S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6005
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by  COMMITTEE  ON  RULES  --  read  once and referred to the
         Committee on Ways and Means
       AN ACT to amend the  executive  law,  in  relation  to  authorizing  the
         commissioner  of  corrections  and  community  supervision to make the
         final decision on medical  parole  for  certain  eligible  non-violent
         inmates  (Part  A); to amend chapter 887 of the laws of 1983, amending
         the correction law relating to the  psychological  testing  of  candi-
         dates,  in relation to the effectiveness thereof; to amend chapter 428
         of the laws of 1999, amending  the  executive  law  and  the  criminal
         procedure  law relating 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  thereof; 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 correction-
         al  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 effectiveness thereof; to amend chapter 60 of the laws
         of 1994 relating to certain provisions which impact  upon  expenditure
         of  certain  appropriations  made  by  chapter  50 of the laws of 1994
         enacting the state operations budget, in relation to the effectiveness
         thereof; to amend  chapter  3  of  the  laws  of  1995,  amending  the
         correction  law  and  other laws relating to the incarceration fee, in
         relation to extending the expiration of  certain  provisions  of  such
         chapter;  to  amend  chapter  62  of  the  laws  of 2011, amending the
         correction law and the executive law, relating to merging the  depart-
         ment  of correctional services and division of parole into the depart-
         ment of corrections and community  supervision,  in  relation  to  the
         effectiveness thereof; to amend chapter 55 of the laws of 1992, amend-
         ing the tax law and other laws relating to taxes, surcharges, fees and
         funding, in relation to extending the expiration of certain provisions
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD20003-01-5
       A. 6005                             2
         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 exec-
         utive law relating to prison and  jail  housing  and  alternatives  to
         detention  and  incarceration  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 expiration of the mandatory surcharge and victim assist-
         ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
         cle 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 prison-
         er 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 chap-
         ter  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 protec-
         tive measures for certain child witnesses, in  relation  to  extending
         the  expiration  of  the provisions thereof; to amend chapter 3 of the
         laws of 1995, enacting 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
         effectiveness  thereof;  to  amend part H of chapter 56 of the laws of
         2009, amending the correction law relating to limiting the closing  of
         certain  correctional  facilities,  providing  for  the custody by the
         department  of  correctional  services  of  inmates  serving  definite
         sentences,  providing  for  custody of federal prisoners and requiring
         the closing of certain correctional facilities,  in  relation  to  the
         effectiveness  of  such chapter; to amend part C of chapter 152 of the
         laws of 2001, amending the military 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 chap-
         ter 503 of the laws of 2009, relating to  the  disposition  of  monies
         recovered by county district attorneys before the filing of an accusa-
         tory  instrument,  in  relation to the effectiveness thereof (Part B);
         relating to transferring certain employees of the  division  of  state
         police  to the office of general services (Part C); to amend the work-
         ers' compensation law, in relation to eliminating certain  arbitration
         and  license  fees;  and  to repeal paragraph (c) of subdivision 1 and
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         subparagraph (iii) of paragraph (b) of subdivision 3 of  section  13-c
         of  the  workers' compensation law relating to payment of license fees
         (Part D); to amend the election law, in relation to  campaign  finance
         (Part  E); intentionally omitted (Part F); intentionally omitted (Part
         G); to amend the civil service law and the correction law, in relation
         to salaries (Part H); intentionally omitted (Part  I);  to  amend  the
         civil service law, in relation to auditing enrollee information in the
         New  York  State Health Insurance Program (Part J); to amend the state
         finance law, in relation to increasing the allowable  balance  in  the
         rainy  day  reserve  fund,  and  in  relation  to  updating consulting
         services reporting (Part K); intentionally omitted (Part L); to  amend
         chapter  674  of  the  laws of 1993, amending the public buildings law
         relating to value limitations on contracts, in relation  to  extending
         the effectiveness thereof (Part M); to amend the public buildings law,
         in  relation  to  increasing  the  threshold of small capital projects
         delegated by OGS to one hundred fifty thousand dollars  (Part  N);  to
         amend  the  state  finance  law,  in relation to the creation of a new
         dedicated infrastructure investment fund (Part O); to provide for  the
         administration  of  certain  funds and accounts related to the 2014-15
         budget, authorizing certain payments and transfers; to amend the state
         finance law, in relation to school tax relief fund; to amend the state
         finance law, in relation to payments, transfers and deposits; to amend
         the New York state urban development corporation act, in  relation  to
         funding  project  costs for certain capital projects; to amend 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  issuance of bonds; to amend the private housing
         finance law, in relation to housing program bonds and notes; to  amend
         chapter  329  of  the laws of 1991, amending the state finance law and
         other laws relating to the establishment of the dedicated highway  and
         bridge  trust fund, in relation to the issuance of bonds; to amend the
         public authorities law, in relation to  the  dormitory  authority;  to
         amend chapter 61 of the laws of 2005, providing for the administration
         of  certain  funds  and  accounts  related to the 2005-2006 budget, in
         relation to issuance of bonds by the urban development corporation; to
         amend the  New  York  state  urban  development  corporation  act,  in
         relation to funding project costs for the Binghamton university school
         of  pharmacy,  New  York power electronic manufacturing consortium and
         the nonprofit infrastructure capital investment program; to amend  the
         public authorities law, in relation to the state environmental infras-
         tructure  projects;  to  amend  the  New  York state urban development
         corporation act, in relation  to  authorizing  the  urban  development
         corporation  to  issue bonds to fund project costs for the implementa-
         tion of a NY-CUNY challenge grant program; to amend chapter 81 of  the
         laws  of  2002,  providing for the administration of certain funds and
         accounts related to the 2002-2003 budget, in  relation  to  increasing
         the aggregate amount of bonds to be issued by the New York state urban
         development  corporation;  to  amend  the  public  authorities law, in
         relation to financing  of  peace  bridge  and  transportation  capital
         projects; to amend the public authorities law, in relation to dormito-
         ries  at  certain  educational  institutions other than state operated
         institutions and statutory or contract colleges under the jurisdiction
         of the state university of New York; to amend the  public  authorities
         law,  in  relation  to authorization for the issuance of bonds for the
         capital restructuring bond finance program and the health care facili-
         ty transformation program; to amend chapter 389 of the laws  of  1997,
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         relating  to  the financing of the correctional facilities improvement
         fund and the youth facility improvement fund, in relation to the issu-
         ance of bonds; to amend the New York  state  medical  care  facilities
         finance  agency act, in relation to bonds and mental health facilities
         improvement notes; to amend chapter 174 of the laws of  1968,  consti-
         tuting  the  New  York  state  urban  development  corporation act, in
         relation to the aggregate amount of and issuance of certain bonds; and
         to amend 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  author-
         ized  matching capital grants; and providing for the repeal of certain
         provisions upon expiration thereof (Part P); to amend  the  retirement
         and  social  security  law  and  the civil service law, in relation to
         university police officers appointed by the state  university  of  New
         York  (Part  Q);  intentionally  omitted  (Part R); to amend the state
         finance law, in relation to certain municipalities receiving state aid
         (Part S); to amend the county law, in relation to the office of  indi-
         gent  legal  services  (Part  T);  to amend the public service law, in
         relation to creating the state office of the utility consumer advocate
         (Part U); to amend the public service  law,  in  relation  to  utility
         intervenor  reimbursement;  and  to  amend  the  state finance law, in
         relation to establishing the utility intervenor account (Part V);  and
         to amend chapter 141 of the laws of 1994, amending the legislative law
         and the state finance law relating to the operation and administration
         of the legislature, in relation to extending such provisions (Part W)
         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  which are necessary to implement the state fiscal plan for the 2015-2016
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through W. The effective date for each  particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
    8  "of  this  act", when used in connection with that particular component,
    9  shall be deemed to mean and refer to the corresponding  section  of  the
   10  Part  in  which  it  is  found. Section three of this act sets forth the
   11  general effective date of this act.
   12                                   PART A
   13    Section 1. Section 259-r of the executive law is amended by  adding  a
   14  new subdivision 10 to read as follows:
   15    10.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, IN THE CASE OF AN
   16  INMATE WHOSE TERMINAL CONDITION, DISEASE OR SYNDROME MEETS THE  CRITERIA
   17  FOR  MEDICAL  PAROLE AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION ONE OF
   18  THIS SECTION, AND WHO IS NOT SERVING A SENTENCE FOR ONE OR MORE OFFENSES
   19  SET FORTH IN PARAGRAPH (I) OF SUBDIVISION ONE OF SECTION  EIGHT  HUNDRED
   20  SIX  OF THE CORRECTION LAW WHICH WOULD RENDER SUCH INMATE INELIGIBLE FOR
   21  PRESUMPTIVE RELEASE, THE GRANTING OF MEDICAL PAROLE SHALL BE  DETERMINED
   22  BY  THE  COMMISSIONER  INSTEAD OF THE BOARD OF PAROLE. IN SUCH CASE, THE
   23  PROVISIONS THAT WOULD HAVE APPLIED TO AND THE PROCEDURES THAT WOULD HAVE
   24  BEEN FOLLOWED BY THE BOARD OF PAROLE  PURSUANT  TO  THIS  SECTION  SHALL
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    1  APPLY  TO  AND BE FOLLOWED BY THE COMMISSIONER, EXCEPT THAT ANY DECISION
    2  MADE BY THE COMMISSIONER PURSUANT TO THIS SECTION MAY NOT  BE  APPEALED.
    3  ANY  ACTION BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL BE DEEMED
    4  A  JUDICIAL  FUNCTION  AND SHALL NOT BE REVIEWABLE IF DONE IN ACCORDANCE
    5  WITH LAW.
    6    S 2. Section 259-s of the executive law is amended  by  adding  a  new
    7  subdivision 10 to read as follows:
    8    10.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW, IN THE CASE OF AN
    9  INMATE WHOSE SIGNIFICANT AND PERMANENT NON-TERMINAL  CONDITION,  DISEASE
   10  OR  SYNDROME MEETS THE CRITERIA FOR MEDICAL PAROLE AS SET FORTH IN PARA-
   11  GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AND WHO IS NOT  SERVING  A
   12  SENTENCE FOR ONE OR MORE OFFENSES SET FORTH IN PARAGRAPH (I) OF SUBDIVI-
   13  SION  ONE OF SECTION EIGHT HUNDRED SIX OF THE CORRECTION LAW WHICH WOULD
   14  RENDER SUCH INMATE INELIGIBLE FOR PRESUMPTIVE RELEASE, THE  GRANTING  OF
   15  MEDICAL  PAROLE  SHALL  BE DETERMINED BY THE COMMISSIONER INSTEAD OF THE
   16  BOARD OF PAROLE. IN SUCH CASE, THE PROVISIONS THAT WOULD HAVE APPLIED TO
   17  AND THE PROCEDURES THAT WOULD HAVE BEEN FOLLOWED BY THE BOARD OF  PAROLE
   18  PURSUANT  TO  THIS SECTION SHALL APPLY TO AND BE FOLLOWED BY THE COMMIS-
   19  SIONER, EXCEPT THAT ANY DECISION MADE BY THE  COMMISSIONER  PURSUANT  TO
   20  THIS  SECTION MAY NOT BE APPEALED. ANY ACTION BY THE COMMISSIONER PURSU-
   21  ANT TO THIS SECTION SHALL BE DEEMED A JUDICIAL FUNCTION AND SHALL NOT BE
   22  REVIEWABLE IF DONE IN ACCORDANCE WITH LAW.
   23    S 3. This act shall take effect immediately.
   24                                   PART B
   25    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
   26  correction  law  relating to the psychological testing of candidates, as
   27  amended by section 1 of part E of chapter 55 of the  laws  of  2013,  is
   28  amended to read as follows:
   29    S 2. This act shall take effect on the one hundred eightieth day after
   30  it shall have become a law and shall remain in effect until September 1,
   31  [2015] 2017.
   32    S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
   33  tive  law  and  the  criminal  procedure  law  relating to expanding the
   34  geographic area of employment of certain police officers, as amended  by
   35  section  2  of  part  E of chapter 55 of the laws of 2013, is amended to
   36  read as follows:
   37    S 3. This act shall take effect on the  first  day  of  November  next
   38  succeeding  the  date  on  which  it  shall have become a law, and shall
   39  remain in effect until the first day of September, [2015] 2017, when  it
   40  shall expire and be deemed repealed.
   41    S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
   42  correction law and the penal  law  relating  to  prisoner  furloughs  in
   43  certain  cases  and  the  crime  of  absconding therefrom, as amended by
   44  section 3 of part E of chapter 55 of the laws of  2013,  is  amended  to
   45  read as follows:
   46    S  3.  This act shall take effect 60 days after it shall have become a
   47  law and shall remain in effect until September 1, [2015] 2017.
   48    S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
   49  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
   50  other  chapters and laws relating to correctional facilities, as amended
   51  by section 4 of part E of chapter 55 of the laws of 2013, is amended  to
   52  read as follows:
   53    S 20. This act shall take effect immediately except that section thir-
   54  teen  of  this  act shall expire and be of no further force or effect on
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    1  and after September 1, [2015]  2017  and  shall  not  apply  to  persons
    2  committed to the custody of the department after such date, and provided
    3  further that the commissioner of [correctional services] CORRECTIONS AND
    4  COMMUNITY  SUPERVISION  shall  report  each January first and July first
    5  during such time as the earned eligibility program is in effect, to  the
    6  chairmen  of  the  senate crime victims, crime and correction committee,
    7  the senate codes committee, the assembly correction committee,  and  the
    8  assembly codes committee, the standards in effect for earned eligibility
    9  during  the prior six-month period, the number of inmates subject to the
   10  provisions of earned  eligibility,  the  number  who  actually  received
   11  certificates  of  earned  eligibility  during  that  period of time, the
   12  number of inmates with certificates who are granted  parole  upon  their
   13  first  consideration  for  parole,  the number with certificates who are
   14  denied parole upon their first consideration, and the number of individ-
   15  uals granted and denied parole  who  did  not  have  earned  eligibility
   16  certificates.
   17    S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
   18  amending  the tax law and other laws relating to taxes, surcharges, fees
   19  and funding, as amended by section 5 of part E of chapter 55 of the laws
   20  of 2013, is amended to read as follows:
   21    (q) the provisions of section two  hundred  eighty-four  of  this  act
   22  shall  remain in effect until September 1, [2015] 2017 and be applicable
   23  to all persons entering the program on or before August 31, [2015] 2017.
   24    S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
   25  correction  law  and  the  penal  law  relating  to inmate work release,
   26  furlough and leave, as amended by section 6 of part E of chapter  55  of
   27  the laws of 2013, is amended to read as follows:
   28    S  10. This act shall take effect 30 days after it shall have become a
   29  law and shall remain in effect  until  September  1,  [2015]  2017,  and
   30  provided  further  that  the commissioner of correctional services shall
   31  report each January first, and July first, to the chairman of the senate
   32  crime victims, crime and correction committee, the senate codes  commit-
   33  tee,  the  assembly correction committee, and the assembly codes commit-
   34  tee, the number of eligible inmates in each facility under  the  custody
   35  and  control  of  the commissioner who have applied for participation in
   36  any program offered under the provisions of work release,  furlough,  or
   37  leave, and the number of such inmates who have been approved for partic-
   38  ipation.
   39    S  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
   40  relating to certain provisions which impact upon expenditure of  certain
   41  appropriations made by chapter 50 of the laws of 1994 enacting the state
   42  operations  budget,  as  amended by section 7 of part E of chapter 55 of
   43  the laws of 2013, is amended to read as follows:
   44    (c) sections forty-one and forty-two of this act shall expire  Septem-
   45  ber  1,  [2015] 2017; provided, that the provisions of section forty-two
   46  of this act shall apply to inmates entering the work release program  on
   47  or after such effective date; and
   48    S  8.    Subdivision h of section 74 of chapter 3 of the laws of 1995,
   49  amending the correction law and other laws relating to the incarceration
   50  fee, as amended by section 8 of part E of chapter  55  of  the  laws  of
   51  2013, is amended to read as follows:
   52    h.  Section fifty-two of this act shall be deemed to have been in full
   53  force and effect on and after April 1, 1995; provided, however, that the
   54  provisions of section 189 of the correction law, as amended  by  section
   55  fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
   56  as  amended by section fifty-six of this act, and section fifty-seven of
       A. 6005                             7
    1  this act shall expire September 1, [2015] 2017, when upon such date  the
    2  amendments  to  the correction law and penal law made by sections fifty-
    3  five and fifty-six of this act shall revert to and be  read  as  if  the
    4  provisions  of  this  act  had not been enacted; provided, however, that
    5  sections sixty-two, sixty-three and sixty-four  of  this  act  shall  be
    6  deemed  to have been in full force and effect on and after March 1, 1995
    7  and shall be deemed repealed April  1,  1996  and  upon  such  date  the
    8  provisions  of  subsection  (e) of section 9110 of the insurance law and
    9  subdivision 2 of section 89-d of the state finance law shall  revert  to
   10  and  be  read  as  set  out in law on the date immediately preceding the
   11  effective date of sections sixty-two and sixty-three of this act;
   12    S 9. Subdivision (c) of section 49 of subpart A of part C  of  chapter
   13  62  of  the  laws  of 2011 amending the correction law and the executive
   14  law, relating to merging the department  of  correctional  services  and
   15  division  of  parole  into  the  department of corrections and community
   16  supervision, as amended by section 9 of part E of chapter 55 of the laws
   17  of 2013, is amended to read as follows:
   18    (c) that the amendments  to  subdivision  9  of  section  201  of  the
   19  correction  law  as added by section thirty-two of this act shall remain
   20  in effect until September 1, [2015] 2017, when it shall  expire  and  be
   21  deemed repealed;
   22    S  10.  Subdivision  (aa)  of section 427 of chapter 55 of the laws of
   23  1992, amending the tax law and other laws relating to taxes, surcharges,
   24  fees and funding, as amended by section 10 of part E of  chapter  55  of
   25  the laws of 2013, is amended to read as follows:
   26    (aa)  the  provisions  of  sections  three  hundred  eighty-two, three
   27  hundred eighty-three and three hundred eighty-four  of  this  act  shall
   28  expire on September 1, [2015] 2017;
   29    S  11.  Section  12  of  chapter 907 of the laws of 1984, amending the
   30  correction law, the New York city criminal court act and  the  executive
   31  law  relating  to  prison and jail housing and alternatives to detention
   32  and incarceration programs, as amended by section 11 of part E of  chap-
   33  ter 55 of the laws of 2013, is amended to read as follows:
   34    S  12.  This  act  shall  take  effect  immediately,  except  that the
   35  provisions of sections one through ten of this act shall remain in  full
   36  force  and  effect  until  September  1, [2015] 2017 on which date those
   37  provisions shall be deemed to be repealed.
   38    S 12.  Subdivision (p) of section 406 of chapter 166 of  the  laws  of
   39  1991,  amending the tax law and other laws relating to taxes, as amended
   40  by section 12 of part E of chapter 55 of the laws of 2013, is amended to
   41  read as follows:
   42    (p) The amendments to section 1809 of the vehicle and traffic law made
   43  by sections three hundred thirty-seven and three hundred thirty-eight of
   44  this act shall not apply to any offense committed prior to  such  effec-
   45  tive  date;  provided,  further, that section three hundred forty-one of
   46  this act shall take effect immediately and shall expire November 1, 1993
   47  at which time it  shall  be  deemed  repealed;  sections  three  hundred
   48  forty-five  and  three  hundred  forty-six of this act shall take effect
   49  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
   50  six,  three hundred fifty-seven and three hundred fifty-nine of this act
   51  shall take effect immediately and shall expire June 30, 1995  and  shall
   52  revert to and be read as if this act had not been enacted; section three
   53  hundred  fifty-eight of this act shall take effect immediately and shall
   54  expire June 30, 1998 and shall revert to and be read as if this act  had
   55  not been enacted; section three hundred sixty-four through three hundred
   56  sixty-seven  of  this  act  shall apply to claims filed on or after such
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    1  effective date; sections three hundred sixty-nine, three hundred  seven-
    2  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    3  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    4  remain  in  effect  until  September  1, [2015] 2017, at which time they
    5  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    6  surcharge  provided  in  section  three hundred seventy-four of this act
    7  shall apply to parking violations occurring on or after  said  effective
    8  date;  and  provided  further that the amendments made to section 235 of
    9  the vehicle and traffic law by section three hundred seventy-two of this
   10  act, the amendments made to section 1809 of the vehicle and traffic  law
   11  by sections three hundred thirty-seven and three hundred thirty-eight of
   12  this  act  and  the amendments made to section 215-a of the labor law by
   13  section three hundred seventy-five of this act shall expire on September
   14  1, [2015] 2017 and upon such date the provisions  of  such  subdivisions
   15  and  sections  shall  revert to and be read as if the provisions of this
   16  act had not been enacted; the amendments to  subdivisions  2  and  3  of
   17  section  400.05 of the penal law made by sections three hundred seventy-
   18  seven and three hundred seventy-eight of this act shall expire  on  July
   19  1,  1992  and  upon  such date the provisions of such subdivisions shall
   20  revert and shall be read as if the provisions of this act had  not  been
   21  enacted;  the  state board of law examiners shall take such action as is
   22  necessary to assure that all applicants for examination for admission to
   23  practice as an attorney and counsellor at law shall  pay  the  increased
   24  examination fee provided for by the amendment made to section 465 of the
   25  judiciary  law by section three hundred eighty of this act for any exam-
   26  ination given on or after the effective date of this act notwithstanding
   27  that an applicant for such examination may have prepaid a lesser fee for
   28  such examination as required by the provisions of such section 465 as of
   29  the date prior to the effective date of  this  act;  the  provisions  of
   30  section  306-a  of  the civil practice law and rules as added by section
   31  three hundred eighty-one of this act shall apply to all actions  pending
   32  on  or  commenced on or after September 1, 1991, provided, however, that
   33  for the purposes of this section service of such summons made  prior  to
   34  such  date  shall be deemed to have been completed on September 1, 1991;
   35  the provisions of section three hundred eighty-three of this  act  shall
   36  apply  to  all  money  deposited  in  connection  with  a cash bail or a
   37  partially secured bail bond on or after such  effective  date;  and  the
   38  provisions  of  sections  three  hundred  eighty-four  and three hundred
   39  eighty-five of this act shall  apply  only  to  jury  service  commenced
   40  during  a judicial term beginning on or after the effective date of this
   41  act; provided, however, that nothing contained herein shall be deemed to
   42  affect the application,  qualification,  expiration  or  repeal  of  any
   43  provision  of law amended by any section of this act and such provisions
   44  shall be applied or qualified or shall expire or be deemed  repealed  in
   45  the same manner, to the same extent and on the same date as the case may
   46  be as otherwise provided by law;
   47    S 13. Subdivision 8 of section 1809 of the vehicle and traffic law, as
   48  amended  by  section  13 of part E of chapter 55 of the laws of 2013, is
   49  amended to read as follows:
   50    8. The provisions of this section shall only apply to offenses commit-
   51  ted on or before September first, two thousand [fifteen] SEVENTEEN.
   52    S 14. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
   53  cle and traffic law relating to the ignition interlock  device  program,
   54  as amended by section 14 of part E of chapter 55 of the laws of 2013, is
   55  amended to read as follows:
       A. 6005                             9
    1    S  6.  This  act  shall  take  effect  on  the first day of April next
    2  succeeding the date on which it  shall  have  become  a  law;  provided,
    3  however,  that  effective immediately, the addition, amendment or repeal
    4  of any rule or regulation necessary for the implementation of the  fore-
    5  going  sections  of  this  act on their effective date is authorized and
    6  directed to be made and completed on or before such effective  date  and
    7  shall  remain in full force and effect until the first day of September,
    8  [2015] 2017 when upon such date the provisions  of  this  act  shall  be
    9  deemed repealed.
   10    S 15. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
   11  laws of 1997, amending the military law and other laws relating to vari-
   12  ous  provisions, as amended by section 15 of part E of chapter 55 of the
   13  laws of 2013, is amended to read as follows:
   14    a. sections forty-three through forty-five of this  act  shall  expire
   15  and be deemed repealed on September 1, [2015] 2017;
   16    S 16. Section 4 of part D of chapter 412 of the laws of 1999, amending
   17  the civil practice law and rules and the court of claims act relating to
   18  prisoner  litigation reform, as amended by section 16 of part E of chap-
   19  ter 55 of the laws of 2013, is amended to read as follows:
   20    S 4. This act shall take effect 120 days after it shall have become  a
   21  law  and shall remain in full force and effect until September 1, [2015]
   22  2017, when upon such date it shall expire.
   23    S 17. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
   24  constituting  the  family  protection and domestic violence intervention
   25  act of 1994, as amended by section 17 of part E of  chapter  55  of  the
   26  laws of 2013, is amended to read as follows:
   27    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
   28  added by section thirty-two of this act shall  take  effect  January  1,
   29  1996  and  shall  expire  and  be deemed repealed on September 1, [2015]
   30  2017.
   31    S 18. Section 5 of chapter 505 of the laws of 1985, amending the crim-
   32  inal procedure law relating to the use of closed-circuit television  and
   33  other  protective  measures  for  certain child witnesses, as amended by
   34  section 18 of part E of chapter 55 of the laws of 2013,  is  amended  to
   35  read as follows:
   36    S  5.  This  act  shall take effect immediately and shall apply to all
   37  criminal actions and proceedings commenced prior to the  effective  date
   38  of  this  act  but  still  pending  on such date as well as all criminal
   39  actions and proceedings commenced on or after such  effective  date  and
   40  its provisions shall expire on  September 1, [2015] 2017, when upon such
   41  date the provisions of this act shall be deemed repealed.
   42    S  19.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
   43  enacting the sentencing reform act of 1995, as amended by section 19  of
   44  part E of chapter 55 of the laws of 2013, is amended to read as follows:
   45    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
   46  thirty through thirty-nine, forty-two and forty-four of this  act  shall
   47  be deemed repealed on September 1, [2015] 2017;
   48    S 20. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
   49  nal  procedure  law  relating  to electronic court appearance in certain
   50  counties, as amended by section 20 of part E of chapter 55 of  the  laws
   51  of 2013, is amended to read as follows:
   52    S  2.  This  act  shall  take  effect  immediately,  except  that  the
   53  provisions of this act shall be deemed to have been in  full  force  and
   54  effect  since  July  1, 1992 and the provisions of this act shall expire
   55  September 1, [2015] 2017 when upon such date the provisions of this  act
   56  shall be deemed repealed.
       A. 6005                            10
    1    S 21. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    2  utive law relating to enacting the interstate compact for adult offender
    3  supervision,  as  amended  by  section 21 of part E of chapter 55 of the
    4  laws of 2013, is amended to read as follows:
    5    S  3.  This act shall take effect immediately, except that section one
    6  of this act shall take effect on the first of  January  next  succeeding
    7  the date on which it shall have become a law, and shall remain in effect
    8  until  the  first  of  September,  [2015] 2017, upon which date this act
    9  shall be deemed repealed and have no further force and effect;  provided
   10  that  section one of this act shall only take effect with respect to any
   11  compacting state  which  has  enacted  an  interstate  compact  entitled
   12  "Interstate  compact for adult offender supervision" and having an iden-
   13  tical effect to that added by section  one  of  this  act  and  provided
   14  further  that with respect to any such compacting state, upon the effec-
   15  tive date of section one of this act, section 259-m of the executive law
   16  is hereby deemed REPEALED and section 259-mm of the  executive  law,  as
   17  added  by  section  one  of  this  act,  shall take effect; and provided
   18  further that with respect to any state which has not enacted  an  inter-
   19  state  compact  entitled  "Interstate  compact for adult offender super-
   20  vision" and having an identical effect to that added by section  one  of
   21  this  act,  section 259-m of the executive law shall take effect and the
   22  provisions of section one of this act, with respect to any  such  state,
   23  shall  have no force or effect until such time as such state shall adopt
   24  an interstate compact entitled "Interstate compact  for  adult  offender
   25  supervision" and having an identical effect to that added by section one
   26  of  this  act in which case, with respect to such state, effective imme-
   27  diately, section 259-m of the  executive  law  is  deemed  repealed  and
   28  section  259-mm  of  the  executive law, as added by section one of this
   29  act, shall take effect.
   30    S 22. Section 8 of part H of chapter 56 of the laws of 2009,  amending
   31  the  correction  law relating to limiting the closing of certain correc-
   32  tional facilities, providing  for  the  custody  by  the  department  of
   33  correctional  services  of inmates serving definite sentences, providing
   34  for custody of federal prisoners and requiring the  closing  of  certain
   35  correctional  facilities,  as amended by section 22 of part E of chapter
   36  55 of the laws of 2013, is amended to read as follows:
   37    S 8. This act shall take effect immediately;  provided,  however  that
   38  sections  five  and  six of this act shall expire and be deemed repealed
   39  September 1, [2015] 2017.
   40    S 23. Section 3 of part C of chapter 152 of the laws of 2001  amending
   41  the military law relating to military funds of the organized militia, as
   42  amended  by  section  23 of part E of chapter 55 of the laws of 2013, is
   43  amended to read as follows:
   44    S 3. This act shall take effect on the same date as the  reversion  of
   45  subdivision  5  of  section  183 and subdivision 1 of section 221 of the
   46  military law as provided by section 76 of chapter 435  of  the  laws  of
   47  1997, as amended by section 1 of chapter 19 of the laws of 1999 notwith-
   48  standing  this act shall be deemed to have been in full force and effect
   49  on and after July 31, 2005 and shall remain in  full  force  and  effect
   50  until  September  1,  [2015]  2017  when  upon  such date this act shall
   51  expire.
   52    S 24. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
   53  correction  law  and  the  penal law relating to providing for community
   54  treatment facilities and establishing the crime of absconding  from  the
   55  community  treatment  facility,  as  amended  by section 24 of part E of
   56  chapter 55 of the laws of 2013, is amended to read as follows:
       A. 6005                            11
    1    S 5. This act shall take effect immediately and shall remain  in  full
    2  force  and  effect  until September 1, [2015] 2017, and provided further
    3  that the commissioner of correctional services shall report each January
    4  first and July first during such time as this legislation is in  effect,
    5  to  the  chairmen  of  the  senate  crime  victims, crime and correction
    6  committee, the senate codes committee, the assembly  correction  commit-
    7  tee, and the assembly codes committee, the number of individuals who are
    8  released to community treatment facilities during the previous six-month
    9  period,  including  the  total number for each date at each facility who
   10  are not residing within the facility, but who are required to report  to
   11  the facility on a daily or less frequent basis.
   12    S  25. Section 2 of part H of chapter 503 of the laws of 2009 relating
   13  to the disposition of monies  recovered  by  county  district  attorneys
   14  before  the  filing of an accusatory instrument, as amended by section 1
   15  of part C of chapter 55 of the laws of  2014,  is  amended  to  read  as
   16  follows:
   17    S  2.  This act shall take effect immediately and shall remain in full
   18  force and effect until March 31, [2015] 2016, when it shall  expire  and
   19  be deemed repealed.
   20    S  26.  This  act shall take effect immediately, provided however that
   21  section twenty-five of this act shall be deemed to  have  been  in  full
   22  force and effect on and after March 31, 2015.
   23                                   PART C
   24    Section  1. Employees of the division of state police in the unclassi-
   25  fied service of the state, who are substantially engaged in the perform-
   26  ance of duties to support business and financial  services,  administra-
   27  tive  services,  payroll  administration,  time  and attendance, benefit
   28  administration, and other transactional human resources  functions,  may
   29  be  transferred to the office of general services in accordance with the
   30  provisions of section 45 of the civil service law as if  the  state  had
   31  taken  over a private entity. No employee who is transferred pursuant to
   32  this act shall suffer a reduction in basic annual salary as a result  of
   33  the transfer.
   34    S 2. This act shall take effect immediately.
   35                                   PART D
   36    Section 1. Paragraph (c) of subdivision 1 of section 13-c of the work-
   37  ers' compensation law is REPEALED.
   38    S  2.  Subparagraph (iii) of paragraph (b) of subdivision 3 of section
   39  13-c of the workers' compensation law is REPEALED.
   40    S 3. Subdivision 4 of section 13-g of the workers'  compensation  law,
   41  as amended by section 4 of part GG of chapter 57 of the laws of 2013, is
   42  amended to read as follows:
   43    (4)  A provider initiating an arbitration, including a single arbitra-
   44  tor process, pursuant to this section shall NOT pay a fee [as determined
   45  by regulations promulgated by the chair, to be used] to cover the  costs
   46  related to the conduct of such arbitration. [Upon resolution in favor of
   47  such  party,  the  amount  due, based upon the bill in dispute, shall be
   48  increased by the amount of the fee paid by such party. Where  a  partial
   49  award  is made, the amount due, based upon the bill in dispute, shall be
   50  increased by a part of such fee.] Each member of an arbitration  commit-
   51  tee  for  medical bills, and each member of an arbitration committee for
   52  hospital bills shall be entitled to receive and shall be paid a fee  for
       A. 6005                            12
    1  each  day's  attendance at an arbitration session in any one count in an
    2  amount fixed by the chair of the workers' compensation board.
    3    S  4.  Paragraph  (b) of subdivision 3-b of section 50 of the workers'
    4  compensation law, as amended by chapter 139 of  the  laws  of  2008,  is
    5  amended to read as follows:
    6    (b)  The board, in its rules, may provide for the issuance of licenses
    7  to persons, firms or corporations, upon  such  proof  of  character  and
    8  fitness  as it may deem necessary, [and may provide for a license fee in
    9  an amount not exceeding one  hundred  dollars  a  year,  and  an  annual
   10  authorization fee in an amount not exceeding five hundred dollars a year
   11  for  each designated representative] WITHOUT ANNUAL LICENSE FEE, and for
   12  the giving of a bond running to the people of the  state  of  New  York,
   13  conditioned upon the faithful performance of all duties required of such
   14  person,  firm  or corporation, and in an amount to be fixed by the board
   15  in its rules. Such bond shall be approved by the board as  to  form  and
   16  sufficiency  and  shall be filed with it. [All license and authorization
   17  fees collected under the provisions of this section shall be  paid  into
   18  the state treasury.]
   19    S  5.  Paragraph  (e) of subdivision 7 of section 13-m of the workers'
   20  compensation law, as amended by section 7 of part GG of  chapter  57  of
   21  the laws of 2013, is amended to read as follows:
   22    (e)  A provider initiating an arbitration, including a single arbitra-
   23  tor process, pursuant to this section shall NOT BE  REQUIRED  TO  pay  a
   24  fee[, as determined by regulations promulgated by the chair, to be used]
   25  to  cover  the  costs  related to the conduct of such arbitration. [Upon
   26  resolution in favor of such party, the amount due, based upon  the  bill
   27  in  dispute,  shall  be  increased by the amount of the fee paid by such
   28  party. Where a partial award is made, the amount  due,  based  upon  the
   29  bill in dispute, shall be increased by a part of such fee.]
   30    S  6.  Paragraph  (e) of subdivision 6 of section 13-1 of the workers'
   31  compensation law, as amended by section 6 of part GG of  chapter  57  of
   32  the laws of 2013, is amended to read as follows:
   33    (e)  A provider initiating an arbitration, including a single arbitra-
   34  tor process, pursuant to this section shall NOT pay a  fee[,  as  deter-
   35  mined  by regulations promulgated by the chair, to be used] to cover the
   36  costs related to the conduct of such arbitration.  [Upon  resolution  in
   37  favor  of  such  party,  the amount due, based upon the bill in dispute,
   38  shall be increased by the amount of the fee paid by such party. Where  a
   39  partial  award  is made, the amount due, based upon the bill in dispute,
   40  shall be increased by a part of such fee.]
   41    S 7. Paragraph (e) of subdivision 6 of section 13-k  of  the  workers'
   42  compensation  law,  as  amended by section 5 of part GG of chapter 57 of
   43  the laws of 2013, is amended to read as follows:
   44    (e) A provider initiating an arbitration,  including  a  single  arbi-
   45  tration process, pursuant to this section shall NOT BE REQUIRED TO pay a
   46  fee[,  as determined by regulations promulgated by the chair, to be used
   47  to cover the costs] related to the conduct of  such  arbitration.  [Upon
   48  resolution  in  favor of such party, the amount due, based upon the bill
   49  in dispute, shall be increased by the amount of the  fee  paid  by  such
   50  party.  Where  a  partial  award is made, the amount due, based upon the
   51  bill in dispute shall be increased by a part of such fee.]  Each  member
   52  of  the  arbitration committee shall be entitled to receive and shall be
   53  paid a fee for each day's attendance at an  arbitration  session  in  an
   54  amount fixed by the chair of the workers' compensation board.
   55    S  8.  Section  24-a  of  the workers' compensation law, as amended by
   56  chapter 133 of the laws of 1982, subdivision 1 as amended by chapter  61
       A. 6005                            13
    1  of the laws of 1989, subdivision 2 as amended and subdivision 5 as added
    2  by chapter 347 of the laws of 1987, is amended to read as follows:
    3    S  24-a. Representation before the workers' compensation board.  1. No
    4  person, firm or corporation, other than an attorney  and  counsellor-at-
    5  law,  shall  appear  on behalf of any claimant or person entitled to the
    6  benefits of this chapter, before the board  or  any  officer,  agent  or
    7  employee  of the board assigned to conduct any hearing, investigation or
    8  inquiry relative to a claim for  compensation  or  benefits  under  this
    9  chapter,  unless he or she shall be a citizen of the United States or an
   10  alien lawfully admitted for permanent residence in  the  United  States,
   11  and  shall have obtained from the board a license authorizing him or her
   12  to appear in matters or proceedings before the board. Such license shall
   13  be issued by the board in accordance with the rules established  by  it.
   14  Any person, firm or corporation violating the aforesaid provisions shall
   15  be  guilty  of a misdemeanor. The board, in its rules, shall provide for
   16  the issuance of licenses to representatives of  charitable  and  welfare
   17  organizations, and to associations who employ a representative to appear
   18  for  members of such association, upon certification of the proper offi-
   19  cer of such association or  organization,  which  licenses  shall  issue
   20  without charge; and may provide for a license WITHOUT fee in the case of
   21  all  other  persons,  firms  or corporations in an amount to be fixed by
   22  said rules[, not exceeding the sum of one hundred dollars  a  year.  All
   23  license  fees  collected  under  the provisions of this section shall be
   24  paid into the state treasury]. The board shall have such tests of  char-
   25  acter  and  fitness  with  respect  to applicants for licenses, and such
   26  rules governing the conduct of those licensed, as aforesaid, as  it  may
   27  deem necessary.
   28    2. There shall be maintained in each office of the board a registry or
   29  list  of  persons  to whom licenses have been issued as provided herein,
   30  which list shall be  corrected  as  often  as  licenses  are  issued  or
   31  revoked.  Absence  of  a  record  of a license issued as herein provided
   32  shall be prima facie evidence that a person, firm or corporation is  not
   33  licensed  to represent claimants. Any such license may be revoked by the
   34  board, for cause, after a hearing before the board. No license hereunder
   35  shall be issued for a period longer than three years from  the  date  of
   36  its issuance.
   37    [3.  No fee or allowance, in accordance with the provisions of section
   38  twenty-four of this chapter, shall be made for services rendered by  any
   39  such  person,  firm  or corporation who has received a license hereunder
   40  without payment of a license fee.
   41    4.] 3. Refusal by any person to whom a license has been issued author-
   42  izing him to appear on behalf of any claimant to answer, upon request of
   43  the board, or other duly authorized officer, board or committee  of  the
   44  state,  any  legal  question  or  to  produce any relevant book or paper
   45  concerning his conduct under such  license,  shall  constitute  adequate
   46  cause for revocation thereof.
   47    [5.]  4.  Only an attorney, or a representative licensed in accordance
   48  with rules established by the board pursuant to subdivisions three-b and
   49  three-d of section fifty of this chapter, shall appear on behalf  of  an
   50  employer  or  an insurance carrier regarding a claim for compensation or
   51  any benefits under this chapter before the board or any  officer,  agent
   52  or  employee  of the board assigned to conduct any hearing relative to a
   53  claim for compensation or benefits under this chapter. The provisions of
   54  this subdivision shall not apply to a designated regular employee  of  a
   55  self-insured employer, or of an insurance carrier appearing on behalf of
       A. 6005                            14
    1  his  or  her  employer, but the board may prohibit the appearance of any
    2  such employee for cause.
    3    S 9. This act shall take effect April 1, 2015.
    4                                   PART E
    5    Section  1.  Section  14-100  of the election law is amended by adding
    6  four new subdivisions 15, 16, 17 and 18 to read as follows:
    7    15. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
    8  POLITICAL  COMMITTEE,  LABOR  ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
    9  THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
   10  GER SERVICE, DELIVERS TEN OR MORE CONTRIBUTIONS FROM  OTHER  PERSONS  OR
   11  ENTITIES TO A CANDIDATE OR AN AUTHORIZED COMMITTEE.
   12    "INTERMEDIARY"  SHALL NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS,
   13  CHILDREN, SIBLINGS OF THE PERSON MAKING SUCH  CONTRIBUTION  OR  A  STAFF
   14  MEMBER  OR  VOLUNTEER OF THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE
   15  BOARD OF ELECTIONS.
   16    16. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
   17  NATED BY A CANDIDATE TO RECEIVE ALL  CONTRIBUTIONS  AUTHORIZED  BY  THIS
   18  TITLE.
   19    17.  "INDEPENDENT  EXPENDITURE  COMMITTEE" MEANS A POLITICAL COMMITTEE
   20  THAT: (1) MAKES ONLY INDEPENDENT EXPENDITURES AS DEFINED IN  THIS  ARTI-
   21  CLE; (2) CONDUCTS ITS ACTIVITIES ENTIRELY INDEPENDENT OF CANDIDATES; AND
   22  (3) HAS NOT BEEN AUTHORIZED BY, REQUESTED BY, SUGGESTED BY, FOSTERED BY,
   23  OR  OTHERWISE  COOPERATED  IN ANY WAY IN THE FORMATION OR OPERATION OF A
   24  CANDIDATE'S CAMPAIGN, A CANDIDATE'S POLITICAL COMMITTEE,  OR  ANY  OTHER
   25  COMMITTEE  THAT MAKES EXPENDITURES FOR OR ON BEHALF OF A POLITICAL PARTY
   26  OR A CANDIDATE.
   27    18. "POLITICAL ACTION COMMITTEE" MEANS  A  POLITICAL  COMMITTEE  WHICH
   28  MAKES  NO EXPENDITURES, TO AID OR TAKE PART IN THE ELECTION OR DEFEAT OF
   29  A CANDIDATE, OTHER THAN IN THE FORM OF CONTRIBUTIONS  INCLUDING  IN-KIND
   30  CONTRIBUTIONS.
   31    S  2.  Subdivision 1 of section 14-102 of the election law, as amended
   32  by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
   33  amended to read as follows:
   34    1.  The  treasurer of every political committee which, or any officer,
   35  member or agent of any  such  committee  who,  in  connection  with  any
   36  election,  receives  or  expends  any  money  or other valuable thing or
   37  incurs any liability to pay money or its equivalent  shall  file  state-
   38  ments  sworn,  or subscribed and bearing a form notice that false state-
   39  ments made therein are punishable as a class A misdemeanor  pursuant  to
   40  section  210.45 of the penal law, at the times prescribed by this [arti-
   41  cle] TITLE setting forth all the  receipts,  contributions  to  and  the
   42  expenditures  by  and liabilities of the committee, and of its officers,
   43  members and agents in its behalf.  Such  statements  shall  include  the
   44  dollar  amount  of  any  receipt,  contribution or transfer, or the fair
   45  market value of any receipt, contribution or transfer,  which  is  other
   46  than  of  money,  the  name  and address of the transferor, contributor,
   47  INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
   48  contributor,  INTERMEDIARY, or person is a political committee; the name
   49  of and the political unit represented by the committee, the date of  its
   50  receipt, the dollar amount of every expenditure, the name and address of
   51  the  person  to  whom  it was made or the name of and the political unit
   52  represented by the committee to which it was made and the date  thereof,
   53  and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
   54  NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
       A. 6005                            15
    1  CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
    2  HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
    3  THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
    4  FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
    5  CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  Any  statement
    6  reporting  a  loan  shall  have attached to it a copy of the evidence of
    7  indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
    8  specifically  accounted  for  by  separate items in said statements, and
    9  receipts  and  contributions  aggregating  not  more  than   ninety-nine
   10  dollars, from any one contributor need not be specifically accounted for
   11  by  separate  items  in  said  statements,  provided  however, that such
   12  expenditures, receipts and contributions shall be subject to  the  other
   13  provisions of section 14-118 of this [article] TITLE.
   14    S  3.  Section  14-130 of the election law, as added by chapter 152 of
   15  the laws of 1985, is amended to read as follows:
   16    S 14-130. Campaign funds for personal use. 1.  Contributions  received
   17  by  a  candidate or a political committee may be expended for any lawful
   18  purpose. Such funds shall not be converted by any person to  a  personal
   19  use  which  is  unrelated  to  a  political campaign or the holding of a
   20  public office or party position.
   21    2. NO CONTRIBUTION SHALL BE USED TO PAY INTEREST OR ANY OTHER  FINANCE
   22  CHARGES  UPON  MONIES  LOANED  TO  THE CAMPAIGN BY SUCH CANDIDATE OR THE
   23  SPOUSE OF SUCH CANDIDATE.
   24    3. FOR THE PURPOSES OF THIS SECTION, CONTRIBUTIONS "CONVERTED  BY  ANY
   25  PERSON  TO A PERSONAL USE" ARE EXPENDITURES THAT ARE EXCLUSIVELY FOR THE
   26  PERSONAL BENEFIT OF THE  CANDIDATE  OR  ANY  OTHER  INDIVIDUAL,  NOT  IN
   27  CONNECTION  WITH  A POLITICAL CAMPAIGN OR THE HOLDING OF A PUBLIC OFFICE
   28  OR PARTY POSITION, AND ARE USED TO FULFILL ANY  COMMITMENT,  OBLIGATION,
   29  OR  EXPENSE OF A PERSON THAT WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S
   30  ELECTION CAMPAIGN OR THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR THE
   31  EXECUTION OF THE DUTIES OF A PARTY OFFICIAL. "CONVERTED BY ANY PERSON TO
   32  A PERSONAL USE", WHEN MEETING THE DEFINITION IN THIS SUBDIVISION,  SHALL
   33  INCLUDE, BUT ARE NOT LIMITED TO, EXPENSES FOR THE FOLLOWING:
   34    (I)  ANY  RESIDENTIAL  OR  HOUSEHOLD  ITEMS, SUPPLIES OR EXPENDITURES,
   35  INCLUDING MORTGAGE, RENT  OR  UTILITY  PAYMENTS  FOR  ANY  PART  OF  ANY
   36  PERSONAL  RESIDENCE  OF  A  CANDIDATE OR OFFICEHOLDER OR A MEMBER OF THE
   37  CANDIDATE'S OR OFFICEHOLDER'S FAMILY THAT ARE NOT INCURRED AS  A  RESULT
   38  OF, OR TO FACILITATE, THE INDIVIDUAL'S CAMPAIGN, OR THE EXECUTION OF HIS
   39  OR  HER DUTIES OF PUBLIC OFFICE OR PARTY POSITION. IN THE EVENT THAT ANY
   40  PROPERTY OR BUILDING IS USED FOR BOTH PERSONAL AND CAMPAIGN  USE  OR  AS
   41  PART  OF  THE  EXECUTION  OF HIS OR HER DUTIES OF PUBLIC OFFICE OR PARTY
   42  POSITION,  PERSONAL  USE  SHALL  CONSTITUTE  EXPENSES  THAT  EXCEED  THE
   43  PRO-RATED AMOUNT FOR SUCH EXPENSES BASED ON FAIR-MARKET VALUE.
   44    (II) MORTGAGE, RENT, OR UTILITY PAYMENTS TO A CANDIDATE OR OFFICEHOLD-
   45  ER  FOR  ANY  PART  OF  ANY  NON-RESIDENTIAL PROPERTY THAT IS OWNED BY A
   46  CANDIDATE OR OFFICEHOLDER OR A MEMBER OF A CANDIDATE'S OR OFFICEHOLDER'S
   47  FAMILY AND USED FOR CAMPAIGN PURPOSES, TO THE EXTENT THE PAYMENTS EXCEED
   48  THE FAIR MARKET VALUE OF THE PROPERTY'S USAGE FOR CAMPAIGN ACTIVITIES;
   49    (III) CLOTHING, OTHER THAN ITEMS THAT ARE USED IN THE CAMPAIGN  OR  IN
   50  THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION;
   51    (IV) TUITION PAYMENTS UNRELATED TO A POLITICAL CAMPAIGN OR THE HOLDING
   52  OF A PUBLIC OFFICE OR PARTY POSITION;
   53    (V)  SALARY  PAYMENTS OR OTHER COMPENSATION PROVIDED TO ANY PERSON FOR
   54  SERVICES WHERE SUCH SERVICES ARE NOT SOLELY  FOR  CAMPAIGN  PURPOSES  OR
   55  PROVIDED IN CONNECTION WITH THE EXECUTION OF THE DUTIES OF PUBLIC OFFICE
   56  OR PARTY POSITION;
       A. 6005                            16
    1    (VI)  SALARY  PAYMENTS OR OTHER COMPENSATION PROVIDED TO A MEMBER OF A
    2  CANDIDATE'S FAMILY, UNLESS THE FAMILY  MEMBER  IS  PROVIDING  BONA  FIDE
    3  SERVICES TO THE CAMPAIGN. IF A FAMILY MEMBER PROVIDES BONA FIDE SERVICES
    4  TO  A  CAMPAIGN,  ANY SALARY PAYMENTS OR OTHER COMPENSATION IN EXCESS OF
    5  THE  FAIR  MARKET  VALUE  OF  THE  SERVICES PROVIDED SHALL BE CONSIDERED
    6  PAYMENTS FOR PERSONAL USE;
    7    (VII) ADMISSION TO A SPORTING EVENT, CONCERT, THEATER, OR  OTHER  FORM
    8  OF ENTERTAINMENT, UNLESS SUCH EVENT IS PART OF, OR IN CONNECTION WITH, A
    9  CAMPAIGN  OR  IS  RELATED TO THE HOLDING OF PUBLIC OFFICE OR PARTY POSI-
   10  TION;
   11    (VIII) PAYMENT OF ANY FINES OR PENALTIES  ASSESSED  PURSUANT  TO  THIS
   12  CHAPTER  OR  IN  CONNECTION  WITH  A CRIMINAL CONVICTION OR BY THE JOINT
   13  COMMISSION FOR PUBLIC ETHICS PURSUANT  TO  SECTION  NINETY-FOUR  OF  THE
   14  EXECUTIVE  LAW  OR  SECTIONS  SEVENTY-THREE  OR  SEVENTY-THREE-A  OF THE
   15  PUBLIC OFFICERS LAW OR THE LEGISLATIVE  ETHICS  COMMISSION  PURSUANT  TO
   16  SECTION  EIGHTY  OF THE LEGISLATIVE LAW, PROVIDED, HOWEVER, FUNDS MAY BE
   17  USED TO SATISFY AN ORDER OF RESTITUTION IN CONNECTION WITH SUCH FINE  OR
   18  PENALTY;
   19    (IX)  DUES, FEES, OR GRATUITIES AT A COUNTRY CLUB, HEALTH CLUB, RECRE-
   20  ATIONAL FACILITY OR OTHER NONPOLITICAL  ORGANIZATION,  UNLESS  THEY  ARE
   21  PART  OF  A SPECIFIC FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZA-
   22  TION'S PREMISES; AND
   23    (X) TRAVEL EXPENSES INCLUDING AUTOMOBILE PURCHASES OR  LEASES,  UNLESS
   24  USED  FOR  CAMPAIGN  PURPOSES OR IN CONNECTION WITH THE EXECUTION OF THE
   25  DUTIES OF PUBLIC OFFICE OR PARTY POSITION. IF A CANDIDATE USES  CAMPAIGN
   26  FUNDS TO PAY EXPENSES ASSOCIATED WITH TRAVEL THAT INVOLVES BOTH PERSONAL
   27  ACTIVITIES  AND CAMPAIGN ACTIVITIES OR ACTIVITIES IN CONNECTION WITH THE
   28  EXECUTION OF THE DUTIES OF PUBLIC OFFICE OR PARTY POSITION,  THE  INCRE-
   29  MENTAL  EXPENSES  THAT  RESULT  FROM  THE  PERSONAL  ACTIVITIES SHALL BE
   30  CONSIDERED PERSONAL USE UNLESS THE PERSON BENEFITING FROM SUCH  PERSONAL
   31  USE  REIMBURSES  THE CAMPAIGN ACCOUNT FOR THE FULL AMOUNT OF SUCH INCRE-
   32  MENTAL EXPENSES.
   33    4. NOTHING IN THIS SECTION SHALL PROHIBIT A CANDIDATE FROM  PURCHASING
   34  EQUIPMENT  OR  PROPERTY  FROM  HIS  OR HER PERSONAL FUNDS AND LEASING OR
   35  RENTING SUCH EQUIPMENT OR PROPERTY TO A COMMITTEE  WORKING  DIRECTLY  OR
   36  INDIRECTLY  WITH  HIM  TO AID OR PARTICIPATE IN HIS OR HER NOMINATION OR
   37  ELECTION, INCLUDING AN EXPLORATORY COMMITTEE, PROVIDED THAT  THE  CANDI-
   38  DATE  AND  HIS  OR HER CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR RENTAL
   39  AGREEMENT. SUCH AGREEMENT SHALL INCLUDE THE LEASE OR RENTAL PRICE, WHICH
   40  SHALL NOT EXCEED THE FAIR LEASE OR RENTAL VALUE OF  THE  EQUIPMENT.  THE
   41  CANDIDATE  SHALL  NOT  RECEIVE  LEASE  OR  RENTAL PAYMENTS WHICH, IN THE
   42  AGGREGATE, EXCEED THE COST OF PURCHASING THE EQUIPMENT OR PROPERTY.
   43    5. NOTHING IN THIS SECTION SHALL PROHIBIT AN  ELECTED  PUBLIC  OFFICE-
   44  HOLDER  FROM  USING  CAMPAIGN  CONTRIBUTIONS  TO FACILITATE, SUPPORT, OR
   45  OTHERWISE ASSIST IN THE EXECUTION OR PERFORMANCE OF THE DUTIES OF HIS OR
   46  HER PUBLIC OFFICE.
   47    6. THE STATE BOARD OF ELECTIONS SHALL  ISSUE  ADVISORY  OPINIONS  UPON
   48  REQUEST  REGARDING  EXPENDITURES  THAT  MAY  OR  MAY  NOT  BE CONSIDERED
   49  PERSONAL USE OF CONTRIBUTIONS. SUCH ADVISORY OPINIONS SHALL  BE  BINDING
   50  ON  THE  BOARD, THE CHIEF ENFORCEMENT COUNSEL ESTABLISHED BY SUBDIVISION
   51  THREE-A OF SECTION 3-100 OF THIS CHAPTER, AND IN ANY SUBSEQUENT CIVIL OR
   52  CRIMINAL ACTION OR PROCEEDING OR ADMINISTRATIVE PROCEEDING.
   53    S 4. Subdivision 3 of section 14-124 of the election law,  as  amended
   54  by chapter 71 of the laws of 1988, is amended to read as follows:
   55    3. The contribution and receipt limits of this article shall not apply
   56  to monies received and expenditures made by a party committee or consti-
       A. 6005                            17
    1  tuted committee to maintain a permanent headquarters and staff and carry
    2  on  ordinary activities which are not for the express purpose of promot-
    3  ing OR OPPOSING the candidacy of specific  candidates.    PROVIDED  THAT
    4  SUCH  MONIES DESCRIBED IN THIS SUBDIVISION SHALL BE KEPT IN A SEGREGATED
    5  ACCOUNT AND SHALL NOT BE TRANSFERRED OR CONTRIBUTED, UNLESS SUCH  TRANS-
    6  FER  OR  CONTRIBUTION  IS  TO  THE  SEGREGATED  ACCOUNT OF ANOTHER PARTY
    7  COMMITTEE OR CONSTITUTED COMMITTEE TO BE  USED  ONLY  FOR  NON-CANDIDATE
    8  EXPENDITURES.    PROVIDED,  FURTHER, THAT SUCH MONIES MAY NOT BE USED TO
    9  PAY FOR ANY POLITICAL COMMUNICATION  THAT  INCLUDES  OR  REFERENCES  THE
   10  NAME,  LIKENESS  OR VOICE OF ANY CLEARLY IDENTIFIED CANDIDATE OR ELECTED
   11  OFFICIAL.
   12    S 5. Paragraph (a) of subdivision 1 and paragraph (d) of subdivision 3
   13  of section 14-107 of the election law, as added by section 4 of  subpart
   14  C  of  part  H of chapter 55 of the laws of 2014, are amended to read as
   15  follows:
   16    (a) "Independent expenditure" means an expenditure made  by  a  person
   17  conveyed to five hundred or more members of a general public audience in
   18  the  form of (i) an audio or video communication via broadcast, cable or
   19  satellite, (ii) a written communication via  advertisements,  pamphlets,
   20  circulars,  flyers,  brochures,  letterheads  or  (iii)  other published
   21  statements which: (i) irrespective of when such communication  is  made,
   22  contains  words  such as "vote," "oppose," "support," "elect," "defeat,"
   23  or "reject," which call for the election or defeat of the clearly  iden-
   24  tified  candidate,  [or]  (ii)  refers to and advocates for or against a
   25  clearly identified candidate or ballot  proposal  on  or  after  January
   26  first  of  the  year  of the election in which such candidate is seeking
   27  office or such proposal shall appear on  the  ballot,  OR  (III)  WITHIN
   28  SIXTY DAYS BEFORE A GENERAL OR SPECIAL ELECTION FOR THE OFFICE SOUGHT BY
   29  THE  CANDIDATE  OR  THIRTY  DAYS  BEFORE A PRIMARY ELECTION, INCLUDES OR
   30  REFERENCES A CLEARLY IDENTIFIED CANDIDATE.   An independent  expenditure
   31  shall  not  include communications where such candidate, the candidate's
   32  political committee or its agents, or a political  committee  formed  to
   33  promote  the  success  or defeat of a ballot proposal or its agents, did
   34  authorize, request, suggest, foster or cooperate in such communication.
   35    (d) A knowing and willful violation of the provisions of this subdivi-
   36  sion shall subject the person to a civil  penalty  [equal]  UP  to  five
   37  thousand dollars or the cost of the communication, whichever is greater,
   38  in a special proceeding or civil action brought by the board [or imposed
   39  directly by the board] of elections.
   40    S  6.  Subdivision 1 of section 14-118 of the election law, as amended
   41  by chapter 156 of the laws of 2010, is amended to read as follows:
   42    1. Every political committee shall have a treasurer and a  depository,
   43  and  shall  cause  the treasurer to keep detailed, bound accounts of all
   44  receipts, transfers, loans, liabilities, contributions and expenditures,
   45  made by the committee or any of its officers, members or  agents  acting
   46  under  its  authority  or  in  its  behalf.  All  such accounts shall be
   47  retained by a treasurer for a period of five years from the date of  the
   48  filing  of  the  final  statement  with respect to the election, primary
   49  election or convention to which they  pertain.  No  officer,  member  or
   50  agent  of any political committee shall receive any receipt, transfer or
   51  contribution, or make any expenditure or incur any liability  until  the
   52  committee  shall  have chosen a treasurer and depository and filed their
   53  names in accordance with this subdivision. There shall be filed  in  the
   54  office  in  which the committee is required to file its statements under
   55  section 14-110 of this article, within five days after the choice  of  a
   56  treasurer and depository, a statement giving the name and address of the
       A. 6005                            18
    1  treasurer  chosen, the name and address of any person authorized to sign
    2  checks by such treasurer, the name and address of the depository  chosen
    3  and  the  candidate  or  candidates  or ballot proposal or proposals the
    4  success  or  defeat  of  which  the  committee  is  to aid or take part;
    5  provided, however, that such  statement  shall  not  be  required  of  a
    6  constituted  committee  and  provided  further  that  a political ACTION
    7  committee which makes no expenditures,  to  aid  or  take  part  in  the
    8  election  or  defeat  of a candidate, other than in the form of contrib-
    9  utions, shall not be required to list the candidates being supported  or
   10  opposed  by such committee. Such statement shall be signed by the treas-
   11  urer and all other persons authorized to sign checks. Any change in  the
   12  information  required  in any statement shall be reported, in an amended
   13  statement filed in the same manner and in the same office as an original
   14  statement filed under this section, within two  days  after  it  occurs,
   15  except  that  any  change  to  the mailing address on any such statement
   16  filed at the state board may also be made in any manner deemed  accepta-
   17  ble  by  the  state  board. Only a banking organization authorized to do
   18  business in this state may be designated a depository hereunder.
   19    S 7. The election law is amended by adding a new section  14-107-a  to
   20  read as follows:
   21    S  14-107-A. PROHIBITED SPENDING BY INDEPENDENT EXPENDITURE COMMITTEES
   22  AND POLITICAL ACTION COMMITTEES. 1. AN INDEPENDENT EXPENDITURE COMMITTEE
   23  SHALL NOT CONTRIBUTE TO ANY CANDIDATE, CONSTITUTED COMMITTEE,  POLITICAL
   24  COMMITTEE, OR POLITICAL PARTY.
   25    2. A POLITICAL ACTION COMMITTEE SHALL NOT MAKE ANY INDEPENDENT EXPEND-
   26  ITURES OR CONTRIBUTIONS TO ANY INDEPENDENT EXPENDITURE COMMITTEE.
   27    S  8.  Section  14-126  of the election law is amended by adding a new
   28  subdivision 3-a to read as follows:
   29    3-A. ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN INDEPENDENT EXPENDI-
   30  TURE COMMITTEE OR A POLITICAL ACTION COMMITTEE, KNOWINGLY AND  WILLFULLY
   31  VIOLATES  SECTION  14-107-A  OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
   32  PENALTY, NOT IN EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE  IN  A
   33  SPECIAL  PROCEEDING  OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
   34  ELECTIONS.
   35    S 9. Section 14-116 of the election law, subdivision 1 as redesignated
   36  by chapter 9 of the laws of 1978, subdivision 2 as  amended  by  chapter
   37  260 of the laws of 1981, is amended to read as follows:
   38    S  14-116.  Political  contributions  by certain organizations. 1.  No
   39  corporation, LIMITED LIABILITY COMPANY, or joint-stock association doing
   40  business in this state, except a corporation or association organized or
   41  maintained for political purposes only, shall directly or indirectly pay
   42  or use or offer, consent or agree to pay or use any  money  or  property
   43  for or in aid of any political party, committee or organization, or for,
   44  or in aid of, any corporation, LIMITED LIABILITY COMPANY, joint-stock or
   45  other  association  organized  or  maintained for political purposes, or
   46  for, or in aid of, any candidate for political office or for  nomination
   47  for  such  office,  or  for  any  political purpose whatever, or for the
   48  reimbursement or indemnification of any person for moneys or property so
   49  used. Any officer, director, stock-holder,  attorney  or  agent  of  any
   50  corporation, LIMITED LIABILITY COMPANY, or joint-stock association which
   51  violates  any  of  the  provisions of this section, who participates in,
   52  aids, abets or advises or consents  to  any  such  violations,  and  any
   53  person  who  solicits  or  knowingly  receives  any money or property in
   54  violation of this section, shall be guilty of a misdemeanor.
   55    2. Notwithstanding the provisions of subdivision one of this  section,
   56  any  corporation or an organization financially supported in whole or in
       A. 6005                            19
    1  part, by such corporation  may  make  expenditures,  including  contrib-
    2  utions,  not  otherwise prohibited by law, for political purposes, in an
    3  amount not to exceed five thousand  dollars  in  the  aggregate  in  any
    4  calendar  year;  provided  that  no  public  utility  shall use revenues
    5  received from the rendition of  public  service  within  the  state  for
    6  contributions  for political purposes unless such cost is charged to the
    7  shareholders of such a public service corporation.
    8    S 10. This act shall take effect immediately, provided, however,  that
    9  section three of this act shall take effect on the sixtieth day after it
   10  shall have become a law.
   11                                   PART F
   12                            Intentionally Omitted
   13                                   PART G
   14                            Intentionally Omitted
   15                                   PART H
   16    Section  1.  Paragraph  d of subdivision 1 of section 130 of the civil
   17  service law is amended by adding four new subparagraphs 4, 5, 6 and 7 to
   18  read as follows:
   19    (4) EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
   20  GRADE          HIRING         JOB
   21                 RATE           RATE
   22  M/C 3          $23,927        $30,588
   23  M/C 4          $24,983        $31,977
   24  M/C 5          $26,482        $33,528
   25  M/C 6          $27,606        $35,248
   26  M/C 7          $29,198        $37,156
   27  M/C 8          $30,800        $39,071
   28  M/C 9          $32,560        $41,150
   29  M/C 10         $34,315        $43,433
   30  M/C 11         $36,396        $45,844
   31  M/C 12         $38,316        $48,249
   32  M/C 13         $40,546        $50,929
   33  M/C 14         $42,955        $53,731
   34  M/C 15         $45,345        $56,632
   35  M/C 16         $47,901        $59,653
   36  M/C 17         $50,618        $62,942
   37  M/C 18         $50,887        $63,146
   38  M/C 19         $53,616        $66,429
   39  M/C 20         $56,349        $69,761
   40  M/C 21         $59,388        $73,364
   41  M/C 22         $62,580        $77,218
   42  M/C 23         $65,788        $82,195
   43  M 1            $71,009        $89,758
   44  M 2            $78,752        $99,545
   45  M 3            $87,404        $110,451
   46  M 4            $96,672        $121,997
   47  M 5            $107,340       $135,616
   48  M 6            $118,847       $149,486
       A. 6005                            20
    1  M 7            $131,002       $162,244
    2  M 8            $110,453+
    3    (5) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
    4  GRADE          HIRING         JOB
    5                 RATE           RATE
    6  M/C 3          $24,406        $31,200
    7  M/C 4          $25,483        $32,617
    8  M/C 5          $27,012        $34,199
    9  M/C 6          $28,158        $35,953
   10  M/C 7          $29,782        $37,899
   11  M/C 8          $31,416        $39,852
   12  M/C 9          $33,211        $41,973
   13  M/C 10         $35,001        $44,302
   14  M/C 11         $37,124        $46,761
   15  M/C 12         $39,082        $49,214
   16  M/C 13         $41,357        $51,948
   17  M/C 14         $43,814        $54,806
   18  M/C 15         $46,252        $57,765
   19  M/C 16         $48,859        $60,846
   20  M/C 17         $51,630        $64,201
   21  M/C 18         $51,905        $64,409
   22  M/C 19         $54,688        $67,758
   23  M/C 20         $57,476        $71,156
   24  M/C 21         $60,576        $74,831
   25  M/C 22         $63,832        $78,762
   26  M/C 23         $67,104        $83,839
   27  M 1            $72,429        $91,553
   28  M 2            $80,327        $101,536
   29  M 3            $89,152        $112,660
   30  M 4            $98,605        $124,437
   31  M 5            $109,487       $138,328
   32  M 6            $121,224       $152,476
   33  M 7            $133,622       $165,489
   34  M 8            $112,662+
   35    (6) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   36  GRADE          HIRING         JOB
   37                 RATE           RATE
   38  M/C 3          $24,894        $31,824
   39  M/C 4          $25,993        $33,269
   40  M/C 5          $27,552        $34,883
   41  M/C 6          $28,721        $36,672
   42  M/C 7          $30,378        $38,657
   43  M/C 8          $32,044        $40,649
   44  M/C 9          $33,875        $42,812
   45  M/C 10         $35,701        $45,188
   46  M/C 11         $37,866        $47,696
   47  M/C 12         $39,864        $50,198
   48  M/C 13         $42,184        $52,987
   49  M/C 14         $44,690        $55,902
   50  M/C 15         $47,177        $58,920
   51  M/C 16         $49,836        $62,063
   52  M/C 17         $52,663        $65,485
   53  M/C 18         $52,943        $65,697
   54  M/C 19         $55,782        $69,113
   55  M/C 20         $58,626        $72,579
   56  M/C 21         $61,788        $76,328
       A. 6005                            21
    1  M/C 22         $65,109        $80,337
    2  M/C 23         $68,446        $85,516
    3  M 1            $73,878        $93,384
    4  M 2            $81,934        $103,567
    5  M 3            $90,935        $114,913
    6  M 4            $100,577       $126,926
    7  M 5            $111,677       $141,095
    8  M 6            $123,648       $155,526
    9  M 7            $136,294       $168,799
   10  M 8            $114,915+
   11    (7) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   12  GRADE          HIRING         JOB
   13                 RATE           RATE
   14  M/C 3          $25,143        $32,142
   15  M/C 4          $26,253        $33,602
   16  M/C 5          $27,828        $35,232
   17  M/C 6          $29,008        $37,039
   18  M/C 7          $30,682        $39,044
   19  M/C 8          $32,364        $41,055
   20  M/C 9          $34,214        $43,240
   21  M/C 10         $36,058        $45,640
   22  M/C 11         $38,245        $48,173
   23  M/C 12         $40,263        $50,700
   24  M/C 13         $42,606        $53,517
   25  M/C 14         $45,137        $56,461
   26  M/C 15         $47,649        $59,509
   27  M/C 16         $50,334        $62,684
   28  M/C 17         $53,190        $66,140
   29  M/C 18         $53,472        $66,354
   30  M/C 19         $56,340        $69,804
   31  M/C 20         $59,212        $73,305
   32  M/C 21         $62,406        $77,091
   33  M/C 22         $65,760        $81,140
   34  M/C 23         $69,130        $86,371
   35  M 1            $74,617        $94,318
   36  M 2            $82,753        $104,603
   37  M 3            $91,844        $116,062
   38  M 4            $101,583       $128,195
   39  M 5            $112,794       $142,506
   40  M 6            $124,884       $157,081
   41  M 7            $137,657       $170,487
   42  M 8            $116,064+
   43    S  2.  Subdivision  1 of section 19 of the correction law, as added by
   44  section 2 of part B of chapter 491 of the laws of 2011,  is  amended  to
   45  read as follows:
   46    1.  This  section shall apply to each superintendent of a correctional
   47  facility appointed on or after August ninth, nineteen  hundred  seventy-
   48  five  and  any  superintendent  heretofore  appointed  who  elects to be
   49  covered by the provisions thereof  by  filing  such  election  with  the
   50  commissioner.
   51    a.  The salary schedule for superintendents of a correctional facility
   52  with an inmate population capacity of four hundred or more inmates shall
   53  be as follows:
   54  Effective April first, two thousand eleven:
   55           Hiring Rate         Job Rate
       A. 6005                            22
    1           $105,913            $144,535
    2  Effective April first, two thousand fourteen:
    3           Hiring Rate         Job Rate
    4           $108,031            $147,426
    5  Effective April first, two thousand fifteen:
    6           Hiring Rate         Job Rate
    7           $110,192            $150,375
    8  EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
    9           HIRING RATE         JOB RATE
   10           $112,396            $153,383
   11  EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   12           HIRING RATE         JOB RATE
   13           $114,644            $156,451
   14  EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   15           HIRING RATE         JOB RATE
   16           $116,937            $159,580
   17  EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   18           HIRING RATE         JOB RATE
   19           $118,106            $161,176
   20    b.  The salary schedule for superintendents of correctional facilities
   21  with an inmate population capacity of fewer than  four  hundred  inmates
   22  shall be as follows:
   23  Effective April first, two thousand eleven:
   24           Hiring Rate         Job Rate
   25           $82,363             $104,081
   26  Effective April first, two thousand fourteen:
   27           Hiring Rate         Job Rate
   28           $84,010             $106,163
   29  Effective April first, two thousand fifteen:
   30           Hiring Rate         Job Rate
   31           $85,690             $108,286
   32  EFFECTIVE JULY FIRST, TWO THOUSAND FIFTEEN:
   33           HIRING RATE         JOB RATE
   34           $87,404             $110,452
   35  EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   36           HIRING RATE         JOB RATE
   37           $89,152             $112,661
   38  EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   39           HIRING RATE         JOB RATE
   40           $90,935             $114,914
   41  EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   42           HIRING RATE         JOB RATE
   43           $91,844             $116,063
   44    S  3.  Compensation  for certain state officers and employees.  1. The
   45  provisions of this section, except subdivision 10 of this section, shall
   46  apply to the following  full-time  state  officers  and  employees.  The
   47  provisions of subdivision 10 shall apply only to those individuals spec-
   48  ified therein.
   49    (a)  officers  and employees whose positions are designated managerial
   50  or confidential pursuant to article 14 of the civil service law;
   51    (b) civilian state employees of the division  of  military  and  naval
   52  affairs  in  the executive department whose positions are not in, or are
   53  excluded from representation rights  in,  any  recognized  or  certified
   54  negotiating unit;
       A. 6005                            23
    1    (c)  officers  and employees excluded from representation rights under
    2  article 14 of the civil service law pursuant to rules or regulations  of
    3  the public employment relations board;
    4    (d) officers and employees whose salaries are prescribed by section 19
    5  of the correction law;
    6    (e)  officers  and  employees whose salaries are provided for by para-
    7  graph (a) of subdivision 1 of section 215 of the executive law.
    8    2. For such officers  and  employees  the  following  increases  shall
    9  apply:
   10    (a)  Effective  July  1, 2015, the basic annual salary of officers and
   11  employees to whom the provisions of  this  subdivision  apply  shall  be
   12  increased by two percent adjusted to the nearest whole dollar amount.
   13    (b)  Effective  April 1, 2016, the basic annual salary of officers and
   14  employees to whom the provisions of  this  subdivision  apply  shall  be
   15  increased by two percent adjusted to the nearest whole dollar amount.
   16    (c)  Effective  April 1, 2017, the basic annual salary of officers and
   17  employees to whom the provisions of  this  subdivision  apply  shall  be
   18  increased by two percent adjusted to the nearest whole dollar amount.
   19    (d)  Effective  April 1, 2018, the basic annual salary of officers and
   20  employees to whom the provisions of  this  subdivision  apply  shall  be
   21  increased by one percent adjusted to the nearest whole dollar amount.
   22    3.  If  an  unencumbered position is one that, if encumbered, would be
   23  subject to the provisions of this section, the salary of  such  position
   24  shall  be  increased  by  the  salary increase amounts specified in this
   25  section. If a position is created and is filled by the appointment of an
   26  officer or employee who is subject to the provisions  of  this  section,
   27  the  salary  otherwise  provided for such position shall be increased in
   28  the same manner as though such position had been in existence but  unen-
   29  cumbered.
   30    4.  The  increases in salary pursuant to this section shall apply on a
   31  prorated basis in accordance with guidelines issued by the  director  of
   32  the  budget  to  officers and employees otherwise eligible to receive an
   33  increase in salary pursuant to this act who are paid on an hourly or per
   34  diem basis, employees serving on a  part-time  or  seasonal  basis,  and
   35  employees paid on any basis other than at an annual salary rate.
   36    5.  Notwithstanding  any  of the foregoing provisions of this section,
   37  the provisions of this section shall not apply to the  following  except
   38  as otherwise provided by law:
   39    (a) officers or employees paid on a fee schedule basis;
   40    (b) officers or employees whose salaries are prescribed by section 40,
   41  60, or 169 of the executive law;
   42    (c)  officers or employees in collective negotiating units established
   43  pursuant to article 14 of the civil service law.
   44    6. Officers and employees to whom the provisions of this section apply
   45  who are incumbents of positions that are not allocated to salary  grades
   46  specified  in  paragraph  d of subdivision 1 of section 130 of the civil
   47  service law and whose salary is not  prescribed  in  any  other  statute
   48  shall  receive the salary increases specified in subdivision two of this
   49  section.
   50    7. In order to provide performance advancements, merit awards, longev-
   51  ity payments, in lieu payments and special achievement  awards  for  the
   52  officers  and  employees  to whom this section applies who are not allo-
   53  cated to salary grades in proportion to those  provided  to  persons  to
   54  whom this section applies who are allocated to salary grades, the direc-
   55  tor  of  the  budget is authorized to add appropriate adjustments to the
   56  compensation that such officers and employees are otherwise entitled  to
       A. 6005                            24
    1  receive.  The  director of the budget shall amend each agency's personal
    2  service certificate to  reflect  the  increases  made  pursuant  to  the
    3  provisions of this subdivision, and the updated certificate will contin-
    4  ue  to  be  available  to the state comptroller, the department of civil
    5  service, the chairman of the senate finance committee and  the  chairman
    6  of the assembly ways and means committee.
    7    8.  Notwithstanding  any  of the foregoing provisions of this section,
    8  any increase in compensation for any officer or employee appointed to  a
    9  lower graded position from a redeployment list pursuant to subdivision 1
   10  of  section  79 of the civil service law who continues to receive his or
   11  her former salary pursuant to such subdivision shall  be  determined  on
   12  the  basis  of  such  lower  graded position provided, however, that the
   13  increases in salary provided in subdivision two of  this  section  shall
   14  not  cause such officer's or employee's salary to exceed the job rate of
   15  any such lower graded position at salary grade.
   16    9. Notwithstanding any of the foregoing provisions of this section  or
   17  of  any  law  to the contrary, the director of the budget may reduce the
   18  salary of any position which is vacant or which becomes vacant, so  long
   19  as  the  position,  if encumbered, would be subject to the provisions of
   20  this section. The director of the budget does  not  need  to  provide  a
   21  reason for such reduction.
   22    10.  Compensation  for certain state employees in the state university
   23  and certain employees of contract colleges at Cornell and Alfred univer-
   24  sities.
   25    (a) Effective July 1, 2015, April 1, 2016, April 1, 2017 and April  1,
   26  2018,  the basic annual salary of incumbents of positions in the profes-
   27  sional service in the state university that are designated,  stipulated,
   28  or  excluded  from  negotiating  units  as managerial or confidential as
   29  defined pursuant to  article  14  of  the  civil  service  law,  may  be
   30  increased  pursuant  to plans approved by the state university trustees.
   31  Such increases in basic annual salary rates  shall  not  exceed  in  the
   32  aggregate  two  percent of the total basic annual salary rates in effect
   33  on June 30, 2015, two percent of the total basic annual salary rates  in
   34  effect  on  March 31, 2016, two percent of the total basic annual salary
   35  rates in effect on March 31, 2017 and one percent  of  the  total  basic
   36  annual salary rates in effect on March 31, 2018.
   37    (b)  Effective July 1, 2015, April 1, 2016, April 1, 2017 and April 1,
   38  2018, the basic annual salary of incumbents of positions in  the  insti-
   39  tutions under the management and control of Cornell and Alfred universi-
   40  ties as representatives of the board of trustees of the state university
   41  that,  in  the  opinion  of the director of employee relations, would be
   42  designated managerial or confidential were they subject to article 14 of
   43  the civil service law may be increased pursuant to plans approved by the
   44  state university trustees. Such increases in basic annual  salary  rates
   45  shall  not exceed in the aggregate two percent of the total basic annual
   46  salary rates in effect on June 30, 2015, two percent of the total  basic
   47  annual  salary  rates  in  effect  on March 31, 2016, two percent of the
   48  total basic annual salary rates in effect on  March  31,  2017  and  one
   49  percent  of  the  total basic annual salary rates in effect on March 31,
   50  2018.
   51    (c) During the period July 1, 2015 through March 31, 2019,  the  basic
   52  annual salary of incumbents of positions in the non-professional service
   53  that,  in  the  opinion  of the director of employee relations, would be
   54  designated managerial or confidential were they subject to article 14 of
   55  the civil service law, except those positions in the Cornell service and
   56  maintenance unit that are subject to the terms of a collective  bargain-
       A. 6005                            25
    1  ing  agreement  between Cornell university and the employee organization
    2  representing employees in such positions and except those  positions  in
    3  the Alfred service and maintenance unit that are subject to the terms of
    4  a  collective  bargaining  agreement  between  Alfred university and the
    5  employee organization  representing  employees  in  such  positions,  in
    6  institutions  under  the  management  and  control of Cornell and Alfred
    7  universities as representatives of the board of trustees  of  the  state
    8  university  may  be  increased  pursuant  to plans approved by the state
    9  university trustees. Such plans may include new salary  schedules  which
   10  shall  supersede  the salary schedules then in effect applicable to such
   11  employees. Such plans shall provide for increases in basic annual  sala-
   12  ries,  which,  exclusive  of  performance  advancement payments or merit
   13  recognition payments, shall not exceed in the aggregate two  percent  of
   14  the  total  basic  annual  salary  rates in effect on June 30, 2015, two
   15  percent of the total basic annual salary rates in effect  on  March  31,
   16  2016,  two  percent  of the total basic annual salary rates in effect on
   17  March 31, 2017 and one percent of the total basic annual salary rates in
   18  effect on March 31, 2018.
   19    (d) For the purposes of this subdivision, the basic annual  salary  of
   20  an employee is that salary that is obtained through direct appropriation
   21  of  state  moneys  for the purpose of paying wages. Nothing in this part
   22  shall prevent increasing amounts paid to incumbents of such positions in
   23  the professional  service  in  addition  to  the  basic  annual  salary,
   24  provided,  however,  that the amounts required for such increase and the
   25  cost of fringe benefits attributable to such increase, as determined  by
   26  the  comptroller, are made available to the state in accordance with the
   27  procedures established by the state university, with the approval of the
   28  director of the budget, for such purposes.
   29    S 4. Use of appropriations. The comptroller is authorized to  pay  any
   30  amounts  required during the fiscal year commencing April 1, 2015 by the
   31  foregoing provisions of this act for any state department or agency from
   32  any appropriation or other funds available to such state  department  or
   33  agency  for  personal  service  or  for  other related employee benefits
   34  during such fiscal year. To the extent that such appropriations  in  any
   35  fund,  or  combinations  of  funds,  are  insufficient to accomplish the
   36  purposes herein set forth, the director of the budget is  authorized  to
   37  allocate  to  any  department  and agency funds, from any appropriations
   38  available in any other department's  or  agency's  fund  or  funds,  the
   39  amounts necessary to pay such amounts.
   40    S 5. Effect of participation in special annuity program. No officer or
   41  employee  participating  in  a  special  annuity program pursuant to the
   42  provision of article 8-C of the education law shall,  by  reason  of  an
   43  increase  in  compensation pursuant to this act, suffer any reduction of
   44  the salary adjustment to which that employee would otherwise be entitled
   45  by reason of participation in such program, and such  salary  adjustment
   46  shall  be  based  upon  the  salary  of such officer or employee without
   47  regard to the reduction authorized by such article.
   48    S 6. Date of  entitlement  to  salary  increase.  Notwithstanding  the
   49  provisions  of  this  act or of any other law, the increase in salary or
   50  compensation of any officer or employee provided by this  act  shall  be
   51  added  to  the salary or compensation of such officer or employee at the
   52  beginning of that payroll period the first day of which  is  nearest  to
   53  the  effective  date of such increase as provided in this act, or at the
   54  beginning of the earlier of two payroll periods the first days of  which
   55  are  nearest  but equally near to the effective date of such increase as
   56  provided in this act, provided, however, that for the purposes of deter-
       A. 6005                            26
    1  mining the salary of such officer  or  employee  upon  reclassification,
    2  reallocation,  appointment, promotion, transfer, demotion, reinstatement
    3  or other change of status, such salary increase shall be  deemed  to  be
    4  effective on the date thereof as prescribed in this act, and the payment
    5  thereof  pursuant to this section on a date prior thereto, instead of on
    6  such effective date, shall not operate to confer any  additional  salary
    7  rights or benefits on such officer or employee.
    8    S  7.  This  act  shall take effect immediately and shall be deemed to
    9  have been in full force and effect on and after April 1, 2015.
   10                                   PART I
   11                            Intentionally Omitted
   12                                   PART J
   13    Section 1. Subdivision 2 of section 164 of the civil service  law,  as
   14  added  by  section  1  of  part  W of chapter 56 of the laws of 2008, is
   15  amended to read as follows:
   16    2. [During the fiscal year  two  thousand  eight--two  thousand  nine]
   17  DURING  THE  FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the
   18  president [shall] MAY establish an amnesty period not  to  exceed  sixty
   19  days,  PROVIDED THAT THE PRESIDENT CONDUCTS A NYSHIP DEPENDENT ELIGIBIL-
   20  ITY AUDIT DURING THE FISCAL  YEAR  TWO  THOUSAND  FIFTEEN--TWO  THOUSAND
   21  SIXTEEN.    During this amnesty period when any employee enrolled in the
   22  plan voluntarily identifies any ineligible dependent:
   23    (a) the termination of the ineligible dependent's  coverage  resulting
   24  from such employee's timely compliance shall be made on a current basis;
   25    (b)  the  plan shall not seek recovery of any claims paid based on the
   26  coverage of the ineligible dependent;
   27    (c) the employee shall not be entitled to any refund of  premium  paid
   28  on behalf of any such ineligible dependent; and
   29    (d)  the  employee  shall not be subject to any disciplinary, civil or
   30  criminal action, directly as a result of the coverage of the  ineligible
   31  dependent.
   32    S 2. This act shall take effect immediately.
   33                                   PART K
   34    Section  1. Subdivisions 2 and 3 of section 92-cc of the state finance
   35  law, subdivision 2 as amended by section 17 of part U of chapter  59  of
   36  the  laws of 2012 and subdivision 3 as added by chapter 1 of the laws of
   37  2007, are amended to read as follows:
   38    2. Such fund shall have a maximum balance not to exceed [three]  EIGHT
   39  per  centum  of  the aggregate amount projected to be disbursed from the
   40  general fund during the fiscal year immediately following the  then-cur-
   41  rent  fiscal  year.  At  the  request of the director of the budget, the
   42  state comptroller shall transfer monies to the rainy day reserve fund up
   43  to and including an amount  equivalent  to  [three-tenths  of]  one  per
   44  centum of the aggregate amount projected to be disbursed from the gener-
   45  al  fund during the then-current fiscal year, unless such transfer would
   46  increase the rainy day reserve fund to an amount in  excess  of  [three]
   47  EIGHT  per centum of the aggregate amount projected to be disbursed from
   48  the general fund during the fiscal year immediately following the  then-
   49  current  fiscal  year,  in which event such transfer shall be limited to
       A. 6005                            27
    1  such amount as will increase the rainy day reserve fund to such  [three]
    2  EIGHT per centum limitation.
    3    3. a. The amounts available in such reserve may be used if the follow-
    4  ing conditions are met:
    5    (i)  Economic  downturn. The commissioner of labor shall calculate and
    6  publish, on or before the fifteenth day of each month, a composite index
    7  of business cycle indicators.  Such  index  shall  be  calculated  using
    8  monthly  data  on  New  York state employment, total manufacturing hours
    9  worked, and unemployment prepared by the  department  of  labor  or  its
   10  successor  agency,  and  total  sales  tax collected net of law changes,
   11  prepared by the department of taxation  and  finance  or  its  successor
   12  agency.  Such  index  shall be constructed in accordance with the proce-
   13  dures for calculating composite indexes issued by the  conference  board
   14  or  its  successor organization, and adjusted for seasonal variations in
   15  accordance with the procedures issued by the census bureau of the United
   16  States department of commerce or its successor agency. If the  composite
   17  index  declines for [five] THREE consecutive months, the commissioner of
   18  labor shall notify the governor, the speaker of the assembly, the tempo-
   19  rary president of the senate, and the minority leaders of  the  assembly
   20  and  the  senate. Upon such notification, the director of the budget may
   21  authorize and direct the comptroller to  transfer  from  the  rainy  day
   22  reserve  fund  to  the  general fund such amounts as the director of the
   23  budget deems necessary to meet the requirements of the  state  financial
   24  plan.  The  authority  to  transfer  funds  under the provisions of this
   25  subdivision shall lapse when the composite index  shall  have  increased
   26  for  [five]  THREE consecutive months or twelve months from the original
   27  notification of the commissioner of  labor,  whichever  occurs  earlier.
   28  Provided,  however,  that  for  every additional and consecutive monthly
   29  decline succeeding the [five]  THREE  month  decline  so  noted  by  the
   30  commissioner  of labor, the twelve month lapse date shall be extended by
   31  one additional month; or
   32    (ii) Catastrophic events. In the event of a need  to  repel  invasion,
   33  suppress  insurrection,  defend  the  state in war, or to respond to any
   34  other emergency resulting from a disaster, including but not limited to,
   35  a disaster caused by an act of terrorism, the director of the budget may
   36  authorize and direct the comptroller to  transfer  from  the  rainy  day
   37  reserve  fund  to  the  general fund such amounts as the director of the
   38  budget deems necessary to meet the requirements of the  state  financial
   39  plan.
   40    b.  Prior  to authorizing any transfer from the rainy day reserve fund
   41  pursuant to the provisions of this section, the director of  the  budget
   42  shall notify the speaker of the assembly, the temporary president of the
   43  senate,  and  the  minority leaders of the assembly and the senate. Such
   44  letter shall specify the reasons for the transfer and the amount  there-
   45  of.  Any  amounts  transferred  from  the  rainy day reserve fund to the
   46  general fund shall be subject to all the repayment  provisions  of  this
   47  section.
   48    S 2. Paragraphs a-1, a-2 and a-3 of subdivision 3 of section 22 of the
   49  state  finance  law,  as  added  by  chapter 10 of the laws of 2006, are
   50  amended to read as follows:
   51    a-1. For each state agency, the appropriations, including  reappropri-
   52  ations,  made  for  THE  PRIOR TWO STATE FISCAL YEARS, the current STATE
   53  fiscal year and recommended  for  the  ensuing  STATE  fiscal  year  for
   54  contracts for services made for state purposes.
   55    a-2.  For each state agency, the disbursements FOR THE PRIOR TWO STATE
   56  FISCAL YEARS, AND THE DISBURSEMENTS estimated  to  be  made  before  the
       A. 6005                            28
    1  close  of  the  current STATE fiscal year and proposed to be made during
    2  the ensuing STATE fiscal year for contracts for services made for  state
    3  purposes.
    4    a-3. For each state agency, the [estimated] ACTUAL number of FULL-TIME
    5  EQUIVALENT employees hired for the current STATE fiscal year and [antic-
    6  ipated] THE NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES PLANNED to be hired
    7  during  the ensuing STATE fiscal year pursuant to contracts for services
    8  made for state purposes based upon annual employment  reports  submitted
    9  by contractors pursuant to section one hundred sixty-three of this chap-
   10  ter.
   11    S 3. Intentionally omitted.
   12    S 4. This act shall take effect immediately.
   13                                   PART L
   14                            Intentionally Omitted
   15                                   PART M
   16    Section  1. Section 3 of chapter 674 of the laws of 1993, amending the
   17  public buildings law relating to  value  limitations  on  contracts,  as
   18  amended  by  chapter  61  of  the  laws  of  2013, is amended to read as
   19  follows:
   20    S 3. This act shall take effect immediately and shall remain  in  full
   21  force and effect only until June 30, [2015] 2017.
   22    S 2. This act shall take effect immediately.
   23                                   PART N
   24    Section  1.  The  second  undesignated  paragraph  of section 6 of the
   25  public buildings law, as amended by chapter 237 of the laws of 1992,  is
   26  amended to read as follows:
   27    Notwithstanding  any  inconsistent provisions of law, the commissioner
   28  of general services may by rules delegate to the  agency  or  department
   29  having custody of any public building full responsibility for the prepa-
   30  ration of plans and specifications and the supervision of minor, routine
   31  or  uncomplicated  construction, reconstruction, alteration, improvement
   32  or repair of any such building, providing the value of such  work  shall
   33  not exceed ONE HUNDRED fifty thousand dollars.
   34    S 2. This act shall take effect immediately.
   35                                   PART O
   36    Section  1.  The  state finance law is amended by adding a new section
   37  93-b to read as follows:
   38    S 93-B. DEDICATED INFRASTRUCTURE INVESTMENT FUND. 1. DEDICATED INFRAS-
   39  TRUCTURE INVESTMENT FUND. (A) THERE IS HEREBY ESTABLISHED IN  THE  JOINT
   40  CUSTODY  OF  THE  STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
   41  FINANCE A SPECIAL FUND TO BE  KNOWN  AS  THE  "DEDICATED  INFRASTRUCTURE
   42  INVESTMENT FUND".
   43    (B)  ACCOUNT.  THE  DEDICATED  INFRASTRUCTURE  INVESTMENT  FUND  SHALL
   44  CONSIST OF ONE ACCOUNT, THE "INFRASTRUCTURE INVESTMENT ACCOUNT".  MONEYS
   45  IN THIS ACCOUNT SHALL BE KEPT SEPARATE AND NOT COMMINGLED WITH ANY OTHER
   46  MONEYS IN THE CUSTODY OF THE COMPTROLLER.
       A. 6005                            29
    1    (C) SOURCES OF FUNDS. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS
    2  COLLECTED  THEREFOR,  OR  MONEYS  CREDITED,  APPROPRIATED OR TRANSFERRED
    3  THERETO FROM ANY OTHER FUND OR SOURCE  PURSUANT  TO  LAW  OR  ANY  OTHER
    4  MONEYS  MADE  AVAILABLE  FOR  THE  PURPOSES  OF  THE  FUND. ANY INTEREST
    5  RECEIVED  BY  THE COMPTROLLER ON MONEYS ON DEPOSIT SHALL BE RETAINED AND
    6  BECOME PART OF THE FUND, UNLESS OTHERWISE DIRECTED BY LAW.
    7    2. USES OF FUNDS.  FOLLOWING APPROPRIATION BY THE LEGISLATURE,  MONEYS
    8  IN  THE  INFRASTRUCTURE INVESTMENT ACCOUNT SHALL BE AVAILABLE TO FINANCE
    9  AND/OR REIMBURSE PROJECTS, WORKS, ACTIVITIES OR  PURPOSES  NECESSARY  TO
   10  SUPPORT  STATEWIDE  INVESTMENTS  AS APPROPRIATED BY THE LEGISLATURE FROM
   11  ANY CAPITAL PROJECTS FUND. NOTHING CONTAINED IN THIS  SECTION  SHALL  BE
   12  CONSTRUED  TO  LIMIT  IN  ANY  WAY  THE  PROJECTS,  WORKS, ACTIVITIES OR
   13  PURPOSES THAT CAN BE FINANCED  FROM  THIS  ACCOUNT,  INCLUDING  BUT  NOT
   14  LIMITED  TO  LOANS  OF MONEY TO PUBLIC CORPORATIONS OR AUTHORITIES UNDER
   15  TERMS APPROVED BY THE DIRECTOR OF THE BUDGET.
   16    3. TRANSFERS. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  LAW  TO  THE
   17  CONTRARY, FOR THE STATE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOU-
   18  SAND  FIFTEEN,  THE  COMPTROLLER IS HEREBY AUTHORIZED TO TRANSFER MONIES
   19  FROM THE DEDICATED INFRASTRUCTURE INVESTMENT FUND TO THE  GENERAL  FUND,
   20  AND  FROM  THE  GENERAL  FUND TO THE DEDICATED INFRASTRUCTURE INVESTMENT
   21  FUND, IN AN AMOUNT DETERMINED BY THE  DIRECTOR  OF  THE  BUDGET  TO  THE
   22  EXTENT  MONEYS  ARE  AVAILABLE  IN THE FUND; PROVIDED, HOWEVER, THAT THE
   23  COMPTROLLER IS ONLY AUTHORIZED TO TRANSFER  MONIES  FROM  THE  DEDICATED
   24  INFRASTRUCTURE  INVESTMENT  FUND  TO THE GENERAL FUND IN THE EVENT OF AN
   25  ECONOMIC DOWNTURN AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION; FOR
   26  THE PURPOSE OF DISASTER READINESS, RESPONSE AND RESILIENCY AS  DESCRIBED
   27  IN  PARAGRAPH  (B)  OF  THIS  SUBDIVISION;  AND/OR TO OFFSET DECLINES IN
   28  FEDERAL MEDICARE AND MEDICAID REVENUES IN EXCESS OF ONE HUNDRED  MILLION
   29  DOLLARS  FROM  ANTICIPATED  LEVELS, AS DETERMINED BY THE DIRECTOR OF THE
   30  BUDGET AND DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.
   31    (A) ECONOMIC DOWNTURN. NOTWITHSTANDING ANY LAW TO  THE  CONTRARY,  FOR
   32  THE  PURPOSE  OF THIS SECTION, THE COMMISSIONER OF LABOR SHALL CALCULATE
   33  AND PUBLISH, ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH,  A  COMPOSITE
   34  INDEX OF BUSINESS CYCLE INDICATORS. SUCH INDEX SHALL BE CALCULATED USING
   35  MONTHLY  DATA  ON  NEW  YORK STATE EMPLOYMENT, TOTAL MANUFACTURING HOURS
   36  WORKED, AND UNEMPLOYMENT PREPARED BY THE  DEPARTMENT  OF  LABOR  OR  ITS
   37  SUCCESSOR  AGENCY,  AND  TOTAL  SALES  TAX COLLECTED NET OF LAW CHANGES,
   38  PREPARED BY THE DEPARTMENT OF TAXATION  AND  FINANCE  OR  ITS  SUCCESSOR
   39  AGENCY.  SUCH  INDEX  SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE PROCE-
   40  DURES FOR CALCULATING COMPOSITE INDEXES ISSUED BY THE  CONFERENCE  BOARD
   41  OR  ITS  SUCCESSOR ORGANIZATION, AND ADJUSTED FOR SEASONAL VARIATIONS IN
   42  ACCORDANCE WITH THE PROCEDURES ISSUED BY THE CENSUS BUREAU OF THE UNITED
   43  STATES DEPARTMENT OF COMMERCE OR ITS SUCCESSOR AGENCY. IF THE  COMPOSITE
   44  INDEX  DECLINES  FOR THREE CONSECUTIVE MONTHS, THE COMMISSIONER OF LABOR
   45  SHALL NOTIFY THE GOVERNOR, THE SPEAKER OF THE  ASSEMBLY,  THE  TEMPORARY
   46  PRESIDENT  OF  THE  SENATE, AND THE MINORITY LEADERS OF THE ASSEMBLY AND
   47  THE SENATE. UPON SUCH NOTIFICATION,  THE  DIRECTOR  OF  THE  BUDGET  MAY
   48  AUTHORIZE  AND  DIRECT  THE  COMPTROLLER  TO TRANSFER FROM THE DEDICATED
   49  INFRASTRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS  AS  THE
   50  DIRECTOR  OF  THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE
   51  STATE FINANCIAL PLAN.
   52    (B) DISASTER READINESS, RESPONSE AND RESILIENCY.  NOTWITHSTANDING  ANY
   53  LAW  TO THE CONTRARY, IN ORDER TO PREPARE FOR, PREVENT, DETER OR RESPOND
   54  TO ACTS OF TERRORISM; NATURAL  OR  MAN-MADE  DISASTERS;  PUBLIC  SAFETY,
   55  HEALTH, AND/OR OTHER EMERGENCIES, THE DIRECTOR OF THE BUDGET MAY AUTHOR-
   56  IZE  AND  DIRECT  THE COMPTROLLER TO TRANSFER FROM THE DEDICATED INFRAS-
       A. 6005                            30
    1  TRUCTURE INVESTMENT FUND TO THE GENERAL FUND SUCH AMOUNTS AS THE  DIREC-
    2  TOR  OF THE BUDGET DEEMS NECESSARY TO MEET THE REQUIREMENTS OF THE STATE
    3  FINANCIAL PLAN.
    4    (C) FEDERAL MEDICARE AND MEDICAID REVENUES. NOTWITHSTANDING ANY LAW TO
    5  THE  CONTRARY,  THE  DIRECTOR OF THE BUDGET MAY AUTHORIZE AND DIRECT THE
    6  COMPTROLLER TO TRANSFER FROM  THE  DEDICATED  INFRASTRUCTURE  INVESTMENT
    7  FUND TO THE GENERAL FUND AN AMOUNT NOT TO EXCEED THE DECLINE FROM ANTIC-
    8  IPATED  LEVELS  OF  FEDERAL MEDICARE AND MEDICAID REVENUES. IN THE EVENT
    9  THIS AUTHORIZATION IS UTILIZED, THE DIRECTOR OF THE BUDGET MAY AUTHORIZE
   10  AND DIRECT THE COMPTROLLER TO TRANSFER SUCH AMOUNT AND  THE  CONCOMITANT
   11  REDUCTION IN STATE SHARE MEDICARE AND MEDICAID REVENUES FROM THE GENERAL
   12  FUND  TO  THE MISCELLANEOUS SPECIAL REVENUE FUND, MENTAL HYGIENE PROGRAM
   13  FUND (21907), THE MISCELLANEOUS SPECIAL  REVENUE  FUND,  PATIENT  INCOME
   14  ACCOUNT  (21909),  AND THE MEDICAID MANAGEMENT INFORMATION SYSTEM (MMIS)
   15  STATEWIDE ESCROW FUND (60901).
   16    (D) PRIOR TO AUTHORIZING ANY TRANSFER FROM THE  DEDICATED  INFRASTRUC-
   17  TURE  INVESTMENT  FUND  ACCOUNTS  PURSUANT  TO  THE  PROVISIONS  OF THIS
   18  SECTION, THE DIRECTOR OF THE BUDGET SHALL  NOTIFY  THE  SPEAKER  OF  THE
   19  ASSEMBLY,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY LEAD-
   20  ERS OF THE ASSEMBLY AND  THE  SENATE.  SUCH  LETTER  SHALL  SPECIFY  THE
   21  REASONS FOR THE TRANSFER AND THE AMOUNT THEREOF.
   22    S 2. All work performed on a capital project wholly or partially fund-
   23  ed  by monies allocated or appropriated to or transferred from the dedi-
   24  cated infrastructure investment fund where all or  any  portion  thereof
   25  involves  a lease or agreement for construction, excavation, demolition,
   26  rehabilitation, repair, renovation, alteration or improvement  shall  be
   27  deemed  public  work and shall be subject to and performed in accordance
   28  with the provisions of article 8 of the labor law to the same extent and
   29  in the same manner as a contract of the state, and compliance  with  all
   30  the  provisions  of  article 8 of the labor law shall be required of any
   31  lessee, sub lessee, contractor, or subcontractor on the capital  project
   32  including  the enforcement of prevailing wage requirements by the fiscal
   33  officer as defined in paragraph e of subdivision 5 of section 220 of the
   34  labor law to the same extent as a contract of the state.
   35    S 3. (a) None of the funds appropriated or otherwise made available by
   36  this act may be used for a project  for  the  construction,  alteration,
   37  maintenance, or repair of a public building or public work unless all of
   38  the  iron,  steel,  and manufactured goods that are permanently incorpo-
   39  rated into the project are produced in the United States.
   40    (b) Paragraph (a) shall not apply in any case or category of cases  in
   41  which the department, agency or authority involved finds that:
   42    (1)  applying  paragraph  (a)  would  be  inconsistent with the public
   43  interest;
   44    (2) iron, steel, and the relevant manufactured goods are not  produced
   45  in  the  United States in sufficient and reasonably available quantities
   46  and of a satisfactory quality; or
   47    (3) inclusion of iron, steel, and manufactured goods produced  in  the
   48  United States will increase the cost of the overall project by more than
   49  25 percent.
   50    (c)  If  the  department,  agency  or  authority determines that it is
   51  necessary to waive the application of paragraph (a) based on  a  finding
   52  under  paragraph (b) the department, agency, or authority shall document
   53  in writing,  and  post  on  its  website,  if  one  exists,  a  detailed
   54  description of all decisions made justifying the provisions of paragraph
   55  (a) being waived.
       A. 6005                            31
    1    (d)  This  section shall be applied in a manner consistent with United
    2  States obligations under  international  agreements  including  but  not
    3  limited to those signed with the Government of Canada.
    4    (e) For purposes of this section "permanently incorporated" shall mean
    5  an  iron,  steel  or  manufactured product that is required to remain in
    6  place at the end of the project contract, in a fixed  location,  affixed
    7  to the public work or public building to which it was incorporated.
    8    Electronic  and  communications  devices  and  machinery  that are not
    9  affixed to the public work or public building that are capable of  being
   10  moved from one location to another are not permanently incorporated into
   11  a public building or public work.
   12    S  4. This act shall take effect immediately provided that section two
   13  and section three shall apply to all capital projects wholly or partial-
   14  ly funded by monies allocated or appropriated to or transferred from the
   15  dedicated infrastructure investment fund  in  which  contracts  for  the
   16  project  are  entered into, modified, amended, altered, or renewed on or
   17  after the effective date of section one.
   18                                   PART P
   19    Section 1. The state comptroller is hereby authorized and directed  to
   20  loan  money in accordance with the provisions set forth in subdivision 5
   21  of section 4 of the state finance law  to  the  following  funds  and/or
   22  accounts:
   23    1. Tuition reimbursement account (20451).
   24    2. Proprietary vocational school supervision account (20452).
   25    3. Local government records management account (20501).
   26    4. Child health plus program account (20810).
   27    5. EPIC premium account (20818).
   28    6. Education - New (20901).
   29    7. VLT - Sound basic education fund (20904).
   30    8.   Sewage  treatment  program  management  and  administration  fund
   31  (21000).
   32    9. Hazardous bulk storage account (21061).
   33    10. Federal grants indirect cost recovery account (21065).
   34    11. Low level radioactive waste account (21066).
   35    12. Recreation account (21067).
   36    13. Public safety recovery account (21077).
   37    14. Environmental regulatory account (21081).
   38    15. Natural resource account (21082).
   39    16. Mined land reclamation program account (21084).
   40    17. Great lakes restoration initiative account (21087).
   41    18. Environmental protection and oil spill compensation fund (21200).
   42    19. Public transportation systems account (21401).
   43    20. Metropolitan mass transportation (21402).
   44    21. Operating permit program account (21451).
   45    22. Mobile source account (21452).
   46    23.  Statewide  planning  and  research  cooperative  system   account
   47  (21902).
   48    24. OPWDD provider of service account (21903).
   49    25. Mental hygiene program fund account (21907).
   50    26. Mental hygiene patient income account (21909).
   51    27. Financial control board account (21911).
   52    28. Regulation of racing account (21912).
   53    29. New York Metropolitan Transportation Council account (21913).
   54    30. State university dormitory income reimbursable account (21937).
       A. 6005                            32
    1    31. Energy research account (21943).
    2    32. Criminal justice improvement account (21945).
    3    33. Fingerprint identification and technology account (21950).
    4    34. Environmental laboratory reference fee account (21959).
    5    35. Clinical laboratory reference system assessment account (21962).
    6    36. Indirect cost recovery account (21978).
    7    37. High school equivalency program account (21979).
    8    38. Multi-agency training account (21989).
    9    39. Bell jar collection account (22003).
   10    40. Industry and utility service account (22004).
   11    41. Real property disposition account (22006).
   12    42. Parking account (22007).
   13    43. Asbestos safety training program account (22009).
   14    44. Batavia school for the blind account (22032).
   15    45. Investment services account (22034).
   16    46. Surplus property account (22036).
   17    47. Financial oversight account (22039).
   18    48. Regulation of indian gaming account (22046).
   19    49. Rome school for the deaf account (22053).
   20    50. Seized assets account (22054).
   21    51. Administrative adjudication account (22055).
   22    52. Federal salary sharing account (22056).
   23    53. New York City assessment account (22062).
   24    54. Cultural education account (22063).
   25    55. Local services account (22078).
   26    56. DHCR mortgage servicing account (22085).
   27    57. Department of motor vehicles compulsory insurance account (22087).
   28    58. Housing indirect cost recovery account (22090).
   29    59. Accident prevention course program account (22094).
   30    60. DHCR-HCA application fee account (22100).
   31    61. Low income housing monitoring account (22130).
   32    62. Corporation administration account (22135).
   33    63. Montrose veteran's home account (22144).
   34    64. Deferred compensation administration account (22151).
   35    65. Rent revenue other New York City account (22156).
   36    66. Rent revenue account (22158).
   37    67. Tax revenue arrearage account (22168).
   38    68. State university general income offset account (22654).
   39    69. State police motor vehicle law enforcement account (22802).
   40    70. Highway safety program account (23001).
   41    71. EFC drinking water program account (23101).
   42    72. DOH drinking water program account (23102).
   43    73. NYCCC operating offset account (23151).
   44    74. Commercial gaming revenue account (23701).
   45    75. Commercial gaming regulation account (23702).
   46    76. Highway and bridge capital account (30051).
   47    77. State university residence hall rehabilitation fund (30100).
   48    78. State parks infrastructure account (30351).
   49    79. Clean water/clean air implementation fund (30500).
   50    80. Hazardous waste remedial cleanup account (31506).
   51    81. Youth facilities improvement account (31701).
   52    82. Housing assistance fund (31800).
   53    83. Housing program fund (31850).
   54    84. Highway facility purpose account (31951).
   55    85. Information technology capital financing account (32215).
   56    86. New York racing account (32213).
       A. 6005                            33
    1    87. Mental hygiene facilities capital improvement fund (32300).
    2    88. Correctional facilities capital improvement fund (32350).
    3    89. New York State Storm Recovery Capital Fund (33000).
    4    90. OGS convention center account (50318).
    5    91. Centralized services fund (55000).
    6    92. Archives records management account (55052).
    7    93. Federal single audit account (55053).
    8    94. Civil service law section II administrative account (55055).
    9    95. Civil service EHS occupational health program account (55056).
   10    96. Banking services account (55057).
   11    97. Cultural resources survey account (55058).
   12    98. Neighborhood work project (55059).
   13    99. Automation & printing chargeback account (55060).
   14    100. OFT NYT account (55061).
   15    101. Data center account (55062).
   16    102. Intrusion detection account (55066).
   17    103. Domestic violence grant account (55067).
   18    104. Centralized technology services account (55069).
   19    105. Labor contact center account (55071).
   20    106. Human services contact center account (55072).
   21    107. Tax contact center account (55073).
   22    108. Executive direction internal audit account (55251).
   23    109. CIO Information technology centralized services account (55252).
   24    110. Health insurance internal service account (55300).
   25    111.  Civil  service employee benefits division administrative account
   26  (55301).
   27    112. Correctional industries revolving fund (55350).
   28    113. Employees health insurance account (60201).
   29    114. Medicaid management information system escrow fund (60900).
   30    S 1-a. The state comptroller is hereby authorized and directed to loan
   31  money in accordance with the provisions set forth in  subdivision  5  of
   32  section  4  of the state finance law to any account within the following
   33  federal funds, provided the comptroller has made  a  determination  that
   34  sufficient  federal grant award authority is available to reimburse such
   35  loans:
   36    1. Federal USDA-food and nutrition services fund (25000).
   37    2. Federal health and human services fund (25100).
   38    3. Federal education fund (25200).
   39    4. Federal block grant fund (25250).
   40    5. Federal miscellaneous operating grants fund (25300).
   41    6. Federal unemployment insurance administration fund (25900).
   42    7. Federal unemployment insurance occupational training fund (25950).
   43    8. Federal emergency employment act fund (26000).
   44    9. Federal capital projects fund (31350).
   45    S 2. Notwithstanding any law to the contrary, and in  accordance  with
   46  section 4 of the state finance law, the comptroller is hereby authorized
   47  and directed to transfer, upon request of the director of the budget, on
   48  or  before March 31, 2016, up to the unencumbered balance or the follow-
   49  ing amounts:
   50    Economic Development and Public Authorities:
   51    1. $175,000 from the miscellaneous special revenue  fund,  underground
   52  facilities safety training account (22172), to the general fund.
   53    2.  An  amount  up  to the unencumbered balance from the miscellaneous
   54  special revenue fund, business and licensing services  account  (21977),
   55  to the general fund.
       A. 6005                            34
    1    3.  $14,810,000  from  the  miscellaneous  special  revenue fund, code
    2  enforcement account (21904), to the general fund.
    3    4.  $3,000,000  from  the  general  fund  to the miscellaneous special
    4  revenue fund, tax revenue arrearage account (22168).
    5    5. $552,000 from the miscellaneous special revenue fund, consumer food
    6  industry account (21966), to the general fund.
    7    Education:
    8    1. $2,219,000,000 from the general fund to  the  state  lottery  fund,
    9  education  account (20901), as reimbursement for disbursements made from
   10  such fund for supplemental aid to education pursuant to section 92-c  of
   11  the  state  finance  law  that are in excess of the amounts deposited in
   12  such fund for such purposes pursuant to section 1612 of the tax law.
   13    2. $952,000,000 from the general fund to the state lottery  fund,  VLT
   14  education  account (20904), as reimbursement for disbursements made from
   15  such fund for supplemental aid to education pursuant to section 92-c  of
   16  the  state  finance  law  that are in excess of the amounts deposited in
   17  such fund for such purposes pursuant to section 1612 of the tax law.
   18    3. Moneys from the state lottery fund up to  an  amount  deposited  in
   19  such  fund  pursuant  to  section  1612  of the tax law in excess of the
   20  current year appropriation for supplemental aid to education pursuant to
   21  section 92-c of the state finance law.
   22    4. $300,000 from the local government records  management  improvement
   23  fund (20500) to the archives partnership trust fund (20350).
   24    5. $900,000 from the general fund to the miscellaneous special revenue
   25  fund, Batavia school for the blind account (22032).
   26    6. $900,000 from the general fund to the miscellaneous special revenue
   27  fund, Rome school for the deaf account (22053).
   28    7.  $343,400,000  from  the  state  university  dormitory  income fund
   29  (40350) to the miscellaneous  special  revenue  fund,  state  university
   30  dormitory income reimbursable account (21937).
   31    8.  $24,000,000  from  any  of  the state education department special
   32  revenue and internal service funds to the miscellaneous special  revenue
   33  fund, indirect cost recovery account (21978).
   34    9.  $8,318,000  from  the  general fund to the state university income
   35  fund, state university income offset account (22654),  for  the  state's
   36  share of repayment of the STIP loan.
   37    10. $45,000,000 from the state university income fund, state universi-
   38  ty hospitals income reimbursable account (22656) to the general fund for
   39  hospital  debt  service  for  the period April 1, 2015 through March 31,
   40  2016.
   41    Environmental Affairs:
   42    1. $16,000,000 from any of the department of  environmental  conserva-
   43  tion's  special  revenue federal funds to the environmental conservation
   44  special revenue fund, federal indirect recovery account (21065).
   45    2. $2,000,000 from any of the department  of  environmental  conserva-
   46  tion's  special revenue federal funds to the conservation fund as neces-
   47  sary to avoid diversion of conservation funds.
   48    3. $3,000,000 from any of the office of parks, recreation and historic
   49  preservation capital projects federal funds and special revenue  federal
   50  funds  to the miscellaneous special revenue fund, federal grant indirect
   51  cost recovery account (22188).
   52    4. $1,000,000 from any of the office of parks, recreation and historic
   53  preservation special revenue federal funds to the miscellaneous  special
   54  revenue fund, I love NY water account (21930).
   55    5.  $18,000,000  from the general fund to the environmental protection
   56  fund, environmental protection fund transfer account (30451).
       A. 6005                            35
    1    6. $8,500,000 from the general fund to the  hazardous  waste  remedial
    2  fund, hazardous waste oversight and assistance account (31505).
    3    7.  $25,000,000  from the environmental protection fund, environmental
    4  protection transfer account (30451), to the general fund.
    5    Family Assistance:
    6    1. $10,000,000 from any of the office of children and family services,
    7  office of temporary and disability assistance, or department  of  health
    8  special  revenue  federal funds and the general fund, in accordance with
    9  agreements with social services districts, to the miscellaneous  special
   10  revenue  fund, office of human resources development state match account
   11  (21967).
   12    2. $3,000,000 from any of the office of children and  family  services
   13  or office of temporary and disability assistance special revenue federal
   14  funds to the miscellaneous special revenue fund, family preservation and
   15  support services and family violence services account (22082).
   16    3. $18,670,000 from any of the office of children and family services,
   17  office  of  temporary and disability assistance, or department of health
   18  special revenue federal  funds  and  any  other  miscellaneous  revenues
   19  generated  from  the operation of office of children and family services
   20  programs to the general fund.
   21    4. $166,000,000 from any of the office  of  temporary  and  disability
   22  assistance  or department of health special revenue funds to the general
   23  fund.
   24    5. $2,500,000 from any of  the  office  of  temporary  and  disability
   25  assistance  or  office  of  children and family services special revenue
   26  federal funds to the  miscellaneous  special  revenue  fund,  office  of
   27  temporary and disability assistance program account (21980).
   28    6. $35,000,000 from any of the office of children and family services,
   29  office  of temporary and disability assistance, department of labor, and
   30  department of health special revenue federal  funds  to  the  office  of
   31  children  and family services miscellaneous special revenue fund, multi-
   32  agency training contract account (21989).
   33    7. $65,000,000 from the  miscellaneous  special  revenue  fund,  youth
   34  facility per diem account (22186), to the general fund.
   35    8.  $621,850  from the general fund to the combined gifts, grants, and
   36  bequests fund, WB Hoyt Memorial account (20128).
   37    9. $3,100,000 from  the  miscellaneous  special  revenue  fund,  state
   38  central registry (22028), to the general fund.
   39    General Government:
   40    1. $1,566,000 from the miscellaneous special revenue fund, examination
   41  and miscellaneous revenue account (22065) to the general fund.
   42    2. $12,500,000 from the general fund to the health insurance revolving
   43  fund (55300).
   44    3.  $192,400,000  from  the  health  insurance  reserve  receipts fund
   45  (60550) to the general fund.
   46    4. $150,000 from the general fund to the not-for-profit revolving loan
   47  fund (20650).
   48    5. $150,000 from the not-for-profit revolving loan fund (20650) to the
   49  general fund.
   50    6. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
   51  property account (22036), to the general fund.
   52    7.  $19,900,000  from  the  general  fund to the miscellaneous special
   53  revenue fund, alcoholic beverage control account (22033).
   54    8. $23,000,000 from the miscellaneous special  revenue  fund,  revenue
   55  arrearage account (22024), to the general fund.
       A. 6005                            36
    1    9.  $1,826,000  from  the  miscellaneous special revenue fund, revenue
    2  arrearage account (22024), to the miscellaneous  special  revenue  fund,
    3  authority budget office account (22138).
    4    10.  $1,000,000  from  the miscellaneous special revenue fund, parking
    5  services account (22007), to the general fund, for the purpose of  reim-
    6  bursing the costs of debt service related to state parking facilities.
    7    11.  $21,794,000  from  the general fund to the internal service fund,
    8  COPS account (55013).
    9    12. $8,360,000 from the general fund to the agencies internal  service
   10  fund,  central  technology  services account (55069), for the purpose of
   11  enterprise technology projects.
   12    13. $5,000,000 from the miscellaneous special revenue  fund,  workers'
   13  compensation  account  (21995),  to  the  miscellaneous capital projects
   14  fund, workers' compensation board IT business process design fund.
   15    Health:
   16    1. $30,000,000 from the miscellaneous special revenue fund, quality of
   17  care account (21915), to the general fund.
   18    2. $1,000,000 from the general fund to the combined gifts, grants  and
   19  bequests  fund, breast cancer research and education account (20155), an
   20  amount equal to the monies collected and deposited into that account  in
   21  the previous fiscal year.
   22    3.  $250,000  from  the general fund to the combined gifts, grants and
   23  bequests  fund,  prostate  cancer  research,  detection,  and  education
   24  account  (20183),  an amount equal to the moneys collected and deposited
   25  into that account in the previous fiscal year.
   26    4. $500,000 from the general fund to the combined  gifts,  grants  and
   27  bequests  fund,  Alzheimer's  disease  research  and  assistance account
   28  (20143), an amount equal to the moneys collected and deposited into that
   29  account in the previous fiscal year.
   30    5. $30,295,000 from the HCRA resources fund (20800) to  the  miscella-
   31  neous  special  revenue  fund, empire state stem cell trust fund account
   32  (22161).
   33    6. $30,000,000 from any of the department of  health  accounts  within
   34  the  federal health and human services fund to the miscellaneous special
   35  revenue fund, quality of care account (21915).
   36    7. $6,000,000 from the miscellaneous special revenue fund, certificate
   37  of need account (21920), to the  miscellaneous  capital  projects  fund,
   38  healthcare IT capital subfund.
   39    8.  $1,000,000  from  the miscellaneous special revenue fund, adminis-
   40  tration program account (21982), to the miscellaneous  capital  projects
   41  fund, healthcare IT capital account (32216).
   42    9.  $1,000,000  from  the  miscellaneous  special  revenue fund, vital
   43  records account (22103), to the  miscellaneous  capital  projects  fund,
   44  healthcare IT capital account (32216).
   45    10.  $55,000,000  from  the HCRA resources fund (20800) to the capital
   46  projects fund (30000).
   47    11. $3,700,000 from the miscellaneous  New  York  state  agency  fund,
   48  Medicaid recoveries account (60615), to the general fund.
   49    12.  $6,740,000  from  the general fund to the medical marihuana trust
   50  fund, medical marihuana - DOH account.
   51    13. $4,096,000 from the HCRA resources fund (20800), to the  miscella-
   52  neous special revenue fund, cigarette strike force account.
   53    14.  $3,086,000  from  the miscellaneous special revenue fund, certif-
   54  icate of need account (21920), to the general fund.
   55    Labor:
       A. 6005                            37
    1    1. $400,000 from the miscellaneous special revenue fund, DOL  fee  and
    2  penalty account (21923), to the child performer's protection fund, child
    3  performer protection account (20401).
    4    2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and
    5  penalty account (21923), to the general fund.
    6    3.  $3,300,000  from  the  unemployment insurance interest and penalty
    7  fund,  unemployment  insurance  special  interest  and  penalty  account
    8  (23601), to the general fund.
    9    Mental Hygiene:
   10    1.  $10,000,000  from  the  miscellaneous special revenue fund, mental
   11  hygiene patient income account (21909),  to  the  miscellaneous  special
   12  revenue fund, federal salary sharing account (22056).
   13    2.  $15,000,000  from  the  miscellaneous special revenue fund, mental
   14  hygiene patient income account (21909),  to  the  miscellaneous  special
   15  revenue fund, provider of service accounts (21903).
   16    3.  $15,000,000  from  the  miscellaneous special revenue fund, mental
   17  hygiene program fund  account  (21907),  to  the  miscellaneous  special
   18  revenue fund, provider of service account (21903).
   19    4.  $1,400,000,000  from the general fund to the miscellaneous special
   20  revenue fund, mental hygiene patient income account (21909).
   21    5. $1,850,000,000 from the general fund to the  miscellaneous  special
   22  revenue fund, mental hygiene program fund account (21907).
   23    6.  $100,000,000  from  the miscellaneous special revenue fund, mental
   24  hygiene program fund account (21907), to the general fund.
   25    7. $100,000,000 from the miscellaneous special  revenue  fund,  mental
   26  hygiene patient income account (21909), to the general fund.
   27    Public Protection:
   28    1.  $1,350,000  from the miscellaneous special revenue fund, emergency
   29  management account (21944), to the general fund.
   30    2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
   31  revenue fund, recruitment incentive account (22171).
   32    3.  $13,000,000  from  the general fund to the correctional industries
   33  revolving  fund,  correctional  industries  internal   service   account
   34  (55350).
   35    4.  $3,000,000  from  the federal miscellaneous operating grants fund,
   36  DMNA damage account (25324), to the general fund.
   37    5. $14,300,000 from the general  fund  to  the  miscellaneous  special
   38  revenue fund, crimes against revenue program account (22015).
   39    6.  $22,900,000  from the miscellaneous special revenue fund, criminal
   40  justice improvement account (21945), to the general fund.
   41    7. $50,000,000 from the miscellaneous special revenue fund,  statewide
   42  public safety communications account (22123), to the general fund.
   43    8.  $106,000,000  from  the state police motor vehicle law enforcement
   44  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
   45  police  motor  vehicle  enforcement account (22802), to the general fund
   46  for state operation expenses of the division of state police.
   47    9. $21,500,000 from the general fund to  the  correctional  facilities
   48  capital improvement fund (32350).
   49    10.  $5,000,000  from  the  general  fund to the dedicated highway and
   50  bridge trust fund (30050) for the purpose of work zone safety activities
   51  provided by the division of state police for the department of transpor-
   52  tation.
   53    11. $5,000,000 from the miscellaneous special revenue fund,  statewide
   54  public  safety  communications  account (22123), to the capital projects
   55  fund (30000).
       A. 6005                            38
    1    12. $2,900,000 from the  miscellaneous  special  revenue  fund,  legal
    2  services assistance account (22096), to the general fund.
    3    13.  $300,000  from the state police motor vehicle law enforcement and
    4  motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
    5  theft and insurance fraud account (22801), to the general fund.
    6    Transportation:
    7    1. $17,672,000 from the federal miscellaneous operating grants fund to
    8  the  miscellaneous special revenue fund, New York Metropolitan Transpor-
    9  tation Council account (21913).
   10    2. $20,147,000 from the federal capital projects fund to the miscella-
   11  neous special revenue fund, New York Metropolitan Transportation Council
   12  account (21913).
   13    3. $15,700,000 from the miscellaneous special revenue fund, compulsory
   14  insurance account (22087), to the general fund.
   15    4. $14,878,096 from the general fund to the mass transportation  oper-
   16  ating  assistance  fund, public transportation systems operating assist-
   17  ance account (21401), of which $12,000,000 constitutes the base need for
   18  operations.
   19    5. $685,609,000 from the general fund to  the  dedicated  highway  and
   20  bridge trust fund (30050).
   21    6.  $606,000  from  the  miscellaneous  special revenue fund, accident
   22  prevention course program account (22094), to the general fund.
   23    7. $6,000 from the  miscellaneous  special  revenue  fund,  motorcycle
   24  safety account (21976), to the general fund.
   25    8.  $309,250,000 from the general fund to the MTA financial assistance
   26  fund, mobility tax trust account (23651).
   27    9. Intentionally omitted.
   28    10. $5,000,000 from the miscellaneous special revenue fund,  transpor-
   29  tation  regulation  account  (22067) to the dedicated highway and bridge
   30  trust fund (30050), for disbursements made  from  such  fund  for  motor
   31  carrier  safety that are in excess of the amounts deposited in the dedi-
   32  cated highway and bridge trust fund (30050) for such purpose pursuant to
   33  section 94 of the transportation law.
   34    11. $141,548,000 from the  mass  transportation  operating  assistance
   35  fund,  metropolitan  mass  transportation  operating  assistance account
   36  (21402), to the transit assistance for capital investments fund,  metro-
   37  politan   transit   assistance  for  capital  investments  account,  for
   38  disbursements made from such fund pursuant to a chapter of the  laws  of
   39  2015.
   40    Miscellaneous:
   41    1. $250,000,000 from the general fund to any funds or accounts for the
   42  purpose of reimbursing certain outstanding accounts receivable balances.
   43    2.  $200,000,000  from  the general fund to the debt reduction reserve
   44  fund (40000).
   45    3. $450,000,000 from the New York state storm  recovery  capital  fund
   46  (33000) to the revenue bond tax fund (40152).
   47    4.  $15,500,000  from  the general fund, community projects account GG
   48  (10256), to the general fund, state purposes account (10050).
   49    5. $4,550,000,000 from the general fund to the  dedicated  infrastruc-
   50  ture investment fund infrastructure investment account.
   51    6. Upon request of the director of the budget, up to $600,000,000 from
   52  the  general fund to any special revenue fund or account, agency fund or
   53  account, or any combination of funds or accounts.
   54    S 3. Notwithstanding any law to the contrary, and in  accordance  with
   55  section 4 of the state finance law, the comptroller is hereby authorized
   56  and directed to transfer, on or before March 31, 2016:
       A. 6005                            39
    1    1.  Upon request of the commissioner of environmental conservation, up
    2  to $11,354,000 from revenues credited to any of the department of  envi-
    3  ronmental  conservation special revenue funds, including $3,285,400 from
    4  the environmental protection and oil spill  compensation  fund  (21200),
    5  and  $1,779,600 from the conservation fund (21150), to the environmental
    6  conservation special revenue fund, indirect charges account (21060).
    7    2. Upon request of the commissioner of agriculture and markets, up  to
    8  $3,000,000  from  any special revenue fund or enterprise fund within the
    9  department of agriculture and markets to the general fund, to pay appro-
   10  priate administrative expenses.
   11    3. Upon request of the commissioner of agriculture and markets, up  to
   12  $2,000,000  from  the state exposition special fund, state fair receipts
   13  account (50051) to the miscellaneous capital projects fund,  state  fair
   14  capital improvement account (32208).
   15    4.  Upon  request  of  the commissioner of the division of housing and
   16  community renewal, up to $6,221,000 from revenues credited to any  divi-
   17  sion  of  housing and community renewal federal or miscellaneous special
   18  revenue fund to the miscellaneous special revenue fund, housing indirect
   19  cost recovery account (22090).
   20    5. Upon request of the commissioner of the  division  of  housing  and
   21  community  renewal, up to $5,500,000 may be transferred from any miscel-
   22  laneous special revenue  fund  account,  to  any  miscellaneous  special
   23  revenue fund.
   24    6.  Upon  request  of the commissioner of health up to $5,000,000 from
   25  revenues credited to any of the department of health's  special  revenue
   26  funds, to the miscellaneous special revenue fund, administration account
   27  (21982).
   28    S 4. On or before March 31, 2016, the comptroller is hereby authorized
   29  and  directed  to  deposit  earnings  that would otherwise accrue to the
   30  general fund that are attributable to the operation of section  98-a  of
   31  the  state  finance  law, to the agencies internal service fund, banking
   32  services account (55057), for the purpose  of  meeting  direct  payments
   33  from such account.
   34    S  5.  Notwithstanding  any law to the contrary, upon the direction of
   35  the director of the budget and upon requisition by the state  university
   36  of  New  York,  the  dormitory  authority  of  the  state of New York is
   37  directed to transfer, up to $22,000,000 in revenues generated  from  the
   38  sale  of  notes  or  bonds,  to  the  state  university  of New York for
   39  reimbursement of bondable equipment for further transfer to the  state's
   40  general fund.
   41    S  6.  Notwithstanding any law to the contrary, and in accordance with
   42  section 4 of the state finance law, the comptroller is hereby authorized
   43  and directed to transfer, upon request of the director of the budget and
   44  upon consultation with the state university chancellor  or  his  or  her
   45  designee,  on or before March 31, 2016, up to $16,000,000 from the state
   46  university income fund general revenue  account  (22653)  to  the  state
   47  general  fund for debt service costs related to campus supported capital
   48  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
   49  University at Buffalo.
   50    S  7.  Notwithstanding any law to the contrary, and in accordance with
   51  section 4 of the state finance law, the comptroller is hereby authorized
   52  and directed to transfer, upon request of the director of the budget and
   53  upon consultation with the state university chancellor  or  his  or  her
   54  designee,  on  or before March 31, 2016, up to $6,500,000 from the state
   55  university income fund general revenue  account  (22653)  to  the  state
   56  general  fund for debt service costs related to campus supported capital
       A. 6005                            40
    1  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    2  University at Albany.
    3    S  8.  Notwithstanding  any  law to the contrary, the state university
    4  chancellor or his or her designee is authorized and directed to transfer
    5  estimated tuition revenue balances from the state university  collection
    6  fund  (61000)  to  the  state  university  income fund, state university
    7  general revenue offset account (22655) on or before March 31, 2016.
    8    S 9. Notwithstanding any law to the contrary, and in  accordance  with
    9  section 4 of the state finance law, the comptroller is hereby authorized
   10  and directed to transfer, upon request of the director of the budget, up
   11  to  $87,864,000  from  the  general  fund to the state university income
   12  fund, state university hospitals  income  reimbursable  account  (22656)
   13  during  the period July 1, 2015 through June 30, 2016 to reflect ongoing
   14  state subsidy of SUNY hospitals and to pay  costs  attributable  to  the
   15  SUNY hospitals' state agency status.
   16    S  10. Notwithstanding any law to the contrary, and in accordance with
   17  section 4 of the state finance law, the comptroller is hereby authorized
   18  and directed to transfer, upon request of the director of the budget, up
   19  to $1,015,530,000 from the general fund to the state  university  income
   20  fund, state university general revenue offset account (22655) during the
   21  period  of  July  1, 2015 through June 30, 2016 to support operations at
   22  the state university.
   23    S 11. Notwithstanding any law to the contrary, and in accordance  with
   24  section 4 of the state finance law, the comptroller is hereby authorized
   25  and directed to transfer, upon request of the director of the budget, up
   26  to $3,370,000 from the general fund to the state university income fund,
   27  state university general revenue offset account (22655) during the peri-
   28  od  of  April 1, 2015 through June 30, 2015 to support operations at the
   29  state university.
   30    S 12. Notwithstanding any law to the contrary, and in accordance  with
   31  section 4 of the state finance law, the comptroller is hereby authorized
   32  and  directed to transfer, upon request of the state university chancel-
   33  lor or his or her designee, up to $55,000,000 from the state  university
   34  income  fund,  state  university  hospitals  income reimbursable account
   35  (22656), for services and expenses of hospital  operations  and  capital
   36  expenditures at the state university hospitals; and the state university
   37  income  fund,  Long  Island  veterans' home account (22652) to the state
   38  university capital projects fund (32400) on or before June 30, 2016.
   39    S 13. Notwithstanding any law to the contrary, and in accordance  with
   40  section  4 of the state finance law, the comptroller, after consultation
   41  with the state university chancellor or his or her designee,  is  hereby
   42  authorized  and directed to transfer moneys, in the first instance, from
   43  the state university collection fund, Stony  Brook  hospital  collection
   44  account (61006), Brooklyn hospital collection account (61007), and Syra-
   45  cuse  hospital collection account (61008) to the state university income
   46  fund, state university hospitals income reimbursable account (22656)  in
   47  the  event  insufficient  funds  are  available  in the state university
   48  income fund, state  university  hospitals  income  reimbursable  account
   49  (22656)  to  permit the full transfer of moneys authorized for transfer,
   50  to the general fund for payment of debt  service  related  to  the  SUNY
   51  hospitals.  Notwithstanding  any law to the contrary, the comptroller is
   52  also hereby authorized and directed, after consultation with  the  state
   53  university  chancellor  or  his or her designee, to transfer moneys from
   54  the state university income fund to the state  university  income  fund,
   55  state  university  hospitals  income reimbursable account (22656) in the
   56  event insufficient funds are available in the  state  university  income
       A. 6005                            41
    1  fund,  state university hospitals income reimbursable account (22656) to
    2  pay hospital operating costs or to permit the full  transfer  of  moneys
    3  authorized for transfer, to the general fund for payment of debt service
    4  related to the SUNY hospitals on or before March 31, 2016.
    5    S  14.  Notwithstanding any law to the contrary, upon the direction of
    6  the director of the budget and the chancellor of the state university of
    7  New York or his or her designee, and in accordance with section 4 of the
    8  state finance law, the comptroller is hereby authorized and directed  to
    9  transfer  monies from the state university dormitory income fund (40350)
   10  to the state university residence hall rehabilitation fund (30100),  and
   11  from  the state university residence hall rehabilitation fund (30100) to
   12  the state university dormitory income fund (40350), in a net amount  not
   13  to exceed $80 million.
   14    S  15. Notwithstanding any law to the contrary, and in accordance with
   15  section 4 of the state finance law, the comptroller is hereby authorized
   16  and directed to transfer monies, upon request of  the  director  of  the
   17  budget,  on  or  before March 31, 2016, from and to any of the following
   18  accounts: the miscellaneous special revenue fund, patient income account
   19  (21909), the miscellaneous special revenue fund, mental hygiene  program
   20  fund  account  (21907),  the miscellaneous special revenue fund, federal
   21  salary sharing account (22056), or the general fund in any  combination,
   22  the aggregate of which shall not exceed $350 million.
   23    S  16. Notwithstanding any law to the contrary, and in accordance with
   24  section 4 of the state finance law, the comptroller is hereby authorized
   25  and directed to transfer, at the request of the director of the  budget,
   26  up  to $500 million from the unencumbered balance of any special revenue
   27  fund or account, agency  fund  or  account,  internal  service  fund  or
   28  account,  enterprise  fund  or account, or any combination of such funds
   29  and accounts, to the general fund. The amounts transferred  pursuant  to
   30  this authorization shall be in addition to any other transfers expressly
   31  authorized  in  the  2015-16  budget. Transfers from federal funds, debt
   32  service funds, capital projects funds, the community projects  fund,  or
   33  funds  that would result in the loss of eligibility for federal benefits
   34  or federal funds pursuant to federal law, rule, or regulation as assent-
   35  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
   36  1951 are not permitted pursuant to this authorization.
   37    S  17. Notwithstanding any law to the contrary, and in accordance with
   38  section 4 of the state finance law, the comptroller is hereby authorized
   39  and directed to transfer, at the request of the director of the  budget,
   40  up  to $100 million from any non-general fund or account, or combination
   41  of funds and accounts, to the miscellaneous special revenue fund,  tech-
   42  nology  financing  account (22207) or the miscellaneous capital projects
   43  fund, information technology capital financing account (32215), for  the
   44  purpose  of  consolidating  technology  procurement  and  services.  The
   45  amounts transferred to the miscellaneous special revenue fund, technolo-
   46  gy financing account (22207) pursuant to  this  authorization  shall  be
   47  equal  to  or  less  than  the amount of such monies intended to support
   48  information technology costs which  are  attributable,  according  to  a
   49  plan,  to  such  account  made  in pursuance to an appropriation by law.
   50  Transfers to the technology financing account shall  be  completed  from
   51  amounts  collected  by  non-general funds or accounts pursuant to a fund
   52  deposit schedule or permanent statute, and shall be transferred  to  the
   53  technology  financing  account pursuant to a schedule agreed upon by the
   54  affected agency commissioner. Transfers from funds that would result  in
   55  the  loss  of eligibility for federal benefits or federal funds pursuant
   56  to federal law, rule, or regulation as assented to in chapter 683 of the
       A. 6005                            42
    1  laws of 1938 and chapter 700 of the  laws  of  1951  are  not  permitted
    2  pursuant to this authorization.
    3    S  18. Notwithstanding any law to the contrary, and in accordance with
    4  section 4 of the state finance law, the comptroller is hereby authorized
    5  and directed to transfer, at the request of the director of the  budget,
    6  up  to $300 million from any non-general fund or account, or combination
    7  of funds and accounts, to the general fund for the  purpose  of  consol-
    8  idating  technology  procurement  and  services. The amounts transferred
    9  pursuant to this authorization shall be equal to or less than the amount
   10  of such monies intended to support information  technology  costs  which
   11  are attributable, according to a plan, to such account made in pursuance
   12  to  an  appropriation  by  law.  Transfers  to the general fund shall be
   13  completed from amounts collected by non-general funds or accounts pursu-
   14  ant to a fund deposit schedule. Transfers from funds that  would  result
   15  in  the loss of eligibility for federal benefits or federal funds pursu-
   16  ant to federal law, rule, or regulation as assented to in chapter 683 of
   17  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
   18  pursuant to this authorization.
   19    S  19. Notwithstanding any provision of law to the contrary, as deemed
   20  feasible and advisable by its trustees, the power authority of the state
   21  of New York is authorized and directed to (i) make a contribution to the
   22  state treasury to the credit  of  the  general  fund,  or  as  otherwise
   23  directed in writing by the director of the budget, in an amount of up to
   24  $90,000,000 for the state fiscal year commencing April 1, 2015.
   25    S 20. Intentionally omitted.
   26    S  21.  Subdivision  5  of section 97-rrr of the state finance law, as
   27  amended by section 20 of part I of chapter 55 of the laws  of  2014,  is
   28  amended to read as follows:
   29    5. Notwithstanding the provisions of section one hundred seventy-one-a
   30  of  the  tax law, as separately amended by chapters four hundred eighty-
   31  one and four hundred eighty-four of the laws of nineteen hundred  eight-
   32  y-one,  and notwithstanding the provisions of chapter ninety-four of the
   33  laws of two thousand eleven, or any  other  provisions  of  law  to  the
   34  contrary,  during  the  fiscal  year beginning April first, two thousand
   35  [fourteen] FIFTEEN, the  state  comptroller  is  hereby  authorized  and
   36  directed  to  deposit  to the fund created pursuant to this section from
   37  amounts collected pursuant to article twenty-two  of  the  tax  law  and
   38  pursuant  to  a  schedule submitted by the director of the budget, up to
   39  [$3,429,375,000] $3,230,679,000, as may be certified in such schedule as
   40  necessary to meet the purposes of such fund for the fiscal  year  begin-
   41  ning April first, two thousand [fourteen] FIFTEEN.
   42    S  22.  The  comptroller  is authorized and directed to deposit to the
   43  general fund-state purposes account reimbursements from moneys appropri-
   44  ated or reappropriated to the correctional facilities  capital  improve-
   45  ment  fund  by  a  chapter  of the laws of 2015. Reimbursements shall be
   46  available for spending from appropriations made  to  the  department  of
   47  corrections and community supervision in the general fund-state purposes
   48  accounts  by a chapter of the laws of 2015 for costs associated with the
   49  administration and security of capital  projects  and  for  other  costs
   50  which are attributable, according to a plan, to such capital projects.
   51    S  23.  Notwithstanding  any  other  law,  rule,  or regulation to the
   52  contrary, the state comptroller is hereby authorized and directed to use
   53  any balance remaining in the mental health services  fund  debt  service
   54  appropriation, after payment by the state comptroller of all obligations
   55  required pursuant to any lease, sublease, or other financing arrangement
   56  between the dormitory authority of the state of New York as successor to
       A. 6005                            43
    1  the  New  York  state  medical  care  facilities finance agency, and the
    2  facilities development corporation pursuant to chapter 83 of the laws of
    3  1995 and the department of mental hygiene  for  the  purpose  of  making
    4  payments  to  the  dormitory  authority of the state of New York for the
    5  amount of the earnings for the investment of  monies  deposited  in  the
    6  mental health services fund that such agency determines will or may have
    7  to  be  rebated  to the federal government pursuant to the provisions of
    8  the internal revenue code of 1986, as amended, in order to  enable  such
    9  agency  to  maintain  the  exemption from federal income taxation on the
   10  interest paid to the holders of such agency's mental services facilities
   11  improvement revenue bonds. Annually on or before each  June  30th,  such
   12  agency  shall  certify to the state comptroller its determination of the
   13  amounts received in the mental health services fund as a result  of  the
   14  investment  of  monies  deposited  therein  that  will or may have to be
   15  rebated to the federal government pursuant  to  the  provisions  of  the
   16  internal revenue code of 1986, as amended.
   17    S 24. Intentionally omitted.
   18    S  25.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
   19  laws of 1968, constituting the New York state urban  development  corpo-
   20  ration act, as amended by section 28 of part I of chapter 55 of the laws
   21  of 2014, is amended to read as follows:
   22    1.  Notwithstanding  the  provisions of any other law to the contrary,
   23  the dormitory authority and the corporation  are  hereby  authorized  to
   24  issue  bonds  or  notes in one or more series for the purpose of funding
   25  project costs for the office of information technology services, depart-
   26  ment of  law,  and  other  state  costs  associated  with  such  capital
   27  projects.  The  aggregate  principal  amount  of  bonds authorized to be
   28  issued pursuant to this section  shall  not  exceed  [one]  TWO  hundred
   29  [eighty-two]  SIXTY-NINE  million  [four]  ONE  hundred  forty  thousand
   30  dollars, excluding bonds issued to fund one or more debt service reserve
   31  funds, to pay costs of issuance of such bonds, and bonds or notes issued
   32  to refund or otherwise repay such bonds or notes previously issued. Such
   33  bonds and notes of the dormitory authority and the corporation shall not
   34  be a debt of the state, and the state shall not be liable  thereon,  nor
   35  shall  they be payable out of any funds other than those appropriated by
   36  the state to the dormitory authority and the corporation for  principal,
   37  interest,  and  related expenses pursuant to a service contract and such
   38  bonds and notes shall contain on the face thereof a  statement  to  such
   39  effect. Except for purposes of complying with the internal revenue code,
   40  any  interest  income  earned on bond proceeds shall only be used to pay
   41  debt service on such bonds.
   42    S 26. Section 1 of chapter 174 of the laws of 1968,  constituting  the
   43  New York state urban development corporation act, is amended by adding a
   44  new section 51 to read as follows:
   45    S  51.  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY OTHER LAW TO THE
   46  CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT  CORPORATION
   47  ARE  HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR MORE SERIES FOR
   48  THE PURPOSE OF FUNDING PROJECT COSTS FOR  THE  NONPROFIT  INFRASTRUCTURE
   49  CAPITAL  INVESTMENT  PROGRAM  AND OTHER STATE COSTS ASSOCIATED WITH SUCH
   50  CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED  TO
   51  BE  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL  NOT EXCEED FIFTY MILLION
   52  DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
   53  FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
   54  TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
   55  BONDS AND NOTES OF THE DORMITORY AUTHORITY  AND  THE  URBAN  DEVELOPMENT
   56  CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
       A. 6005                            44
    1  LIABLE  THEREON,  NOR  SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
    2  THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
    3  DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST,  AND  RELATED  EXPENSES
    4  PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
    5  THE  FACE  THEREOF  A  STATEMENT  TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
    6  COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED  ON
    7  BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS.
    8    2.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, IN
    9  ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
   10  RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE  NONPROFIT
   11  INFRASTRUCTURE  CAPITAL INVESTMENT PROGRAM AND OTHER STATE COSTS ASSOCI-
   12  ATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF THE  BUDGET  IS  HEREBY
   13  AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE CONTRACTS WITH THE DORMITO-
   14  RY  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, NONE OF WHICH SHALL
   15  EXCEED THIRTY YEARS IN DURATION, UPON SUCH TERMS AND CONDITIONS  AS  THE
   16  DIRECTOR  OF THE BUDGET AND THE DORMITORY AUTHORITY AND THE URBAN DEVEL-
   17  OPMENT CORPORATION AGREE, SO AS TO ANNUALLY  PROVIDE  TO  THE  DORMITORY
   18  AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION, IN THE AGGREGATE, A SUM
   19  NOT TO EXCEED THE PRINCIPAL, INTEREST, AND RELATED EXPENSES REQUIRED FOR
   20  SUCH BONDS AND NOTES. ANY SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS
   21  SECTION SHALL PROVIDE THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT
   22  THEREIN  PROVIDED  SHALL  NOT  CONSTITUTE A DEBT OF THE STATE WITHIN THE
   23  MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED
   24  EXECUTORY ONLY TO THE EXTENT OF MONIES AVAILABLE AND THAT  NO  LIABILITY
   25  SHALL  BE  INCURRED  BY  THE  STATE BEYOND THE MONIES AVAILABLE FOR SUCH
   26  PURPOSE, SUBJECT TO ANNUAL APPROPRIATION BY THE  LEGISLATURE.  ANY  SUCH
   27  CONTRACT  OR  ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED
   28  AND PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT  CORPO-
   29  RATION  AS  SECURITY  FOR  ITS  BONDS  AND  NOTES, AS AUTHORIZED BY THIS
   30  SECTION.
   31    S 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
   32  of 1997, relating  to  the  financing  of  the  correctional  facilities
   33  improvement  fund and the youth facility improvement fund, as amended by
   34  section 29 of part I of chapter 55 of the laws of 2014,  is  amended  to
   35  read as follows:
   36    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
   37  notwithstanding the provisions of section 18 of section 1 of chapter 174
   38  of the laws of 1968, the New York state urban development corporation is
   39  hereby authorized to issue bonds, notes  and  other  obligations  in  an
   40  aggregate  principal  amount  not  to  exceed  seven billion one hundred
   41  [forty-eight] SIXTY-THREE  million  THREE  HUNDRED  sixty-nine  thousand
   42  dollars  [$7,148,069,000]  $7,163,369,000,  and shall include all bonds,
   43  notes and other obligations issued pursuant to chapter 56 of the laws of
   44  1983, as amended or supplemented. The proceeds of such bonds,  notes  or
   45  other obligations shall be paid to the state, for deposit in the correc-
   46  tional facilities capital improvement fund to pay for all or any portion
   47  of  the amount or amounts paid by the state from appropriations or reap-
   48  propriations made to the department of corrections and community  super-
   49  vision  from  the  correctional  facilities capital improvement fund for
   50  capital projects. The aggregate amount of bonds, notes  or  other  obli-
   51  gations  authorized  to be issued pursuant to this section shall exclude
   52  bonds, notes or other obligations issued to refund  or  otherwise  repay
   53  bonds,  notes  or  other obligations theretofore issued, the proceeds of
   54  which were paid to the state  for  all  or  a  portion  of  the  amounts
   55  expended  by  the  state from appropriations or reappropriations made to
   56  the department  of  corrections  and  community  supervision;  provided,
       A. 6005                            45
    1  however,  that  upon any such refunding or repayment the total aggregate
    2  principal amount of outstanding bonds, notes or other obligations may be
    3  greater than seven billion one hundred [forty-eight] SIXTY-THREE million
    4  THREE    HUNDRED    sixty-nine    thousand    dollars   [$7,148,069,000]
    5  $7,163,369,000, only if the present value of the aggregate debt  service
    6  of  the  refunding  or repayment bonds, notes or other obligations to be
    7  issued shall not exceed the present value of the aggregate debt  service
    8  of  the  bonds,  notes or other obligations so to be refunded or repaid.
    9  For the purposes hereof, the present value of the aggregate debt service
   10  of the refunding or repayment bonds, notes or other obligations  and  of
   11  the  aggregate  debt service of the bonds, notes or other obligations so
   12  refunded or repaid, shall  be  calculated  by  utilizing  the  effective
   13  interest  rate of the refunding or repayment bonds, notes or other obli-
   14  gations, which shall be that rate arrived at by doubling the semi-annual
   15  interest rate (compounded semi-annually) necessary to discount the  debt
   16  service  payments  on  the  refunding or repayment bonds, notes or other
   17  obligations from the payment dates thereof to the date of issue  of  the
   18  refunding  or  repayment  bonds,  notes  or other obligations and to the
   19  price bid including estimated accrued interest or proceeds  received  by
   20  the corporation including estimated accrued interest from the sale ther-
   21  eof.
   22    S  28.  Paragraph  (a) of subdivision 2 of section 47-e of the private
   23  housing finance law, as amended by section 30 of part I of chapter 55 of
   24  the laws of 2014, is amended to read as follows:
   25    (a) Subject to the provisions of chapter fifty-nine of the laws of two
   26  thousand, in order to enhance and encourage  the  promotion  of  housing
   27  programs  and thereby achieve the stated purposes and objectives of such
   28  housing programs, the agency shall have the power and is hereby  author-
   29  ized  from  time  to  time to issue negotiable housing program bonds and
   30  notes in such principal amount as shall be necessary to  provide  suffi-
   31  cient  funds  for the repayment of amounts disbursed (and not previously
   32  reimbursed) pursuant to law or any prior year making  capital  appropri-
   33  ations  or  reappropriations  for  the  purposes of the housing program;
   34  provided, however, that the agency may issue such bonds and notes in  an
   35  aggregate  principal amount not exceeding [two] THREE billion [nine] ONE
   36  hundred [ninety-nine]  FIFTY-THREE  million  SEVEN  HUNDRED  ninety-nine
   37  thousand  dollars,  plus  a principal amount of bonds issued to fund the
   38  debt service reserve fund in accordance with the  debt  service  reserve
   39  fund  requirement  established  by  the  agency  and  to  fund any other
   40  reserves that the agency reasonably deems necessary for the security  or
   41  marketability  of  such bonds and to provide for the payment of fees and
   42  other charges and expenses, including  underwriters'  discount,  trustee
   43  and rating agency fees, bond insurance, credit enhancement and liquidity
   44  enhancement  related to the issuance of such bonds and notes. No reserve
   45  fund securing the housing program bonds shall be entitled or eligible to
   46  receive state funds apportioned or appropriated to maintain  or  restore
   47  such  reserve  fund at or to a particular level, except to the extent of
   48  any deficiency resulting directly or indirectly from a  failure  of  the
   49  state to appropriate or pay the agreed amount under any of the contracts
   50  provided for in subdivision four of this section.
   51    S  29.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
   52  1991, amending the state finance law and  other  laws  relating  to  the
   53  establishment of the dedicated highway and bridge trust fund, as amended
   54  by section 31 of part I of chapter 55 of the laws of 2014, is amended to
   55  read as follows:
       A. 6005                            46
    1    (b) Any service contract or contracts for projects authorized pursuant
    2  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    3  14-k of the transportation law, and entered into pursuant to subdivision
    4  (a) of this section, shall provide  for  state  commitments  to  provide
    5  annually  to  the  thruway  authority a sum or sums, upon such terms and
    6  conditions as shall be deemed appropriate by the director of the budget,
    7  to fund, or fund the debt service requirements of any bonds or any obli-
    8  gations of the thruway authority issued to  fund  or  to  reimburse  the
    9  state  for  funding  such  projects  having  a  cost  not  in  excess of
   10  [$8,120,728,000] $8,608,881,000 cumulatively by the end of  fiscal  year
   11  [2014-15] 2015-16.
   12    S  30.  Subdivision 1 of section 1689-i of the public authorities law,
   13  as amended by section 32 of part I of chapter 55 of the laws of 2014, is
   14  amended to read as follows:
   15    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
   16  request  of  the  commissioner of education, to finance eligible library
   17  construction projects pursuant to section two hundred seventy-three-a of
   18  the education law, in amounts certified  by  such  commissioner  not  to
   19  exceed  a total principal amount of [one hundred twenty-six] ONE HUNDRED
   20  FORTY million dollars.
   21    S 31. Subdivision (a) of section 27 of part Y of  chapter  61  of  the
   22  laws  of  2005,  providing  for  the administration of certain funds and
   23  accounts related to the 2005-2006 budget, as amended by  section  33  of
   24  part I of chapter 55 of the laws of 2014, is amended to read as follows:
   25    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
   26  notwithstanding any provisions of law to the contrary, the urban  devel-
   27  opment  corporation  is hereby authorized to issue bonds or notes in one
   28  or  more  series  in  an  aggregate  principal  amount  not  to   exceed
   29  [$149,600,000]  $155,600,000,  excluding  bonds issued to finance one or
   30  more debt service reserve funds, to pay costs of issuance of such bonds,
   31  and bonds or notes issued to refund or otherwise  repay  such  bonds  or
   32  notes  previously  issued, for the purpose of financing capital projects
   33  including IT initiatives for the division of state police, debt  service
   34  and  leases;  and  to reimburse the state general fund for disbursements
   35  made therefor. Such bonds and notes of such authorized issuer shall  not
   36  be  a  debt of the state, and the state shall not be liable thereon, nor
   37  shall they be payable out of any funds other than those appropriated  by
   38  the  state  to  such  authorized  issuer  for  debt  service and related
   39  expenses pursuant to any service contract executed pursuant to  subdivi-
   40  sion  (b)  of this section and such bonds and notes shall contain on the
   41  face thereof a statement to such effect. Except for purposes of  comply-
   42  ing  with  the internal revenue code, any interest income earned on bond
   43  proceeds shall only be used to pay debt service on such bonds.
   44    S 32. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
   45  constituting  the  New  York state urban development corporation act, as
   46  amended by section 34 of part I of chapter 55 of the laws  of  2014,  is
   47  amended to read as follows:
   48    S  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
   49  provisions of any other law to the contrary, the dormitory authority and
   50  the corporation are hereby authorized to issue bonds or notes in one  or
   51  more  series  for  the purpose of funding project costs for the regional
   52  economic development council  initiative,  the  economic  transformation
   53  program,  state university of New York college for nanoscale and science
   54  engineering, projects within the city of Buffalo  or  surrounding  envi-
   55  rons,  the  New  York  works economic development fund, projects for the
   56  retention of professional football in western New York, the empire state
       A. 6005                            47
    1  economic development fund, the  clarkson-trudeau  partnership,  the  New
    2  York  genome  center, the cornell university college of veterinary medi-
    3  cine, the olympic regional development  authority,  a  project  at  nano
    4  Utica,  onondaga  county  revitalization projects, BINGHAMTON UNIVERSITY
    5  SCHOOL OF PHARMACY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM,
    6  and other state costs associated with such projects. The aggregate prin-
    7  cipal amount of bonds authorized to be issued pursuant to  this  section
    8  shall  not  exceed  two  billion [two] FOUR hundred [three] EIGHTY-EIGHT
    9  million two hundred fifty-seven thousand dollars, excluding bonds issued
   10  to fund one or more debt service reserve funds, to pay costs of issuance
   11  of such bonds, and bonds or notes issued to refund  or  otherwise  repay
   12  such  bonds  or  notes  previously  issued.  Such bonds and notes of the
   13  dormitory authority and the corporation shall  not  be  a  debt  of  the
   14  state,  and  the  state  shall  not be liable thereon, nor shall they be
   15  payable out of any funds other than those appropriated by the  state  to
   16  the dormitory authority and the corporation for principal, interest, and
   17  related expenses pursuant to a service contract and such bonds and notes
   18  shall contain on the face thereof a statement to such effect. Except for
   19  purposes  of  complying  with  the  internal  revenue code, any interest
   20  income earned on bond proceeds shall only be used to pay debt service on
   21  such bonds.
   22    2. Notwithstanding any other provision of  law  to  the  contrary,  in
   23  order to assist the dormitory authority and the corporation in undertak-
   24  ing  the  financing for project costs for the regional economic develop-
   25  ment council initiative,  the  economic  transformation  program,  state
   26  university  of  New  York college for nanoscale and science engineering,
   27  projects within the city of Buffalo or  surrounding  environs,  the  New
   28  York  works  economic  development  fund,  projects for the retention of
   29  professional football in western New York,  the  empire  state  economic
   30  development  fund, the clarkson-trudeau partnership, the New York genome
   31  center, the cornell university college of veterinary medicine, the olym-
   32  pic regional development authority, a project at  nano  Utica,  onondaga
   33  county  revitalization projects, BINGHAMTON UNIVERSITY SCHOOL OF PHARMA-
   34  CY, NEW YORK POWER ELECTRONICS MANUFACTURING CONSORTIUM, and other state
   35  costs associated with such projects, the director of the budget is here-
   36  by authorized to enter into one  or  more  service  contracts  with  the
   37  dormitory  authority  and  the  corporation,  none of which shall exceed
   38  thirty years in duration, upon such terms and conditions as the director
   39  of the budget and the dormitory authority and the corporation agree,  so
   40  as  to  annually provide to the dormitory authority and the corporation,
   41  in the aggregate, a sum not  to  exceed  the  principal,  interest,  and
   42  related expenses required for such bonds and notes. Any service contract
   43  entered  into pursuant to this section shall provide that the obligation
   44  of the state to pay the amount therein provided shall not  constitute  a
   45  debt  of the state within the meaning of any constitutional or statutory
   46  provision and shall be deemed executory only to  the  extent  of  monies
   47  available  and  that  no liability shall be incurred by the state beyond
   48  the monies available for such purpose, subject to  annual  appropriation
   49  by the legislature. Any such contract or any payments made or to be made
   50  thereunder  may  be  assigned and pledged by the dormitory authority and
   51  the corporation as security for its bonds and notes,  as  authorized  by
   52  this section.
   53    S  33.  Subdivision 3 of section 1285-p of the public authorities law,
   54  as amended by section 35 of part I of chapter 55 of the laws of 2014, is
   55  amended to read as follows:
       A. 6005                            48
    1    3. The maximum amount of bonds that may be issued for the  purpose  of
    2  financing  environmental  infrastructure  projects  authorized  by  this
    3  section shall be one billion [three] FIVE hundred [ninety-eight]  SEVEN-
    4  TY-FIVE million [two] SEVEN hundred sixty thousand dollars, exclusive of
    5  bonds  issued to fund any debt service reserve funds, pay costs of issu-
    6  ance of such bonds, and bonds or notes issued  to  refund  or  otherwise
    7  repay  bonds  or  notes  previously  issued. Such bonds and notes of the
    8  corporation shall not be a debt of the state, and the state shall not be
    9  liable thereon, nor shall they be payable out of any  funds  other  than
   10  those  appropriated by the state to the corporation for debt service and
   11  related expenses pursuant to any service contracts executed pursuant  to
   12  subdivision  one of this section, and such bonds and notes shall contain
   13  on the face thereof a statement to such effect.
   14    S 34. Subdivision 1 of section 45 of section 1 of chapter 174  of  the
   15  laws  of  1968, constituting the New York state urban development corpo-
   16  ration act, as amended by section 37 of part I of chapter 55 of the laws
   17  of 2014, is amended to read as follows:
   18    1. Notwithstanding the provisions of any other law  to  the  contrary,
   19  the  urban  development  corporation  of the state of New York is hereby
   20  authorized to issue bonds or notes in one or more series for the purpose
   21  of funding project costs for the implementation of a NY-SUNY and NY-CUNY
   22  2020 challenge grant program subject to the approval of  a  NY-SUNY  and
   23  NY-CUNY  2020 plan or plans by the governor and either the chancellor of
   24  the state university of New York or the chancellor of the city universi-
   25  ty of New York, as applicable. The aggregate principal amount  of  bonds
   26  authorized  to  be  issued  pursuant  to  this  section shall not exceed
   27  [$330,000,000] $440,000,000, excluding bonds issued to fund one or  more
   28  debt  service reserve funds, to pay costs of issuance of such bonds, and
   29  bonds or notes issued to refund or otherwise repay such bonds  or  notes
   30  previously  issued. Such bonds and notes of the corporation shall not be
   31  a debt of the state, and the state shall  not  be  liable  thereon,  nor
   32  shall  they be payable out of any funds other than those appropriated by
   33  the state to  the  corporation  for  principal,  interest,  and  related
   34  expenses  pursuant  to a service contract and such bonds and notes shall
   35  contain on the face thereof a  statement  to  such  effect.  Except  for
   36  purposes  of  complying  with  the  internal  revenue code, any interest
   37  income earned on bond proceeds shall only be used to pay debt service on
   38  such bonds.
   39    S 35. Subdivision (a) of section 48 of part K of  chapter  81  of  the
   40  laws  of  2002,  providing  for  the administration of certain funds and
   41  accounts related to the 2002-2003 budget, as amended by  section  38  of
   42  part I of chapter 55 of the laws of 2014, is amended to read as follows:
   43    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
   44  notwithstanding the provisions of section 18 of  the  urban  development
   45  corporation  act, the corporation is hereby authorized to issue bonds or
   46  notes in one or more series in an  aggregate  principal  amount  not  to
   47  exceed  $197,000,000  excluding  bonds  issued  to fund one or more debt
   48  service reserve funds, to pay costs of issuance of such bonds, and bonds
   49  or notes issued to refund or otherwise repay such bonds or notes  previ-
   50  ously  issued,  for  the  purpose  of financing capital costs related to
   51  homeland security and training facilities  for  the  division  of  state
   52  police,  the division of military and naval affairs, and any other state
   53  agency, including the reimbursement of any disbursements made  from  the
   54  state  capital projects fund, and is hereby authorized to issue bonds or
   55  notes in one or more series in an  aggregate  principal  amount  not  to
   56  exceed  [$317,800,000]  $469,800,000, excluding bonds issued to fund one
       A. 6005                            49
    1  or more debt service reserve funds, to pay costs  of  issuance  of  such
    2  bonds, and bonds or notes issued to refund or otherwise repay such bonds
    3  or notes previously issued, for the purpose of financing improvements to
    4  State office buildings and other facilities located statewide, including
    5  the  reimbursement  of  any  disbursements  made  from the state capital
    6  projects fund. Such bonds and notes of the corporation shall  not  be  a
    7  debt  of the state, and the state shall not be liable thereon, nor shall
    8  they be payable out of any funds other than those  appropriated  by  the
    9  state  to the corporation for debt service and related expenses pursuant
   10  to any service contracts executed pursuant to subdivision  (b)  of  this
   11  section,  and  such  bonds and notes shall contain on the face thereof a
   12  statement to such effect.
   13    S 36. Subdivision 1 of section 386-b of the public authorities law, as
   14  amended by section 39 of part I of chapter 55 of the laws  of  2014,  is
   15  amended to read as follows:
   16    1.  Notwithstanding  any  other  provision of law to the contrary, the
   17  authority, the dormitory authority and the urban development corporation
   18  are hereby authorized to issue bonds or notes in one or more series  for
   19  the  purpose  of  financing  peace  bridge projects and capital costs of
   20  state and local highways, parkways, bridges, the New York state thruway,
   21  Indian reservation roads, and facilities, and transportation infrastruc-
   22  ture  projects  including  aviation  projects,  non-MTA   mass   transit
   23  projects,  and rail service preservation projects, including work appur-
   24  tenant and ancillary thereto. The aggregate principal  amount  of  bonds
   25  authorized  to  be  issued pursuant to this section shall not exceed ONE
   26  BILLION four hundred [sixty-five] FORTY million dollars [($465,000,000)]
   27  $1,440,000,000, excluding bonds issued to fund one or more debt  service
   28  reserve  funds, to pay costs of issuance of such bonds, and to refund or
   29  otherwise repay such bonds or notes previously issued.  Such  bonds  and
   30  notes  of  the authority, the dormitory authority and the urban develop-
   31  ment corporation shall not be a debt of the state, and the  state  shall
   32  not  be liable thereon, nor shall they be payable out of any funds other
   33  than those appropriated by the state to  the  authority,  the  dormitory
   34  authority and the urban development corporation for principal, interest,
   35  and  related  expenses pursuant to a service contract and such bonds and
   36  notes shall contain on the face thereof  a  statement  to  such  effect.
   37  Except  for  purposes  of  complying with the internal revenue code, any
   38  interest income earned on bond proceeds shall only be used to  pay  debt
   39  service on such bonds.
   40    S  37.  Paragraph  (c) of subdivision 19 of section 1680 of the public
   41  authorities law, as amended by section 40 of part I of chapter 55 of the
   42  laws of 2014, is amended to read as follows:
   43    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   44  thousand, the dormitory authority shall not issue any  bonds  for  state
   45  university  educational  facilities  purposes if the principal amount of
   46  bonds to be issued when added to the aggregate principal amount of bonds
   47  issued by the dormitory authority on  and  after  July  first,  nineteen
   48  hundred  eighty-eight  for  state university educational facilities will
   49  exceed  [ten]  ELEVEN   billion   [nine]   TWO   hundred   [eighty-four]
   50  TWENTY-EIGHT million dollars; provided, however, that bonds issued or to
   51  be  issued shall be excluded from such limitation if: (1) such bonds are
   52  issued to refund state university construction bonds and state universi-
   53  ty construction notes previously issued by the housing  finance  agency;
   54  or  (2)  such bonds are issued to refund bonds of the authority or other
   55  obligations issued for state university educational facilities  purposes
   56  and  the  present  value  of the aggregate debt service on the refunding
       A. 6005                            50
    1  bonds does not exceed the present value of the aggregate debt service on
    2  the bonds refunded thereby; provided, further that upon certification by
    3  the director of the budget that the issuance of refunding bonds or other
    4  obligations  issued between April first, nineteen hundred ninety-two and
    5  March thirty-first, nineteen hundred  ninety-three  will  generate  long
    6  term  economic  benefits  to  the  state, as assessed on a present value
    7  basis, such issuance will be deemed to have met the present  value  test
    8  noted  above. For purposes of this subdivision, the present value of the
    9  aggregate debt service of the refunding bonds  and  the  aggregate  debt
   10  service of the bonds refunded, shall be calculated by utilizing the true
   11  interest  cost  of the refunding bonds, which shall be that rate arrived
   12  at by doubling the semi-annual interest rate (compounded  semi-annually)
   13  necessary  to  discount the debt service payments on the refunding bonds
   14  from the payment dates thereof to the date of  issue  of  the  refunding
   15  bonds  to  the purchase price of the refunding bonds, including interest
   16  accrued thereon prior to the issuance  thereof.  The  maturity  of  such
   17  bonds,  other  than  bonds issued to refund outstanding bonds, shall not
   18  exceed the weighted average economic life, as  certified  by  the  state
   19  university construction fund, of the facilities in connection with which
   20  the  bonds  are  issued,  and  in any case not later than the earlier of
   21  thirty years or the expiration of the term of  any  lease,  sublease  or
   22  other  agreement  relating  thereto;  provided  that  no note, including
   23  renewals thereof, shall mature later than five years after the  date  of
   24  issuance  of  such  note. The legislature reserves the right to amend or
   25  repeal such limit, and the state of New York, the  dormitory  authority,
   26  the  state university of New York, and the state university construction
   27  fund are prohibited from covenanting or making any other agreements with
   28  or for the benefit of bondholders which might in  any  way  affect  such
   29  right.
   30    S  38.  Paragraph  (c) of subdivision 14 of section 1680 of the public
   31  authorities law, as amended by section 41 of part I of chapter 55 of the
   32  laws of 2014, is amended to read as follows:
   33    (c) Subject to the provisions of chapter fifty-nine of the laws of two
   34  thousand, (i) the dormitory authority shall  not  deliver  a  series  of
   35  bonds for city university community college facilities, except to refund
   36  or  to  be substituted for or in lieu of other bonds in relation to city
   37  university community college facilities pursuant to a resolution of  the
   38  dormitory  authority adopted before July first, nineteen hundred eighty-
   39  five or any resolution supplemental thereto, if the principal amount  of
   40  bonds  so  to  be  issued  when  added to all principal amounts of bonds
   41  previously issued by the dormitory authority for city university  commu-
   42  nity  college  facilities, except to refund or to be substituted in lieu
   43  of other bonds in relation to city university community college  facili-
   44  ties will exceed the sum of four hundred twenty-five million dollars and
   45  (ii)  the dormitory authority shall not deliver a series of bonds issued
   46  for city university facilities, including community college  facilities,
   47  pursuant  to a resolution of the dormitory authority adopted on or after
   48  July first, nineteen hundred eighty-five, except  to  refund  or  to  be
   49  substituted for or in lieu of other bonds in relation to city university
   50  facilities  and except for bonds issued pursuant to a resolution supple-
   51  mental to a resolution of the dormitory authority adopted prior to  July
   52  first, nineteen hundred eighty-five, if the principal amount of bonds so
   53  to  be  issued  when  added  to the principal amount of bonds previously
   54  issued pursuant to any such resolution, except bonds issued to refund or
   55  to be substituted for or in lieu of other  bonds  in  relation  to  city
   56  university  facilities,  will  exceed  seven billion [two] THREE hundred
       A. 6005                            51
    1  [seventy-three] NINETY-TWO million [three]  SEVEN  hundred  [thirty-one]
    2  FIFTY-THREE  thousand  dollars.  The  legislature  reserves the right to
    3  amend or repeal such limit, and the state of  New  York,  the  dormitory
    4  authority,  the city university, and the fund are prohibited from coven-
    5  anting or making any other agreements with or for the benefit  of  bond-
    6  holders which might in any way affect such right.
    7    S  39. Subdivision 10-a of section 1680 of the public authorities law,
    8  as amended by section 42 of part I of chapter 55 of the laws of 2014, is
    9  amended to read as follows:
   10    10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
   11  two  thousand, but notwithstanding any other provision of the law to the
   12  contrary, the maximum amount of bonds and notes to be issued after March
   13  thirty-first, two thousand two, on behalf of the state, in  relation  to
   14  any  locally sponsored community college, shall be [seven] EIGHT hundred
   15  [seventy-six]  THIRTY-EIGHT  million   [three]   FOUR   hundred   [five]
   16  FIFTY-EIGHT  thousand  dollars.  Such amount shall be exclusive of bonds
   17  and notes issued to fund any reserve fund or funds,  costs  of  issuance
   18  and  to  refund any outstanding bonds and notes, issued on behalf of the
   19  state, relating to a locally sponsored community college.
   20    S 40. Section 1680-r of  the  public  authorities  law,  as  added  by
   21  section  43  of  part I of chapter 55 of the laws of 2014, is amended to
   22  read as follows:
   23    S 1680-r. Authorization for the issuance  of  bonds  for  the  capital
   24  restructuring financing program AND THE HEALTH CARE FACILITY TRANSFORMA-
   25  TION  PROGRAM. 1. Notwithstanding the provisions of any other law to the
   26  contrary, the dormitory authority and the urban development  corporation
   27  are  hereby authorized to issue bonds or notes in one or more series for
   28  the purpose of funding  project  costs  for  the  capital  restructuring
   29  financing program for health care and related facilities licensed pursu-
   30  ant  to  the public health law or the mental hygiene law and other state
   31  costs associated with such capital projects AND THE HEALTH CARE FACILITY
   32  TRANSFORMATION PROGRAM.  The aggregate principal amount of bonds author-
   33  ized to be issued pursuant to this section shall not  exceed  [one]  TWO
   34  billion  two hundred million dollars, excluding bonds issued to fund one
   35  or more debt service reserve funds, to pay costs  of  issuance  of  such
   36  bonds, and bonds or notes issued to refund or otherwise repay such bonds
   37  or  notes  previously  issued.  Such  bonds  and  notes of the dormitory
   38  authority and the urban development corporation shall not be a  debt  of
   39  the  state, and the state shall not be liable thereon, nor shall they be
   40  payable out of any funds other than those appropriated by the  state  to
   41  the  dormitory authority and the urban development corporation for prin-
   42  cipal, interest, and related expenses pursuant to a service contract and
   43  such bonds and notes shall contain on the face thereof  a  statement  to
   44  such  effect. Except for purposes of complying with the internal revenue
   45  code, any interest income earned on bond proceeds shall only be used  to
   46  pay debt service on such bonds.
   47    2.  Notwithstanding  any  other  provision  of law to the contrary, in
   48  order to assist the dormitory authority and the urban development corpo-
   49  ration in undertaking the financing for project costs  for  the  capital
   50  restructuring  financing  program for health care and related facilities
   51  licensed pursuant to the public health law or the mental hygiene law and
   52  other state costs associated with such capital projects AND  THE  HEALTH
   53  CARE  FACILITY  TRANSFORMATION  PROGRAM,  the  director of the budget is
   54  hereby authorized to enter into one or more service contracts  with  the
   55  dormitory authority and the urban development corporation, none of which
   56  shall exceed thirty years in duration, upon such terms and conditions as
       A. 6005                            52
    1  the  director  of  the  budget and the dormitory authority and the urban
    2  development corporation agree, so as to annually provide to the dormito-
    3  ry authority and the urban development corporation, in the aggregate,  a
    4  sum not to exceed the principal, interest, and related expenses required
    5  for  such bonds and notes. Any service contract entered into pursuant to
    6  this section shall provide that the obligation of the state to  pay  the
    7  amount  therein provided shall not constitute a debt of the state within
    8  the meaning of any constitutional or statutory provision  and  shall  be
    9  deemed  executory  only  to  the  extent of monies available and that no
   10  liability shall be incurred by the state beyond the monies available for
   11  such purpose, subject to annual appropriation by  the  legislature.  Any
   12  such  contract  or  any  payments  made  or to be made thereunder may be
   13  assigned and pledged by the dormitory authority and the  urban  develop-
   14  ment  corporation  as security for its bonds and notes, as authorized by
   15  this section.
   16    S 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
   17  of 1997, relating  to  the  financing  of  the  correctional  facilities
   18  improvement  fund and the youth facility improvement fund, as amended by
   19  section 44 of part I of chapter 55 of the laws of 2014,  is  amended  to
   20  read as follows:
   21    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
   22  notwithstanding the provisions of section 18 of section 1 of chapter 174
   23  of the laws of 1968, the New York state urban development corporation is
   24  hereby authorized to issue bonds, notes  and  other  obligations  in  an
   25  aggregate principal amount not to exceed [four] SIX hundred [sixty-five]
   26  ELEVEN million [three] TWO hundred [sixty-five] FIFTEEN thousand dollars
   27  [($465,365,000)]   ($611,215,000),  which  authorization  increases  the
   28  aggregate principal amount of bonds, notes and other obligations author-
   29  ized by section 40 of chapter 309 of the laws of 1996, and shall include
   30  all bonds, notes and other obligations issued pursuant to chapter 211 of
   31  the laws of 1990, as amended  or  supplemented.  The  proceeds  of  such
   32  bonds, notes or other obligations shall be paid to the state, for depos-
   33  it  in  the  youth  facilities  improvement  fund, to pay for all or any
   34  portion of the amount or amounts paid by the state  from  appropriations
   35  or  reappropriations  made to the office of children and family services
   36  from the youth facilities improvement fund  for  capital  projects.  The
   37  aggregate  amount of bonds, notes and other obligations authorized to be
   38  issued pursuant to this section shall  exclude  bonds,  notes  or  other
   39  obligations  issued  to  refund or otherwise repay bonds, notes or other
   40  obligations theretofore issued, the proceeds of which were paid  to  the
   41  state  for  all  or  a portion of the amounts expended by the state from
   42  appropriations or reappropriations made to the office  of  children  and
   43  family  services;  provided,  however,  that  upon any such refunding or
   44  repayment the total aggregate principal  amount  of  outstanding  bonds,
   45  notes  or  other  obligations  may  be  greater  than [four] SIX hundred
   46  [sixty-five] ELEVEN million [three]  TWO  hundred  [sixty-five]  FIFTEEN
   47  thousand  dollars  [($465,365,000)]  ($611,215,000), only if the present
   48  value of the aggregate debt service of the refunding or repayment bonds,
   49  notes or other obligations to be issued shall  not  exceed  the  present
   50  value  of  the aggregate debt service of the bonds, notes or other obli-
   51  gations so to be refunded or repaid. For the purposes hereof, the  pres-
   52  ent  value  of  the aggregate debt service of the refunding or repayment
   53  bonds, notes or other obligations and of the aggregate debt  service  of
   54  the  bonds,  notes  or other obligations so refunded or repaid, shall be
   55  calculated by utilizing the effective interest rate of the refunding  or
   56  repayment  bonds,  notes  or other obligations, which shall be that rate
       A. 6005                            53
    1  arrived at by doubling the semi-annual interest rate  (compounded  semi-
    2  annually) necessary to discount the debt service payments on the refund-
    3  ing  or  repayment  bonds,  notes  or other obligations from the payment
    4  dates  thereof to the date of issue of the refunding or repayment bonds,
    5  notes or other obligations and to  the  price  bid  including  estimated
    6  accrued interest or proceeds received by the corporation including esti-
    7  mated accrued interest from the sale thereof.
    8    S  42.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
    9  chapter 392 of the laws of 1973, constituting the New York state medical
   10  care facilities finance agency act, as amended by section 46 of  part  I
   11  of chapter 55 of the laws of 2014, is amended to read as follows:
   12    b.  The  agency shall have power and is hereby authorized from time to
   13  time to issue negotiable bonds and notes in conformity  with  applicable
   14  provisions  of  the uniform commercial code in such principal amount as,
   15  in the opinion of the agency, shall  be  necessary,  after  taking  into
   16  account  other moneys which may be available for the purpose, to provide
   17  sufficient funds to  the  facilities  development  corporation,  or  any
   18  successor agency, for the financing or refinancing of or for the design,
   19  construction, acquisition, reconstruction, rehabilitation or improvement
   20  of  mental  health  services  facilities pursuant to paragraph a of this
   21  subdivision, the payment of interest on mental health services  improve-
   22  ment  bonds and mental health services improvement notes issued for such
   23  purposes, the establishment of reserves to secure such bonds and  notes,
   24  the  cost  or  premium  of  bond insurance or the costs of any financial
   25  mechanisms which may be used to reduce the debt service  that  would  be
   26  payable  by the agency on its mental health services facilities improve-
   27  ment bonds and notes and all other expenditures of the  agency  incident
   28  to  and  necessary or convenient to providing the facilities development
   29  corporation, or any successor agency, with funds for  the  financing  or
   30  refinancing of or for any such design, construction, acquisition, recon-
   31  struction, rehabilitation or improvement and for the refunding of mental
   32  hygiene improvement bonds issued pursuant to section 47-b of the private
   33  housing  finance law; provided, however, that the agency shall not issue
   34  mental health services facilities improvement bonds  and  mental  health
   35  services  facilities  improvement notes in an aggregate principal amount
   36  exceeding seven billion [four] SEVEN  hundred  [thirty-five]  TWENTY-TWO
   37  million  eight hundred fifteen thousand dollars, excluding mental health
   38  services facilities improvement bonds and mental health services facili-
   39  ties improvement  notes  issued  to  refund  outstanding  mental  health
   40  services facilities improvement bonds and mental health services facili-
   41  ties  improvement notes; provided, however, that upon any such refunding
   42  or repayment of mental  health  services  facilities  improvement  bonds
   43  and/or  mental  health  services  facilities improvement notes the total
   44  aggregate principal amount of outstanding mental health services facili-
   45  ties improvement bonds and mental health  facilities  improvement  notes
   46  may  be  greater  than  seven billion [four] SEVEN hundred [thirty-five]
   47  TWENTY-TWO million eight  hundred  fifteen  thousand  dollars  only  if,
   48  except  as  hereinafter  provided with respect to mental health services
   49  facilities bonds and mental health services facilities notes  issued  to
   50  refund mental hygiene improvement bonds authorized to be issued pursuant
   51  to  the  provisions  of section 47-b of the private housing finance law,
   52  the present value of the aggregate debt  service  of  the  refunding  or
   53  repayment  bonds  to be issued shall not exceed the present value of the
   54  aggregate debt service of the  bonds  to  be  refunded  or  repaid.  For
   55  purposes hereof, the present values of the aggregate debt service of the
   56  refunding  or  repayment  bonds,  notes  or other obligations and of the
       A. 6005                            54
    1  aggregate debt service of the  bonds,  notes  or  other  obligations  so
    2  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
    3  interest rate of the refunding or repayment bonds, notes or other  obli-
    4  gations, which shall be that rate arrived at by doubling the semi-annual
    5  interest  rate (compounded semi-annually) necessary to discount the debt
    6  service payments on the refunding or repayment  bonds,  notes  or  other
    7  obligations  from  the payment dates thereof to the date of issue of the
    8  refunding or repayment bonds, notes or  other  obligations  and  to  the
    9  price  bid  including estimated accrued interest or proceeds received by
   10  the authority including estimated accrued interest from the sale  there-
   11  of.  Such  bonds,  other  than bonds issued to refund outstanding bonds,
   12  shall be scheduled to mature over a  term  not  to  exceed  the  average
   13  useful  life, as certified by the facilities development corporation, of
   14  the projects for which the bonds are issued, and in any case  shall  not
   15  exceed  thirty  years  and the maximum maturity of notes or any renewals
   16  thereof shall not exceed five years from the date of the original  issue
   17  of such notes. Notwithstanding the provisions of this section, the agen-
   18  cy  shall have the power and is hereby authorized to issue mental health
   19  services facilities improvement  bonds  and/or  mental  health  services
   20  facilities  improvement  notes  to  refund  outstanding  mental  hygiene
   21  improvement bonds authorized to be issued pursuant to the provisions  of
   22  section  47-b of the private housing finance law and the amount of bonds
   23  issued or outstanding for  such  purposes  shall  not  be  included  for
   24  purposes  of  determining  the  amount  of bonds issued pursuant to this
   25  section. The director of the budget shall allocate the aggregate princi-
   26  pal authorized to be issued by the agency among  the  office  of  mental
   27  health,  office  for  people  with  developmental  disabilities, and the
   28  office of alcoholism and substance abuse services, in consultation  with
   29  their respective commissioners to finance bondable appropriations previ-
   30  ously approved by the legislature.
   31    S  43.  Paragraph  (b) of subdivision 3 of section 1 and clause (B) of
   32  subparagraph (iii) of paragraph (j) of subdivision 4  of  section  1  of
   33  part D of chapter 63 of the laws of 2005 relating to the composition and
   34  responsibilities of the New York state higher education capital matching
   35  grant  board,  as amended by section 46-c of part I of chapter 55 of the
   36  laws of 2014, is amended to read as follows:
   37    (b) Within amounts appropriated therefor, the board is hereby  author-
   38  ized  and  directed  to award matching capital grants totaling [180] 210
   39  million dollars. Each college shall be eligible for a grant award amount
   40  as determined by the calculations pursuant to subdivision five  of  this
   41  section.  In  addition,  such  colleges shall be eligible to compete for
   42  additional funds pursuant to paragraph (h) of subdivision four  of  this
   43  section.
   44    (B)  The  dormitory authority shall not issue any bonds or notes in an
   45  amount in excess of [180] 210 million dollars for the purposes  of  this
   46  section;  excluding  bonds  or  notes  issued  to  fund one or more debt
   47  service reserve funds, to pay costs of issuance of such bonds, and bonds
   48  or notes issued to refund or otherwise repay such bonds or notes  previ-
   49  ously issued. Except for purposes of complying with the internal revenue
   50  code,  any  interest  on  bond  proceeds  shall only be used to pay debt
   51  service on such bonds.
   52    S 44. Intentionally omitted.
   53    S 45. Intentionally omitted.
   54    S 46. Subdivision 1 of section 386-a of the public authorities law, as
   55  added by section 46 of part U of chapter 59 of  the  laws  of  2012,  is
   56  amended to read as follows:
       A. 6005                            55
    1    1.  Notwithstanding  any  other  provision of law to the contrary, the
    2  authority, the dormitory authority and the urban development corporation
    3  are hereby authorized to issue bonds or notes in one or more series  for
    4  the  purpose  of  assisting the metropolitan transportation authority in
    5  the  financing  of  transportation  facilities as defined in subdivision
    6  seventeen of section twelve  hundred  sixty-one  of  this  chapter.  The
    7  aggregate  principal amount of bonds authorized to be issued pursuant to
    8  this section shall not exceed ONE BILLION [seven] FIVE hundred [seventy]
    9  TWENTY  million  dollars  [($770,000,000)]  ($1,520,000,000),  excluding
   10  bonds  issued  to  fund  one  or more debt service reserve funds, to pay
   11  costs of issuance of such bonds, and to refund or otherwise  repay  such
   12  bonds or notes previously issued. Such bonds and notes of the authority,
   13  the  dormitory authority and the urban development corporation shall not
   14  be a debt of the state, and the state shall not be liable  thereon,  nor
   15  shall  they be payable out of any funds other than those appropriated by
   16  the state to the authority, the dormitory authority and the urban devel-
   17  opment corporation for principal, interest, and related expenses  pursu-
   18  ant  to a service contract and such bonds and notes shall contain on the
   19  face thereof a statement to such effect. Except for purposes of  comply-
   20  ing  with  the internal revenue code, any interest income earned on bond
   21  proceeds shall only be used to pay debt service on such bonds.
   22    S 47. This act shall take effect immediately and shall  be  deemed  to
   23  have been in full force and effect on and after April 1, 2015; provided,
   24  however,  that the provisions of sections one through eight and sections
   25  thirteen through nineteen of this act shall expire March 31, 2016,  when
   26  upon such date the provisions of such sections shall be deemed repealed.
   27                                   PART Q
   28    Section  1. Subdivision 11 of section 302 of the retirement and social
   29  security law is amended by adding a new paragraph i to read as follows:
   30    I. SERVICE AS A UNIVERSITY  POLICE  OFFICER  APPOINTED  BY  THE  STATE
   31  UNIVERSITY  OF  NEW  YORK  PURSUANT TO PARAGRAPH L OF SUBDIVISION TWO OF
   32  SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW.
   33    S 2. Subdivision d of section 375-f of the retirement and social secu-
   34  rity law, as separately amended by chapters 674 and 677 of the  laws  of
   35  1986, is amended to read as follows:
   36    d.  In  addition  to the retirement allowance provided pursuant to the
   37  plans set forth in sections three hundred  eighty-three,  three  hundred
   38  eighty-three-a  [and],  three  hundred  eighty-three-b AND THREE HUNDRED
   39  EIGHTY-THREE-D of this [chapter] ARTICLE, a member of [either] ANY  such
   40  plan  who  retires  on or after April first, nineteen hundred sixty-nine
   41  with more than twenty-five years of total service shall be  entitled  to
   42  receive,  in  addition to the benefits provided pursuant to [either] ANY
   43  such section and notwithstanding the limitations of  [either]  ANY  such
   44  section,  an  additional  retirement allowance for such years of service
   45  rendered in excess of twenty-five. The additional  retirement  allowance
   46  for such additional years of service shall be computed as if such member
   47  had  been eligible to have his retirement allowance computed pursuant to
   48  the provisions of subdivision b of section three hundred  seventy-five-c
   49  and  of paragraph one of subdivision a of section three hundred seventy-
   50  five-d of this [chapter] TITLE.
   51    S 3. The retirement and social security law is amended by adding a new
   52  section 383-d to read as follows:
   53    S 383-D. ALTERNATIVE RETIREMENT BENEFITS FOR UNIVERSITY  POLICE  OFFI-
   54  CERS  APPOINTED BY THE STATE UNIVERSITY. A. AS USED IN THIS SECTION, THE
       A. 6005                            56
    1  TERM "UNIVERSITY POLICE OFFICER" SHALL MEAN A PERSON WHO IS SO APPOINTED
    2  PURSUANT TO PARAGRAPH L OF SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
    3  FIFTY-FIVE OF THE EDUCATION LAW.
    4    B.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW PROVIDING FOR TRANSFERS
    5  BETWEEN RETIREMENT SYSTEMS, ANY UNIVERSITY POLICE OFFICER IN THE SERVICE
    6  OF THE STATE UNIVERSITY WHO IS A MEMBER OF THE NEW YORK STATE EMPLOYEES'
    7  RETIREMENT SYSTEM MAY TRANSFER TO THE NEW YORK STATE  AND  LOCAL  POLICE
    8  AND  FIRE  RETIREMENT SYSTEM AND SHALL RECEIVE CREDIT PURSUANT TO AND BE
    9  ENTITLED TO THE RETIREMENT BENEFITS AFFORDED  IN  ACCORDANCE  WITH  THIS
   10  SECTION.  UPON  ANY  SUCH  TRANSFER  THE MEMBER SHALL BE ENTITLED TO THE
   11  AMOUNT OF SERVICE WHICH WOULD  HAVE  BEEN  DEEMED  CREDITABLE  HAD  SUCH
   12  MEMBER  BEEN  SUBJECT  TO  SUCH  SYSTEM  DURING THE COURSE OF HIS OR HER
   13  MEMBERSHIP WITHIN SUCH SYSTEM. CONTRIBUTIONS TO  SUCH  SYSTEM  SHALL  BE
   14  MADE  IN ACCORDANCE WITH APPROPRIATE PROVISIONS OF LAW RELATING THERETO.
   15  APPLICATION FOR SUCH TRANSFER MUST BE MADE TO THE STATE  COMPTROLLER  ON
   16  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE PROVISIONS OF
   17  SECTION  THREE  HUNDRED  FORTY-THREE  OF THIS ARTICLE SHALL APPLY TO ANY
   18  MEMBER MAKING APPLICATION FOR TRANSFER UNDER THIS SUBDIVISION.
   19    C. ANY UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSI-
   20  TY WHO ELECTS OR IS REQUIRED TO  CONTRIBUTE  UNDER  THIS  SECTION  SHALL
   21  CONTRIBUTE  TO  THE  NEW YORK STATE AND LOCAL POLICE AND FIRE RETIREMENT
   22  SYSTEM ON THE BASIS OF RETIREMENT UPON HIS OR HER:
   23    1. COMPLETION OF TWENTY-FIVE YEARS OF TOTAL CREDITABLE SERVICE; OR
   24    2. ATTAINMENT OF AGE SIXTY AS  A  UNIVERSITY  POLICE  OFFICER  IN  THE
   25  SERVICE  OF  THE  STATE UNIVERSITY, IF PRIOR THERETO, ON AN ALLOWANCE OF
   26  ONE-FIFTIETH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH YEAR  OF  TOTAL
   27  CREDITABLE  SERVICE  NOT  IN  EXCESS OF TWENTY-FIVE YEARS. SUCH ELECTION
   28  SHALL BE IN WRITING AND SHALL BE DULY EXECUTED AND FILED WITH THE  COMP-
   29  TROLLER.
   30    D.  EVERY  EMPLOYEE  ENTERING  OR  RE-ENTERING SERVICE AS A UNIVERSITY
   31  POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY ON  OR  AFTER  THE
   32  EFFECTIVE  DATE  OF  THIS SECTION SHALL CONTRIBUTE ON THE BASIS PROVIDED
   33  FOR BY THIS SECTION.
   34    E. A MEMBER WHO IS REQUIRED TO  CONTRIBUTE  IN  ACCORDANCE  WITH  THIS
   35  SECTION  SHALL  CONTRIBUTE, IN LIEU OF THE PROPORTION OF COMPENSATION AS
   36  PROVIDED IN SECTION THREE HUNDRED TWENTY-ONE OF THIS ARTICLE, A  PROPOR-
   37  TION  OF  HIS  OR  HER  COMPENSATION  SIMILARLY  DETERMINED. SUCH LATTER
   38  PROPORTION SHALL BE COMPUTED TO PROVIDE AT THE TIME WHEN HE OR SHE SHALL
   39  FIRST BECOME ELIGIBLE   FOR RETIREMENT UNDER THIS  SECTION,  AN  ANNUITY
   40  EQUAL  TO  ONE-ONE HUNDREDTH OF HIS OR HER FINAL AVERAGE SALARY FOR EACH
   41  YEAR OF SERVICE AS A MEMBER PRIOR TO THE ATTAINMENT OF THE AGE  WHEN  HE
   42  OR SHE SHALL FIRST BECOME ELIGIBLE FOR RETIREMENT. SUCH MEMBER'S RATE OF
   43  CONTRIBUTION  PURSUANT  TO  THIS  SECTION SHALL BE APPROPRIATELY REDUCED
   44  PURSUANT TO SECTION THREE HUNDRED SEVENTY-A OF  THIS  ARTICLE  FOR  SUCH
   45  PERIOD  OF  TIME  AS  HIS  OR  HER EMPLOYER CONTRIBUTES PURSUANT TO SUCH
   46  SECTION TOWARD PENSIONS-PROVIDING-FOR-INCREASED-TAKE-HOME-PAY.  NO  SUCH
   47  MEMBER  SHALL  BE  REQUIRED  TO  CONTINUE CONTRIBUTIONS AFTER COMPLETING
   48  TWENTY-FIVE YEARS OF SUCH SERVICE.
   49    F. A MEMBER CONTRIBUTING ON THE BASIS OF THIS SECTION, AT THE TIME  OF
   50  RETIREMENT,  SHALL BE ENTITLED TO RETIRE AFTER THE COMPLETION OF TWENTY-
   51  FIVE YEARS OF TOTAL CREDITABLE SERVICE OR UPON  THE  ATTAINMENT  OF  AGE
   52  SIXTY  BY  FILING  AN  APPLICATION  THEREFOR IN A MANNER SIMILAR TO THAT
   53  PROVIDED IN SECTION THREE HUNDRED SEVENTY OF THIS  ARTICLE.  HE  OR  SHE
   54  SHALL RECEIVE, ON RETIREMENT, A RETIREMENT ALLOWANCE CONSISTING OF:
   55    1.  AN  ANNUITY  WHICH SHALL BE THE ACTUARIAL EQUIVALENT OF HIS OR HER
   56  ACCUMULATED CONTRIBUTIONS AT THE TIME OF HIS OR HER RETIREMENT, PLUS
       A. 6005                            57
    1    2. A PENSION WHICH, TOGETHER WITH SUCH ANNUITY AND A PENSION WHICH  IS
    2  THE  ACTUARIAL  EQUIVALENT OF THE RESERVE-FOR-INCREASED-TAKE-HOME-PAY TO
    3  WHICH HE OR SHE MAY THEN BE ENTITLED, IF ANY, SHALL  EQUAL  ONE-FIFTIETH
    4  OF  HIS  OR HER FINAL AVERAGE SALARY FOR EACH YEAR OF CREDITABLE SERVICE
    5  IN SUCH SERVICE. THIS PENSION SHALL NOT EXCEED THE AMOUNT NEEDED TO MAKE
    6  THE TOTAL AMOUNT OF THE BENEFITS PROVIDED UNDER THIS PARAGRAPH AND PARA-
    7  GRAPH ONE OF THIS SUBDIVISION EQUAL TO ONE-HALF OF FINAL AVERAGE SALARY.
    8    3.  AN  ADDITIONAL  PENSION  EQUAL  TO  THE PENSION FOR ANY CREDITABLE
    9  SERVICE RENDERED WHILE NOT EMPLOYED AS A UNIVERSITY  POLICE  OFFICER  IN
   10  THE SERVICE OF THE STATE UNIVERSITY AS PROVIDED UNDER PARAGRAPHS TWO AND
   11  THREE  OF  SUBDIVISION  A  OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS
   12  ARTICLE.  THIS PENSION SHALL:
   13    (I) BE PAYABLE ONLY IF SUCH MEMBER HAS ATTAINED AGE SIXTY AT THE  TIME
   14  OF  RETIREMENT  AND  HAS NOT COMPLETED TWENTY-FIVE YEARS OF SERVICE AS A
   15  UNIVERSITY POLICE OFFICER IN THE SERVICE OF  THE  STATE  UNIVERSITY  FOR
   16  WHICH HE OR SHE RECEIVES CREDIT UNDER THIS ARTICLE, AND
   17    (II)  NOT  INCREASE  THE  TOTAL ALLOWANCE TO MORE THAN HE OR SHE WOULD
   18  HAVE RECEIVED HAD HIS OR HER TOTAL SERVICE BEEN RENDERED AS A UNIVERSITY
   19  POLICE OFFICER IN THE SERVICE OF THE STATE UNIVERSITY. FOR  THE  PURPOSE
   20  ONLY OF DETERMINING THE AMOUNT OF THE PENSION PROVIDED HEREIN, THE ANNU-
   21  ITY SHALL BE COMPUTED AS IT WOULD BE:
   22    (A)  IF  NOT  REDUCED  BY  THE ACTUARIAL EQUIVALENT OF ANY OUTSTANDING
   23  LOAN, AND
   24    (B) IF NOT INCREASED BY THE ACTUARIAL  EQUIVALENT  OF  ANY  ADDITIONAL
   25  CONTRIBUTIONS, AND
   26    (C)  IF NOT REDUCED BY REASON OF THE MEMBER'S ELECTION TO DECREASE HIS
   27  OR HER ANNUITY CONTRIBUTIONS TO THE RETIREMENT SYSTEM IN ORDER TO  APPLY
   28  THE  AMOUNT OF SUCH REDUCTION IN PAYMENT OF HIS OR HER CONTRIBUTIONS FOR
   29  OLD-AGE AND SURVIVORS INSURANCE COVERAGE.
   30    G. THE INCREASED PENSIONS  TO  A  UNIVERSITY  POLICE  OFFICER  IN  THE
   31  SERVICE  OF  THE STATE UNIVERSITY, AS PROVIDED BY THIS SECTION, SHALL BE
   32  PAID FROM ADDITIONAL CONTRIBUTIONS MADE BY THE STATE ON ACCOUNT OF  SUCH
   33  MEMBERS.    THE ACTUARY OF THE RETIREMENT SYSTEM SHALL COMPUTE THE ADDI-
   34  TIONAL CONTRIBUTION OF EACH MEMBER WHO ELECTS  TO  RECEIVE  THE  SPECIAL
   35  BENEFITS  PROVIDED  UNDER  THIS  SECTION.  SUCH ADDITIONAL CONTRIBUTIONS
   36  SHALL BE COMPUTED ON THE BASIS OF CONTRIBUTIONS DURING  THE  PROSPECTIVE
   37  SERVICE  OF SUCH MEMBER WHICH WILL COVER THE LIABILITY OF THE RETIREMENT
   38  SYSTEM FOR SUCH EXTRA PENSIONS. UPON APPROVAL BY THE  COMPTROLLER,  SUCH
   39  ADDITIONAL  CONTRIBUTIONS  SHALL BE CERTIFIED BY HIM OR HER TO THE CHAN-
   40  CELLOR OF THE STATE UNIVERSITY. THE AMOUNT THEREOF SHALL BE INCLUDED  IN
   41  THE  ANNUAL  APPROPRIATION  OF  THE STATE FOR THE STATE UNIVERSITY. SUCH
   42  AMOUNT SHALL BE PAID ON THE WARRANT OF THE COMPTROLLER  TO  THE  PENSION
   43  ACCUMULATION FUND OF THE RETIREMENT SYSTEM.
   44    H.  IN  COMPUTING  THE  TWENTY-FIVE  YEARS  OF  COMPLETED SERVICE OF A
   45  UNIVERSITY POLICE OFFICER IN THE SERVICE OF THE STATE  UNIVERSITY,  FULL
   46  CREDIT  SHALL  BE  GIVEN AND FULL ALLOWANCE SHALL BE MADE FOR SERVICE OF
   47  SUCH MEMBER IN WAR AFTER WORLD WAR I AS DEFINED IN SECTION TWO  OF  THIS
   48  CHAPTER,  PROVIDED  SUCH  MEMBER AT THE TIME OF HIS OF HER ENTRANCE INTO
   49  THE ARMED FORCES WAS IN STATE SERVICE, AND FULL CREDIT AND  FULL  ALLOW-
   50  ANCE  SHALL  BE  MADE FOR SERVICE AS A UNIVERSITY PEACE OFFICER PRIOR TO
   51  THE EFFECTIVE DATE OF CHAPTER FOUR HUNDRED TWENTY-FOUR OF  THE  LAWS  OF
   52  NINETEEN HUNDRED NINETY-EIGHT.
   53    I. THE PROVISIONS OF THIS SECTION SHALL BE CONTROLLING NOTWITHSTANDING
   54  ANY PROVISION IN THIS ARTICLE TO THE CONTRARY.
   55    J.  NOTWITHSTANDING  ANY  PROVISION  OF  SUBDIVISION D, E OR I OF THIS
   56  SECTION TO THE CONTRARY, A MEMBER WHO IS IN THE  COLLECTIVE  NEGOTIATING
       A. 6005                            58
    1  UNIT  DESIGNATED  AS  THE  AGENCY  POLICE  SERVICES UNIT AND ESTABLISHED
    2  PURSUANT TO ARTICLE FOURTEEN OF  THE  CIVIL  SERVICE  LAW  AND  WHO  HAS
    3  ELECTED  OR  IS  REQUIRED  TO CONTRIBUTE IN ACCORDANCE WITH THIS SECTION
    4  MAY,  ON  OR  BEFORE  MARCH THIRTY-FIRST, TWO THOUSAND SIXTEEN, ELECT TO
    5  COME UNDER THE PROVISIONS OF SECTION  THREE  HUNDRED  SEVENTY-FIVE-H  OF
    6  THIS  ARTICLE.  SUCH  ELECTION SHALL BE DULY EXECUTED AND FILED WITH THE
    7  COMPTROLLER.
    8    K. COMMENCING WITH THE EFFECTIVE DATE OF THIS SECTION AND IN A  MANNER
    9  DETERMINED BY THE HEAD OF THE RETIREMENT SYSTEM, THE STATE, AS EMPLOYER,
   10  SHALL  MAKE  CONTRIBUTIONS  TO  THE  RETIREMENT  SYSTEM TO FUND THE PAST
   11  SERVICE LIABILITY COSTS  ASSOCIATED  WITH  THE  IMPLEMENTATION  OF  THIS
   12  SECTION  AS THOSE COSTS ARE CALCULATED BY THE RETIREMENT SYSTEM ACTUARY.
   13  SUCH CONTRIBUTIONS MAY, AT THE ELECTION OF THE  EMPLOYER,  BE  AMORTIZED
   14  OVER A TEN YEAR PERIOD.
   15    S  4.  No  employee contributions made to the New York state and local
   16  employees' retirement system by any state university police officer  who
   17  elects  to transfer pursuant to this act shall be returned to such offi-
   18  cer. Such employee contributions  shall  be  used  to  offset  any  past
   19  service costs incurred by operation of the provisions of this act.
   20    S  5.  Notwithstanding  subdivision h of section 343 of the retirement
   21  and social security law, the provisions  of  subdivisions  c  and  d  of
   22  section  343  of  the retirement and social security law shall apply and
   23  the employer contributions reserve shall be transferred from the  appro-
   24  priate  fund or funds of the New York state and local employees' retire-
   25  ment system to the New York state and local police and  fire  retirement
   26  system.
   27    S  6. Subdivision 3 of section 58 of the civil service law, as amended
   28  by chapter 244 of the laws of 2013, is amended to read as follows:
   29    3. As used in this section, the term "police officer" means  a  police
   30  officer  in  the  department  of  environmental  conservation, THE STATE
   31  UNIVERSITY POLICE, a member of the  regional  state  park  police  or  a
   32  police  force,  police  department,  or  other organization of a county,
   33  city, town, village, housing  authority,  transit  authority  or  police
   34  district,  who  is responsible for the prevention and detection of crime
   35  and the enforcement of the general criminal laws of the state, but shall
   36  not include any person serving as such solely by virtue of  his  or  her
   37  occupying  any  other  office or position, nor shall such term include a
   38  sheriff, under-sheriff, commissioner  of  police,  deputy  or  assistant
   39  commissioner  of  police,  chief of police, deputy or assistant chief of
   40  police or any person having an equivalent  title  who  is  appointed  or
   41  employed to exercise equivalent supervisory authority.
   42    S  7.  Paragraphs  (a)  and  (b) of subdivision 4 of section 58 of the
   43  civil service law, as amended by chapter 244 of the laws  of  2013,  are
   44  amended to read as follows:
   45    (a)  Any  person who has received provisional or permanent appointment
   46  in the competitive class of the civil service as a police officer of the
   47  regional state park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the
   48  department of environmental conservation or any police force  or  police
   49  department of any county, city, town, village, housing authority, trans-
   50  it  authority  or  police  district shall be eligible to resign from any
   51  police force or police department, and to be appointed as a police offi-
   52  cer in the same or any other police force or police  department  without
   53  satisfying  the  age requirements set forth in paragraph (a) of subdivi-
   54  sion one of this section at  the  time  of  such  second  or  subsequent
   55  appointment, provided such second or subsequent appointment occurs with-
   56  in thirty days of the date of resignation.
       A. 6005                            59
    1    (b)  Any  person who has received permanent appointment in the compet-
    2  itive class of the civil service as a police  officer  of  the  regional
    3  state  park police, THE STATE UNIVERSITY OF NEW YORK POLICE, the depart-
    4  ment of environmental conservation or any police force or police depart-
    5  ment  of  any  county,  city,  town, village, housing authority, transit
    6  authority or police district shall be eligible to resign from any police
    7  force or police department and, subject to such civil service  rules  as
    8  may  be  applicable,  shall  be  eligible  for reinstatement in the same
    9  police force or police department or in any other police force or police
   10  department to which he or she was eligible for transfer, without  satis-
   11  fying the age requirements set forth in paragraph (a) of subdivision one
   12  of  this  section at the time of such reinstatement, provided such rein-
   13  statement occurs within one year of the date of resignation.
   14    S 8. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This bill would allow State University Police  Officers  to  elect  to
       transfer  to  the  New  York  State and Local Police and Fire Retirement
       System and to be covered by the provisions of  a  new  twenty-five  (25)
       year  half  pay  retirement plan, with additional one-sixtieths of final
       average salary for each year of service in excess  of  twenty-five  (25)
       years,  but not exceeding fifteen (15) such years. For Tiers 2, 5, and 6
       members, the additional one-sixtieths can  not  exceed  seven  (7)  such
       years.  There  will  be  no  refund  of  Article 14 or Article 15 member
       contributions for officers who elect to transfer to the Police and  Fire
       Retirement system.
         If  this bill is enacted, we anticipate that there will be an increase
       of approximately $1.1 million in the annual contributions of  the  State
       of New York for the fiscal year ending March 31, 2016.
         In  addition  to the annual contributions discussed above, it is esti-
       mated that there will be an immediate past service cost of $9.72 million
       which would be borne by the State of New  York,  assuming  that  payment
       will  be  made on March 1, 2016. If this cost is amortized over ten (10)
       years, the cost for the first year, including interest, would  be  $1.32
       million.
         These  estimated  costs  are based on five hundred sixteen (516) State
       University Police Officers with a total estimated salary of approximate-
       ly $39 million for the fiscal year ending March 31, 2014.
         Summary of relevant resources:
         The membership data used in  measuring  the  impact  of  the  proposed
       change  was  the same as that used in the March 31, 2014 actuarial valu-
       ation.  Distributions and other statistics can  be  found  in  the  2014
       Report  of  the  Actuary  and  the  2014  Comprehensive Annual Financial
       Report.
         The actuarial assumptions and methods used are described in the  2010,
       2011,  2012, 2013 and 2014 Annual Report to the Comptroller on Actuarial
       Assumptions, 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, 2014
       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 estimate, dated January 16, 2015 and intended for use only during
       the 2015 Legislative Session, is Fiscal Note No. 2015-30 prepared by the
       Actuary for the New York State and Local  Employees'  Retirement  System
       and the New York State and Local Police and Fire Retirement System.
       A. 6005                            60
    1                                   PART R
    2                            Intentionally Omitted
    3                                   PART S
    4    Section  1.  Subparagraph  (viii)  of paragraph a of subdivision 10 of
    5  section 54 of the state finance law is amended by adding a new clause  3
    6  to read as follows:
    7    (3)  FOR  THE  STATE  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND
    8  FIFTEEN AND IN EACH STATE FISCAL YEAR THEREAFTER, THE AMOUNT OF  MISCEL-
    9  LANEOUS  FINANCIAL ASSISTANCE FROM THE LOCAL ASSISTANCE ACCOUNT RECEIVED
   10  BY A VILLAGE IN THE FISCAL YEAR  BEGINNING  APRIL  FIRST,  TWO  THOUSAND
   11  FOURTEEN.
   12    S 2. This act shall take effect immediately.
   13                                   PART T
   14    Section  1.  Paragraphs (b) and (c) of subdivision 3 of section 722 of
   15  the county law, as amended by section 3 of part E of chapter 56  of  the
   16  laws of 2010, are amended to read as follows:
   17    (b)  Any  plan  of  a bar association must receive the approval of the
   18  [state administrator] OFFICE OF INDIGENT LEGAL SERVICES before the  plan
   19  is placed in operation. In the county of Hamilton, representation pursu-
   20  ant  to  a plan of a bar association in accordance with subparagraph (i)
   21  of paragraph (a) of this subdivision may be by counsel furnished by  the
   22  Fulton  county  bar  association pursuant to a plan of the Fulton county
   23  bar association, following approval of the [state administrator]  OFFICE
   24  OF  INDIGENT  LEGAL  SERVICES. When considering approval of an office of
   25  conflict defender pursuant to this section,  the  [state  administrator]
   26  OFFICE  OF  INDIGENT  LEGAL  SERVICES shall employ the guidelines IT HAS
   27  HERETOFORE established [by the office of indigent legal services] pursu-
   28  ant to paragraph (d) of subdivision three of section eight hundred thir-
   29  ty-two of the executive law.
   30    (c) Any county operating an office of conflict defender, as  described
   31  in  subparagraph  (ii) of paragraph (a) of this subdivision, as of March
   32  thirty-first, two thousand ten may  continue  to  utilize  the  services
   33  provided  by  such office provided that the county submits a plan to the
   34  state administrator within one hundred eighty days after  the  promulga-
   35  tion  of criteria for the provision of conflict defender services by the
   36  office of indigent legal services. The  authority  to  operate  such  an
   37  office  pursuant  to this paragraph shall expire when the state adminis-
   38  trator (OR, ON OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, THE OFFICE OF
   39  INDIGENT  LEGAL  SERVICES)  approves  or  disapproves  such  plan.  Upon
   40  approval,  the county is authorized to operate such office in accordance
   41  with paragraphs (a) and (b) of this subdivision.
   42    S 2. Subdivision 3 of section 722 of the  county  law  is  amended  by
   43  adding a new paragraph (d) to read as follows:
   44    (D)  FOR  PURPOSES  OF THIS SUBDIVISION, ANY PLAN OF A BAR ASSOCIATION
   45  APPROVED HEREUNDER PURSUANT TO THIS SUBDIVISION, AS  PROVIDED  PRIOR  TO
   46  APRIL  FIRST,  TWO  THOUSAND FIFTEEN, SHALL REMAIN IN EFFECT UNTIL IT IS
   47  SUPERSEDED BY A PLAN APPROVED BY THE OFFICE OF INDIGENT  LEGAL  SERVICES
   48  OR DISAPPROVED BY SUCH OFFICE.
   49    S 3. Subdivision 1 and paragraph (a) of subdivision 2 of section 722-f
   50  of  the county law, subdivision 1 as added by chapter 761 of the laws of
       A. 6005                            61
    1  1966 and as designated and paragraph (a) of subdivision 2  as  added  by
    2  section  4  of  part J of chapter 62 of the laws of 2003, are amended to
    3  read as follows:
    4    1.  A public defender appointed pursuant to article eighteen-A of this
    5  chapter, a private legal aid bureau or society designated by a county or
    6  city pursuant to subdivision two of section seven hundred twenty-two  of
    7  this  [chapter] ARTICLE, [and] an administrator of a plan of a bar asso-
    8  ciation appointed pursuant to subdivision three of section seven hundred
    9  twenty-two of this [chapter] ARTICLE AND AN OFFICE OF CONFLICT  DEFENDER
   10  ESTABLISHED  PURSUANT  TO  SUCH  SUBDIVISION shall file an annual report
   11  with the [judicial conference] CHIEF ADMINISTRATOR OF THE COURTS AND THE
   12  OFFICE OF INDIGENT LEGAL SERVICES. SUCH REPORT SHALL BE  FILED  at  such
   13  times and in such detail and form as the [judicial conference] OFFICE OF
   14  INDIGENT LEGAL SERVICES may direct.
   15    (a) The county executive or chief executive officer of each county or,
   16  in  the case of a county wholly contained within a city, such city shall
   17  file an annual report which specifies in detail  and  certifies  to  the
   18  state comptroller the total expenditures of such county or city, identi-
   19  fying  "local  funds",  as  defined in subdivision [four] TWO of section
   20  ninety-eight-b of the state finance law, state funds, federal funds  and
   21  funds  received  from  a  "private  source"  as described in subdivision
   22  [four] TWO of section ninety-eight-b  of  the  state  finance  law,  for
   23  providing legal representation to persons who were financially unable to
   24  afford  counsel, pursuant to this article. Such annual report, A COPY OF
   25  WHICH ALSO SHALL BE FILED WITH THE OFFICE OF  INDIGENT  LEGAL  SERVICES,
   26  shall  be  made  on a form developed for such purpose by the state comp-
   27  troller.
   28    S 4. This act shall take effect April 1, 2015.
   29                                   PART U
   30    Section 1.  The public service law is amended by adding a new  article
   31  1-A to read as follows:
   32                                 ARTICLE 1-A
   33              THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE
   34  SECTION 28-A. DEFINITIONS.
   35          28-B. ESTABLISHMENT  OF THE STATE OFFICE OF THE UTILITY CONSUMER
   36                  ADVOCATE.
   37          28-C. POWERS OF THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVO-
   38                  CATE.
   39          28-D. REPORTS.
   40    S  28-A.  DEFINITIONS.  WHEN  USED IN THIS ARTICLE:   (A) "DEPARTMENT"
   41  MEANS THE DEPARTMENT OF PUBLIC SERVICE.
   42    (B) "COMMISSION" MEANS THE PUBLIC SERVICE COMMISSION.
   43    (C) "RESIDENTIAL UTILITY CUSTOMER" MEANS ANY PERSON  WHO  IS  SOLD  OR
   44  OFFERED FOR SALE RESIDENTIAL UTILITY SERVICE BY A UTILITY COMPANY.
   45    (D)  "UTILITY  COMPANY" MEANS ANY PERSON OR ENTITY OPERATING AN AGENCY
   46  FOR PUBLIC SERVICE, INCLUDING, BUT NOT  LIMITED  TO,  THOSE  PERSONS  OR
   47  ENTITIES  SUBJECT  TO  THE  JURISDICTION,  SUPERVISION  AND  REGULATIONS
   48  PRESCRIBED BY OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
   49    S 28-B. ESTABLISHMENT OF THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
   50  ADVOCATE.  THERE IS ESTABLISHED THE STATE OFFICE OF THE UTILITY CONSUMER
   51  ADVOCATE TO REPRESENT THE INTERESTS OF  RESIDENTIAL  UTILITY  CUSTOMERS.
   52  THE  UTILITY  CONSUMER  ADVOCATE SHALL BE APPOINTED BY THE GOVERNOR TO A
   53  TERM OF SIX YEARS, UPON THE ADVICE AND CONSENT OF THE SENATE. THE UTILI-
   54  TY CONSUMER ADVOCATE SHALL POSSESS KNOWLEDGE AND EXPERIENCE  IN  MATTERS
       A. 6005                            62
    1  AFFECTING RESIDENTIAL UTILITY CUSTOMERS AND SHALL BE RESPONSIBLE FOR THE
    2  DIRECTION,  CONTROL,  AND  OPERATION  OF THE STATE OFFICE OF THE UTILITY
    3  CONSUMER ADVOCATE, INCLUDING  ITS  HIRING  OF  STAFF  AND  RETENTION  OF
    4  EXPERTS  FOR ANALYSIS AND TESTIMONY IN PROCEEDINGS. THE UTILITY CONSUMER
    5  ADVOCATE SHALL NOT BE REMOVED FOR CAUSE, BUT MAY BE REMOVED  ONLY  AFTER
    6  NOTICE  AND  OPPORTUNITY TO BE HEARD, AND ONLY FOR PERMANENT DISABILITY,
    7  MALFEASANCE, A FELONY, OR CONDUCT INVOLVING MORAL TURPITUDE. EXERCISE OF
    8  INDEPENDENT JUDGMENT IN ADVOCATING POSITIONS ON  BEHALF  OF  RESIDENTIAL
    9  UTILITY  CUSTOMERS SHALL NOT CONSTITUTE CAUSE FOR REMOVAL OF THE UTILITY
   10  CONSUMER ADVOCATE.
   11    S 28-C.  POWERS OF THE STATE OFFICE OF THE UTILITY CONSUMER  ADVOCATE.
   12  THE  STATE  OFFICE OF THE UTILITY CONSUMER ADVOCATE SHALL HAVE THE POWER
   13  AND DUTY TO: (A) INITIATE, INTERVENE IN, OR  PARTICIPATE  ON  BEHALF  OF
   14  RESIDENTIAL  UTILITY CUSTOMERS IN ANY PROCEEDINGS BEFORE THE COMMISSION,
   15  THE FEDERAL ENERGY REGULATORY  COMMISSION,  THE  FEDERAL  COMMUNICATIONS
   16  COMMISSION, FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGEN-
   17  CIES,  AND STATE AND FEDERAL COURTS IN ANY MATTER OR PROCEEDING THAT MAY
   18  SUBSTANTIALLY AFFECT THE INTERESTS  OF  RESIDENTIAL  UTILITY  CUSTOMERS,
   19  INCLUDING,  BUT  NOT  LIMITED  TO,  A PROPOSED CHANGE OF RATES, CHARGES,
   20  TERMS AND CONDITIONS OF SERVICE, THE  ADOPTION  OF  RULES,  REGULATIONS,
   21  GUIDELINES, ORDERS, STANDARDS OR FINAL POLICY DECISIONS WHERE THE UTILI-
   22  TY  CONSUMER  ADVOCATE  DEEMS  SUCH  INITIATION, INTERVENTION OR PARTIC-
   23  IPATION TO BE NECESSARY OR APPROPRIATE;
   24    (B) REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS  OF  THE
   25  STATE  BEFORE  FEDERAL,  STATE  AND  LOCAL ADMINISTRATIVE AND REGULATORY
   26  AGENCIES ENGAGED IN THE REGULATION OF ENERGY, TELECOMMUNICATIONS, WATER,
   27  AND OTHER UTILITY SERVICES, AND  BEFORE  STATE  AND  FEDERAL  COURTS  IN
   28  ACTIONS  AND PROCEEDINGS TO REVIEW THE ACTIONS OF UTILITIES OR ORDERS OF
   29  UTILITY REGULATORY AGENCIES. ANY ACTION OR  PROCEEDING  BROUGHT  BY  THE
   30  UTILITY  CONSUMER  ADVOCATE BEFORE A COURT OR AN AGENCY SHALL BE BROUGHT
   31  IN THE NAME OF THE STATE OFFICE OF THE UTILITY  CONSUMER  ADVOCATE.  THE
   32  UTILITY  CONSUMER  ADVOCATE MAY JOIN WITH A RESIDENTIAL UTILITY CUSTOMER
   33  OR GROUP OF RESIDENTIAL UTILITY CUSTOMERS IN BRINGING AN ACTION;
   34    (C) (I) IN ADDITION TO ANY OTHER AUTHORITY CONFERRED UPON THE  UTILITY
   35  CONSUMER  ADVOCATE,  HE OR SHE IS AUTHORIZED, AND IT SHALL BE HIS OR HER
   36  DUTY TO REPRESENT THE INTERESTS OF RESIDENTIAL UTILITY  CUSTOMERS  AS  A
   37  PARTY,  OR  OTHERWISE  PARTICIPATE  FOR  THE PURPOSE OF REPRESENTING THE
   38  INTERESTS OF SUCH CUSTOMERS BEFORE ANY AGENCIES OR COURTS. HE OR SHE MAY
   39  INITIATE PROCEEDINGS IF IN HIS OR HER JUDGMENT DOING SO MAY BE NECESSARY
   40  IN CONNECTION WITH ANY MATTER INVOLVING THE  ACTIONS  OR  REGULATION  OF
   41  PUBLIC  UTILITY  COMPANIES WHETHER ON APPEAL OR OTHERWISE INITIATED. THE
   42  UTILITY CONSUMER ADVOCATE MAY MONITOR ALL CASES BEFORE REGULATORY  AGEN-
   43  CIES  IN THE UNITED STATES, INCLUDING THE FEDERAL COMMUNICATIONS COMMIS-
   44  SION AND THE FEDERAL ENERGY REGULATORY COMMISSION THAT AFFECT THE INTER-
   45  ESTS OF RESIDENTIAL UTILITY CUSTOMERS OF  THE  STATE  AND  MAY  FORMALLY
   46  PARTICIPATE  IN  THOSE PROCEEDINGS WHICH IN HIS OR HER JUDGMENT WARRANTS
   47  SUCH PARTICIPATION.
   48    (II) THE UTILITY CONSUMER ADVOCATE SHALL EXERCISE HIS OR HER INDEPEND-
   49  ENT DISCRETION IN  DETERMINING  THE  INTERESTS  OF  RESIDENTIAL  UTILITY
   50  CUSTOMERS  THAT  WILL  BE  ADVOCATED  IN ANY PROCEEDING, AND DETERMINING
   51  WHETHER TO PARTICIPATE IN OR INITIATE ANY PROCEEDING AND, IN  SO  DETER-
   52  MINING, SHALL CONSIDER THE PUBLIC INTEREST, THE RESOURCES AVAILABLE, AND
   53  THE  SUBSTANTIALITY  OF  THE EFFECT OF THE PROCEEDING ON THE INTEREST OF
   54  RESIDENTIAL UTILITY CUSTOMERS;
   55    (D) REQUEST AND RECEIVE FROM ANY STATE  OR  LOCAL  AUTHORITY,  AGENCY,
   56  DEPARTMENT  OR  DIVISION  OF  THE  STATE  OR  POLITICAL SUBDIVISION SUCH
       A. 6005                            63
    1  ASSISTANCE, PERSONNEL, INFORMATION, BOOKS, RECORDS, OTHER  DOCUMENTATION
    2  AND COOPERATION NECESSARY TO PERFORM ITS DUTIES; AND
    3    (E) ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER GOVERNMENT OFFICES TO
    4  EFFICIENTLY CARRY OUT ITS WORK.
    5    S  28-D.  REPORTS.  ON  JULY  FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY
    6  THEREAFTER, THE STATE OFFICE OF  THE  UTILITY  CONSUMER  ADVOCATE  SHALL
    7  ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE, AND MAKE SUCH REPORT
    8  AVAILABLE  TO THE PUBLIC FREE OF CHARGE ON A PUBLICLY AVAILABLE WEBSITE,
    9  CONTAINING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
   10    (A) ALL PROCEEDINGS THAT THE STATE  OFFICE  OF  THE  UTILITY  CONSUMER
   11  ADVOCATE  PARTICIPATED  IN  AND  THE OUTCOME OF SUCH PROCEEDINGS, TO THE
   12  EXTENT OF SUCH OUTCOME AND IF NOT CONFIDENTIAL;
   13    (B) ESTIMATED SAVINGS TO RESIDENTIAL UTILITY CONSUMERS  THAT  RESULTED
   14  FROM  INTERVENTION BY THE STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE;
   15  AND
   16    (C) POLICY RECOMMENDATIONS AND SUGGESTED STATUTORY AMENDMENTS THAT THE
   17  STATE OFFICE OF THE UTILITY CONSUMER ADVOCATE DEEMS NECESSARY.
   18    S 2. This act shall take effect on the first of April next  succeeding
   19  the date on which it shall have become a law.
   20                                   PART V
   21    Section  1.  The public service law is amended by adding a new section
   22  24-c to read as follows:
   23    S 24-C.   UTILITY INTERVENOR  REIMBURSEMENT.  1.    AS  USED  IN  THIS
   24  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   25    (A)  "COMPENSATION"  MEANS PAYMENT FROM THE UTILITY INTERVENOR ACCOUNT
   26  FUND ESTABLISHED BY SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE  LAW,
   27  FOR  ALL  OR  PART, AS DETERMINED BY THE DEPARTMENT, OF REASONABLE ADVO-
   28  CATE'S FEES, REASONABLE EXPERT WITNESS FEES, AND OTHER REASONABLE  COSTS
   29  FOR PREPARATION AND PARTICIPATION IN A PROCEEDING.
   30    (B)  "PARTICIPANT"  MEANS A GROUP OF PERSONS THAT APPLY JOINTLY FOR AN
   31  AWARD OF COMPENSATION UNDER THIS SECTION AND WHO REPRESENT THE INTERESTS
   32  OF A SIGNIFICANT NUMBER OF RESIDENTIAL OR SMALL BUSINESS CUSTOMERS, OR A
   33  NOT-FOR-PROFIT ORGANIZATION IN THIS STATE  AUTHORIZED  PURSUANT  TO  ITS
   34  ARTICLES  OF INCORPORATION OR BYLAWS TO REPRESENT THE INTERESTS OF RESI-
   35  DENTIAL OR SMALL  BUSINESS  UTILITY  CUSTOMERS.  FOR  PURPOSES  OF  THIS
   36  SECTION,  A  PARTICIPANT  DOES  NOT INCLUDE A NON-PROFIT ORGANIZATION OR
   37  OTHER ORGANIZATION WHOSE PRINCIPAL INTERESTS ARE THE WELFARE OF A PUBLIC
   38  UTILITY OR ITS INVESTORS OR EMPLOYEES, OR THE WELFARE  OF  ONE  OR  MORE
   39  BUSINESSES  OR  INDUSTRIES  WHICH RECEIVE UTILITY SERVICE ORDINARILY AND
   40  PRIMARILY FOR USE IN CONNECTION  WITH  THE  PROFIT-SEEKING  MANUFACTURE,
   41  SALE, OR DISTRIBUTION OF GOODS OR SERVICES.
   42    (C)  "OTHER  REASONABLE COSTS" MEANS REASONABLE OUT-OF-POCKET EXPENSES
   43  DIRECTLY INCURRED BY A PARTICIPANT THAT  ARE  DIRECTLY  RELATED  TO  THE
   44  CONTENTIONS  OR RECOMMENDATIONS MADE BY THE PARTICIPANT THAT RESULTED IN
   45  A SUBSTANTIAL CONTRIBUTION.
   46    (D) "PARTY" MEANS ANY INTERESTED PARTY, RESPONDENT PUBLIC UTILITY,  OR
   47  COMMISSION STAFF IN A HEARING OR PROCEEDING.
   48    (E)  "PROCEEDING"  MEANS A COMPLAINT, OR INVESTIGATION, RULEMAKING, OR
   49  OTHER FORMAL PROCEEDING BEFORE THE COMMISSION,  OR  ALTERNATIVE  DISPUTE
   50  RESOLUTION  PROCEDURES IN LIEU OF FORMAL PROCEEDINGS AS MAY BE SPONSORED
   51  OR ENDORSED BY THE COMMISSION, PROVIDED HOWEVER SUCH  PROCEEDINGS  SHALL
   52  BE  LIMITED  TO  THOSE  RELATING TO PUBLIC UTILITIES THAT DISTRIBUTE AND
   53  DELIVER GAS, ELECTRICITY, OR STEAM WITHIN THIS STATE AND  HAVING  ANNUAL
   54  REVENUES  IN  EXCESS  OF  TWO  HUNDRED MILLION DOLLARS ARISING UNDER AND
       A. 6005                            64
    1  PROCEEDING PURSUANT TO THE FOLLOWING ARTICLES OF THIS CHAPTER:  (1)  THE
    2  REGULATION OF THE PRICE OF GAS AND ELECTRICITY, PURSUANT TO ARTICLE FOUR
    3  OF  THIS  CHAPTER; (2) THE REGULATION OF THE PRICE OF STEAM, PURSUANT TO
    4  ARTICLE  FOUR-A  OF  THIS  CHAPTER;  (3)  THE SUBMETERING, REMETERING OR
    5  RESALE OF ELECTRICITY  TO  RESIDENTIAL  PREMISES,  PURSUANT  TO  SECTION
    6  SIXTY-FIVE  AND  SIXTY-SIX  OF THIS CHAPTER, AND PURSUANT TO REGULATIONS
    7  REGARDING THE SUBMETERING, REMETERING, OR RESALE OF ELECTRICITY  ADOPTED
    8  BY THE COMMISSION; AND (4) SUCH SECTIONS OF THIS CHAPTER AS ARE APPLICA-
    9  BLE  TO  A  PROCEEDING  IN  WHICH  THE COMMISSION MAKES A FINDING ON THE
   10  RECORD THAT THE PUBLIC INTEREST REQUIRES THE  REIMBURSEMENT  OF  UTILITY
   11  INTERVENOR FEES PURSUANT TO THIS SECTION.
   12    (F)  "SIGNIFICANT  FINANCIAL HARDSHIP" MEANS THAT THE PARTICIPANT WILL
   13  BE UNABLE TO AFFORD, WITHOUT UNDUE HARDSHIP, TO PAY THE COSTS OF  EFFEC-
   14  TIVE  PARTICIPATION, INCLUDING ADVOCATE'S FEES, EXPERT WITNESS FEES, AND
   15  OTHER REASONABLE COSTS OF PARTICIPATION.
   16    (G) "SMALL BUSINESS" MEANS A BUSINESS WITH A GROSS ANNUAL  REVENUE  OF
   17  TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   18    (H)  "SUBSTANTIAL  CONTRIBUTION"  MEANS  THAT,  IN THE JUDGMENT OF THE
   19  DEPARTMENT, THE PARTICIPANT'S APPLICATION MAY SUBSTANTIALLY  ASSIST  THE
   20  COMMISSION  IN  MAKING  ITS  DECISION  BECAUSE THE DECISION MAY ADOPT IN
   21  WHOLE OR IN PART ONE OR MORE FACTUAL CONTENTIONS, LEGAL CONTENTIONS,  OR
   22  SPECIFIC  POLICY OR PROCEDURAL RECOMMENDATIONS THAT WILL BE PRESENTED BY
   23  THE PARTICIPANT.
   24    2. A PARTICIPANT MAY APPLY FOR AN AWARD  OF  COMPENSATION  UNDER  THIS
   25  SECTION  IN  A  PROCEEDING  IN  WHICH SUCH PARTICIPANT HAS SOUGHT ACTIVE
   26  PARTY STATUS AS DEFINED BY THE DEPARTMENT. THE DEPARTMENT  SHALL  DETER-
   27  MINE  APPROPRIATE PROCEDURES FOR ACCEPTING AND RESPONDING TO SUCH APPLI-
   28  CATIONS.  AT THE TIME OF APPLICATION, SUCH PARTICIPANT  SHALL  SERVE  ON
   29  EVERY  PARTY TO THE PROCEEDING NOTICE OF INTENT TO APPLY FOR AN AWARD OF
   30  COMPENSATION.
   31    AN APPLICATION SHALL INCLUDE:
   32    (A) A STATEMENT OF THE NATURE AND EXTENT AND  THE  FACTUAL  AND  LEGAL
   33  BASIS  OF  THE  PARTICIPANT'S PLANNED PARTICIPATION IN THE PROCEEDING AS
   34  FAR AS IT IS POSSIBLE TO DESCRIBE  SUCH  PARTICIPATION  WITH  REASONABLE
   35  SPECIFICITY AT THE TIME THE APPLICATION IS FILED.
   36    (B) AT MINIMUM, A REASONABLY DETAILED DESCRIPTION OF ANTICIPATED ADVO-
   37  CATES AND EXPERT WITNESS FEES AND OTHER COSTS OF PREPARATION AND PARTIC-
   38  IPATION THAT THE PARTICIPANT EXPECTS TO REQUEST AS COMPENSATION.
   39    (C)  IF PARTICIPATION OR INTERVENTION WILL IMPOSE A SIGNIFICANT FINAN-
   40  CIAL HARDSHIP AND THE PARTICIPANT SEEKS PAYMENT IN ADVANCE TO  AN  AWARD
   41  OF COMPENSATION IN ORDER TO INITIATE, CONTINUE OR COMPLETE PARTICIPATION
   42  IN  THE HEARING OR PROCEEDING, SUCH PARTICIPANT MUST INCLUDE EVIDENCE OF
   43  SUCH SIGNIFICANT FINANCIAL HARDSHIP IN ITS APPLICATION.
   44    (D) ANY OTHER REQUIREMENTS AS REQUIRED BY THE DEPARTMENT.
   45    3. (A) WITHIN THIRTY DAYS AFTER  THE  FILING  OF  AN  APPLICATION  THE
   46  DEPARTMENT  SHALL  ISSUE  A  DECISION THAT DETERMINES WHETHER OR NOT THE
   47  PARTICIPANT MAY MAKE A SUBSTANTIAL CONTRIBUTION TO THE FINAL DECISION IN
   48  THE HEARING OR PROCEEDING. IF THE DEPARTMENT FINDS THAT THE  PARTICIPANT
   49  REQUESTING COMPENSATION MAY MAKE A SUBSTANTIAL CONTRIBUTION, THE DEPART-
   50  MENT  SHALL  DESCRIBE  THIS  SUBSTANTIAL  CONTRIBUTION AND DETERMINE THE
   51  AMOUNT OF COMPENSATION TO BE PAID PURSUANT TO SUBDIVISION FOUR  OF  THIS
   52  SECTION.
   53    (B)  NOTWITHSTANDING  SUBDIVISION FOUR OF THIS SECTION, IF THE DEPART-
   54  MENT FINDS THAT THE PARTICIPANT HAS A  SIGNIFICANT  FINANCIAL  HARDSHIP,
   55  THE DEPARTMENT MAY DIRECT THE PUBLIC UTILITY OR UTILITIES SUBJECT TO THE
   56  PROCEEDING  TO  PAY ALL OR PART OF THE COMPENSATION TO THE DEPARTMENT TO
       A. 6005                            65
    1  BE PROVIDED TO THE PARTICIPANT PRIOR TO THE END OF  THE  PROCEEDING.  IN
    2  THE  EVENT  THAT  THE  PARTICIPANT DISCONTINUES ITS PARTICIPATION IN THE
    3  PROCEEDING WITHOUT THE CONSENT OF THE DEPARTMENT, THE  DEPARTMENT  SHALL
    4  BE  ENTITLED  TO, IN WHOLE OR IN PART, RECOVER ANY PAYMENTS MADE TO SUCH
    5  PARTICIPANT TO BE REFUNDED TO  THE  PUBLIC  UTILITY  OR  UTILITIES  THAT
    6  PROVIDED SUCH PAYMENT.
    7    (C)  THE COMPUTATION OF COMPENSATION PURSUANT TO PARAGRAPH (A) OF THIS
    8  SUBDIVISION SHALL TAKE INTO  CONSIDERATION  THE  MARKET  RATES  PAID  TO
    9  PERSONS   OF  COMPARABLE  TRAINING  AND  EXPERIENCE  WHO  OFFER  SIMILAR
   10  SERVICES. THE COMPENSATION AWARDED MAY NOT,  IN  ANY  CASE,  EXCEED  THE
   11  COMPARABLE MARKET RATE FOR SERVICES PAID BY THE DEPARTMENT OR THE PUBLIC
   12  UTILITY,  WHICHEVER  IS  GREATER,  TO PERSONS OF COMPARABLE TRAINING AND
   13  EXPERIENCE WHO ARE OFFERING SIMILAR SERVICES.
   14    (D) ANY COMPENSATION AWARDED TO A PARTICIPANT AND  NOT  USED  BY  SUCH
   15  PARTICIPANT SHALL BE RETURNED TO THE DEPARTMENT FOR REFUND TO THE PUBLIC
   16  UTILITY OR UTILITIES THAT PROVIDED SUCH PAYMENT.
   17    (E)  THE  DEPARTMENT  SHALL  REQUIRE THAT PARTICIPANTS SEEKING PAYMENT
   18  MAINTAIN AN ITEMIZED RECORD OF ALL EXPENDITURES INCURRED AS A RESULT  OF
   19  SUCH PROCEEDING.
   20    (I)  THE  DEPARTMENT MAY USE THE ITEMIZED RECORD OF EXPENSES TO VERIFY
   21  THE CLAIM OF FINANCIAL HARDSHIP BY A PARTICIPANT SEEKING PAYMENT  PURSU-
   22  ANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   23    (II) THE DEPARTMENT MAY USE THE RECORD OF EXPENDITURES IN DETERMINING,
   24  AFTER THE COMPLETION OF A PROCEEDING, IF ANY UNUSED FUNDS REMAIN.
   25    (III) THE DEPARTMENT SHALL PRESERVE THE CONFIDENTIALITY OF THE PARTIC-
   26  IPANT'S  RECORDS  IN MAKING ANY AUDIT OR DETERMINING THE AVAILABILITY OF
   27  FUNDS AFTER THE COMPLETION OF A PROCEEDING.
   28    (F) IN THE EVENT THAT THE DEPARTMENT FINDS THAT TWO  OR  MORE  PARTIC-
   29  IPANTS'  APPLICATIONS  HAVE SUBSTANTIALLY SIMILAR INTERESTS, THE DEPART-
   30  MENT MAY REQUIRE SUCH PARTICIPANTS TO APPLY JOINTLY IN ORDER TO  RECEIVE
   31  COMPENSATION.
   32    4.  ANY  COMPENSATION  PURSUANT  TO  THIS SECTION SHALL BE PAID AT THE
   33  CONCLUSION OF THE PROCEEDING BY THE PUBLIC UTILITY OR UTILITIES  SUBJECT
   34  TO  THE PROCEEDING WITHIN THIRTY DAYS. SUCH COMPENSATION SHALL BE REMIT-
   35  TED TO THE DEPARTMENT WHICH SHALL THEN REMIT SUCH  COMPENSATION  TO  THE
   36  PARTICIPANT.
   37    5. THE DEPARTMENT SHALL DENY ANY AWARD TO ANY PARTICIPANT WHO ATTEMPTS
   38  TO  DELAY  OR OBSTRUCT THE ORDERLY AND TIMELY FULFILLMENT OF THE DEPART-
   39  MENT'S RESPONSIBILITIES.
   40    S 2. The state finance law is amended by adding a new section  97-llll
   41  to read as follows:
   42    S  97-LLLL. UTILITY INTERVENOR ACCOUNT. 1. THERE IS HEREBY ESTABLISHED
   43  IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
   44  TAXATION  AND  FINANCE  A  FUND  TO  BE  KNOWN AS THE UTILITY INTERVENOR
   45  ACCOUNT.
   46    2. SUCH ACCOUNT SHALL CONSIST OF ALL UTILITY INTERVENOR  REIMBURSEMENT
   47  MONIES  RECEIVED FROM UTILITIES PURSUANT TO SECTION TWENTY-FOUR-C OF THE
   48  PUBLIC SERVICE LAW.
   49    S 3. This act shall take effect on the thirtieth day  after  it  shall
   50  have become a law.
   51                                   PART W
   52    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
   53  legislative  law and the state finance law relating to the operation and
       A. 6005                            66
    1  administration of the legislature, as amended by section 2 of part K  of
    2  chapter 55 of the laws of 2014, is amended to read as follows:
    3    S  13.  This  act shall take effect immediately and shall be deemed to
    4  have been in full force and effect as of April 1, 1994,  provided  that,
    5  the  provisions  of  section  5-a  of  the legislative law as amended by
    6  sections two and two-a of this act shall take effect on January 1, 1995,
    7  and provided further that, the provisions of article 5-A of the legisla-
    8  tive law as added by section eight of this act  shall  expire  June  30,
    9  [2015]  2016 when upon such date the provisions of such article shall be
   10  deemed repealed; and provided further that section twelve  of  this  act
   11  shall be deemed to have been in full force and effect on and after April
   12  10, 1994.
   13    S  2.  This  act  shall take effect immediately, provided, however, if
   14  this act shall take effect on or after June 30, 2015 this act  shall  be
   15  deemed to have been in full force and effect on and after June 30, 2015.
   16    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   17  sion,  section  or  part  of  this act shall be adjudged by any court of
   18  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   19  impair,  or  invalidate  the remainder thereof, but shall be confined in
   20  its operation to the clause, sentence, paragraph,  subdivision,  section
   21  or part thereof directly involved in the controversy in which such judg-
   22  ment shall have been rendered. It is hereby declared to be the intent of
   23  the  legislature  that  this  act  would  have been enacted even if such
   24  invalid provisions had not been included herein.
   25    S 3. This act shall take effect immediately  provided,  however,  that
   26  the  applicable effective date of Parts A through W of this act shall be
   27  as specifically set forth in the last section of such Parts.