection account (61008) to the state university income
    33  fund, state university hospitals income reimbursable account (22656)  in
    34  the  event  insufficient  funds  are  available  in the state university
    35  income fund, state  university  hospitals  income  reimbursable  account
    36  (22656)  to  permit the full transfer of moneys authorized for transfer,
    37  to the general fund for payment of debt  service  related  to  the  SUNY
    38  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
    39  also hereby authorized and directed, after consultation with  the  state
    40  university  chancellor  or  his or her designee, to transfer moneys from
    41  the state university income fund to the state  university  income  fund,
    42  state  university  hospitals  income reimbursable account (22656) in the
    43  event insufficient funds are available in the  state  university  income
    44  fund,  state university hospitals income reimbursable account (22656) to
    45  pay hospital operating costs or to permit the full  transfer  of  moneys
    46  authorized for transfer, to the general fund for payment of debt service
    47  related to the SUNY hospitals on or before March 31, 2024.
    48    §  14.  Notwithstanding any law to the contrary, upon the direction of
    49  the director of the budget and the chancellor of the state university of
    50  New York or his or her designee, and in accordance with section 4 of the
    51  state finance law, the comptroller is hereby authorized and directed  to
    52  transfer  monies from the state university dormitory income fund (40350)
    53  to the state university residence hall rehabilitation fund (30100),  and
    54  from  the state university residence hall rehabilitation fund (30100) to
    55  the state university dormitory income fund (40350), in an amount not  to
    56  exceed $100 million from each fund.

        S. 4005                            61                            A. 3005

     1    §  15. Notwithstanding any law to the contrary, and in accordance with
     2  section 4 of the state finance law, the comptroller is hereby authorized
     3  and directed to transfer, at the request of the director of the  budget,
     4  up  to $700 million from the unencumbered balance of any special revenue
     5  fund  or  account,  agency  fund  or  account,  internal service fund or
     6  account, enterprise fund or account, or any combination  of  such  funds
     7  and  accounts,  to the general fund. The amounts transferred pursuant to
     8  this authorization shall be in addition to any other transfers expressly
     9  authorized in the 2023-24 budget. Transfers  from  federal  funds,  debt
    10  service  funds,  capital projects funds, the community projects fund, or
    11  funds that would result in the loss of eligibility for federal  benefits
    12  or federal funds pursuant to federal law, rule, or regulation as assent-
    13  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
    14  1951 are not permitted pursuant to this authorization.
    15    § 16. Notwithstanding any law to the contrary, and in accordance  with
    16  section 4 of the state finance law, the comptroller is hereby authorized
    17  and  directed to transfer, at the request of the director of the budget,
    18  up to $100 million from any non-general fund or account, or  combination
    19  of  funds and accounts, to the miscellaneous special revenue fund, tech-
    20  nology financing account (22207),  the  miscellaneous  capital  projects
    21  fund, the federal capital projects account (31350), information technol-
    22  ogy  capital  financing  account  (32215), or the centralized technology
    23  services account (55069), for the purpose  of  consolidating  technology
    24  procurement  and  services. The amounts transferred to the miscellaneous
    25  special revenue fund, technology financing account (22207)  pursuant  to
    26  this  authorization  shall  be  equal to or less than the amount of such
    27  monies intended  to  support  information  technology  costs  which  are
    28  attributable,  according to a plan, to such account made in pursuance to
    29  an appropriation by law. Transfers to the technology  financing  account
    30  shall  be  completed  from  amounts  collected  by  non-general funds or
    31  accounts pursuant to a fund deposit schedule or permanent  statute,  and
    32  shall  be  transferred to the technology financing account pursuant to a
    33  schedule agreed upon by the affected agency commissioner. Transfers from
    34  funds that would result in the loss of eligibility for federal  benefits
    35  or federal funds pursuant to federal law, rule, or regulation as assent-
    36  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
    37  1951 are not permitted pursuant to this authorization.
    38    § 17. Notwithstanding any law to the contrary, and in accordance  with
    39  section 4 of the state finance law, the comptroller is hereby authorized
    40  and  directed to transfer, at the request of the director of the budget,
    41  up to $400 million from any non-general fund or account, or  combination
    42  of  funds  and  accounts, to the general fund for the purpose of consol-
    43  idating technology procurement and  services.  The  amounts  transferred
    44  pursuant to this authorization shall be equal to or less than the amount
    45  of  such  monies  intended to support information technology costs which
    46  are attributable, according to a plan, to such account made in pursuance
    47  to an appropriation by law. Transfers  to  the  general  fund  shall  be
    48  completed from amounts collected by non-general funds or accounts pursu-
    49  ant  to a fund deposit schedule.  Transfers from funds that would result
    50  in the loss of eligibility for federal benefits or federal funds  pursu-
    51  ant to federal law, rule, or regulation as assented to in chapter 683 of
    52  the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
    53  pursuant to this authorization.
    54    § 18. Notwithstanding any provision of law to the contrary, as  deemed
    55  feasible and advisable by its trustees, the power authority of the state
    56  of New York is authorized and directed to transfer to the state treasury

        S. 4005                            62                            A. 3005

     1  to the credit of the general fund up to $20,000,000 for the state fiscal
     2  year commencing April 1, 2023, the proceeds of which will be utilized to
     3  support energy-related state activities.
     4    §  19. Notwithstanding any provision of law, rule or regulation to the
     5  contrary, the New York state energy research and  development  authority
     6  is  authorized and directed to contribute $913,000 to the state treasury
     7  to the credit of the general fund on or before March 31, 2024.
     8    § 20. Notwithstanding any provision of law, rule or regulation to  the
     9  contrary,  the  New York state energy research and development authority
    10  is authorized and directed to transfer five million dollars to the cred-
    11  it of the Environmental Protection Fund on or before March 31, 2024 from
    12  proceeds collected by the authority from the auction or sale  of  carbon
    13  dioxide emission allowances allocated by the department of environmental
    14  conservation.
    15    §  21.  Subdivision  5  of section 97-rrr of the state finance law, as
    16  amended by section 21 of part FFF of chapter 56 of the laws of 2022,  is
    17  amended to read as follows:
    18    5. Notwithstanding the provisions of section one hundred seventy-one-a
    19  of  the  tax law, as separately amended by chapters four hundred eighty-
    20  one and four hundred eighty-four of the laws of nineteen hundred  eight-
    21  y-one,  and notwithstanding the provisions of chapter ninety-four of the
    22  laws of two thousand eleven, or any  other  provisions  of  law  to  the
    23  contrary,  during  the  fiscal  year beginning April first, two thousand
    24  [twenty-two] twenty-three, the state comptroller  is  hereby  authorized
    25  and  directed  to  deposit  to the fund created pursuant to this section
    26  from amounts collected pursuant to article twenty-two of the tax law and
    27  pursuant to a schedule submitted by the director of the  budget,  up  to
    28  [$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as
    29  necessary  to  meet the purposes of such fund for the fiscal year begin-
    30  ning April first, two thousand [twenty-two] twenty-three.
    31    § 22. Notwithstanding any law to  the  contrary,  the  comptroller  is
    32  hereby authorized and directed to transfer, upon request of the director
    33  of  the  budget, on or before March 31, 2024, the following amounts from
    34  the following special revenue accounts  to  the  capital  projects  fund
    35  (30000),  for  the  purposes  of reimbursement to such fund for expenses
    36  related to the maintenance and preservation of state assets:
    37    1. $43,000 from the miscellaneous special revenue fund, administrative
    38  program account (21982).
    39    2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
    40  hospital account (22140).
    41    3. $456,000 from the miscellaneous special revenue fund, New York city
    42  veterans' home account (22141).
    43    4. $570,000 from the miscellaneous  special  revenue  fund,  New  York
    44  state home for veterans' and their dependents at oxford account (22142).
    45    5.  $170,000  from the miscellaneous special revenue fund, western New
    46  York veterans' home account (22143).
    47    6. $323,000 from the miscellaneous  special  revenue  fund,  New  York
    48  state for veterans in the lower-hudson valley account (22144).
    49    7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
    50  services account (22163).
    51    8. $9,016,000 from  the  miscellaneous  special  revenue  fund,  state
    52  university general income reimbursable account (22653).
    53    9.  $142,782,000  from  the  miscellaneous special revenue fund, state
    54  university revenue offset account (22655).
    55    10. $51,897,000 from the state university dormitory income fund, state
    56  university dormitory income fund (40350).

        S. 4005                            63                            A. 3005

     1    11. $1,000,000 from the miscellaneous special revenue fund, litigation
     2  settlement and civil recovery account (22117).
     3    §  23.  Section  60  of  part  FFF of chapter 56   of the laws of 2022
     4  providing for the administration of certain funds and  accounts  related
     5  to the 2022-2023 budget, is amended to read as follows:
     6    §  60.  This  act shall take effect immediately and shall be deemed to
     7  have been in full force and effect on and after April 1, 2022; provided,
     8  however, that the provisions of sections one, one-a, two,  three,  four,
     9  five,  six,  seven,  eight, thirteen, fourteen, fifteen, sixteen, seven-
    10  teen, eighteen, nineteen, twenty[,] and twenty-two[,  and  twenty-three]
    11  of  this act shall expire March 31, 2023 when upon such [date] dates the
    12  provisions of such sections shall be deemed repealed; provided, further,
    13  that the amendments to section 89-h of the state  finance  law  made  by
    14  section  twenty-eight  of  this  act shall not affect the repeal of such
    15  section and shall be deemed repealed therewith; and  provided,  further,
    16  that section twenty-eight-a of this act shall expire March 31, 2027.
    17    §  24. Subdivision 5 of section 183 of the military law, as amended by
    18  section 2 of part O of chapter 55 of the laws of  2018,  is  amended  to
    19  read as follows:
    20    5.  All moneys paid as rent as provided in this section, together with
    21  all sums paid to cover expenses of heating and lighting, shall be trans-
    22  mitted by the officer in charge and control of the  armory  through  the
    23  adjutant  general  to  the  state  treasury for deposit to the [agencies
    24  enterprise fund] miscellaneous special revenue fund - 339 armory  rental
    25  account.
    26    §  25.  Subdivision  2  of  section 92-cc of the state finance law, as
    27  amended by section 26 of part FFF of chapter 56 of the laws of 2022,  is
    28  amended to read as follows:
    29    2.  Such  fund  shall  have  a maximum balance not to exceed [fifteen]
    30  twenty per centum of the aggregate amount projected to be disbursed from
    31  the [general fund] state operating funds during [the fiscal  year  imme-
    32  diately  following]  the  then-current  fiscal  year as estimated in the
    33  enacted budget financial plan. At the request of  the  director  of  the
    34  budget,  the  state  comptroller  shall transfer monies to the rainy day
    35  reserve fund up to and including an amount equivalent to [three] ten per
    36  centum of the aggregate  amount  projected  to  be  disbursed  from  the
    37  [general fund] state operating funds during the then-current fiscal year
    38  as  estimated in the enacted budget financial plan, unless such transfer
    39  would increase the rainy day reserve fund to  an  amount  in  excess  of
    40  [fifteen]  twenty  per  centum  of  the aggregate amount projected to be
    41  disbursed from the [general  fund]  state  operating  funds  during  the
    42  [fiscal  year  immediately  following  the]  then-current fiscal year as
    43  estimated in the enacted budget financial  plan,  in  which  event  such
    44  transfer  shall be limited to such amount as will increase the rainy day
    45  reserve fund to such [fifteen] twenty per centum limitation.
    46    § 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
    47  contrary, the state comptroller is hereby authorized and directed to use
    48  any  balance  remaining  in the mental health services fund debt service
    49  appropriation, after payment by the state comptroller of all obligations
    50  required pursuant to any lease, sublease, or other financing arrangement
    51  between the dormitory authority of the state of New York as successor to
    52  the New York state medical  care  facilities  finance  agency,  and  the
    53  facilities development corporation pursuant to chapter 83 of the laws of
    54  1995  and  the  department  of  mental hygiene for the purpose of making
    55  payments to the dormitory authority of the state of  New  York  for  the
    56  amount  of  the  earnings  for the investment of monies deposited in the

        S. 4005                            64                            A. 3005

     1  mental health services fund that such agency determines will or may have
     2  to be rebated to the federal government pursuant to  the  provisions  of
     3  the  internal  revenue code of 1986, as amended, in order to enable such
     4  agency  to  maintain  the  exemption from federal income taxation on the
     5  interest paid to the holders of such agency's mental services facilities
     6  improvement revenue bonds. Annually on or before each  June  30th,  such
     7  agency  shall  certify to the state comptroller its determination of the
     8  amounts received in the mental health services fund as a result  of  the
     9  investment  of  monies  deposited  therein  that  will or may have to be
    10  rebated to the federal government pursuant  to  the  provisions  of  the
    11  internal revenue code of 1986, as amended.
    12    § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    13  of  1997,  relating  to  the  financing  of  the correctional facilities
    14  improvement fund and the youth facility improvement fund, as amended  by
    15  section  30 of part FFF of chapter 56 of the laws of 2022, is amended to
    16  read as follows:
    17    1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
    18  notwithstanding the provisions of section 18 of section 1 of chapter 174
    19  of the laws of 1968, the New York state urban development corporation is
    20  hereby  authorized  to  issue  bonds,  notes and other obligations in an
    21  aggregate principal amount not to exceed [nine billion five hundred  two
    22  million  seven hundred thirty-nine thousand dollars $9,502,739,000] nine
    23  billion eight hundred sixty-five million eight hundred fifty-nine  thou-
    24  sand  dollars  $9,865,859,000,  and  shall  include all bonds, notes and
    25  other obligations issued pursuant to chapter 56 of the laws of 1983,  as
    26  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
    27  obligations shall be paid to the state, for deposit in the  correctional
    28  facilities capital improvement fund to pay for all or any portion of the
    29  amount  or  amounts paid by the state from appropriations or reappropri-
    30  ations made to the department of corrections and  community  supervision
    31  from  the  correctional  facilities capital improvement fund for capital
    32  projects. The aggregate amount of  bonds,  notes  or  other  obligations
    33  authorized  to  be  issued pursuant to this section shall exclude bonds,
    34  notes or other obligations issued to refund or  otherwise  repay  bonds,
    35  notes  or  other  obligations  theretofore issued, the proceeds of which
    36  were paid to the state for all or a portion of the amounts  expended  by
    37  the state from appropriations or reappropriations made to the department
    38  of  corrections  and community supervision; provided, however, that upon
    39  any such refunding or repayment the total aggregate principal amount  of
    40  outstanding  bonds, notes or other obligations may be greater than [nine
    41  billion five hundred two  million  seven  hundred  thirty-nine  thousand
    42  dollars  $9,502,739,000]  nine  billion eight hundred sixty-five million
    43  eight hundred fifty-nine thousand dollars $9,865,859,000,  only  if  the
    44  present  value  of the aggregate debt service of the refunding or repay-
    45  ment bonds, notes or other obligations to be issued shall not exceed the
    46  present value of the aggregate debt service of the bonds, notes or other
    47  obligations so to be refunded or repaid. For the  purposes  hereof,  the
    48  present  value  of the aggregate debt service of the refunding or repay-
    49  ment bonds, notes or other obligations and of the aggregate debt service
    50  of the bonds, notes or other obligations so refunded or repaid, shall be
    51  calculated by utilizing the effective interest rate of the refunding  or
    52  repayment  bonds,  notes  or other obligations, which shall be that rate
    53  arrived at by doubling the semi-annual interest rate  (compounded  semi-
    54  annually) necessary to discount the debt service payments on the refund-
    55  ing  or  repayment  bonds,  notes  or other obligations from the payment
    56  dates thereof to the date of issue of the refunding or repayment  bonds,

        S. 4005                            65                            A. 3005

     1  notes  or  other  obligations  and  to the price bid including estimated
     2  accrued interest or proceeds received by the corporation including esti-
     3  mated accrued interest from the sale thereof.
     4    §  28.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
     5  laws of 2005, relating to providing for the  administration  of  certain
     6  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
     7  section  31 of part FFF of chapter 56 of the laws of 2022, is amended to
     8  read as follows:
     9    (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
    10  notwithstanding  any provisions of law to the contrary, the urban devel-
    11  opment corporation is hereby authorized to issue bonds or notes  in  one
    12  or  more  series  in  an  aggregate principal amount not to exceed [four
    13  hundred twenty-six million one hundred  thousand  dollars  $426,100,000]
    14  five   hundred   thirty-eight   million  one  hundred  thousand  dollars
    15  $538,100,000, excluding bonds issued to finance one or more debt service
    16  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    17  notes issued to refund or otherwise repay such bonds or notes previously
    18  issued,  for  the  purpose  of  financing  capital projects including IT
    19  initiatives for the division of state police, debt service  and  leases;
    20  and to reimburse the state general fund for disbursements made therefor.
    21  Such  bonds  and  notes of such authorized issuer shall not be a debt of
    22  the state, and the state shall not be liable thereon, nor shall they  be
    23  payable  out  of any funds other than those appropriated by the state to
    24  such authorized issuer for debt service and related expenses pursuant to
    25  any service contract  executed  pursuant  to  subdivision  (b)  of  this
    26  section  and  such  bonds  and notes shall contain on the face thereof a
    27  statement to such effect. Except for  purposes  of  complying  with  the
    28  internal revenue code, any interest income earned on bond proceeds shall
    29  only be used to pay debt service on such bonds.
    30    §  29.  Subdivision 3 of section 1285-p of the public authorities law,
    31  as amended by section 32 of part FFF of chapter 56 of the laws of  2022,
    32  is amended to read as follows:
    33    3.  The  maximum amount of bonds that may be issued for the purpose of
    34  financing  environmental  infrastructure  projects  authorized  by  this
    35  section  shall  be  [eight  billion  one hundred seventy-one million one
    36  hundred ten thousand dollars $8,171,110,000] nine billion three  hundred
    37  eight million two hundred ten thousand dollars $9,308,210,000, exclusive
    38  of  bonds  issued  to  fund any debt service reserve funds, pay costs of
    39  issuance of such bonds, and bonds or notes issued to refund or otherwise
    40  repay bonds or notes previously issued. Such  bonds  and  notes  of  the
    41  corporation shall not be a debt of the state, and the state shall not be
    42  liable  thereon,  nor  shall they be payable out of any funds other than
    43  those appropriated by the state to the corporation for debt service  and
    44  related  expenses pursuant to any service contracts executed pursuant to
    45  subdivision one of this section, and such bonds and notes shall  contain
    46  on the face thereof a statement to such effect.
    47    §  30.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    48  laws of 2002, relating to providing for the  administration  of  certain
    49  funds  and  accounts  related  to  the  2002-2003  budget, as amended by
    50  section 33 of part FFF of chapter 56 of the laws of 2022, is amended  to
    51  read as follows:
    52    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    53  notwithstanding the provisions of section 18 of  the  urban  development
    54  corporation  act, the corporation is hereby authorized to issue bonds or
    55  notes in one or more series in an  aggregate  principal  amount  not  to
    56  exceed [three hundred eighty-three million five hundred thousand dollars

        S. 4005                            66                            A. 3005

     1  $383,500,000]  four  hundred  seventy-six  million five hundred thousand
     2  dollars $476,500,000, excluding bonds issued to fund one  or  more  debt
     3  service reserve funds, to pay costs of issuance of such bonds, and bonds
     4  or  notes issued to refund or otherwise repay such bonds or notes previ-
     5  ously issued, for the purpose of  financing  capital  costs  related  to
     6  homeland  security  and  training  facilities  for the division of state
     7  police, the division of military and naval affairs, and any other  state
     8  agency,  including  the reimbursement of any disbursements made from the
     9  state capital projects fund, and is hereby authorized to issue bonds  or
    10  notes  in  one  or  more  series in an aggregate principal amount not to
    11  exceed [one billion six hundred four  million  nine  hundred  eighty-six
    12  thousand  dollars  $1,604,986,000] one billion seven hundred ten million
    13  eighty-six thousand dollars $1,710,086,000, excluding  bonds  issued  to
    14  fund one or more debt service reserve funds, to pay costs of issuance of
    15  such  bonds, and bonds or notes issued to refund or otherwise repay such
    16  bonds or notes previously issued, for the purpose of financing  improve-
    17  ments  to State office buildings and other facilities located statewide,
    18  including the reimbursement of any disbursements  made  from  the  state
    19  capital projects fund. Such bonds and notes of the corporation shall not
    20  be  a  debt of the state, and the state shall not be liable thereon, nor
    21  shall they be payable out of any funds other than those appropriated  by
    22  the  state  to  the  corporation  for  debt service and related expenses
    23  pursuant to any service contracts executed pursuant to  subdivision  (b)
    24  of  this  section,  and  such  bonds and notes shall contain on the face
    25  thereof a statement to such effect.
    26    § 31. Paragraph (c) of subdivision 19 of section 1680  of  the  public
    27  authorities  law,  as amended by section 34 of part FFF of chapter 56 of
    28  the laws of 2022, is amended to read as follows:
    29    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    30  thousand, the dormitory authority shall not issue any  bonds  for  state
    31  university  educational  facilities  purposes if the principal amount of
    32  bonds to be issued when added to the aggregate principal amount of bonds
    33  issued by the dormitory authority on  and  after  July  first,  nineteen
    34  hundred  eighty-eight  for  state university educational facilities will
    35  exceed [sixteen billion six hundred eleven million five  hundred  sixty-
    36  four  thousand  dollars  $16,611,564,000] seventeen billion nine hundred
    37  thirty-seven  million   five   hundred   sixty-four   thousand   dollars
    38  $17,937,564,000;  provided,  however,  that bonds issued or to be issued
    39  shall be excluded from such limitation if:  (1) such bonds are issued to
    40  refund  state  university  construction  bonds  and   state   university
    41  construction  notes  previously issued by the housing finance agency; or
    42  (2) such bonds are issued to refund bonds  of  the  authority  or  other
    43  obligations  issued for state university educational facilities purposes
    44  and the present value of the aggregate debt  service  on  the  refunding
    45  bonds does not exceed the present value of the aggregate debt service on
    46  the bonds refunded thereby; provided, further that upon certification by
    47  the director of the budget that the issuance of refunding bonds or other
    48  obligations  issued between April first, nineteen hundred ninety-two and
    49  March thirty-first, nineteen hundred  ninety-three  will  generate  long
    50  term  economic  benefits  to  the  state, as assessed on a present value
    51  basis, such issuance will be deemed to have met the present  value  test
    52  noted  above. For purposes of this subdivision, the present value of the
    53  aggregate debt service of the refunding bonds  and  the  aggregate  debt
    54  service of the bonds refunded, shall be calculated by utilizing the true
    55  interest  cost  of the refunding bonds, which shall be that rate arrived
    56  at by doubling the semi-annual interest rate (compounded  semi-annually)

        S. 4005                            67                            A. 3005

     1  necessary  to  discount the debt service payments on the refunding bonds
     2  from the payment dates thereof to the date of  issue  of  the  refunding
     3  bonds  to  the purchase price of the refunding bonds, including interest
     4  accrued  thereon  prior  to  the  issuance thereof. The maturity of such
     5  bonds, other than bonds issued to refund outstanding  bonds,  shall  not
     6  exceed  the  weighted  average  economic life, as certified by the state
     7  university construction fund, of the facilities in connection with which
     8  the bonds are issued, and in any case not  later  than  the  earlier  of
     9  thirty  years  or  the  expiration of the term of any lease, sublease or
    10  other agreement relating  thereto;  provided  that  no  note,  including
    11  renewals  thereof,  shall mature later than five years after the date of
    12  issuance of such note. The legislature reserves the right  to  amend  or
    13  repeal  such  limit, and the state of New York, the dormitory authority,
    14  the state university of New York, and the state university  construction
    15  fund are prohibited from covenanting or making any other agreements with
    16  or  for  the  benefit  of bondholders which might in any way affect such
    17  right.
    18    § 32. Paragraph (c) of subdivision 14 of section 1680  of  the  public
    19  authorities  law,  as amended by section 35 of part FFF of chapter 56 of
    20  the laws of 2022, is amended to read as follows:
    21    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    22  thousand, (i) the dormitory authority shall  not  deliver  a  series  of
    23  bonds for city university community college facilities, except to refund
    24  or  to  be substituted for or in lieu of other bonds in relation to city
    25  university community college facilities pursuant to a resolution of  the
    26  dormitory  authority adopted before July first, nineteen hundred eighty-
    27  five or any resolution supplemental thereto, if the principal amount  of
    28  bonds  so  to  be  issued  when  added to all principal amounts of bonds
    29  previously issued by the dormitory authority for city university  commu-
    30  nity  college  facilities, except to refund or to be substituted in lieu
    31  of other bonds in relation to city university community college  facili-
    32  ties will exceed the sum of four hundred twenty-five million dollars and
    33  (ii)  the dormitory authority shall not deliver a series of bonds issued
    34  for city university facilities, including community college  facilities,
    35  pursuant  to a resolution of the dormitory authority adopted on or after
    36  July first, nineteen hundred eighty-five, except  to  refund  or  to  be
    37  substituted for or in lieu of other bonds in relation to city university
    38  facilities  and except for bonds issued pursuant to a resolution supple-
    39  mental to a resolution of the dormitory authority adopted prior to  July
    40  first, nineteen hundred eighty-five, if the principal amount of bonds so
    41  to  be  issued  when  added  to the principal amount of bonds previously
    42  issued pursuant to any such resolution, except bonds issued to refund or
    43  to be substituted for or in lieu of other  bonds  in  relation  to  city
    44  university  facilities,  will exceed [ten billion two hundred fifty-four
    45  million six hundred eighty-six thousand dollars  $10,254,686,000]    ten
    46  billion  eight  hundred  seventy  million six hundred fifty-two thousand
    47  dollars $10,870,652,000.  The legislature reserves the right to amend or
    48  repeal such limit, and the state of New York, the  dormitory  authority,
    49  the  city  university,  and  the fund are prohibited from covenanting or
    50  making any other agreements with or for the benefit of bondholders which
    51  might in any way affect such right.
    52    § 33. Subdivision 10-a of section 1680 of the public authorities  law,
    53  as  amended by section 36 of part FFF of chapter 56 of the laws of 2022,
    54  is amended to read as follows:
    55    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
    56  two  thousand, but notwithstanding any other provision of the law to the

        S. 4005                            68                            A. 3005

     1  contrary, the maximum amount of bonds and notes to be issued after March
     2  thirty-first, two thousand two, on behalf of the state, in  relation  to
     3  any  locally  sponsored  community  college,  shall  be [one billion one
     4  hundred   twenty-three   million  one  hundred  forty  thousand  dollars
     5  $1,123,140,000]  one billion two hundred  twenty-seven  million  ninety-
     6  five thousand dollars $1,227,095,000.  Such amount shall be exclusive of
     7  bonds and notes issued to fund any reserve fund or funds, costs of issu-
     8  ance  and to refund any outstanding bonds and notes, issued on behalf of
     9  the state, relating to a locally sponsored community college.
    10    § 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws
    11  of 1997, relating  to  the  financing  of  the  correctional  facilities
    12  improvement  fund and the youth facility improvement fund, as amended by
    13  section 37 of part FFF of chapter 56 of the laws of 2022, is amended  to
    14  read as follows:
    15    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    16  notwithstanding the provisions of section 18 of section 1 of chapter 174
    17  of the laws of 1968, the New York state urban development corporation is
    18  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    19  aggregate principal amount not to exceed [nine hundred sixty-two million
    20  seven  hundred fifteen thousand dollars $962,715,000]  one billion four-
    21  teen million seven hundred thirty-five thousand dollars  $1,014,735,000,
    22  which  authorization  increases the aggregate principal amount of bonds,
    23  notes and other obligations authorized by section 40 of chapter  309  of
    24  the  laws  of  1996,  and shall include all bonds, notes and other obli-
    25  gations issued pursuant to chapter 211 of the laws of 1990,  as  amended
    26  or  supplemented. The proceeds of such bonds, notes or other obligations
    27  shall be paid to the state, for deposit in the youth facilities improve-
    28  ment fund or the capital projects fund, to pay for all or any portion of
    29  the amount or amounts paid by the state from appropriations or  reappro-
    30  priations  made  to  the office of children and family services from the
    31  youth facilities improvement fund for capital  projects.  The  aggregate
    32  amount  of  bonds,  notes  and other obligations authorized to be issued
    33  pursuant to this section shall exclude bonds, notes or other obligations
    34  issued to refund or otherwise repay bonds, notes  or  other  obligations
    35  theretofore issued, the proceeds of which were paid to the state for all
    36  or a portion of the amounts expended by the state from appropriations or
    37  reappropriations  made  to  the  office of children and family services;
    38  provided, however, that upon any such refunding or repayment  the  total
    39  aggregate  principal  amount  of outstanding bonds, notes or other obli-
    40  gations may be  greater  than  [nine  hundred  sixty-two  million  seven
    41  hundred  fifteen  thousand  dollars  $962,715,000]  one billion fourteen
    42  million seven hundred thirty-five thousand dollars $1,014,735,000,  only
    43  if  the  present value of the aggregate debt service of the refunding or
    44  repayment bonds, notes or other  obligations  to  be  issued  shall  not
    45  exceed  the  present  value  of the aggregate debt service of the bonds,
    46  notes or other obligations so to be refunded or repaid. For the purposes
    47  hereof, the present value of the aggregate debt service of the refunding
    48  or repayment bonds, notes or other obligations and of the aggregate debt
    49  service of the bonds, notes or other obligations so refunded or  repaid,
    50  shall  be  calculated  by  utilizing  the effective interest rate of the
    51  refunding or repayment bonds, notes or other obligations, which shall be
    52  that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
    53  (compounded  semi-annually)  necessary  to  discount  the  debt  service
    54  payments on the refunding or repayment bonds, notes or other obligations
    55  from the payment dates thereof to the date of issue of the refunding  or
    56  repayment bonds, notes or other obligations and to the price bid includ-

        S. 4005                            69                            A. 3005

     1  ing  estimated  accrued interest or proceeds received by the corporation
     2  including estimated accrued interest from the sale thereof.
     3    §  35.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
     4  chapter 392 of the laws of 1973, constituting the New York state medical
     5  care facilities finance agency act, as amended by section 38 of part FFF
     6  of chapter 56 of the laws of 2022, is amended to read as follows:
     7    b. The agency shall have power and is hereby authorized from  time  to
     8  time  to  issue negotiable bonds and notes in conformity with applicable
     9  provisions of the uniform commercial code in such principal  amount  as,
    10  in  the  opinion  of  the  agency, shall be necessary, after taking into
    11  account other moneys which may be available for the purpose, to  provide
    12  sufficient  funds  to  the  facilities  development  corporation, or any
    13  successor agency, for the financing or refinancing of or for the design,
    14  construction, acquisition, reconstruction, rehabilitation or improvement
    15  of mental health services facilities pursuant to  paragraph  a  of  this
    16  subdivision,  the payment of interest on mental health services improve-
    17  ment bonds and mental health services improvement notes issued for  such
    18  purposes,  the establishment of reserves to secure such bonds and notes,
    19  the cost or premium of bond insurance or  the  costs  of  any  financial
    20  mechanisms  which  may  be used to reduce the debt service that would be
    21  payable by the agency on its mental health services facilities  improve-
    22  ment  bonds  and notes and all other expenditures of the agency incident
    23  to and necessary or convenient to providing the  facilities  development
    24  corporation,  or  any  successor agency, with funds for the financing or
    25  refinancing of or for any such design, construction, acquisition, recon-
    26  struction, rehabilitation or improvement and for the refunding of mental
    27  hygiene improvement bonds issued pursuant to section 47-b of the private
    28  housing finance law; provided, however, that the agency shall not  issue
    29  mental  health  services  facilities improvement bonds and mental health
    30  services facilities improvement notes in an aggregate  principal  amount
    31  exceeding  [ten  billion  nine  hundred  forty-two million eight hundred
    32  thirty-three  thousand  dollars  $10,942,833,000]  twelve  billion  four
    33  hundred   nine   million   one   hundred  fifty-seven  thousand  dollars
    34  $12,409,157,000, excluding mental health services facilities improvement
    35  bonds and mental health services facilities improvement notes issued  to
    36  refund  outstanding  mental health services facilities improvement bonds
    37  and mental  health  services  facilities  improvement  notes;  provided,
    38  however,  that  upon  any  such  refunding or repayment of mental health
    39  services facilities improvement  bonds  and/or  mental  health  services
    40  facilities  improvement  notes  the  total aggregate principal amount of
    41  outstanding mental health  services  facilities  improvement  bonds  and
    42  mental  health  facilities  improvement  notes  may be greater than [ten
    43  billion nine hundred forty-two million eight hundred thirty-three  thou-
    44  sand  dollars $10,942,833,000]  twelve million four hundred nine million
    45  one hundred  fifty-seven  thousand  dollars  $12,409,157,000,  only  if,
    46  except  as  hereinafter  provided with respect to mental health services
    47  facilities bonds and mental health services facilities notes  issued  to
    48  refund mental hygiene improvement bonds authorized to be issued pursuant
    49  to  the  provisions  of section 47-b of the private housing finance law,
    50  the present value of the aggregate debt  service  of  the  refunding  or
    51  repayment  bonds  to be issued shall not exceed the present value of the
    52  aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
    53  purposes hereof, the present values of the aggregate debt service of the
    54  refunding  or  repayment  bonds,  notes  or other obligations and of the
    55  aggregate debt service of the  bonds,  notes  or  other  obligations  so
    56  refunded  or  repaid,  shall  be  calculated  by utilizing the effective

        S. 4005                            70                            A. 3005

     1  interest rate of the refunding or repayment bonds, notes or other  obli-
     2  gations, which shall be that rate arrived at by doubling the semi-annual
     3  interest  rate (compounded semi-annually) necessary to discount the debt
     4  service  payments  on  the  refunding or repayment bonds, notes or other
     5  obligations from the payment dates thereof to the date of issue  of  the
     6  refunding  or  repayment  bonds,  notes  or other obligations and to the
     7  price bid including estimated accrued interest or proceeds  received  by
     8  the  authority including estimated accrued interest from the sale there-
     9  of. Such bonds, other than bonds issued  to  refund  outstanding  bonds,
    10  shall  be  scheduled  to  mature  over  a term not to exceed the average
    11  useful life, as certified by the facilities development corporation,  of
    12  the  projects  for which the bonds are issued, and in any case shall not
    13  exceed thirty years and the maximum maturity of notes  or  any  renewals
    14  thereof  shall not exceed five years from the date of the original issue
    15  of such notes. Notwithstanding the provisions of this section, the agen-
    16  cy shall have the power and is hereby authorized to issue mental  health
    17  services  facilities  improvement  bonds  and/or  mental health services
    18  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
    19  improvement  bonds authorized to be issued pursuant to the provisions of
    20  section 47-b of the private housing finance law and the amount of  bonds
    21  issued  or  outstanding  for  such  purposes  shall  not be included for
    22  purposes of determining the amount of  bonds  issued  pursuant  to  this
    23  section. The director of the budget shall allocate the aggregate princi-
    24  pal  authorized  to  be  issued by the agency among the office of mental
    25  health, office for  people  with  developmental  disabilities,  and  the
    26  office  of  addiction  services and supports, in consultation with their
    27  respective commissioners to finance bondable  appropriations  previously
    28  approved by the legislature.
    29    §  36.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
    30  laws of 2005, relating to providing for the  administration  of  certain
    31  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    32  section 39 of part FFF of chapter 56 of the laws of 2022, is amended  to
    33  read as follows:
    34    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    35  notwithstanding any provisions of law  to  the  contrary,  one  or  more
    36  authorized  issuers  as defined by section 68-a of the state finance law
    37  are hereby authorized to issue bonds or notes in one or more  series  in
    38  an  aggregate  principal  amount not to exceed [one hundred ninety-seven
    39  million dollars $197,000,000] two hundred  forty-seven  million  dollars
    40  $247,000,000, excluding bonds issued to finance one or more debt service
    41  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    42  notes issued to refund or otherwise repay such bonds or notes previously
    43  issued, for  the  purpose  of  financing  capital  projects  for  public
    44  protection  facilities  in  the  Division of Military and Naval Affairs,
    45  debt service and leases; and to reimburse the  state  general  fund  for
    46  disbursements  made  therefor.  Such  bonds and notes of such authorized
    47  issuer shall not be a debt of the state, and  the  state  shall  not  be
    48  liable  thereon,  nor  shall they be payable out of any funds other than
    49  those appropriated by the state  to  such  authorized  issuer  for  debt
    50  service  and  related expenses pursuant to any service contract executed
    51  pursuant to subdivision (b) of this section and  such  bonds  and  notes
    52  shall contain on the face thereof a statement to such effect. Except for
    53  purposes  of  complying  with  the  internal  revenue code, any interest
    54  income earned on bond proceeds shall only be used to pay debt service on
    55  such bonds.

        S. 4005                            71                            A. 3005

     1    § 37. Section 53 of section 1 of chapter 174  of  the  laws  of  1968,
     2  constituting  the  New  York state urban development corporation act, as
     3  amended by section 40 of part FFF of chapter 56 of the laws of 2022,  is
     4  amended to read as follows:
     5    §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
     6  contrary, the dormitory authority and the urban development  corporation
     7  are  hereby authorized to issue bonds or notes in one or more series for
     8  the purpose of funding project costs for the acquisition  of  equipment,
     9  including  but  not limited to the creation or modernization of informa-
    10  tion technology systems and related research and development  equipment,
    11  health and safety equipment, heavy equipment and machinery, the creation
    12  or  improvement  of security systems, and laboratory equipment and other
    13  state costs associated with such capital projects. The aggregate princi-
    14  pal amount of bonds authorized to be issued  pursuant  to  this  section
    15  shall   not   exceed   [three   hundred   ninety-three  million  dollars
    16  $393,000,000] four hundred ninety-three  million  dollars  $493,000,000,
    17  excluding  bonds  issued to fund one or more debt service reserve funds,
    18  to pay costs of issuance of such bonds, and bonds  or  notes  issued  to
    19  refund  or  otherwise  repay such bonds or notes previously issued. Such
    20  bonds and notes of the dormitory authority  and  the  urban  development
    21  corporation shall not be a debt of the state, and the state shall not be
    22  liable  thereon,  nor  shall they be payable out of any funds other than
    23  those appropriated by the state to the dormitory authority and the urban
    24  development corporation for principal, interest,  and  related  expenses
    25  pursuant to a service contract and such bonds and notes shall contain on
    26  the  face  thereof  a  statement  to such effect. Except for purposes of
    27  complying with the internal revenue code, any interest income earned  on
    28  bond proceeds shall only be used to pay debt service on such bonds.
    29    2.  Notwithstanding  any  other  provision  of law to the contrary, in
    30  order to assist the dormitory authority and the urban development corpo-
    31  ration in undertaking the financing for project costs for  the  acquisi-
    32  tion  of equipment, including but not limited to the creation or modern-
    33  ization of information  technology  systems  and  related  research  and
    34  development  equipment, health and safety equipment, heavy equipment and
    35  machinery, the creation or improvement of security systems, and  labora-
    36  tory  equipment  and  other  state  costs  associated  with such capital
    37  projects, the director of the budget is hereby authorized to enter  into
    38  one or more service contracts with the dormitory authority and the urban
    39  development  corporation,  none  of  which  shall exceed thirty years in
    40  duration, upon such terms and conditions as the director of  the  budget
    41  and the dormitory authority and the urban development corporation agree,
    42  so  as  to  annually  provide  to  the dormitory authority and the urban
    43  development corporation, in the aggregate, a sum not to exceed the prin-
    44  cipal, interest, and related expenses required for such bonds and notes.
    45  Any service contract entered into pursuant to this section shall provide
    46  that the obligation of the state to  pay  the  amount  therein  provided
    47  shall  not  constitute  a  debt  of  the state within the meaning of any
    48  constitutional or statutory provision and shall be deemed executory only
    49  to the extent of  monies  available  and  that  no  liability  shall  be
    50  incurred  by  the  state  beyond  the monies available for such purpose,
    51  subject to annual appropriation by the legislature. Any such contract or
    52  any payments made or to be made thereunder may be assigned  and  pledged
    53  by  the  dormitory  authority  and  the urban development corporation as
    54  security for its bonds and notes, as authorized by this section.
    55    § 38. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    56  1991,  amending  the  state  finance  law and other laws relating to the

        S. 4005                            72                            A. 3005

     1  establishment of the dedicated highway and bridge trust fund, as amended
     2  by section 41 of part FFF of chapter 56 of the laws of 2022, is  amended
     3  to read as follows:
     4    (b) Any service contract or contracts for projects authorized pursuant
     5  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
     6  14-k of the transportation law, and entered into pursuant to subdivision
     7  (a) of this section, shall provide  for  state  commitments  to  provide
     8  annually  to  the  thruway  authority a sum or sums, upon such terms and
     9  conditions as shall be deemed appropriate by the director of the budget,
    10  to fund, or fund the debt service requirements of any bonds or any obli-
    11  gations of the thruway authority issued to  fund  or  to  reimburse  the
    12  state for funding such projects having a cost not in excess of [thirteen
    13  billion  fifty-three  million  eight hundred eighty-one thousand dollars
    14  $13,053,881,000] thirteen billion eight hundred forty-seven million  two
    15  hundred thirty-four thousand dollars $13,847,234,000 cumulatively by the
    16  end of fiscal year [2022-23] 2023-24.  For purposes of this subdivision,
    17  such projects shall be deemed to include capital grants to cities, towns
    18  and  villages  for  the reimbursement of eligible capital costs of local
    19  highway and bridge projects within such municipality, where  allocations
    20  to  cities, towns and villages are based on the total number of New York
    21  or United States or interstate signed touring route miles for which such
    22  municipality has capital  maintenance  responsibility,  and  where  such
    23  eligible  capital  costs include the costs of construction and repair of
    24  highways, bridges, highway-railroad crossings, and other  transportation
    25  facilities for projects with a service life of ten years or more.
    26    §  39.  Subdivision 1 of section 1689-i of the public authorities law,
    27  as amended by section 42 of part FFF of chapter 56 of the laws of  2022,
    28  is amended to read as follows:
    29    1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
    30  request of the commissioner of education, to  finance  eligible  library
    31  construction projects pursuant to section two hundred seventy-three-a of
    32  the  education  law,  in  amounts  certified by such commissioner not to
    33  exceed a total principal amount of [three hundred  thirty-three  million
    34  dollars   $333,000,000]   three   hundred  forty-seven  million  dollars
    35  $347,000,000.
    36    § 40. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
    37  constituting  the  New  York state urban development corporation act, as
    38  amended by section 43 of part FFF of chapter 56 of the laws of 2022,  is
    39  amended to read as follows:
    40    §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
    41  provisions of any other law to the contrary, the dormitory authority and
    42  the corporation are hereby authorized to issue bonds or notes in one  or
    43  more  series  for  the purpose of funding project costs for the regional
    44  economic development council  initiative,  the  economic  transformation
    45  program,  state university of New York college for nanoscale and science
    46  engineering, projects within the city of Buffalo  or  surrounding  envi-
    47  rons,  the  New  York  works economic development fund, projects for the
    48  retention of professional football in western New York, the empire state
    49  economic development fund, the  clarkson-trudeau  partnership,  the  New
    50  York  genome  center, the cornell university college of veterinary medi-
    51  cine, the olympic  regional  development  authority,  projects  at  nano
    52  Utica,  onondaga  county  revitalization projects, Binghamton university
    53  school of pharmacy, New York power electronics manufacturing consortium,
    54  regional infrastructure projects,  high  tech  innovation  and  economic
    55  development   infrastructure   program,  high  technology  manufacturing
    56  projects in Chautauqua and Erie county, an industrial scale research and

        S. 4005                            73                            A. 3005

     1  development facility in Clinton county,  upstate  revitalization  initi-
     2  ative  projects,  downstate  revitalization  initiative, market New York
     3  projects, fairground buildings, equipment or facilities  used  to  house
     4  and  promote  agriculture,  the  state fair, the empire state trail, the
     5  moynihan station development project, the  Kingsbridge  armory  project,
     6  strategic  economic  development projects, the cultural, arts and public
     7  spaces fund, water infrastructure in the city  of  Auburn  and  town  of
     8  Owasco,  a  life  sciences laboratory public health initiative, not-for-
     9  profit pounds, shelters and humane societies, arts and cultural  facili-
    10  ties  improvement  program,  restore  New York's communities initiative,
    11  heavy  equipment,  economic  development  and  infrastructure  projects,
    12  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    13  regional projects, Pennsylvania  station  and  other  transit  projects,
    14  athletic  facilities for professional football in Orchard Park, New York
    15  and other state costs associated with such projects. The aggregate prin-
    16  cipal amount of bonds authorized to be issued pursuant to  this  section
    17  shall not exceed [fourteen billion nine hundred sixty-eight million four
    18  hundred  two  thousand  dollars  $14,968,402,000]  sixteen  billion nine
    19  hundred  seventy-two  million   six   hundred   two   thousand   dollars
    20  $16,972,602,000, excluding bonds issued to fund one or more debt service
    21  reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
    22  notes issued to refund or otherwise repay such bonds or notes previously
    23  issued. Such bonds and notes of the dormitory authority and  the  corpo-
    24  ration  shall  not  be  a  debt of the state, and the state shall not be
    25  liable thereon, nor shall they be payable out of any  funds  other  than
    26  those  appropriated  by  the  state  to  the dormitory authority and the
    27  corporation for principal, interest, and related expenses pursuant to  a
    28  service  contract  and  such  bonds  and notes shall contain on the face
    29  thereof a statement to such effect. Except  for  purposes  of  complying
    30  with  the  internal  revenue  code,  any  interest income earned on bond
    31  proceeds shall only be used to pay debt service on such bonds.
    32    2. Notwithstanding any other provision of  law  to  the  contrary,  in
    33  order to assist the dormitory authority and the corporation in undertak-
    34  ing  the  financing for project costs for the regional economic develop-
    35  ment council initiative,  the  economic  transformation  program,  state
    36  university  of  New  York college for nanoscale and science engineering,
    37  projects within the city of Buffalo or  surrounding  environs,  the  New
    38  York  works  economic  development  fund,  projects for the retention of
    39  professional football in western New York,  the  empire  state  economic
    40  development  fund, the clarkson-trudeau partnership, the New York genome
    41  center, the cornell university college of veterinary medicine, the olym-
    42  pic regional development authority, projects  at  nano  Utica,  onondaga
    43  county  revitalization projects, Binghamton university school of pharma-
    44  cy,  New  York  power  electronics  manufacturing  consortium,  regional
    45  infrastructure  projects,  New York State Capital Assistance Program for
    46  Transportation, infrastructure,  and  economic  development,  high  tech
    47  innovation  and  economic development infrastructure program, high tech-
    48  nology manufacturing projects in Chautauqua and Erie county,  an  indus-
    49  trial scale research and development facility in Clinton county, upstate
    50  revitalization initiative projects, downstate revitalization initiative,
    51  market  New York projects, fairground buildings, equipment or facilities
    52  used to house and promote agriculture, the state fair, the empire  state
    53  trail,  the moynihan station development project, the Kingsbridge armory
    54  project, strategic economic development projects, the cultural, arts and
    55  public spaces fund, water infrastructure in the city of Auburn and  town
    56  of Owasco, a life sciences laboratory public health initiative, not-for-

        S. 4005                            74                            A. 3005

     1  profit  pounds, shelters and humane societies, arts and cultural facili-
     2  ties improvement program, restore  New  York's  communities  initiative,
     3  heavy  equipment,  economic  development  and  infrastructure  projects,
     4  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
     5  regional projects, Pennsylvania  station  and  other  transit  projects,
     6  athletic  facilities for professional football in Orchard Park, New York
     7  and other state costs associated with such projects the director of  the
     8  budget  is hereby authorized to enter into one or more service contracts
     9  with the dormitory authority and the corporation, none  of  which  shall
    10  exceed  thirty  years in duration, upon such terms and conditions as the
    11  director of the budget and the dormitory authority and  the  corporation
    12  agree,  so  as  to  annually  provide to the dormitory authority and the
    13  corporation, in the aggregate, a sum not to exceed the principal, inter-
    14  est, and related expenses required for such bonds and notes. Any service
    15  contract entered into pursuant to this section shall  provide  that  the
    16  obligation  of  the  state  to pay the amount therein provided shall not
    17  constitute a debt of the state within the meaning of any  constitutional
    18  or  statutory provision and shall be deemed executory only to the extent
    19  of monies available and that no liability shall be incurred by the state
    20  beyond the monies available for such purpose, subject to  annual  appro-
    21  priation  by  the legislature. Any such contract or any payments made or
    22  to be made thereunder may be  assigned  and  pledged  by  the  dormitory
    23  authority  and  the  corporation as security for its bonds and notes, as
    24  authorized by this section.
    25    § 41. Subdivision 1 of section 386-b of the public authorities law, as
    26  amended by section 44 of part FFF of chapter 56 of the laws of 2022,  is
    27  amended to read as follows:
    28    1.  Notwithstanding  any  other  provision of law to the contrary, the
    29  authority, the dormitory authority and the urban development corporation
    30  are hereby authorized to issue bonds or notes in one or more series  for
    31  the  purpose  of  financing  peace  bridge projects and capital costs of
    32  state and local highways, parkways, bridges, the New York state thruway,
    33  Indian reservation roads, and facilities, and transportation infrastruc-
    34  ture  projects  including  aviation  projects,  non-MTA   mass   transit
    35  projects,  and rail service preservation projects, including work appur-
    36  tenant and ancillary thereto. The aggregate principal  amount  of  bonds
    37  authorized  to  be issued pursuant to this section shall not exceed [ten
    38  billion one hundred forty-seven million eight hundred sixty-three  thou-
    39  sand dollars $10,147,863,000] twelve billion three hundred eight million
    40  three  hundred  eleven thousand dollars $12,308,311,000, excluding bonds
    41  issued to fund one or more debt service reserve funds, to pay  costs  of
    42  issuance  of  such bonds, and to refund or otherwise repay such bonds or
    43  notes previously issued.  Such bonds and notes  of  the  authority,  the
    44  dormitory authority and the urban development corporation shall not be a
    45  debt  of the state, and the state shall not be liable thereon, nor shall
    46  they be payable out of any funds other than those  appropriated  by  the
    47  state  to  the authority, the dormitory authority and the urban develop-
    48  ment corporation for principal, interest, and related expenses  pursuant
    49  to a service contract and such bonds and notes shall contain on the face
    50  thereof  a  statement  to  such effect. Except for purposes of complying
    51  with the internal revenue code,  any  interest  income  earned  on  bond
    52  proceeds shall only be used to pay debt service on such bonds.
    53    §  42.  Paragraph  (a) of subdivision 2 of section 47-e of the private
    54  housing finance law, as amended by section 45 of part FFF of chapter  56
    55  of the laws of 2022, is amended to read as follows:

        S. 4005                            75                            A. 3005

     1    (a) Subject to the provisions of chapter fifty-nine of the laws of two
     2  thousand,  in  order  to  enhance and encourage the promotion of housing
     3  programs and thereby achieve the stated purposes and objectives of  such
     4  housing  programs, the agency shall have the power and is hereby author-
     5  ized  from  time  to  time to issue negotiable housing program bonds and
     6  notes in such principal amount as shall be necessary to  provide  suffi-
     7  cient  funds  for the repayment of amounts disbursed (and not previously
     8  reimbursed) pursuant to law or any prior year making  capital  appropri-
     9  ations  or  reappropriations  for  the  purposes of the housing program;
    10  provided, however, that the agency may issue such bonds and notes in  an
    11  aggregate  principal  amount  not exceeding [thirteen billion eighty-two
    12  million eight hundred ninety-one thousand dollars $13,082,891,000] thir-
    13  teen billion seven hundred million seven hundred five  thousand  dollars
    14  $13,700,705,000,  plus  a  principal  amount of bonds issued to fund the
    15  debt service reserve fund in accordance with the  debt  service  reserve
    16  fund  requirement  established  by  the  agency  and  to  fund any other
    17  reserves that the agency reasonably deems necessary for the security  or
    18  marketability  of  such bonds and to provide for the payment of fees and
    19  other charges and expenses, including  underwriters'  discount,  trustee
    20  and rating agency fees, bond insurance, credit enhancement and liquidity
    21  enhancement  related to the issuance of such bonds and notes. No reserve
    22  fund securing the housing program bonds shall be entitled or eligible to
    23  receive state funds apportioned or appropriated to maintain  or  restore
    24  such  reserve  fund at or to a particular level, except to the extent of
    25  any deficiency resulting directly or indirectly from a  failure  of  the
    26  state to appropriate or pay the agreed amount under any of the contracts
    27  provided for in subdivision four of this section.
    28    §  43.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
    29  laws of 1968, constituting the New York state urban  development  corpo-
    30  ration  act,  as  amended by section 46 of part FFF of chapter 56 of the
    31  laws of 2022, is amended to read as follows:
    32    1. Notwithstanding the provisions of any other law  to  the  contrary,
    33  the dormitory authority and the urban development corporation are hereby
    34  authorized to issue bonds or notes in one or more series for the purpose
    35  of  funding project costs undertaken by or on behalf of the state educa-
    36  tion department, special act school districts,  state-supported  schools
    37  for  the  blind  and  deaf,  approved private special education schools,
    38  non-public schools, community centers, day care facilities,  residential
    39  camps, day camps, Native American Indian Nation schools, and other state
    40  costs  associated  with  such capital projects.  The aggregate principal
    41  amount of bonds authorized to be issued pursuant to this  section  shall
    42  not  exceed  [three  hundred  one million seven hundred thousand dollars
    43  $301,700,000] three hundred twenty-one million seven hundred ninety-nine
    44  thousand dollars $321,799,000, excluding bonds issued  to  fund  one  or
    45  more debt service reserve funds, to pay costs of issuance of such bonds,
    46  and  bonds  or  notes  issued to refund or otherwise repay such bonds or
    47  notes previously issued. Such bonds and notes of the dormitory authority
    48  and the urban development corporation shall not be a debt of the  state,
    49  and the state shall not be liable thereon, nor shall they be payable out
    50  of any funds other than those appropriated by the state to the dormitory
    51  authority and the urban development corporation for principal, interest,
    52  and  related  expenses pursuant to a service contract and such bonds and
    53  notes shall contain on the face thereof  a  statement  to  such  effect.
    54  Except  for  purposes  of  complying with the internal revenue code, any
    55  interest income earned on bond proceeds shall only be used to  pay  debt
    56  service on such bonds.

        S. 4005                            76                            A. 3005

     1    §  44.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
     2  laws of 1968, constituting the New York state urban  development  corpo-
     3  ration  act,  as  amended by section 47 of part FFF of chapter 56 of the
     4  laws of 2022, is amended to read as follows:
     5    1.  Notwithstanding  the  provisions of any other law to the contrary,
     6  the dormitory authority and the corporation  are  hereby  authorized  to
     7  issue  bonds  or  notes in one or more series for the purpose of funding
     8  project costs for the office of information technology services, depart-
     9  ment of  law,  and  other  state  costs  associated  with  such  capital
    10  projects.  The  aggregate  principal  amount  of  bonds authorized to be
    11  issued pursuant to this  section  shall  not  exceed  [one  billion  one
    12  hundred  fifty-two  million  five  hundred  sixty-six  thousand  dollars
    13  $1,152,566,000] one  billion  two  hundred  eighty-eight  million  eight
    14  hundred  fifty-two  thousand  dollars  $1,288,852,000,  excluding  bonds
    15  issued to fund one or more debt service reserve funds, to pay  costs  of
    16  issuance of such bonds, and bonds or notes issued to refund or otherwise
    17  repay such bonds or notes previously issued. Such bonds and notes of the
    18  dormitory  authority  and  the  corporation  shall  not be a debt of the
    19  state, and the state shall not be liable  thereon,  nor  shall  they  be
    20  payable  out  of any funds other than those appropriated by the state to
    21  the dormitory authority and the corporation for principal, interest, and
    22  related expenses pursuant to a service contract and such bonds and notes
    23  shall contain on the face thereof a statement to such effect. Except for
    24  purposes of complying with  the  internal  revenue  code,  any  interest
    25  income earned on bond proceeds shall only be used to pay debt service on
    26  such bonds.
    27    §  45.  Paragraph  (b)  of  subdivision 1 of section 385 of the public
    28  authorities law, as amended by section 48 of part FFF of chapter  56  of
    29  the laws of 2022, is amended to read as follows:
    30    (b)  The  authority  is  hereby  authorized,  as  additional corporate
    31  purposes thereof solely upon the request of the director of the  budget:
    32  (i)  to  issue special emergency highway and bridge trust fund bonds and
    33  notes for a term not to exceed thirty years  and  to  incur  obligations
    34  secured by the moneys appropriated from the dedicated highway and bridge
    35  trust  fund  established  in  section eighty-nine-b of the state finance
    36  law; (ii) to make available the proceeds in accordance with instructions
    37  provided by the director of the budget from the  sale  of  such  special
    38  emergency  highway  and  bridge  trust  fund bonds, notes or other obli-
    39  gations, net of all costs to the authority in connection therewith,  for
    40  the  purposes  of  financing all or a portion of the costs of activities
    41  for which moneys in the dedicated highway and bridge trust  fund  estab-
    42  lished  in section eighty-nine-b of the state finance law are authorized
    43  to be utilized or for the financing of disbursements made by  the  state
    44  for  the  activities authorized pursuant to section eighty-nine-b of the
    45  state finance law; and (iii) to enter into agreements with  the  commis-
    46  sioner  of  transportation  pursuant to section ten-e of the highway law
    47  with respect to financing for  any  activities  authorized  pursuant  to
    48  section  eighty-nine-b  of the state finance law, or agreements with the
    49  commissioner of transportation pursuant to sections ten-f and  ten-g  of
    50  the highway law in connection with activities on state highways pursuant
    51  to  these sections, and (iv) to enter into service contracts, contracts,
    52  agreements, deeds and leases with the director  of  the  budget  or  the
    53  commissioner  of  transportation  and  project  sponsors  and  others to
    54  provide for the financing by  the  authority  of  activities  authorized
    55  pursuant  to section eighty-nine-b of the state finance law, and each of
    56  the director of the budget and the commissioner  of  transportation  are

        S. 4005                            77                            A. 3005

     1  hereby  authorized  to  enter  into service contracts, contracts, agree-
     2  ments, deeds and leases with the authority, project sponsors  or  others
     3  to  provide  for such financing. The authority shall not issue any bonds
     4  or  notes  in  an  amount  in  excess of [nineteen billion seven hundred
     5  seventy-six   million   nine    hundred    twenty    thousand    dollars
     6  $19,776,920,000]  twenty  billion  six  hundred forty-eight million five
     7  hundred seven thousand dollars $20,648,507,000, plus a principal  amount
     8  of  bonds  or  notes:  (A) to fund capital reserve funds; (B) to provide
     9  capitalized interest; and, (C) to  fund  other  costs  of  issuance.  In
    10  computing  for the purposes of this subdivision, the aggregate amount of
    11  indebtedness evidenced by bonds and notes of the authority issued pursu-
    12  ant to this section, as amended by a chapter of  the  laws  of  nineteen
    13  hundred ninety-six, there shall be excluded the amount of bonds or notes
    14  issued  that  would constitute interest under the United States Internal
    15  Revenue Code of 1986, as amended, and the amount of indebtedness  issued
    16  to refund or otherwise repay bonds or notes.
    17    §  46.  Subdivision 1 of section 1680-r of the public authorities law,
    18  as amended by section 50 of part FFF of chapter 56 of the laws of  2022,
    19  is amended to read as follows:
    20    1.  Notwithstanding  the  provisions of any other law to the contrary,
    21  the dormitory authority and the urban development corporation are hereby
    22  authorized to issue bonds or notes in one or more series for the purpose
    23  of funding project costs for the capital restructuring financing program
    24  for health care and related facilities licensed pursuant to  the  public
    25  health  law  or  the mental hygiene law and other state costs associated
    26  with such capital projects,  the  health  care  facility  transformation
    27  programs,  the  essential health care provider program, and other health
    28  care capital project costs. The  aggregate  principal  amount  of  bonds
    29  authorized  to be issued pursuant to this section shall not exceed [four
    30  billion six hundred fifty-three  million  dollars  $4,653,000,000]  five
    31  billion  one hundred fifty-three million dollars $5,153,000,000, exclud-
    32  ing bonds issued to fund one or more debt service reserve funds, to  pay
    33  costs  of issuance of such bonds, and bonds or notes issued to refund or
    34  otherwise repay such bonds or notes previously issued.  Such  bonds  and
    35  notes  of  the dormitory authority and the urban development corporation
    36  shall not be a debt of the state, and the  state  shall  not  be  liable
    37  thereon,  nor  shall  they  be payable out of any funds other than those
    38  appropriated by the state to  the  dormitory  authority  and  the  urban
    39  development  corporation  for  principal, interest, and related expenses
    40  pursuant to a service contract and such bonds and notes shall contain on
    41  the face thereof a statement to such  effect.  Except  for  purposes  of
    42  complying  with the internal revenue code, any interest income earned on
    43  bond proceeds shall only be used to pay debt service on such bonds.
    44    § 47. Subdivision 1 of section 1680-k of the public  authorities  law,
    45  as  amended by section 51 of part FFF of chapter 56 of the laws of 2022,
    46  is amended to read as follows:
    47    1. Subject to the provisions of chapter fifty-nine of the laws of  two
    48  thousand, but notwithstanding any provisions of law to the contrary, the
    49  dormitory  authority is hereby authorized to issue bonds or notes in one
    50  or more series in an aggregate principal amount  not  to  exceed  [forty
    51  million  eight  hundred  thirty  thousand  dollars  ($40,830,000)] forty
    52  million nine hundred forty-five thousand dollars $40,945,000,  excluding
    53  bonds  issued  to finance one or more debt service reserve funds, to pay
    54  costs of issuance of such bonds, and bonds or notes issued to refund  or
    55  otherwise  repay  such bonds or notes previously issued, for the purpose
    56  of financing the construction of the  New  York  state  agriculture  and

        S. 4005                            78                            A. 3005

     1  markets  food laboratory. Eligible project costs may include, but not be
     2  limited to the cost of  design,  financing,  site  investigations,  site
     3  acquisition  and  preparation, demolition, construction, rehabilitation,
     4  acquisition of machinery and equipment, and infrastructure improvements.
     5  Such  bonds  and notes of such authorized issuers shall not be a debt of
     6  the state, and the state shall not be liable thereon, nor shall they  be
     7  payable  out  of any funds other than those appropriated by the state to
     8  such authorized issuers for debt service and related  expenses  pursuant
     9  to  any  service  contract  executed pursuant to subdivision two of this
    10  section and such bonds and notes shall contain on  the  face  thereof  a
    11  statement  to  such  effect.  Except  for purposes of complying with the
    12  internal revenue code, any interest income earned on bond proceeds shall
    13  only be used to pay debt service on such bonds.
    14    § 48. Paragraph (b) of subdivision 1 of section 54-b of section  1  of
    15  chapter  174  of the laws of 1968, constituting the New York state urban
    16  development corporation act, as added by section 54 of part FFF of chap-
    17  ter 56 of the laws of 2022, is amended to read as follows:
    18    (b) Notwithstanding any  other  provision  of  law  to  the  contrary,
    19  including,  specifically,  the  provisions  of chapter 59 of the laws of
    20  2000 and section sixty-seven-b of the state finance law,  the  dormitory
    21  authority  of  the  state  of  New  York  and the corporation are hereby
    22  authorized to issue personal income tax revenue anticipation notes  with
    23  a maturity no later than March 31, [2023] 2024, in one or more series in
    24  an  aggregate  principal amount for each fiscal year not to exceed three
    25  billion dollars, and to pay costs of issuance of  such  notes,  for  the
    26  purpose  of  temporarily  financing  budgetary  needs of the state. Such
    27  purpose shall constitute an authorized purpose under subdivision two  of
    28  section sixty-eight-a of the state finance law for all purposes of arti-
    29  cle five-C of the state finance law with respect to the notes authorized
    30  by  this  paragraph.  Such  notes  shall  not  be  renewed,  extended or
    31  refunded. For so long as any notes authorized by this paragraph shall be
    32  outstanding, the restrictions, limitations and requirements contained in
    33  article five-B of the state finance law shall not apply.
    34    § 49. Paragraph (c) of subdivision 1 of section 55-b of section  1  of
    35  chapter  174  of the laws of 1968, constituting the New York state urban
    36  development corporation act, as added by section 55 of part FFF of chap-
    37  ter 56 of the laws of 2022, is amended to read as follows:
    38    (c) Notwithstanding any  other  provision  of  law  to  the  contrary,
    39  including,  specifically,  the  provisions  of chapter 59 of the laws of
    40  2000 and section 67-b of the state finance law, the dormitory  authority
    41  of  the  state  of  New  York  and the urban development corporation are
    42  authorized until March 31, [2023] 2024 to: (i) enter into  one  or  more
    43  line of credit facilities not in excess of two billion dollars in aggre-
    44  gate  principal amount; (ii) draw, at one or more times at the direction
    45  of the director of the budget, upon such line of credit  facilities  and
    46  provide  to  the state the amounts so drawn for the purpose of assisting
    47  the state to temporarily finance its budgetary needs; provided, however,
    48  that the total principal amounts of such  draws  for  each  fiscal  year
    49  shall  not exceed two billion dollars; and (iii) secure repayment of all
    50  draws under such line of credit facilities and the  payment  of  related
    51  expenses  and  fees,  which  repayment and payment obligations shall not
    52  constitute a debt of the state within the meaning of any  constitutional
    53  or  statutory provision and shall be deemed executory only to the extent
    54  moneys are available and that no liability  shall  be  incurred  by  the
    55  state  beyond  the  moneys  available  for  such  purpose, and that such
    56  payment obligation is subject to annual appropriation  by  the  legisla-

        S. 4005                            79                            A. 3005

     1  ture.  Any line of credit facility agreements entered into by the dormi-
     2  tory authority of the state of New York  and/or  the  urban  development
     3  corporation  with  financial  institutions  pursuant to this section may
     4  contain such provisions that the dormitory authority of the state of New
     5  York  and/or the urban development corporation deem necessary or desira-
     6  ble for the establishment of such credit facilities.   The maximum  term
     7  of any line of credit facility shall be one year from the date of incur-
     8  rence; provided however that no draw on any such line of credit facility
     9  shall  occur  after March 31, [2023] 2024, and provided further that any
    10  such line of credit facility whose term extends beyond March 31,  [2023]
    11  2024 shall be supported by sufficient appropriation authority enacted by
    12  the legislature that provides for the repayment of all amounts drawn and
    13  remaining  unpaid as of March 31, [2023] 2024, as well as the payment of
    14  related expenses and fees incurred and to become due and payable by  the
    15  dormitory  authority  of the state of New York and/or the urban develop-
    16  ment corporation.
    17    § 50. Subdivision 2 of section 58 of section 1 of chapter 174  of  the
    18  laws  of  1968, constituting the New York state urban development corpo-
    19  ration act, as added by section 56 of part FFF of chapter 56 of the laws
    20  of 2022, is amended to read as follows:
    21    2. Definitions. When used in this section:
    22    (a) "Commission" shall mean  the  gateway  development  commission,  a
    23  bi-state  commission and a body corporate and politic established by the
    24  state of New Jersey and the state of New  York,  acting  in  the  public
    25  interest  and  exercising essential governmental functions in accordance
    26  with the Gateway development commission act, and any successor thereto.
    27    (b) "Federal transportation loan" shall mean one or more loans made to
    28  the commission to finance the Hudson tunnel project under or pursuant to
    29  any U.S. Department of Transportation program or act, including but  not
    30  limited  to  the Railroad Rehabilitation & Improvement Financing Program
    31  or the Transportation Infrastructure Finance and Innovation  Act,  which
    32  loan or loans are related to the state capital commitment.
    33    (c) "Gateway development commission act" shall mean chapter 108 of the
    34  laws of New York, 2019, as amended.
    35    (d) "Gateway project" shall mean the Hudson tunnel project.
    36    (e)  "Hudson  tunnel  project"  shall  mean  the project consisting of
    37  construction of a tunnel connecting the  states  of  New  York  and  New
    38  Jersey  and  the  completion  of  certain ancillary facilities including
    39  construction of concrete casing at Hudson Yards in Manhattan,  New  York
    40  and the rehabilitation of the existing North River Tunnels.
    41    (f)  "State  capital  commitment"  shall  mean  an aggregate principal
    42  amount not to exceed [$2,350,000,000] $2,850,000,000, plus any  interest
    43  costs,  including  capitalized  interest,  and related expenses and fees
    44  payable by the state of New York to the commission  under  one  or  more
    45  service  contracts or other agreements pursuant to this section, as well
    46  as any expenses of the state incurred in connection therewith.
    47    (g) "Related expenses and fees" shall mean commitment fees  and  other
    48  ancillary costs, expenses and fees incurred, and to become due and paya-
    49  ble,  by  the  commission  in connection with the Federal transportation
    50  loan.
    51    § 51. Notwithstanding any law to  the  contrary,  the  comptroller  is
    52  hereby authorized and directed to transfer, upon request of the director
    53  of  the  budget,  on or before March 31, 2024 the following amounts from
    54  the following special revenue accounts or enterprise funds to the gener-
    55  al fund, for the  purposes of offsetting principal and  interest  costs,
    56  incurred  by  the  state  pursuant  to  section fifty-three of this act,

        S. 4005                            80                            A. 3005

     1  provided that the annual amount of the transfer shall be  no  more  than
     2  the  principal  and  interest  that would have otherwise been due to the
     3  power authority of the state of New York, from any state  agency,  in  a
     4  given state fiscal year.  Amounts pertaining to special revenue accounts
     5  assigned  to the state university of New York shall be considered inter-
     6  changeable between the designated special revenue accounts  as  to  meet
     7  the requirements of this section and section fifty-three of this act:
     8    1.  $15,000,000  from  the  miscellaneous  special revenue fund, state
     9  university general income reimbursable account (22653).
    10    2. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
    11  university dormitory income reimbursable account (21937).
    12    3. $5,000,000 from the enterprise fund, city university senior college
    13  operating fund (60851).
    14    §  52.  Section  59  of  section 1 of chapter 174 of the laws of 1968,
    15  constituting the New York state urban development  corporation  act,  as
    16  added  by  section  59 of part FFF of chapter 56 of the laws of 2022, is
    17  amended to read as follows:
    18    § 59. The dormitory authority of the state of New York, the  New  York
    19  state  urban  development  corporation,  and  the New York state thruway
    20  authority are hereby authorized to issue bonds in  one  or  more  series
    21  under either article 5-C or article 5-F of the state finance law for the
    22  purpose  of refunding obligations of the power authority of the state of
    23  New York to fund energy efficiency projects at state agencies including,
    24  but not limited to, the state university of New York, city university of
    25  New York, the New York state office of general services, New York  state
    26  office  of mental health, state education department, and New York state
    27  department of agriculture and markets.  The aggregate  principal  amount
    28  of  bonds  authorized  to  be  issued pursuant to this section shall not
    29  exceed [two hundred million dollars ($200,000,000)] four hundred  seven-
    30  ty-five  million  dollars  ($475,000,000), excluding bonds issued to pay
    31  costs of issuance of such bonds and to refund or  otherwise  repay  such
    32  bonds.  Such bonds issued by the dormitory authority of the state of New
    33  York, the New York state urban development  corporation,  and  New  York
    34  state  thruway authority shall not be a debt of the state, and the state
    35  shall not be liable thereon, nor shall they be payable out of any  funds
    36  other  than those appropriated by the state under article 5-C or article
    37  5-F of the state finance law, as applicable.
    38    § 53. Subdivision 1 of section 386-a of the public authorities law, as
    39  amended by section 49 of part FFF of chapter 56 of the laws of 2022,  is
    40  amended to read as follows:
    41    1.  Notwithstanding  any  other  provision of law to the contrary, the
    42  authority, the dormitory authority and the urban development corporation
    43  are hereby authorized to issue bonds or notes in one or more series  for
    44  the  purpose  of  assisting the metropolitan transportation authority in
    45  the financing of transportation facilities  as  defined  in  subdivision
    46  seventeen  of  section twelve hundred sixty-one of this chapter or other
    47  capital projects. The aggregate principal amount of bonds authorized  to
    48  be  issued pursuant to this section shall not exceed twelve billion five
    49  hundred  fifteen  million  eight  hundred  fifty-six  thousand   dollars
    50  $12,515,856,000, excluding bonds issued to fund one or more debt service
    51  reserve  funds, to pay costs of issuance of such bonds, and to refund or
    52  otherwise repay such bonds or notes previously issued.  Such  bonds  and
    53  notes  of  the authority, the dormitory authority and the urban develop-
    54  ment corporation shall not be a debt of the state, and the  state  shall
    55  not  be liable thereon, nor shall they be payable out of any funds other
    56  than those appropriated by the state to  the  authority,  the  dormitory

        S. 4005                            81                            A. 3005

     1  authority and the urban development corporation for principal, interest,
     2  and  related  expenses pursuant to a service contract and such bonds and
     3  notes shall contain on the face thereof  a  statement  to  such  effect.
     4  Except  for  purposes  of  complying with the internal revenue code, any
     5  interest income earned on bond proceeds shall only be used to  pay  debt
     6  service  on  such bonds.   Notwithstanding any other provision of law to
     7  the contrary, including the limitations contained in subdivision four of
     8  section sixty-seven-b of the state finance law, (A) any bonds and  notes
     9  issued  prior  to  April  first, two thousand [twenty-three] twenty-four
    10  pursuant to this section may be issued with a maximum maturity of  fifty
    11  years,  and  (B)  any bonds issued to refund such bonds and notes may be
    12  issued with a maximum maturity of fifty years from the  respective  date
    13  of original issuance of such bonds and notes.
    14    §  54.  Paragraph  (b)  of  subdivision  4  of section 72 of the state
    15  finance law, as amended by section 46 of part JJ of chapter  56  of  the
    16  laws of 2020, is amended to read as follows:
    17    (b)  On  or  before the beginning of each quarter, the director of the
    18  budget may certify to the state  comptroller  the  estimated  amount  of
    19  monies  that  shall be reserved in the general debt service fund for the
    20  payment of debt service and related expenses payable by such fund during
    21  each month of the state fiscal year, excluding  payments  due  from  the
    22  revenue  bond tax fund. Such certificate may be periodically updated, as
    23  necessary. Notwithstanding any provision of law  to  the  contrary,  the
    24  state  comptroller  shall  reserve  in the general debt service fund the
    25  amount of monies identified on such certificate  as  necessary  for  the
    26  payment  of debt service and related expenses during the current or next
    27  succeeding quarter of the state fiscal year. Such monies reserved  shall
    28  not  be  available  for  any  other  purpose.  Such certificate shall be
    29  reported to the chairpersons of the Senate  Finance  Committee  and  the
    30  Assembly  Ways  and  Means  Committee. [The provisions of this paragraph
    31  shall expire June thirtieth, two thousand twenty-three.]
    32    § 55. This act shall take effect immediately and shall  be  deemed  to
    33  have been in full force and effect on and after April 1, 2023; provided,
    34  however,  that  the provisions of sections one, one-a, two, three, four,
    35  five, six, seven, eight, thirteen, fourteen,  fifteen,  sixteen,  seven-
    36  teen,  eighteen,  nineteen,  twenty  and  twenty-two,  of this act shall
    37  expire March 31, 2024  when  upon  such  date  the  provisions  of  such
    38  sections shall be deemed repealed.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion,  section  or  part  of  this act shall be adjudged by any court of
    41  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    42  impair,  or  invalidate  the remainder thereof, but shall be confined in
    43  its operation to the clause, sentence, paragraph,  subdivision,  section
    44  or part thereof directly involved in the controversy in which such judg-
    45  ment shall have been rendered. It is hereby declared to be the intent of
    46  the  legislature  that  this  act  would  have been enacted even if such
    47  invalid provisions had not been included herein.
    48    § 3. This act shall take effect immediately  provided,  however,  that
    49  the applicable effective date of Parts A through CC of this act shall be
    50  as specifically set forth in the last section of such Parts.