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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 22, 2025 |
referred to finance |
Senate Bill S3005
2025-2026 Legislative Session
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2025-2026 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Current Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S3005 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3005
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2025-S3005 (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2025-2026 state fiscal year; extends provisions of law relating to criminal justice including the psychological testing of candidates, expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, correctional facilities, inmate work release, furlough and leave, certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, taxes, surcharges, fees and funding, prison and jail housing and alternatives to detention and incarceration programs, taxes, expiration of the mandatory surcharge and victim assistance fee, the ignition interlock device program, the merit provisions, prisoner litigation reform and 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, the family protection and domestic violence intervention act of 1994, certain provisions requiring the arrest of certain persons engaged in family violence, the use of closed-circuit television and other protective measures for certain child witnesses, the sentencing reform act of 1995, electronic court appearance in certain counties, the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, the custody by the department of correctional services of inmates serving definite sentences, custody of federal prisoners, the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility; relates to the pre-criminal proceeding settlements in the City of New York (Part A); requires the prosecution to disclose to the defendant all material and information relevant to the subject matter of the charges against the defendant in the instant case which are in the possession, custody or control of the prosecution or persons under the prosecution's direction or control
2025-S3005 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
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S. 3005 A. 3005
S E N A T E - A S S E M B L Y
January 22, 2025
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend chapter 887 of the laws of 1983, amending the correction
law relating to the psychological testing of candidates, in relation
to the effectiveness thereof; to amend chapter 428 of the laws of
1999, amending the executive law and the criminal procedure law relat-
ing to expanding the geographic area of employment of certain police
officers, in relation to extending the expiration of such chapter; to
amend chapter 886 of the laws of 1972, amending the correction law and
the penal law relating to prisoner furloughs in certain cases and the
crime of absconding therefrom, in relation to the effectiveness there-
of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53
and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, in
relation to the effectiveness thereof; to amend chapter 339 of the
laws of 1972, amending the correction law and the penal law relating
to inmate work release, furlough and leave, in relation to the effec-
tiveness thereof; to amend chapter 60 of the laws of 1994 relating to
certain provisions which impact upon expenditure of certain appropri-
ations made by chapter 50 of the laws of 1994 enacting the state oper-
ations budget, in relation to the effectiveness thereof; to amend
chapter 55 of the laws of 1992, amending the tax law and other laws
relating to taxes, surcharges, fees and funding, in relation to
extending the expiration of certain provisions of such chapter; to
amend chapter 907 of the laws of 1984, amending the correction law,
the New York city criminal court act and the executive law relating to
prison and jail housing and alternatives to detention and incarcera-
tion programs, in relation to extending the expiration of certain
provisions of such chapter; to amend chapter 166 of the laws of 1991,
amending the tax law and other laws relating to taxes, in relation to
extending the expiration of certain provisions of such chapter; to
amend the vehicle and traffic law, in relation to extending the expi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12570-01-5
S. 3005 2 A. 3005
ration of the mandatory surcharge and victim assistance fee; to amend
chapter 713 of the laws of 1988, amending the vehicle and traffic law
relating to the ignition interlock device program, in relation to
extending the expiration thereof; to amend chapter 435 of the laws of
1997, amending the military law and other laws relating to various
provisions, in relation to extending the expiration date of the merit
provisions of the correction law and the penal law of such chapter; to
amend chapter 412 of the laws of 1999, amending the civil practice law
and rules and the court of claims act relating to prisoner litigation
reform, in relation to extending the expiration of the inmate filing
fee provisions of the civil practice law and rules and general filing
fee provision and inmate property claims exhaustion requirement of the
court of claims act of such chapter; to amend chapter 222 of the laws
of 1994 constituting the family protection and domestic violence
intervention act of 1994, in relation to extending the expiration of
certain provisions of the criminal procedure law requiring the arrest
of certain persons engaged in family violence; to amend chapter 505 of
the laws of 1985, amending the criminal procedure law relating to the
use of closed-circuit television and other protective measures for
certain child witnesses, in relation to extending the expiration of
the provisions thereof; to amend chapter 3 of the laws of 1995, enact-
ing the sentencing reform act of 1995, in relation to extending the
expiration of certain provisions of such chapter; to amend chapter 689
of the laws of 1993 amending the criminal procedure law relating to
electronic court appearance in certain counties, in relation to
extending the expiration thereof; to amend chapter 688 of the laws of
2003, amending the executive law relating to enacting the interstate
compact for adult offender supervision, in relation to the effective-
ness thereof; to amend chapter 56 of the laws of 2009, amending the
correction law relating to limiting the closing of certain correction-
al facilities, providing for the custody by the department of correc-
tional services of inmates serving definite sentences, providing for
custody of federal prisoners and requiring the closing of certain
correctional facilities, in relation to the effectiveness of such
chapter; to amend chapter 152 of the laws of 2001 amending the mili-
tary law relating to military funds of the organized militia, in
relation to the effectiveness thereof; to amend chapter 554 of the
laws of 1986, amending the correction law and the penal law relating
to providing for community treatment facilities and establishing the
crime of absconding from the community treatment facility, in relation
to the effectiveness thereof; and to amend chapter 55 of the laws of
2018, amending the criminal procedure law relating to the pre-criminal
proceeding settlements in the City of New York, in relation to the
effectiveness thereof (Part A); to amend the criminal procedure law,
in relation to discovery reform (Part B); to amend the public officers
law, in relation to residency requirements for certain positions as a
correction officer; to amend the retirement and social security law,
in relation to mandatory retirement for certain members or officers of
the state police; to amend the executive law, in relation to eligibil-
ity for appointment as a sworn member of the state police; and to
amend the civil service law, in relation to the requirements for
appointment of police officers (Part C); to amend the penal law, in
relation to establishing the crime of domestic violence (Part D); to
amend the correction law, in relation to merit time allowance and
limited credit time allowance (Part E); to amend criminal procedure
law, civil practice law and rules, general municipal law, the court of
S. 3005 3 A. 3005
claims act, and the education law, in relation to eliminating the
statute of limitations for sex trafficking cases (Part F); to amend
the executive law, in relation to expanding support services for
victims of financial abuse and homicide (Part G); to amend the execu-
tive law and the public health law, in relation to expanding
protections and services to survivors of sexual assault (Part H); to
amend the social services law, in relation to public assistance for
survivors of gender-based violence; and to repeal subdivision four of
section 349-a of the social services law relating thereto (Part I); to
amend the state finance law and the executive law, in relation to a
model gender-based violence and the workplace policy (Part J); to
amend the general municipal law and the executive law, in relation to
requiring municipal cybersecurity incident reporting and exempting
such reports from freedom of information requirements (Part K); to
amend the penal law, in relation to artificial intelligence-generated
child sexual abuse material (Part L); to amend the penal law, in
relation to including the patronization of a person who is mentally
disabled in the offense of sex trafficking (Part M); to amend the
penal law, in relation to transit crimes and prohibition orders relat-
ing to such crimes (Part N); to amend the penal law, in relation to
the expanding the definition of building for the purpose of the
offense of criminal trespass and burglary (Part O); to amend the penal
law, in relation to establishing the crime of aggravated transporta-
tion offense (Part P); to amend chapter 396 of the laws of 2010 amend-
ing the alcoholic beverage control law relating to liquidator's
permits and temporary retail permits, in relation to the effectiveness
thereof (Part Q); to amend the public authorities law, in relation to
the bonding limit of the New York city transitional finance authority
(Part R); to amend the real property tax law and the administrative
code of the city of New York, in relation to the industrial and
commercial abatement program (Part S); to amend the civil practice law
and rules and the state finance law, in relation to the rate of inter-
est to be paid on judgment and accrued claims (Part T); to amend the
civil service law, in relation to reimbursement for medicare premium
charges (Part U); to amend the civil service law, in relation to
extending the waiver of certain state civil service examination fees;
and to amend part EE of chapter 55 of the laws of 2023, amending the
civil service law relating to waiving state civil service examination
fees between July 1, 2023 and December 31, 2025, in relation to the
effectiveness thereof (Part V); to amend the state finance law, in
relation to providing for an alternate payment election for certain
employees (Part W); to amend the state technology law, in relation to
cybersecurity awareness training for government employees (Part X); to
amend chapter 60 of the laws of 2015, constituting the infrastructure
investment act, in relation to construction manager as constructor
contracts (Part Y); to amend the New York city public works investment
act, in relation to authorizing the use of certain alternative project
delivery methods (Part Z); to amend the workers' compensation law, in
relation to medical providers entitled to render emergency care and
treatment in cases of a workers' compensation injury (Part AA); to
amend the workers' compensation law, in relation to specifying which
providers are authorized to render certain medical care; and to repeal
certain provisions of such law related thereto (Part BB); to amend the
workers' compensation law, in relation to temporary payment of compen-
sation for medical treatment and care (Part CC); to amend the workers'
compensation law and the insurance law, in relation to payments for
S. 3005 4 A. 3005
covered medical and/or hospital services for or on behalf of an
injured employee when the claim is controverted (Part DD); and in
relation to providing for the administration of certain funds and
accounts related to the 2025-2026 budget, authorizing certain payments
and transfers; to amend the state finance law, in relation to the
administration of certain funds and accounts, in relation to the
effectiveness thereof, and in relation to interest owed on outstanding
balances of debt; to amend part XX of chapter 56 of the laws of 2024,
amending the state finance law and other laws relating to providing
for the administration of certain funds and accounts related to the
2023-2024 budget, in relation to the effectiveness thereof; authoriz-
ing the comptroller to transfer up to $25,000,000 from various state
bond funds to the general debt service fund for the purposes of
redeeming or defeasing outstanding state bonds; to amend the private
housing finance law, in relation to housing program bonds and notes;
to amend the public authorities law, in relation to the issuance of
bonds and notes by the dedicated highway and bridge trust fund; to
amend the public authorities law, in relation to the issuance of bonds
and notes for city university facilities; to amend the public authori-
ties law, in relation to the issuance of bonds for library
construction projects; to amend the public authorities law, in
relation to the issuance of bonds for state university educational
facilities; to amend the public authorities law, in relation to the
issuance of bonds and notes for locally sponsored community colleges;
to amend chapter 392 of the laws of 1973, constituting the New York
state medical care facilities finance agency act, in relation to the
issuance of mental health services facilities improvement bonds and
notes; to amend part K of chapter 81 of the laws of 2002, relating to
providing for the administration of certain funds and accounts related
to the 2002-2003 budget, in relation to the issuance of bonds and
notes to finance capital costs related to homeland security; to amend
chapter 174 of the laws of 1968 constituting the urban development
corporation act, in relation to the issuance of bonds and notes for
purposes of funding office of information technology services project
costs; to amend chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund, in relation to the issuance of
funds to the thruway authority; to amend chapter 174 of the laws of
1968 constituting the urban development corporation act, in relation
to the issuance of bonds and notes to fund costs for statewide equip-
ment; to amend the public authorities law, in relation to the issuance
of bonds for purposes of financing environmental infrastructure
projects; to amend part D of chapter 389 of the laws of 1997, relating
to the financing of the correctional facilities improvement fund and
the youth facility improvement fund, in relation to the issuance of
bonds and notes for the youth facilities improvement fund; to amend
the public authorities law, in relation to the issuance of bonds and
notes for the purpose of financing peace bridge projects and capital
costs of state and local highways; to amend chapter 174 of the laws of
1968 constituting the urban development corporation act, in relation
to the issuance of bonds for economic development initiatives; to
amend part Y of chapter 61 of the laws of 2005, relating to providing
for the administration of certain funds and accounts related to the
2005-2006 budget, in relation to the issuance of bonds and notes for
the purpose of financing capital projects for the division of military
and naval affairs and initiative of the state police; to amend the
S. 3005 5 A. 3005
public authorities law, in relation to the issuance of bonds and notes
for the purpose of financing the construction of the New York state
agriculture and markets food laboratory; to amend the public authori-
ties law, in relation to authorization for the issuance of bonds
for the capital restructuring financing program, the health care
facility transformation programs, and the essential health care
provider program; to amend the public authorities law, in relation
to the issuance of bonds or notes for the purpose of assisting the
metropolitan transportation authority in the financing of transpor-
tation facilities; to amend the public authorities law, in relation to
bonds and notes for hazardous waste remediation; to amend part D of
chapter 389 of the laws of 1997, relating to the financing of the
correctional facilities improvement fund and the youth facility
improvement fund, in relation to the issuance of certain bonds and
notes; to amend the public authorities law, in relation to funds for
the department of health and financing through the dormitory authori-
ty; to amend the public health law, in relation to the department of
health income fund; to amend chapter 174 of the laws of 1968 consti-
tuting the urban development corporation act, in relation to the issu-
ance of personal income tax revenue anticipation notes; to amend the
state finance law, in relation to the issuance of bonds and notes for
certain purposes; to amend the state finance law, in relation to
refunding and redemption of bonds; to repeal certain provisions of the
state finance law relating to the accident prevention course internet,
and other technology pilot program fund, relating to the required
contents of the budget and relating to the deposit of receipts derived
from certain indirect cost assessments; and providing for the repeal
of certain provisions upon expiration thereof (Part EE)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state public protection and general govern-
ment budget for the 2025-2026 state fiscal year. Each component is whol-
ly contained within a Part identified as Parts A through EE. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. Section 2 of chapter 887 of the laws of 1983, amending the
correction law relating to the psychological testing of candidates, as
amended by section 1 of part A of chapter 55 of the laws of 2023, is
amended to read as follows:
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2025] 2027.
§ 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive law and the criminal procedure law relating to expanding the
S. 3005 6 A. 3005
geographic area of employment of certain police officers, as amended by
section 2 of part A of chapter 55 of the laws of 2023, is amended to
read as follows:
§ 3. This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law, and shall
remain in effect until the first day of September, [2025] 2027, when it
shall expire and be deemed repealed.
§ 3. Section 3 of chapter 886 of the laws of 1972, amending the
correction law and the penal law relating to prisoner furloughs in
certain cases and the crime of absconding therefrom, as amended by
section 3 of part A of chapter 55 of the laws of 2023, is amended to
read as follows:
§ 3. This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2025] 2027.
§ 4. Section 20 of chapter 261 of the laws of 1987, amending chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other chapters and laws relating to correctional facilities, as amended
by section 4 of part A of chapter 55 of the laws of 2023, is amended to
read as follows:
§ 20. This act shall take effect immediately except that section thir-
teen of this act shall expire and be of no further force or effect on
and after September 1, [2025] 2027 and shall not apply to persons
committed to the custody of the department after such date, and provided
further that the commissioner of corrections and community supervision
shall report each January first and July first during such time as the
earned eligibility program is in effect, to the [chairmen] CHAIRS of the
senate crime victims, crime and correction committee, the senate codes
committee, the assembly correction committee, and the assembly codes
committee, the standards in effect for earned eligibility during the
prior six-month period, the number of [inmates] INCARCERATED INDIVIDUALS
subject to the provisions of earned eligibility, the number who actually
received certificates of earned eligibility during that period of time,
the number of [inmates] INCARCERATED INDIVIDUALS with certificates who
are granted parole upon their first consideration for parole, the number
with certificates who are denied parole upon their first consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
§ 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part A of chapter 55 of the laws
of 2023, is amended to read as follows:
(q) the provisions of section two hundred eighty-four of this act
shall remain in effect until September 1, [2025] 2027 and be applicable
to all persons entering the program on or before August 31, [2025] 2027.
§ 6. Section 10 of chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, as amended by section 6 of part A of chapter 55 of
the laws of 2023, is amended to read as follows:
§ 10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect until September 1, [2025] 2027, and
provided further that the commissioner of correctional services shall
report each January first, and July first, to the [chairman] CHAIRS of
the senate crime victims, crime and correction committee, the senate
codes committee, the assembly correction committee, and the assembly
codes committee, the number of eligible [inmates] INCARCERATED INDIVID-
UALS in each facility under the custody and control of the commissioner
S. 3005 7 A. 3005
who have applied for participation in any program offered under the
provisions of work release, furlough, or leave, and the number of such
[inmates] INCARCERATED INDIVIDUALS who have been approved for partic-
ipation.
§ 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
relating to certain provisions which impact upon expenditure of certain
appropriations made by chapter 50 of the laws of 1994, enacting the
state operations budget, as amended by section 7 of part A of chapter 55
of the laws of 2023, is amended to read as follows:
(c) sections forty-one and forty-two of this act shall expire Septem-
ber 1, [2025] 2027; provided, that the provisions of section forty-two
of this act shall apply to [inmates] INCARCERATED INDIVIDUALS entering
the work release program on or after such effective date; and
§ 8. Subdivision (aa) of section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 8 of part A of chapter 55 of the
laws of 2023, is amended to read as follows:
(aa) the provisions of sections three hundred eighty-two, three
hundred eighty-three and three hundred eighty-four of this act shall
expire on September 1, [2025] 2027;
§ 9. Section 12 of chapter 907 of the laws of 1984, amending the
correction law, the New York city criminal court act and the executive
law relating to prison and jail housing and alternatives to detention
and incarceration programs, as amended by section 9 of part A of chapter
55 of the laws of 2023, is amended to read as follows:
§ 12. This act shall take effect immediately, except that the
provisions of sections one through ten of this act shall remain in full
force and effect until September 1, [2025] 2027 on which date those
provisions shall be deemed to be repealed.
§ 10. Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as amended
by section 10 of part A of chapter 55 of the laws of 2023, is amended to
read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2025] 2027, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
S. 3005 8 A. 3005
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2025] 2027 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 11 of part A of chapter 55 of the laws of 2023, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [twenty-five] TWENTY-SEV-
EN.
§ 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle and traffic law relating to the ignition interlock device program,
as amended by section 12 of part A of chapter 55 of the laws of 2023, is
amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
S. 3005 9 A. 3005
[2025] 2027 when upon such date the provisions of this act shall be
deemed repealed.
§ 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous provisions, as amended by section 13 of part A of chapter 55 of the
laws of 2023, is amended to read as follows:
a. sections forty-three through forty-five of this act shall expire
and be deemed repealed on September 1, [2025] 2027;
§ 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner litigation reform, as amended by section 14 of part A of chap-
ter 55 of the laws of 2023, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall remain in full force and effect until September 1, [2025]
2027, when upon such date it shall expire.
§ 15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994,
constituting the family protection and domestic violence intervention
act of 1994, as amended by section 15 of part A of chapter 55 of the
laws of 2023, is amended to read as follows:
2. Subdivision 4 of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall take effect January 1,
1996 and shall expire and be deemed repealed on September 1, [2025]
2027.
§ 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television and
other protective measures for certain child witnesses, as amended by
section 16 of part A of chapter 55 of the laws of 2023, is amended to
read as follows:
§ 5. This act shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the effective date
of this act but still pending on such date as well as all criminal
actions and proceedings commenced on or after such effective date and
its provisions shall expire on September 1, [2025] 2027, when upon such
date the provisions of this act shall be deemed repealed.
§ 17. Subdivision d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 17 of
part A of chapter 55 of the laws of 2023, is amended to read as follows:
d. Sections one-a through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this act shall
be deemed repealed on September 1, [2025] 2027;
§ 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
inal procedure law relating to electronic court appearance in certain
counties, as amended by section 18 of part A of chapter 55 of the laws
of 2023, is amended to read as follows:
§ 2. This act shall take effect immediately, except that the
provisions of this act shall be deemed to have been in full force and
effect since July 1, 1992 and the provisions of this act shall expire
September 1, [2025] 2027 when upon such date the provisions of this act
shall be deemed repealed.
§ 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision, as amended by section 19 of part A of chapter 55 of the
laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately, except that section one
of this act shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
S. 3005 10 A. 3005
until the first of September, [2025] 2027, upon which date this act
shall be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to any
compacting state which has enacted an interstate compact entitled
"Interstate compact for adult offender supervision" and having an iden-
tical effect to that added by section one of this act and provided
further that with respect to any such compacting state, upon the effec-
tive date of section one of this act, section 259-m of the executive law
is hereby deemed REPEALED and section 259-mm of the executive law, as
added by section one of this act, shall take effect; and provided
further that with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact for adult offender super-
vision" and having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect and the
provisions of section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall adopt
an interstate compact entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state, effective imme-
diately, section 259-m of the executive law is deemed repealed and
section 259-mm of the executive law, as added by section one of this
act, shall take effect.
§ 20. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of certain correc-
tional facilities, providing for the custody by the department of
correctional services of inmates serving definite sentences, providing
for custody of federal prisoners and requiring the closing of certain
correctional facilities, as amended by section 20 of part A of chapter
55 of the laws of 2023, is amended to read as follows:
§ 8. This act shall take effect immediately; provided, however that
sections five and six of this act shall expire and be deemed repealed
September 1, [2025] 2027.
§ 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
the military law relating to military funds of the organized militia, as
amended by section 21 of part A of chapter 55 of the laws of 2023, is
amended to read as follows:
§ 3. This act shall take effect immediately; provided however that the
amendments made to subdivision 1 of section 221 of the military law by
section two of this act shall expire and be deemed repealed September 1,
[2025] 2027.
§ 22. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 22 of part A of
chapter 55 of the laws of 2023, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2025] 2027, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the [chairmen] CHAIRS of the senate crime victims, crime and
correction committee, the senate codes committee, the assembly
correction committee, and the assembly codes committee, the number of
individuals who are released to community treatment facilities during
the previous six-month period, including the total number for each date
at each facility who are not residing within the facility, but who are
required to report to the facility on a daily or less frequent basis.
S. 3005 11 A. 3005
§ 23. Section 2 of part F of chapter 55 of the laws of 2018, amending
the criminal procedure law relating to pre-criminal proceeding settle-
ments in the city of New York, as amended by section 23 of part A of
chapter 55 of the laws of 2023, is amended to read as follows:
§ 2. This act shall take effect immediately and shall remain in full
force and effect until March 31, [2025] 2027, when it shall expire and
be deemed repealed.
§ 24. This act shall take effect immediately.
PART B
Section 1. Paragraph (c) of subdivision 1 of section 245.10 of the
criminal procedure law, as added by section 2 of part LLL of chapter 59
of the laws of 2019, is amended to read as follows:
(c) The prosecution shall disclose statements of the defendant as
described in paragraph (a) of subdivision one of section 245.20 of this
article to any defendant who has been arraigned in a local criminal
court upon a currently undisposed of felony complaint charging an
offense which is a subject of a prospective or pending grand jury
proceeding, no later than [forty-eight] TWENTY-FOUR hours before the
time scheduled for the defendant to testify at a grand jury proceeding
pursuant to subdivision five of section 190.50 of this part.
§ 2. The opening paragraph, paragraphs (h), (o) and subparagraph (i)
of paragraph (u) of subdivision 1, subdivisions 2 and 6 of section
245.20 of the criminal procedure law, as added by section 2 of part LLL
of chapter 59 of the laws of 2019, are amended to read as follows:
The prosecution shall disclose to the defendant, and permit the
defendant to discover, inspect, copy, photograph and test, all [items
and information that relate to the subject matter of the case and] MATE-
RIAL AND INFORMATION RELEVANT TO THE SUBJECT MATTER OF THE CHARGES
AGAINST THE DEFENDANT IN THE INSTANT CASE which are in the possession,
custody or control of the prosecution or persons under the prosecution's
direction or control, including but not limited to:
(h) All photographs and drawings made or completed by a public servant
engaged in law enforcement activity, or which were made by a person whom
the prosecutor intends to call as a witness at trial or a pre-trial
hearing, or which [relate to the subject matter of the case] ARE RELE-
VANT TO THE SUBJECT MATTER OF THE CHARGES AGAINST THE DEFENDANT IN THE
INSTANT CASE.
(o) All tangible property that [relates to the subject matter of the
case] IS RELEVANT TO THE SUBJECT MATTER OF THE CHARGES AGAINST THE
DEFENDANT IN THE INSTANT CASE, along with a designation of which items
the prosecution intends to introduce in its case-in-chief at trial or a
pre-trial hearing. If in the exercise of reasonable diligence the prose-
cutor has not formed an intention within the time period specified in
subdivision one of section 245.10 of this article that an item under
this subdivision will be introduced at trial or a pre-trial hearing, the
prosecution shall notify the defendant in writing, and the time period
in which to designate items as exhibits shall be stayed without need for
a motion pursuant to subdivision two of section 245.70 of this article;
but the disclosure shall be made as soon as practicable and subject to
the continuing duty to disclose in section 245.60 of this article.
(i) A copy of all electronically created or stored information seized
or obtained by or on behalf of law enforcement from: (A) the defendant
as described in subparagraph (ii) of this paragraph; or (B) a source
other than the defendant which [relates to the subject matter of the
S. 3005 12 A. 3005
case] ARE RELEVANT TO THE SUBJECT MATTER OF THE CHARGES AGAINST THE
DEFENDANT IN THE INSTANT CASE.
2. Duties of the prosecution. The prosecutor shall make a diligent,
good faith effort to ascertain the existence of material or information
discoverable under subdivision one of this section and to cause such
material or information to be made available for discovery where it
exists but is not within the prosecutor's possession, custody or
control[; provided that the prosecutor shall not be required to obtain
by subpoena duces tecum material or information which the defendant may
thereby obtain]. MATERIAL OR INFORMATION THAT REQUIRES A SUBPOENA DUCES
TECUM IN ORDER FOR THE PROSECUTOR TO OBTAIN, AND IN WHICH THE DEFENDANT
MAY OBTAIN BY SUBPOENA DUCES TECUM, ARE NOT WITHIN THE SCOPE OF AUTOMAT-
IC DISCOVERY FOR PURPOSES OF SUBDIVISION ONE OF THIS SECTION, AND THE
PROSECUTOR SHALL NOT BE REQUIRED TO OBTAIN SUCH MATERIAL OR INFORMATION
BEFORE FILING A CERTIFICATE OF COMPLIANCE PURSUANT TO SUBDIVISION ONE OF
SECTION 245.50 OF THIS ARTICLE. For purposes of subdivision one of this
section, [all items and information related to the prosecution of a
charge] ALL MATERIAL OR INFORMATION RELEVANT TO THE SUBJECT MATTER OF
THE CHARGES AGAINST THE DEFENDANT IN THE INSTANT CASE WHICH ARE in the
possession of any New York state or local police or law enforcement
agency shall be deemed to be in the CONSTRUCTIVE possession of the pros-
ecution. The prosecution shall also identify any laboratory having
contact with evidence [related] RELEVANT to the prosecution of a charge.
This subdivision shall not require the prosecutor to ascertain the
existence of witnesses not known to the police or another law enforce-
ment agency, or the written or recorded statements thereof, under para-
graph (c) or (e) of subdivision one of this section.
6. Redactions permitted. Either party may redact social security
numbers [and], tax numbers, WITNESSES' PHYSICAL ADDRESSES, OTHER FORMS
OF WITNESSES' CONTACT INFORMATION SO LONG AS THE PEOPLE HAVE PROVIDED
ONE FORM OF ADEQUATE CONTACT INFORMATION CONTAINED IN MATERIAL OR INFOR-
MATION DISCLOSED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION, PHYSICAL ADDRESSES AND OTHER FORMS OF CONTACT INFORMATION FOR
ANY PERSONS CONTAINED IN MATERIAL OR INFORMATION DISCLOSED PURSUANT TO
PARAGRAPH (K) OF SUBDIVISION ONE OF THIS SECTION, AND MATERIAL OR INFOR-
MATION THAT IS NOT RELEVANT TO THE SUBJECT MATTER OF THE CHARGES AGAINST
THE DEFENDANT IN THE INSTANT CASE FROM disclosures under this article
WITHOUT THE NEED TO FILE A PROTECTIVE ORDER PURSUANT TO SECTION 245.70
OF THIS ARTICLE.
§ 3. Subdivisions 1 and 3 of section 245.30 of the criminal procedure
law, as added by section 2 of part LLL of chapter 59 of the laws of
2019, are amended to read as follows:
1. Order to preserve evidence. At any time, a party may move for a
court order to any individual, agency or other entity in possession,
custody or control of items which [relate to the subject matter of the
case or are otherwise relevant] ARE RELEVANT TO THE SUBJECT MATTER OF
THE CHARGES AGAINST THE DEFENDANT IN THE INSTANT CASE, requiring that
such items be preserved for a specified period of time. The court shall
hear and rule upon such motions expeditiously. The court may modify or
vacate such an order upon a showing that preservation of particular
evidence will create significant hardship to such individual, agency or
entity, on condition that the probative value of that evidence is
preserved by a specified alternative means.
3. Discretionary discovery by order of the court. The court in its
discretion may, upon a showing by the defendant that the request is
reasonable and that the defendant is unable without undue hardship to
S. 3005 13 A. 3005
obtain the substantial equivalent by other means, order the prosecution,
or any individual, agency or other entity subject to the jurisdiction of
the court, to make available for disclosure to the defendant any materi-
al or information which [relates to the subject matter of the case] ARE
RELEVANT TO THE SUBJECT MATTER OF THE CHARGES AGAINST THE DEFENDANT IN
THE INSTANT CASE and is reasonably likely to be material. A motion under
this subdivision must be on notice to any person or entity affected by
the order. The court may, on its own, upon request of any person or
entity affected by the order, modify or vacate the order if compliance
would be unreasonable or will create significant hardship. For good
cause shown, the court may permit a party seeking or opposing a discre-
tionary order of discovery under this subdivision, or another affected
person or entity, to submit papers or testify on the record ex parte or
in camera. For good cause shown, any such papers and a transcript of
such testimony may be sealed and shall constitute a part of the record
on appeal.
§ 4. Subdivisions 1, 1-a, 3 and 4 of section 245.50 of the criminal
procedure law, subdivisions 1 and 3 as amended by section 7 of part HHH
of chapter 56 of the laws of 2020, subdivision 1-a as added and subdivi-
sion 4 as amended by section 1 of subpart D of part UU of chapter 56 of
the laws of 2022, are amended and a new subdivision 5 is added to read
as follows:
1. By the prosecution. When the prosecution, AFTER EXERCISING GOOD
FAITH AND DUE DILIGENCE, has provided [the discovery required by subdi-
vision one of section 245.20 of this article] ALL MATERIAL AND INFORMA-
TION SET FORTH IN SUBDIVISION ONE OF SECTION 245.20 OF THIS ARTICLE THAT
ARE IN THE PEOPLE'S ACTUAL POSSESSION, except for discovery that is lost
or destroyed as provided by paragraph (b) of subdivision one of section
245.80 of this article and except for any [items] MATERIAL or informa-
tion that [are] IS the subject of an order pursuant to section 245.70 of
this article, it shall serve upon the defendant and file with the court
a certificate of compliance. The certificate of compliance shall state
that, after exercising due diligence and making reasonable inquiries to
ascertain the existence of material and information subject to discov-
ery, the prosecutor has disclosed and made available all known material
and information subject to discovery THAT IS IN ITS ACTUAL POSSESSION.
It shall also identify the items provided. [If additional discovery is
subsequently provided] IF THE PROSECUTION PROVIDES ADDITIONAL DISCOVERY
prior to trial pursuant to section 245.60 of this article, a supple-
mental certificate shall be served upon the defendant and filed with the
court identifying the additional material and information provided. [No
adverse consequence to the prosecution or the prosecutor shall result
from the filing of a certificate of compliance in good faith and reason-
able under the circumstances; but the court may grant a remedy or sanc-
tion for a discovery violation as provided in section 245.80 of this
article.] THE FILING OF A SUPPLEMENTAL CERTIFICATE OF COMPLIANCE SHALL
NOT IMPACT THE VALIDITY OF THE ORIGINAL CERTIFICATE OF COMPLIANCE IF
FILED IN GOOD FAITH AND AFTER EXERCISING DUE DILIGENCE PURSUANT TO
SECTION 245.20 OF THIS ARTICLE. NOTHING IN THIS SUBDIVISION SHALL
PRECLUDE THE PROSECUTION FROM CONTINUING THEIR INVESTIGATION AND OBTAIN-
ING AND DISCLOSING NEW DISCOVERABLE MATERIAL AND INFORMATION AFTER THEY
HAVE FILED A CERTIFICATE OF COMPLIANCE.
[1-a. Any supplemental certificate of compliance shall detail the
basis for the delayed disclosure so that the court may determine whether
the delayed disclosure impacts the propriety of the certificate of
compliance. The filing of a supplemental certificate of compliance shall
S. 3005 14 A. 3005
not impact the validity of the original certificate of compliance if
filed in good faith and after exercising due diligence pursuant to
section 245.20 of this article, or if the additional discovery did not
exist at the time of the filing of the original certificate of compli-
ance.]
3. Trial readiness. Notwithstanding the provisions of any other law,
absent an individualized finding of special circumstances in the instant
case by the court before which the charge is pending, the prosecution
shall not be deemed ready for trial for purposes of section 30.30 of
this chapter until it has filed a proper certificate pursuant to subdi-
vision one of this section. [A court may deem the prosecution ready for
trial pursuant to section 30.30 of this chapter where information that
might be considered discoverable under this article cannot be disclosed
because it has been lost, destroyed, or otherwise unavailable as
provided by paragraph (b) of subdivision one of section 245.80 of this
article, despite diligent and good faith efforts, reasonable under the
circumstances. Provided, however, that the court may grant a remedy or
sanction for a discovery violation as provided by section 245.80 of this
article.]
4. (a) Challenges to, or questions related to a certificate of compli-
ance shall be addressed by motion.
(b) To the extent that the party is aware of a potential defect or
deficiency related to a certificate of compliance or supplemental
certificate of compliance, the party entitled to disclosure shall notify
or alert the opposing party as soon as practicable.
(c) Challenges related to the sufficiency of a certificate of compli-
ance or supplemental certificates of compliance FILED PURSUANT TO SUBDI-
VISION ONE OF THIS SECTION shall be addressed by motion [as soon as
practicable, provided that nothing in this section shall be construed to
waive a party's right to make further challenges, including but not
limited to a motion pursuant to section 30.30 of this chapter] WITHIN
THIRTY-FIVE DAYS OF THE FILING OF THE CERTIFICATE. FAILURE TO CHALLENGE
A CERTIFICATE OF COMPLIANCE OR SUPPLEMENTAL CERTIFICATE OF COMPLIANCE
WITHIN THAT TIME PERIOD CONSTITUTES A WAIVER OF THAT CHALLENGE, HOWEVER,
FOR GOOD CAUSE SHOWN, THE COURT MAY EXTEND THE TIME PERIOD BEYOND THIR-
TY-FIVE DAYS. GOOD CAUSE INCLUDES, BUT IS NOT LIMITED TO, VOLUMINOUS
DISCOVERY AND THE COMPLEXITY OF THE CASE. DENIAL OF A MOTION CHALLENGING
THE SUFFICIENCY OF A CERTIFICATE OF COMPLIANCE OR SUPPLEMENTAL CERTIF-
ICATE OF COMPLIANCE, OR A WAIVER OF SUCH CHALLENGE, SHALL NOT PRECLUDE
THE IMPOSITION OF ANY REMEDY OR SANCTION AUTHORIZED UNDER SECTION 245.80
OF THIS ARTICLE.
(D) A CERTIFICATE OF COMPLIANCE OR SUPPLEMENTAL CERTIFICATE OF COMPLI-
ANCE SHALL NOT BE INVALIDATED WHERE THE PEOPLE RELY ON A GOOD FAITH
INTERPRETATION OF THE DISCLOSURE REQUIREMENTS OF THIS ARTICLE, AND THERE
IS NO CONTROLLING PRECEDENT TO THE CONTRARY FROM THE INTERMEDIATE APPEL-
LATE COURT TO WHICH AN APPEAL FROM A JUDGMENT OF CONVICTION WOULD BE HAD
OR FROM THE COURT OF APPEALS.
5. NOTWITHSTANDING ANY OTHER SECTION OF LAW TO THE CONTRARY, NO
ADVERSE CONSEQUENCE TO THE PROSECUTION OR THE PROSECUTOR, INCLUDING THE
INVALIDATION OF A CERTIFICATE OF COMPLIANCE OR STATEMENT OF READINESS,
SHALL RESULT FROM THE FILING OF A CERTIFICATE OF COMPLIANCE OR A SUPPLE-
MENTAL CERTIFICATE OF COMPLIANCE THAT WAS MADE IN GOOD FAITH AND IS
REASONABLE UNDER THE CIRCUMSTANCES. BELATED OR MISSING DISCLOSURES SHALL
BE CURED BY SUPPLEMENTAL DISCOVERY PURSUANT TO SUBDIVISIONS ONE AND TWO
OF THIS SECTION. IF THE PARTY ENTITLED TO THE BELATED OR MISSING DISCLO-
SURES SHOWS THAT THEY HAVE BEEN PREJUDICED BY THE BELATED OR NON-DISCLO-
S. 3005 15 A. 3005
SURE, THE COURT SHALL GRANT AN APPROPRIATE AND PROPORTIONATE REMEDY
PURSUANT TO SECTION 245.80 OF THIS ARTICLE. A CERTIFICATE OF COMPLIANCE
OR STATEMENT OF READINESS SHALL BE INVALIDATED ONLY UPON A SHOWING THAT
NO OTHER REMEDY, PURSUANT TO SECTION 245.80 OF THIS ARTICLE, CAN SUFFI-
CIENTLY CURE ANY PREJUDICE RESULTING FROM THE BELATED OR MISSING DISCLO-
SURE.
§ 5. Subdivision 2 of section 245.55 of the criminal procedure law, as
added by section 2 of part LLL of chapter 59 of the laws of 2019, is
amended to read as follows:
2. Provision of law enforcement agency files. Absent a court order or
a requirement that defense counsel obtain a security clearance mandated
by law or authorized government regulation, upon request by the prose-
cution, each New York state and local law enforcement agency shall make
available to the prosecution a complete copy of its complete records and
files [related] RELEVANT to the investigation of the case or the prose-
cution of the defendant for compliance with this article.
§ 6. Subdivision 3 of section 245.80 of the criminal procedure law, as
added by section 2 of part LLL of chapter 59 of the laws of 2019, is
amended to read as follows:
3. Consequences of non-disclosure of statement of testifying prose-
cution witness. The failure of the prosecutor or any agent of the prose-
cutor to disclose any written or recorded statement made by a prose-
cution witness which [relates] IS RELEVANT to the subject matter of the
witness's testimony shall not constitute grounds for any court to order
a new pre-trial hearing or set aside a conviction, or reverse, modify or
vacate a judgment of conviction, in the absence of a showing by the
defendant that there is a reasonable possibility that the non-disclosure
materially contributed to the result of the trial or other proceeding;
provided, however, that nothing in this section shall affect or limit
any right the defendant may have to a reopened pre-trial hearing when
such statements were disclosed before the close of evidence at trial.
§ 7. Paragraph (a) of subdivision 4 of section 30.30 of the criminal
procedure law, as amended by section 1 of part KKK of chapter 59 of the
laws of 2019, is amended to read as follows:
(a) a reasonable period of delay resulting from other proceedings
concerning the defendant, including but not limited to: proceedings for
the determination of competency and the period during which defendant is
incompetent to stand trial; demand to produce; request for a bill of
particulars; pre-trial motions; appeals; trial of other charges; [and]
the period during which such matters are under consideration by the
court; AND UNLESS THE DEFENDANT WAIVES THEIR RIGHT TO FILE A CHALLENGE
TO THE PEOPLE'S DISCOVERY CERTIFICATE OF COMPLIANCE PURSUANT TO SECTION
245.50 OF THIS CHAPTER, THE PERIOD BETWEEN THE FILING OF THE PEOPLE'S
CERTIFICATE OF COMPLIANCE AND THE COURT'S DECISION ON THE DEFENDANT'S
CHALLENGE TO THE CERTIFICATE OF COMPLIANCE; or
§ 8. Subdivision 5 of section 30.30 of the criminal procedure law, as
amended by section 1 of part KKK of chapter 59 of the laws of 2019, is
amended to read as follows:
5. Whenever pursuant to this section a prosecutor states or otherwise
provides notice that the people are ready for trial, the court shall
make inquiry on the record as to their actual readiness. If, after
conducting its inquiry, the court determines that the people are not
ready to proceed to trial, the prosecutor's statement or notice of read-
iness shall not be valid for purposes of this section. Any statement of
trial readiness must be accompanied or preceded by a certification of
good faith compliance with the disclosure requirements of section 245.20
S. 3005 16 A. 3005
of this chapter and the defense shall be afforded an opportunity to be
heard on the record as to whether the disclosure requirements have been
met. THE COURT MAY DEEM THE PEOPLE NOT READY FOR TRIAL IF IT FINDS THAT
THE PEOPLE'S CERTIFICATE OF COMPLIANCE WAS INVALID AND THE DEFENSE SHOWS
THAT IT WAS PREJUDICED AS A RESULT OF THE PEOPLE'S NON-DISCLOSURE OR
BELATED DISCLOSURE OF DISCOVERABLE MATERIAL OR INFORMATION AND NO OTHER
REMEDY, PURSUANT TO SECTION 245.80 OF THIS CHAPTER, SUFFICIENTLY CURES
THE PREJUDICE. This subdivision shall not apply to cases where the
defense has waived disclosure requirements.
§ 9. This act shall take effect immediately and shall apply to all
criminal proceedings initiated on or before such date.
PART C
Section 1. Section 3 of the public officers law is amended by adding
a new subdivision 9-a to read as follows:
9-A. THE PROVISIONS OF THIS SECTION REQUIRING A PERSON TO BE A RESI-
DENT OF THE STATE SHALL NOT APPLY TO ANY PERSON EMPLOYED AS A CORRECTION
OFFICER TRAINEE OR CORRECTION OFFICER WHO IS EMPLOYED AT A STATE CORREC-
TIONAL FACILITY.
§ 2. Subdivision e of section 381-b of the retirement and social
security law, as amended by chapter 97 of the laws of 2008, is amended
to read as follows:
e. Mandatory retirement. A member subject to the provisions of this
section shall be retired on December thirty-first of the year in which
[he or she] SUCH MEMBER attains [sixty] SIXTY-THREE years of age.
Notwithstanding the foregoing, any member in service in the division
on August fifteenth, two thousand seven, and who on that date was enti-
tled to receive retirement benefits on the thirty-first day of December
in the year in which [he or she] SUCH MEMBER attained fifty-seven years
of age as provided in paragraph three of subdivision b of this section,
may elect to retain such entitlement, provided the member remains in
service on the thirtieth day of December in the year in which [he or
she] SUCH MEMBER attains fifty-seven years of age, AND ANY MEMBER IN
SERVICE IN THE DIVISION ON AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-
FIVE, AND WHO ON THAT DATE WAS ENTITLED TO RECEIVE RETIREMENT BENEFITS
ON THE THIRTY-FIRST DAY OF DECEMBER IN THE YEAR IN WHICH SUCH MEMBER
ATTAINED SIXTY YEARS OF AGE AS PROVIDED IN PARAGRAPH THREE OF SUBDIVI-
SION B OF THIS SECTION, MAY ELECT TO RETAIN SUCH ENTITLEMENT, PROVIDED
THE MEMBER REMAINS IN SERVICE ON THE THIRTIETH DAY OF DECEMBER IN THE
YEAR IN WHICH SUCH MEMBER ATTAINS SIXTY YEARS OF AGE. The provisions of
this subdivision shall not apply to the superintendent.
§ 3. Subdivision 3 of section 215 of the executive law, as amended by
chapter 478 of the laws of 2004, is amended to read as follows:
3. The sworn members of the New York state police shall be appointed
by the superintendent and permanent appointees may be removed by the
superintendent only after a hearing. No person shall be appointed to the
New York state police force as a sworn member unless [he or she] SUCH
PERSON shall be a citizen of the United States[, between the ages of
twenty-one and twenty-nine years except that in the superintendent's
discretion, the maximum age may be extended to thirty-five years.
Notwithstanding any other provision of law or any general or special law
to the contrary the time spent on military duty, not exceeding a total
of six years, shall be subtracted from the age of any applicant who has
passed his or her twenty-ninth birthday, solely for the purpose of
permitting qualification as to age and for no other purpose. Such limi-
S. 3005 17 A. 3005
tations as to age however shall not apply to persons appointed to the
positions of counsel, first assistant counsel, assistant counsel, and
assistant deputy superintendent for employee relations nor to any person
appointed to the bureau of criminal investigation pursuant to section
two hundred sixteen of this article nor shall any person] WHO IS AT
LEAST TWENTY-ONE YEARS OF AGE. NO PERSON SHALL be appointed unless [he
or she] SUCH PERSON has fitness and good moral character and shall have
passed a physical and mental examination based upon standards provided
by the rules and regulations of the superintendent. Appointments shall
be made for a probationary period which, in the case of appointees
required to attend and complete a basic training program at the state
police academy, shall include such time spent attending the basic school
and terminate one year after successful completion thereof. All other
sworn members shall be subject to a probationary period of one year from
the date of appointment. Following satisfactory completion of the proba-
tionary period the member shall be a permanent appointee. Voluntary
resignation or withdrawal from the New York state police during such
appointment shall be submitted to the superintendent for approval.
Reasonable time shall be required to account for all equipment issued or
for debts or obligations to the state to be satisfied. Resignation or
withdrawal from the division during a time of emergency, so declared by
the governor, shall not be approved if contrary to the best interest of
the state and shall be a misdemeanor. No sworn member removed from the
New York state police shall be eligible for reappointment. The super-
intendent shall make rules and regulations subject to approval by the
governor for the discipline and control of the New York state police and
for the examination and qualifications of applicants for appointment as
members thereto and such examinations shall be held and conducted by the
superintendent subject to such rules and regulations. The superintendent
is authorized to charge a fee of twenty dollars as an application fee
for any person applying to take a competitive examination for the posi-
tion of trooper, and a fee of five dollars for any competitive examina-
tion for a civilian position. The superintendent shall promulgate regu-
lations subject to the approval of the director of the budget, to
provide for a waiver of the application fee when the fee would cause an
unreasonable hardship on the applicant and to establish a fee schedule
and charge fees for the use of state police facilities.
§ 4. Section 58 of the civil service law, as amended by chapter 560 of
the laws of 1978, subdivisions 1 and 2 as amended by chapter 244 of the
laws of 2013, paragraphs (c) and (d) of subdivision 1 as amended by
section 16 and subdivision 5 as amended by section 17 of part BBB of
chapter 59 of the laws of 2021, subdivision 1-b as added by chapter 1016
of the laws of 1983, subdivision 1-c as added by chapter 840 of the laws
of 1985, subdivision 3 as amended by chapter 561 of the laws of 2015,
subdivision 4 as separately amended by chapters 375 and 397 of the laws
of 1990, paragraphs (a) and (b) of subdivision 4 as amended by chapter
561 of the laws of 2015, paragraph (c) of subdivision 4 as amended by
chapter 190 of the laws of 2008, subparagraphs (ii) and (iv) of para-
graph (c) of subdivision 4 as amended by section 58 of subpart B of part
C of chapter 62 of the laws of 2011 and subdivision 6 as added by chap-
ter 558 of the laws of 1979, is amended to read as follows:
§ 58. Requirements for [provisional or permanent] appointment of
certain police officers. 1. Notwithstanding any other provision of this
law or any general, special or local law to the contrary, no person
shall be eligible for [provisional or permanent] appointment [in the
competitive class of the civil service] as a police officer of the
S. 3005 18 A. 3005
department of environmental conservation or of any police force or
police department of any county, city, town, village, housing authority
or police district unless [he or she] THEY shall satisfy the following
basic requirements:
(a) [he or she is] THEY ARE not less than twenty years of age as of
the date of appointment [nor more than thirty-five years of age as of
the date when the applicant takes the written examination, provided that
the maximum age requirement of thirty-five years of age as set forth in
this paragraph shall not apply to eligible lists finalized pursuant to
an examination administered prior to May thirty-first, nineteen hundred
ninety-nine or a police officer in the department of environmental
conservation, provided, however, that:
(i) time spent on military duty or on terminal leave, not exceeding a
total of six years, shall be subtracted from the age of any applicant
who has passed his or her thirty-fifth birthday as provided in subdivi-
sion ten-a of section two hundred forty-three of the military law;
(ii) such maximum age requirement of thirty-five years shall not apply
to any police officer as defined in subdivision thirty-four of section
1.20 of the criminal procedure law, who was continuously employed by the
Buffalo municipal housing authority between January first, two thousand
five and June thirtieth, two thousand five and who takes the next writ-
ten exam offered after the effective date of this subparagraph by the
city of Buffalo civil service commission for employment as a police
officer in the city of Buffalo police department, or June thirtieth, two
thousand six, whichever is later; and
(iii) such maximum age requirement of thirty-five years shall not
apply to any police officer of any county, town, city or village police
force not otherwise provided for in this section if the eligible list
has been exhausted and there are no other eligible candidates; provided,
however, the police officer themselves are on the eligible list of such
county, town, city or village and meet all other requirements of merit
and fitness set forth by this chapter and do not exceed the maximum age
of thirty-nine];
(b) [he or she is] THEY ARE a high school graduate or a holder of a
high school equivalency diploma issued by an education department of any
of the states of the United States or a holder of a comparable diploma
issued by any commonwealth, territory or possession of the United States
or by the Canal Zone or a holder of a report from the United States
armed forces certifying [his or her] THEIR successful completion of the
tests of general educational development, high school level;
(c) [he or she satisfies] THEY SATISFY the height, weight, physical
and psychological fitness requirements prescribed by the municipal
police training council pursuant to the provisions of section eight
hundred forty of the executive law; and
(d) [he or she is] THEY ARE of good moral character as determined in
accordance with the background investigation standards of the municipal
police training council pursuant to the provisions of section eight
hundred forty of the executive law.
1-b. Notwithstanding the provisions of any other section of law,
general, special or local, in political subdivisions maintaining a
police department serving a population of one hundred fifty thousand or
less, no person shall be eligible for appointment nor shall [he or she]
THEY be appointed to any rank above the rank of police officer unless
[he or she has] THEY HAVE been appointed a police officer from an eligi-
ble list established according to merit and fitness as provided by
S. 3005 19 A. 3005
section six of article five of the constitution of the state of New York
or has previously served as a member of the New York state police.
1-c. Notwithstanding the provisions of any other section of law,
general, special or local, any political subdivision maintaining a
police department serving a population of one hundred fifty thousand or
less and with positions for more than four full-time police officers,
shall maintain the office of chief of police.
2. The provisions of this section shall not prevent any county, city,
town, village, housing authority, transit authority, police district or
the department of environmental conservation from setting more restric-
tive requirements of eligibility for its police officers[, except the
maximum age to be a police officer as provided in paragraph (a) of
subdivision one of this section].
3. As used in this section, the term "police officer" means a police
officer in the department of environmental conservation, the state
university police, a member of the regional state park police or a
police force, police department, or other organization of a county,
city, town, village, housing authority, transit authority or police
district, who is responsible for the prevention and detection of crime
and the enforcement of the general criminal laws of the state, but shall
not include any person serving as such solely by virtue of [his or her]
occupying any other office or position, nor shall such term include a
sheriff, under-sheriff, commissioner of police, deputy or assistant
commissioner of police, chief of police, deputy or assistant chief of
police or any person having an equivalent title who is appointed or
employed to exercise equivalent supervisory authority.
4. (a) [Any person who has received provisional or permanent appoint-
ment in the competitive class of the civil service as a police officer
of the regional state park police, the state university of New York
police, the department of environmental conservation or any police force
or police department of any county, city, town, village, housing author-
ity, transit authority or police district shall be eligible to resign
from any police force or police department, and to be appointed as a
police officer in the same or any other police force or police depart-
ment without satisfying the age requirements set forth in paragraph (a)
of subdivision one of this section at the time of such second or subse-
quent appointment, provided such second or subsequent appointment occurs
within thirty days of the date of resignation.
(b)] Any person who has received permanent appointment in the compet-
itive class of the civil service as a police officer of the regional
state park police, the state university of New York police, the depart-
ment of environmental conservation or any police force or police depart-
ment of any county, city, town, village, housing authority, transit
authority or police district shall be eligible to resign from any police
force or police department and, subject to such civil service rules as
may be applicable, shall be eligible for reinstatement in the same
police force or police department or in any other police force or police
department to which [he or she was] THEY WERE eligible for transfer,
without satisfying the age requirements set forth in paragraph (a) of
subdivision one of this section at the time of such reinstatement,
provided such reinstatement occurs within one year of the date of resig-
nation.
[(c)] (B) (i) Legislative findings and declaration. The legislature
hereby finds and declares that it is frequently impracticable to ascer-
tain fitness for the positions of detective and investigator within
various police or sheriffs departments around the state by means of a
S. 3005 20 A. 3005
competitive examination due to the unique nature of the duties assigned
and the intangible personal qualities needed to perform such duties. The
legislature further finds that competitive examination has never been
employed in many police, correction or sheriffs departments, to ascer-
tain fitness for the positions of detective and investigator within such
police, correction or sheriffs departments; such fitness has always been
determined by evaluation of the capabilities of an individual (who has
in any case received permanent appointment to the position of police
officer, correction officer of any rank or deputy sheriff) by superviso-
ry personnel. The legislature further finds that an individual who
performs in an investigatory position in a manner sufficiently satisfac-
tory to the appropriate supervisors to hold such an assignment for a
period of eighteen months, has demonstrated fitness for the position of
detective or investigator within such police, correction or sheriffs
department at least as sufficiently as could be ascertained by means of
a competitive examination.
(ii) Notwithstanding any other provision of law, in any jurisdiction,
other than a city with a population of one million or more or the state
department of corrections and community supervision, which does not
administer examinations for designation to detective or investigator,
any person who has received permanent appointment to the position of
police officer, correction officer of any rank or deputy sheriff and is
temporarily assigned to perform the duties of detective or investigator
shall, whenever such assignment to the duties of a detective or investi-
gator exceeds eighteen months, be permanently designated as a detective
or investigator and receive the compensation ordinarily paid to persons
in such designation.
(iii) Nothing contained in subparagraph (ii) of this paragraph shall
be construed to limit any jurisdiction's ability to administer examina-
tions for appointment to the positions of detective and investigator,
provided however that any person temporarily assigned to perform the
duties of detective or investigator within the period commencing Septem-
ber twenty-third, nineteen hundred ninety-three through and including
the date upon which this paragraph shall have become a law and who has
not been designated as a detective or investigator and who has not been
subject to an examination for which there is a certified eligible list,
shall be permanently designated as a detective or investigator whenever
such assignment to the duties of detective or investigator exceeds eigh-
teen months.
(iv) Detectives and investigators designated since September twenty-
third, nineteen hundred ninety and prior to February twenty-fourth,
nineteen hundred ninety-five by any state, county, town, village or city
(other than a city with a population of one million or more or the state
department of corrections and community supervision) police, correction
or sheriffs department, pursuant to the provisions of this paragraph in
effect during such period, who continue to serve in such positions,
shall retain their detective or investigator status without any right to
retroactive financial entitlement.
5. The provisions of this section shall not apply to the investigatory
personnel of the office of the district attorney in any county, includ-
ing any county within the city of New York.
6. The provisions of this section shall not apply to any individual
holding the position of deputy sheriff in Westchester county prior to
July first, nineteen hundred seventy-nine upon the transfer of such
individual to service in the Westchester county department of public
safety services.
S. 3005 21 A. 3005
§ 5. This act shall take effect September 1, 2025.
PART D
Section 1. The penal law is amended by adding a new section 120.65 to
read as follows:
§ 120.65 DOMESTIC VIOLENCE.
A PERSON IS GUILTY OF DOMESTIC VIOLENCE WHEN SUCH PERSON:
1. COMMITS A SERIOUS OFFENSE AS DEFINED IN PARAGRAPH (C) OF SUBDIVI-
SION SEVENTEEN OF SECTION 265.00 OF THIS PART AND THE PERSON AGAINST
WHOM THE OFFENSE IS COMMITTED IS A MEMBER OF THE SAME FAMILY OR HOUSE-
HOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL
PROCEDURE LAW; OR
2. COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISIONS ONE AND TWO OF SECTION 120.00 OF THIS ARTICLE, OR CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED IN SECTION
121.11 OF THIS TITLE, FORCIBLE TOUCHING AS DEFINED IN SECTION 130.52 OF
THIS TITLE, OR SEXUAL ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTION
130.60 OF THIS TITLE, OR SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED IN
SECTION 130.55 OF THIS TITLE, OR UNLAWFUL IMPRISONMENT IN THE SECOND
DEGREE AS DEFINED IN SECTION 135.05 OF THIS TITLE AND THE PERSON AGAINST
WHOM THE OFFENSE IS COMMITTED IS A CURRENT OR FORMER SPOUSE, PARENT, OR
GUARDIAN OF THE DEFENDANT, A PERSON WITH WHOM THE DEFENDANT SHARES A
CHILD IN COMMON, A PERSON WHO IS COHABITING WITH OR HAS COHABITED WITH
THE DEFENDANT AS A SPOUSE, PARENT, OR GUARDIAN, OR A PERSON SIMILARLY
SITUATED TO A SPOUSE, PARENT, OR GUARDIAN OF THE DEFENDANT.
DOMESTIC VIOLENCE IS A CLASS A MISDEMEANOR.
§ 2. Subdivision 17 of section 265.00 of the penal law is amended by
adding a new paragraph (d) to read as follows:
(D) DOMESTIC VIOLENCE AS DEFINED BY SUBDIVISION ONE OF SECTION 120.65
OF THE PENAL LAW.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART E
Section 1. Subparagraph (iv) of paragraph (d) of subdivision 1 of
section 803 of the correction law, as separately amended by chapters 242
and 322 of the laws of 2021, is amended to read as follows:
(iv) Such merit time allowance may be granted when an incarcerated
individual successfully participates in the work and treatment program
assigned pursuant to section eight hundred five of this article and when
such incarcerated individual obtains a general equivalency diploma, an
alcohol and substance abuse treatment certificate, a vocational trade
certificate following at least six months of vocational programming, at
least eighteen credits in a program registered by the state education
department from a degree-granting higher education institution or
performs at least four hundred hours of service as part of a community
work crew. THE COMMISSIONER MAY DESIGNATE ADDITIONAL PROGRAMS AND
ACHIEVEMENTS FOR WHICH MERIT TIME MAY BE GRANTED.
Such allowance shall be withheld for any serious disciplinary infrac-
tion or upon a judicial determination that the person, while an incar-
cerated individual, commenced or continued a civil action, proceeding or
claim that was found to be frivolous as defined in subdivision (c) of
section eight thousand three hundred three-a of the civil practice law
and rules, or an order of a federal court pursuant to rule 11 of the
S. 3005 22 A. 3005
federal rules of civil procedure imposing sanctions in an action
commenced by a person, while an incarcerated individual, against a state
agency, officer or employee.
§ 2. Subparagraph (xii) of paragraph (c) of subdivision 1 of section
803-b of the correction law, as amended by chapter 322 of the laws of
2021, is amended and a new subparagraph (xiii) is added to read as
follows:
(xii) receives a certificate from the food production center in an
assigned position following the completion of no less than eight hundred
hours of work in such position, and continues to work for an additional
eighteen months at the food production center[.]; OR
(XIII) SUCCESSFULLY COMPLETES A PROGRAM OF NOT LESS THAN EIGHTEEN
MONTHS AS ESTABLISHED BY THE COMMISSIONER.
§ 3. This act shall take effect on the one hundred twentieth day
after it shall have become a law and shall apply to offenses committed
prior to, on or after the effective date of this act; provided that the
amendments to section 803 of the correction law made by section one of
this act shall be subject to the expiration and reversion of such
section pursuant to subdivision d of section 74 of chapter 3 of the laws
of 1995, as amended.
PART F
Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the
criminal procedure law, as amended by chapter 315 of the laws of 2019,
is amended to read as follows:
(a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal law, or a crime defined or
formerly defined in section 130.50 of the penal law, or aggravated sexu-
al abuse in the first degree as defined in section 130.70 of the penal
law, or course of sexual conduct against a child in the first degree as
defined in section 130.75 of the penal law, OR SEX TRAFFICKING AS
DEFINED IN SECTION 230.34 OF THE PENAL LAW, OR SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, or incest in the
first degree as defined in section 255.27 of the penal law may be
commenced at any time;
§ 2. Subdivision (b) of section 208 of the civil practice law and
rules, as added by chapter 11 of the laws of 2019, is amended to read as
follows:
(b) Notwithstanding any provision of law which imposes a period of
limitation to the contrary and the provisions of any other law pertain-
ing to the filing of a notice of claim or a notice of intention to file
a claim as a condition precedent to commencement of an action or special
proceeding, with respect to all civil claims or causes of action brought
by any person for physical, psychological or other injury or condition
suffered by such person as a result of conduct which would constitute a
sexual offense as defined in article one hundred thirty of the penal law
committed against such person who was less than eighteen years of age,
SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW COMMITTED
AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAF-
FICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW,
incest as defined in section 255.27, 255.26 or 255.25 of the penal law
committed against such person who was less than eighteen years of age,
or the use of such person in a sexual performance as defined in section
263.05 of the penal law, or a predecessor statute that prohibited such
conduct at the time of the act, which conduct was committed against such
S. 3005 23 A. 3005
person who was less than eighteen years of age, such action may be
commenced, against any party whose intentional or negligent acts or
omissions are alleged to have resulted in the commission of said
conduct, on or before the plaintiff or infant plaintiff reaches the age
of fifty-five years. In any such claim or action, in addition to any
other defense and affirmative defense that may be available in accord-
ance with law, rule or the common law, to the extent that the acts
alleged in such action are of the type described in subdivision one of
section 130.30 of the penal law or FORMERLY DEFINED IN subdivision one
of section 130.45 of the penal law, the affirmative defenses set forth,
respectively, in the closing paragraph of such sections of the penal law
shall apply.
§ 3. Section 213-c of the civil practice law and rules, as amended by
chapter 23 of the laws of 2024, is amended to read as follows:
§ 213-c. Action by victim of conduct constituting certain sexual
offenses. Notwithstanding any other limitation set forth in this arti-
cle, except as provided in subdivision (b) of section two hundred eight
of this article, all civil claims or causes of action brought by any
person for physical, psychological or other injury or condition suffered
by such person as a result of conduct which would constitute rape in the
first degree as defined in section 130.35 of the penal law, or rape in
the second degree as defined in subdivision four, five or six of section
130.30 of the penal law, or rape in the second degree as defined in
former subdivision two of section 130.30 of the penal law, or rape in
the third degree as defined in subdivision one, two, three, seven, eight
or nine of section 130.25 of the penal law, or a crime formerly defined
in section 130.50 of the penal law, or a crime formerly defined in
subdivision two of section 130.45 of the penal law, or a crime formerly
defined in subdivision one or three of section 130.40 of the penal law,
or incest in the first degree as defined in section 255.27 of the penal
law, or incest in the second degree as defined in section 255.26 of the
penal law (where the crime committed is rape in the second degree as
defined in subdivision four, five or six of section 130.30 of the penal
law, or rape in the second degree as formerly defined in subdivision two
of section 130.30 of the penal law, or a crime formerly defined in
subdivision two of section 130.45 of the penal law), or aggravated sexu-
al abuse in the first degree as defined in section 130.70 of the penal
law, or course of sexual conduct against a child in the first degree as
defined in section 130.75 of the penal law, OR SEX TRAFFICKING AS
DEFINED IN SECTION 230.34 OF THE PENAL LAW, OR SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW may be brought
against any party whose intentional or negligent acts or omissions are
alleged to have resulted in the commission of the said conduct, within
twenty years. Nothing in this section shall be construed to require that
a criminal charge be brought or a criminal conviction be obtained as a
condition of bringing a civil cause of action or receiving a civil judg-
ment pursuant to this section or be construed to require that any of the
rules governing a criminal proceeding be applicable to any such civil
action.
§ 4. Paragraph (b) of subdivision 8 of section 50-e of the general
municipal law, as amended by chapter 153 of the laws of 2024, is amended
to read as follows:
(b) This section shall not apply to: (i) any claim made for physical,
psychological, or other injury or condition suffered as a result of
conduct which would constitute a sexual offense as defined in article
one hundred thirty of the penal law committed against a child less than
S. 3005 24 A. 3005
eighteen years of age, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL
LAW, incest as defined in section 255.27, 255.26 or 255.25 of the penal
law committed against a child less than eighteen years of age, or the
use of a child in a sexual performance as defined in section 263.05 of
the penal law committed against a child less than eighteen years of age;
or
(ii) any civil claim or cause of action revived pursuant to section
two hundred fourteen-j of the civil practice law and rules.
§ 5. Subdivision 5 of section 50-i of the general municipal law, as
added by chapter 11 of the laws of 2019, is amended to read as follows:
5. Notwithstanding any provision of law to the contrary, this section
shall not apply to any claim made against a city, county, town, village,
fire district or school district for physical, psychological, or other
injury or condition suffered as a result of conduct which would consti-
tute a sexual offense as defined in article one hundred thirty of the
penal law committed against a child less than eighteen years of age, SEX
TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW COMMITTED
AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, incest as defined
in section 255.27, 255.26 or 255.25 of the penal law committed against a
child less than eighteen years of age, or the use of a child in a sexual
performance as defined in section 263.05 of the penal law committed
against a child less than eighteen years of age.
§ 6. Subdivision 10 of section 10 of the court of claims act, as
amended by chapter 153 of the laws of 2024, is amended to read as
follows:
10. Notwithstanding any provision of law to the contrary, this section
shall not apply to: (i) any claim to recover damages for physical,
psychological, or other injury or condition suffered as a result of
conduct which would constitute a sexual offense as defined in article
one hundred thirty of the penal law committed against a child less than
eighteen years of age, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL
LAW, incest as defined in section 255.27, 255.26 or 255.25 of the penal
law committed against a child less than eighteen years of age, or the
use of a child in a sexual performance as defined in section 263.05 of
the penal law committed against a child less than eighteen years of age;
or
(ii) any civil claim or cause of action revived pursuant to section
two hundred fourteen-j of the civil practice law and rules.
§ 7. Subdivision 2 of section 3813 of the education law, as amended by
chapter 153 of the laws of 2024, is amended to read as follows.
2. Notwithstanding anything to the contrary hereinbefore contained in
this section, no action or special proceeding founded upon tort shall be
prosecuted or maintained against any of the parties named in this
section or against any teacher or member of the supervisory or adminis-
trative staff or employee where the alleged tort was committed by such
teacher or member or employee acting in the discharge of [his] THEIR
duties within the scope of [his] THEIR employment and/or under the
direction of the board of education, trustee or trustees, or governing
body of the school unless a notice of claim shall have been made and
served in compliance with section fifty-e of the general municipal law.
Every such action shall be commenced pursuant to the provisions of
S. 3005 25 A. 3005
section fifty-i of the general municipal law; provided, however, that
this section shall not apply to: (i) any claim to recover damages for
physical, psychological, or other injury or condition suffered as a
result of conduct which would constitute a sexual offense as defined in
article one hundred thirty of the penal law committed against a child
less than eighteen years of age, SEX TRAFFICKING AS DEFINED IN SECTION
230.34 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A
OF THE PENAL LAW, incest as defined in section 255.27, 255.26 or 255.25
of the penal law committed against a child less than eighteen years of
age, or the use of a child in a sexual performance as defined in section
263.05 of the penal law committed against a child less than eighteen
years of age; or
(ii) any civil claim or cause of action revived pursuant to section
two hundred fourteen-j of the civil practice law and rules.
§ 8. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 9. This act shall take effect immediately and shall apply to acts or
omissions occurring on or after such effective date and to acts or omis-
sions occurring prior to such effective date where the applicable stat-
ute of limitations in effect on the date of such act or omission has not
yet expired.
PART G
Section 1. Paragraphs (i), (j) and (k) of subdivision 1 of section 624
of the executive law, paragraph (i) as amended by section 9 of part A-1
of chapter 56 of the laws of 2010, paragraph (j) as amended by chapter
427 of the laws of 1999, paragraph (k) as amended by chapter 117 of the
laws of 2017, are amended and a new paragraph (l) is added to read as
follows:
(i) a surviving spouse of a crime victim who died from causes not
directly related to the crime when such victim died prior to filing a
claim with the office or subsequent to filing a claim but prior to the
rendering of a decision by the office. Such award shall be limited to
out-of-pocket loss incurred as a direct result of the crime; [and]
(j) a spouse, child or stepchild of a victim of a crime who has
sustained personal physical injury as a direct result of a crime[.];
(k) a surviving spouse, grandparent, parent, stepparent, guardian,
[brother, sister, stepbrother, stepsister,] SIBLING, STEPSIBLING, child,
stepchild, or grandchild of a victim of a crime who died as a direct
result of such crime and where such crime occurred in the residence
shared by such family member or members and the victim[.]; AND
(L) ANY PERSON NOT OTHERWISE ELIGIBLE UNDER THIS SUBDIVISION WHO HAS
PAID FOR OR INCURRED THE CRIME SCENE CLEANUP EXPENSES, PROVIDED THAT
SUCH PERSON SHALL ONLY BE ELIGIBLE TO RECEIVE AN AWARD UNDER THIS ARTI-
CLE FOR CRIME SCENE CLEANUP.
§ 2. Subdivisions 2, 5, 9 and 18 of section 631 of the executive law,
subdivision 2 as amended by chapter 233 of the laws of 2020, subdivision
5 as amended by section 22 of part A-1 of chapter 56 of the laws of
2010, paragraph (e) of subdivision 5 as amended by chapter 70 of the
S. 3005 26 A. 3005
laws of 2020, paragraph (f) of subdivision 5 as added by section 5 of
part H of chapter 55 of the laws of 2017, paragraph (g) of subdivision 5
as added by chapter 494 of the laws of 2018, subdivision 9 as amended by
section 1 of part I of chapter 55 of the laws of 2022, and subdivision
18 as added by chapter 119 of the laws of 2013, are amended to read as
follows:
2. Any award made pursuant to this article shall be in an amount not
exceeding out-of-pocket expenses, including indebtedness reasonably
incurred for medical or other services necessary as a result of the
injury upon which the claim is based; loss of earnings or support
resulting from such injury not to exceed thirty thousand dollars; loss
of savings not to exceed thirty thousand dollars; burial expenses not
exceeding [six] TWELVE thousand dollars of a victim who died on or after
November first, nineteen ninety-six as a direct result of a crime; the
costs of crime scene cleanup and securing of a crime scene not exceeding
twenty-five hundred dollars; reasonable relocation expenses not exceed-
ing twenty-five hundred dollars; reasonable employment-related transpor-
tation expenses, not exceeding twenty-five hundred dollars and the unre-
imbursed cost of repair or replacement of articles of essential personal
property lost, damaged or destroyed as a direct result of the crime. An
award for loss of earnings shall include earnings lost by a parent or
guardian as a result of the hospitalization of a child victim under age
eighteen for injuries sustained as a direct result of a crime. In addi-
tion to the medical or other services necessary as a result of the inju-
ry upon which the claim is based, an award may be made for rehabilita-
tive occupational training for the purpose of job retraining or similar
employment-oriented rehabilitative services based upon the claimant's
medical and employment history. For the purpose of this subdivision,
rehabilitative occupational training shall include but not be limited to
educational training and expenses. An award for rehabilitative occupa-
tional training may be made to a victim, or to a family member of a
victim where necessary as a direct result of a crime. An award for
employment-related transportation expenses shall be limited to the time
period necessary due to the personal physical injuries sustained as a
direct result of the crime upon which the claim is based, as determined
by the medical information collected during the investigation of the
claim.
5. (a) [In] EXCEPT AS PROVIDED IN PARAGRAPH (G) OF THIS SUBDIVISION,
IN determining the amount of an award, the office shall determine wheth-
er, because of [his] SUCH VICTIM'S conduct, the victim of such crime
contributed to the infliction of [his] SUCH VICTIM'S injury, and the
office shall reduce the amount of the award or reject the claim alto-
gether, in accordance with such determination.
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the office shall disregard for this purpose the responsibility of
the victim for [his] SUCH VICTIM'S own injury where the record shows
that the person injured was acting as a good samaritan, as defined in
this article.
(c) Notwithstanding any inconsistent provision of this article, where
the person injured acted as a good samaritan, the office may, without
regard to the financial difficulty of the claimant, make an award for
out-of-pocket losses. Such award may also include compensation for any
loss of property up to five thousand dollars suffered by the victim
during the course of [his] SUCH VICTIM'S actions as a good samaritan.
(d) Notwithstanding any inconsistent provision of this article, where
a person acted as a good samaritan, and was killed as a direct result of
S. 3005 27 A. 3005
the crime, the office may, without regard to the financial difficulty of
the claimant, make a lump sum award to such claimant for actual loss of
support not to exceed thirty thousand dollars.
(e) Notwithstanding any inconsistent provision of this article, where
a police officer or firefighter, both paid and volunteer, dies from
injuries received in the line of duty as a direct result of a crime, the
office may, without regard to the financial difficulty of the claimant,
make an award for the unreimbursed counseling expenses of the eligible
spouse, domestic partner, parents, [brothers, sisters] SIBLINGS or chil-
dren of such victim, and/or the reasonable burial expenses incurred by
the claimant.
(f) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the office shall disregard for this purpose the responsibility of
the victim for [his or her] SUCH VICTIM'S own loss of savings.
(g) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, WHEN DETERMINING A CLAIM MADE BY A PERSON ELIGIBLE UNDER PARAGRAPH
(B), (C) OR (D) OF SUBDIVISION ONE OF SECTION SIX HUNDRED TWENTY-FOUR OF
THIS ARTICLE, if the crime upon which the claim is based resulted in the
death of the victim, the office shall [determine] NOT CONSIDER whether,
because of [his or her] THEIR conduct, the victim of such crime contrib-
uted to [the infliction of his or her injury, and the office may reduce
the amount of the award by no more than fifty percent, in accordance
with such determination] THEIR DEATH.
9. (A) Any award made for the cost of repair or replacement of essen-
tial personal property, including cash losses of essential personal
property, shall be limited to an amount of twenty-five hundred dollars,
except that all cash losses of essential personal property shall be
limited to the amount of one hundred dollars. In the case of medically
necessary life-sustaining equipment which was lost or damaged as the
direct result of a crime, the award shall be limited to the amount of
ten thousand dollars.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IN THE CASE OF CASH LOSSES WHICH WERE THE RESULT OF AN ACT OR
SERIES OF ACTS OF LARCENY AS DEFINED IN ARTICLE ONE HUNDRED FIFTY-FIVE
OF THE PENAL LAW, PERPETRATED BY THE SAME ACTOR INDICATED BY A REPORT OR
REPORTS OBTAINED FROM A CRIMINAL JUSTICE AGENCY AS DEFINED IN SUBDIVI-
SION ONE OF THIS SECTION, AND A RECEIPT, RECEIPTS OR SIMILAR DOCUMENTA-
TION IS PROVIDED SHOWING SUCH CASH LOSS OR LOSSES, A SINGLE CLAIM MAY BE
FILED AND AN AWARD MAY BE MADE FOR CASH LOSSES OF ESSENTIAL PERSONAL
PROPERTY FOR EACH ACT UP TO A CUMULATIVE AMOUNT OF NO MORE THAN TWENTY-
FIVE HUNDRED DOLLARS.
18. Notwithstanding any inconsistent provision of this article and
subject to any applicable maximum award limitations contained in this
section, where a victim has died as a direct result of the crime upon
which the claim is based and the crime occurred in the residence of a
person eligible pursuant to [paragraph] PARAGRAPHS (k) AND (L) of subdi-
vision one of section six hundred twenty-four of this article, the
office may make no more than one award for crime scene clean-up related
to such residence.
§ 3. Subdivision 10 of section 621 of the executive law, as added by
chapter 688 of the laws of 1985, is amended to read as follows:
10. "Disabled victim" shall mean a person who has [(a)] A physical,
mental or medical impairment [from anatomical, physiological or neuro-
logical conditions], AS EVIDENCED BY MEDICAL RECORDS, which prevents the
exercise of a normal bodily function [or is demonstrable by medically
accepted clinical or laboratory diagnostic techniques or (b) a record of
S. 3005 28 A. 3005
such an impairment or (c) a condition regarded by others as such an
impairment] AT THE TIME OF THE CRIME.
§ 4. Subdivision 2 of section 630 of the executive law, as amended by
chapter 494 of the laws of 2018, is amended to read as follows:
2. Notwithstanding the provisions of subdivision one of this section,
if the crime upon which the claim is based resulted in the death of the
victim, and it appears to the office that such claim is one with respect
to which an award probably will be made, and undue hardship will result
to the claimant if immediate payment is not made, the office may make
one or more emergency awards to the claimant for reasonable burial
expenses pending a final decision of the office or payment of an award
in the case; provided, however, that the total amount of an emergency
award or awards for reasonable burial expenses shall not exceed [three]
SIX thousand dollars. The amount of such emergency award or awards shall
be deducted from any final award made to the claimant, and the excess of
the amount of any such award or awards over the amount of the final
award, of the full amount of an emergency award or awards if no final
award is made, shall be repaid by the claimant to the office.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to all claims filed on or
after such effective date.
PART H
Section 1. Subdivision 13 of section 631 of the executive law, as
amended by section 3 of subpart S of part XX of chapter 55 of the laws
of 2020, is amended to read as follows:
13. (a) Notwithstanding any other provision of law, rule, or regu-
lation to the contrary, when any New York state accredited hospital,
accredited sexual assault examiner program, or licensed health care
provider furnishes services to any sexual assault survivor, including
but not limited to a health care forensic examination in accordance with
the sex offense evidence collection protocol and standards established
by the department of health, such hospital, sexual assault examiner
program, or licensed healthcare provider shall provide such services to
the person without charge and shall bill the office directly. The
office, in consultation with the department of health, shall define the
specific services to be covered by the sexual assault forensic exam
reimbursement fee, which must include at a minimum forensic examiner
services, hospital or healthcare facility services related to the exam,
and any necessary related laboratory tests or pharmaceuticals BASED UPON
THE DEPARTMENT OF HEALTH'S MEDICAID REIMBURSEMENT RATES; including but
not limited to HIV post-exposure prophylaxis provided by a hospital
emergency room at the time of the forensic rape examination pursuant to
paragraph (c) of subdivision one of section twenty-eight hundred five-i
of the public health law. [For a person eighteen years of age or older,
follow-up HIV post-exposure prophylaxis costs shall continue to be reim-
bursed according to established office procedure.] The office, in
consultation with the department of health, shall also generate the
necessary [regulations and] forms for the direct reimbursement procedure
AND REGULATIONS SETTING THE USUAL AND CUSTOMARY RATES FOR THE ITEMIZED
CHARGES RELATED TO AN EXAM OF A SEXUAL ASSAULT SURVIVOR.
(b) The rate for reimbursement shall be the amount of itemized charg-
es, to be reimbursed at the [Medicaid rate and] USUAL AND CUSTOMARY
RATES AS ESTABLISHED PURSUANT TO THIS SUBDIVISION AND which shall
cumulatively not exceed (1) eight hundred dollars for an exam of a sexu-
S. 3005 29 A. 3005
al assault survivor where no sexual offense evidence collection kit is
used; (2) one thousand two hundred dollars for an exam of a sexual
assault survivor where a sexual offense evidence collection kit is used;
AND (3) [one thousand five hundred dollars for an exam of a sexual
assault survivor who is eighteen years of age or older, with or without
the use of a sexual offense evidence collection kit, and with the
provision of a necessary HIV post-exposure prophylaxis seven day starter
pack; and (4)] two thousand five hundred dollars for an exam of a sexual
assault survivor [who is less than eighteen years of age], with or with-
out the use of a sexual offense evidence collection kit, and with the
provision of the full regimen of necessary HIV post-exposure prophylax-
is. The hospital, sexual assault examiner program, or licensed health
care provider must accept this fee as payment in full for these speci-
fied services. No additional billing of the survivor for said services
is permissible. A sexual assault survivor may voluntarily assign any
private insurance benefits to which [she or he is] THEY ARE entitled for
the healthcare forensic examination, in which case the hospital or
healthcare provider may not charge the office; provided, however, in the
event the sexual assault survivor assigns any private health insurance
benefit, such coverage shall not be subject to annual deductibles or
coinsurance or balance billing by the hospital, sexual assault examiner
program or licensed health care provider. A hospital, sexual assault
examiner program or licensed health care provider shall, at the time of
the initial visit, request assignment of any private health insurance
benefits to which the sexual assault survivor is entitled on a form
prescribed by the office; provided, however, such sexual assault survi-
vor shall be advised orally and in writing that [he or she] THEY may
decline to provide such information regarding private health insurance
benefits if [he or she believes] THEY BELIEVE that the provision of such
information would substantially interfere with [his or her] THEIR
personal privacy or safety and in such event, the sexual assault foren-
sic exam fee shall be paid by the office. Such sexual assault survivor
shall also be advised that providing such information may provide addi-
tional resources to pay for services to other sexual assault victims.
Such sexual assault survivor shall also be advised that the direct
reimbursement program established by this subdivision does not automat-
ically make them eligible for any other compensation benefits available
from the office including, but not limited to, reimbursement for mental
health counseling expenses, relocation expenses, and loss of earnings,
and that such compensation benefits may only be made available to them
should the sexual assault survivor or other person eligible to file
pursuant to section six hundred twenty-four of this article, file a
compensation application with the office. If [he or she] SUCH SEXUAL
ASSAULT SURVIVOR declines to provide such health insurance information,
[he or she] THEY shall indicate such decision on the form provided by
the hospital, sexual assault examiner program or licensed health care
provider, which form shall be prescribed by the office.
§ 2. Paragraph (c) of subdivision 1 of section 2805-i of the public
health law, as amended by section 1 of subpart S of part XX of chapter
55 of the laws of 2020, is amended to read as follows:
(c) offering and making available appropriate HIV post-exposure treat-
ment therapies; including [a seven day starter pack of HIV post-exposure
prophylaxis for a person eighteen years of age or older, or] the full
regimen of HIV post-exposure prophylaxis [for a person less than eigh-
teen years of age,] in cases where it has been determined, in accordance
with guidelines issued by the commissioner, that a significant exposure
S. 3005 30 A. 3005
to HIV has occurred, and informing the victim that payment assistance
for such therapies and other crime related expenses may be available
from the office of victim services pursuant to the provisions of article
twenty-two of the executive law. With the consent of the victim of a
sexual assault, the hospital emergency room department shall provide or
arrange for an appointment for medical follow-up related to HIV post-ex-
posure prophylaxis and other care as appropriate; and
§ 3. This act shall take effect on the two hundred seventieth day
after it shall have become a law and apply to all exams performed on or
after such effective date. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART I
Section 1. Subdivision 4 of section 349-a of the social services law
is REPEALED.
§ 2. Subdivision 5 of section 349-a of the social services law, as
added by section 36 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
[5. Upon a determination that the individual's allegation is credible]
4. FOLLOWING REFERRAL TO A DOMESTIC VIOLENCE LIAISON, (a) the individual
shall be informed BY THE DOMESTIC VIOLENCE LIAISON of services, which
shall be available on a voluntary basis; and (b) the domestic violence
liaison shall conduct an assessment to determine if and to what extent
domestic violence is a barrier to THE INDIVIDUAL'S compliance with
public assistance requirements or to employment AND SUCH ASSESSMENT
SHALL BE BASED UPON AN ATTESTATION OR THE RELEVANT INFORMATION AND
CORROBORATING EVIDENCE PROVIDED BY THE INDIVIDUAL ALLEGING SUCH ABUSE;
and (c) THE DOMESTIC VIOLENCE LIAISON shall [assess the need for] GRANT
ANY APPROPRIATE waivers of such program requirements BASED ON SUCH
ASSESSMENT. Such waivers shall, to the extent permitted by federal law,
include, but not be limited to, residency requirements, child support
cooperation requirements and employment and training requirements;
provided, however, that exemptions from the sixty month limit on receipt
of benefits under the federal temporary assistance to needy families
block grant program shall be available only when the individual would
not be required to participate in work or training activities because of
an independently verified physical or mental impairment resulting from
domestic violence, anticipated to last for three months or longer, or if
the individual is unable to work because of the need to care for a
dependent child who is disabled as a result of domestic violence.
Provided, however, that pursuant to section one hundred forty-two of the
welfare reform act of 1997 victims of domestic violence may be exempted
from the application of subdivision two of section three hundred forty-
nine of this article on the basis of hardship.
§ 3. Subdivisions 6 and 7 of section 349-a of the social services law
are renumbered subdivisions 5 and 6 and a new subdivision 7 is added to
read as follows:
7. WHEN USED IN THIS SECTION, THE TERM STATEWIDE DOMESTIC VIOLENCE
ADVOCACY GROUPS SHALL MEAN AN ORGANIZATION DESIGNATED BY THE FEDERAL
DEPARTMENT OF HEALTH AND HUMAN SERVICES TO COORDINATE STATEWIDE IMPROVE-
MENTS WITHIN LOCAL COMMUNITIES, SOCIAL SERVICES SYSTEMS, AND PROGRAMMING
REGARDING THE PREVENTION AND INTERVENTION OF DOMESTIC VIOLENCE IN NEW
YORK STATE.
S. 3005 31 A. 3005
§ 4. This act shall take effect on the two hundred seventieth day
after it shall have become a law.
PART J
Section 1. The state finance law is amended by adding a new section
139-m to read as follows:
§ 139-M. STATEMENT ON GENDER-BASED VIOLENCE AND THE WORKPLACE, IN
BIDS. 1. (A) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPART-
MENT OR AGENCY THEREOF, WHERE COMPETITIVE BIDDING IS REQUIRED BY STAT-
UTE, RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE
PERFORMED OR GOODS SOLD OR TO BE SOLD, SHALL CONTAIN THE FOLLOWING
STATEMENT SUBSCRIBED BY THE BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE
UNDER THE PENALTY OF PERJURY:
"BY SUBMISSION OF THIS BID, EACH BIDDER AND EACH PERSON SIGNING ON
BEHALF OF ANY BIDDER CERTIFIES, AND IN THE CASE OF A JOINT BID EACH
PARTY THERETO CERTIFIES AS TO ITS OWN ORGANIZATION, UNDER PENALTY OF
PERJURY, THAT THE BIDDER HAS AND HAS IMPLEMENTED A WRITTEN POLICY
ADDRESSING GENDER-BASED VIOLENCE AND THE WORKPLACE AND HAS PROVIDED SUCH
POLICY TO ALL OF ITS EMPLOYEES, DIRECTORS AND BOARD MEMBERS. SUCH POLICY
SHALL, AT A MINIMUM, MEET THE REQUIREMENTS OF SUBDIVISION 11 OF SECTION
FIVE HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW."
(B) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT OR
AGENCY THEREOF, WHERE COMPETITIVE BIDDING IS NOT REQUIRED BY STATUTE,
RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR
GOODS SOLD OR TO BE SOLD, MAY CONTAIN, AT THE DISCRETION OF THE DEPART-
MENT, AGENCY OR OFFICIAL, THE CERTIFICATION REQUIRED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION.
2. NOTWITHSTANDING THE FOREGOING, THE STATEMENT REQUIRED BY PARAGRAPH
(A) OF SUBDIVISION ONE OF THIS SECTION MAY BE SUBMITTED ELECTRONICALLY
IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION ONE
HUNDRED SIXTY-THREE OF THIS CHAPTER.
3. A BID SHALL NOT BE CONSIDERED FOR AWARD, NOR SHALL ANY AWARD BE
MADE TO A BIDDER WHO HAS NOT COMPLIED WITH SUBDIVISION ONE OF THIS
SECTION; PROVIDED, HOWEVER, THAT IF THE BIDDER CANNOT MAKE THE FOREGOING
CERTIFICATION, SUCH BIDDER SHALL SO STATE AND SHALL FURNISH WITH THE BID
A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
CY OR OFFICIAL THEREOF, BY A CORPORATE BIDDER FOR WORK OR SERVICES
PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE SUCH BID
CONTAINS THE STATEMENT REQUIRED BY SUBDIVISION ONE OF THIS SECTION,
SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BOARD OF DIRECTORS OF
SUCH BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED TO INCLUDE THE SIGN-
ING AND SUBMISSION OF SUCH BID AND THE INCLUSION THEREIN OF SUCH STATE-
MENT AS THE ACT AND DEED OF THE CORPORATION.
§ 2. Subdivisions 7 and 7-a of section 163 of the state finance law,
subdivision 7 as amended and subdivision 7-a as added by section 3 of
part R of chapter 55 of the laws of 2023, are amended to read as
follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may accept bids electronically including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
S. 3005 32 A. 3005
of this chapter, and the statement of certification required by section
one hundred thirty-nine-l AND SECTION ONE HUNDRED THIRTY-NINE-M of this
chapter. Except where otherwise provided by law, procurements shall be
competitive, and state agencies shall conduct formal competitive
procurements to the maximum extent practicable. State agencies shall
document the determination of the method of procurement and the basis of
award in the procurement record. Where the basis for award is the best
value offer, the state agency shall document, in the procurement record
and in advance of the initial receipt of offers, the determination of
the evaluation criteria, which whenever possible, shall be quantifiable,
and the process to be used in the determination of best value and the
manner in which the evaluation process and selection shall be conducted.
7-a. Notwithstanding the electronic bid provisions set forth in subdi-
vision seven of this section, starting April first, two thousand twen-
ty-three, and ending March thirty-first, two thousand twenty-seven,
state agencies may require electronic submission as the sole method for
the submission of bids for commodity, service and technology contracts,
including submission of the statement of non-collusion required by
section one hundred thirty-nine-d of this chapter, and the statement of
certification required by section one hundred thirty-nine-l AND SECTION
ONE HUNDRED THIRTY-NINE-M of this chapter, and may require electronic
signatures on all documents required for submission of a bid, any
resulting contracts, and required submissions during the term of any
contract. Prior to requiring the electronic submission of bids, the
agency shall make a determination, which shall be documented in the
procurement record, that electronic submission affords a fair and equal
opportunity for offerers to submit responsive offers, and that the elec-
tronic signature complies with the provisions of article three of the
state technology law.
§ 3. The executive law is amended by adding a new section 170-i to
read as follows:
§ 170-I. GENDER-BASED VIOLENCE AND THE WORKPLACE. 1. EACH STATE AGEN-
CY SHALL FORMULATE AND ISSUE A GENDER-BASED VIOLENCE AND THE WORKPLACE
POLICY FOR SUCH AGENCY. IN FORMULATING SUCH POLICY, THE STATE AGENCY
SHALL REFER TO THE MODEL GENDER-BASED VIOLENCE AND THE WORKPLACE POLICY
DISTRIBUTED BY THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE PURSU-
ANT TO SUBDIVISION ELEVEN OF SECTION FIVE HUNDRED SEVENTY-FIVE OF THIS
CHAPTER, AND ADOPT ITS PROVISIONS AS APPROPRIATE.
2. EACH STATE AGENCY SHALL DESIGNATE AT LEAST ONE DOMESTIC VIOLENCE
AGENCY LIAISON WHO SHALL ENSURE AGENCY COMPLIANCE WITH THE DOMESTIC
VIOLENCE PROVISIONS OF THE GENDER-BASED VIOLENCE AND THE WORKPLACE POLI-
CY, BE TRAINED TO ASSIST VICTIMIZED EMPLOYEES, AND SERVE AS THE PRIMARY
CONTACT FOR THE POLICY DISTRIBUTED BY THE AGENCY.
3. EACH STATE AGENCY, IN FORMULATING OR REVISING ITS GENDER-BASED
VIOLENCE AND THE WORKPLACE POLICY, SHALL GIVE DUE REGARD TO THE IMPOR-
TANCE OF INCREASING AWARENESS OF GENDER-BASED VIOLENCE AND INFORMING
EMPLOYEES OF AVAILABLE RESOURCES FOR ASSISTANCE; CLEARLY SPECIFYING HOW
TO REACH THE DOMESTIC VIOLENCE AGENCY LIAISON; ENSURING THAT PERSONNEL
POLICIES AND PROCEDURES ARE FAIR TO DOMESTIC AND GENDER-BASED VIOLENCE
VICTIMS AND SURVIVORS, AND RESPONSIVE TO THEIR NEEDS; DEVELOPING WORK-
PLACE SAFETY RESPONSE PLANS; COMPLYING WITH STATE AND FEDERAL LAW
INCLUDING RESTRICTIONS OF POSSESSION OF FIREARMS BY A PERSON CONVICTED
OF A DOMESTIC VIOLENCE RELATED CRIME OR SUBJECT TO AN ORDER OF
PROTECTION; ENCOURAGING AND PROMOTING GENDER-BASED VIOLENCE EDUCATION
AND TRAINING FOR EMPLOYEES; AND HOLDING ACCOUNTABLE EMPLOYEES WHO MISUSE
STATE RESOURCES OR AUTHORITY OR VIOLATE THEIR JOB DUTIES IN COMMITTING
S. 3005 33 A. 3005
AN ACT OF GENDER-BASED VIOLENCE. EACH STATE AGENCY, WHEN IT ISSUES ITS
GENDER-BASED VIOLENCE AND THE WORKPLACE POLICY, SHALL PROVIDE A COPY OF
THAT POLICY AND THE INFORMATION FOR ITS DESIGNATED DOMESTIC VIOLENCE
AGENCY LIAISON TO THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE,
AND SHALL NOTIFY THE OFFICE OF ANY SUBSEQUENT MODIFICATIONS OF THE POLI-
CY OR THE CONTACT INFORMATION FOR THE DOMESTIC VIOLENCE AGENCY LIAISON.
4. (A) EVERY COVERED EMPLOYEE SHALL PARTICIPATE IN A GENDER-BASED
VIOLENCE AND THE WORKPLACE TRAINING DEVELOPED BY THE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE AND MADE AVAILABLE ON THE STATEWIDE
LEARNING MANAGEMENT SYSTEM ANNUALLY.
(B) AS USED IN THIS SUBDIVISION, "COVERED EMPLOYEE" SHALL MEAN ALL
OFFICERS AND EMPLOYEES WORKING IN THE EXECUTIVE CHAMBER IN THE OFFICE OF
THE GOVERNOR AND NEW YORK STATE AGENCIES WHO SUPERVISE OTHER OFFICERS
AND EMPLOYEES, WHO SERVE AS THE DOMESTIC VIOLENCE AGENCY LIAISON, OR WHO
ARE EMPLOYED IN A HUMAN RESOURCES POSITION. "OFFICERS AND EMPLOYEES"
SHALL HAVE THE MEANING GIVEN TO "STATE OFFICER OR EMPLOYEE" IN SECTION
SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
5. EACH STATE AGENCY SHALL COOPERATE WITH THE OFFICE FOR THE
PREVENTION OF DOMESTIC VIOLENCE AND FURNISH SUCH INFORMATION, REPORTING,
AND ASSISTANCE AS THE OFFICE DETERMINES IS REASONABLY NECESSARY TO
ACCOMPLISH THE PURPOSES OF THIS SECTION.
§ 4. Section 575 of the executive law is amended by adding a new
subdivision 11 to read as follows:
11. GENDER-BASED VIOLENCE AND THE WORKPLACE POLICIES. THE OFFICE SHALL
CONSULT WITH THE DIVISION OF HUMAN RIGHTS, DEPARTMENT OF LABOR, AN
ORGANIZATION DESIGNATED BY THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
SERVICES TO COORDINATE STATEWIDE IMPROVEMENTS WITHIN LOCAL COMMUNITIES,
SOCIAL SERVICES SYSTEMS, AND PROGRAMMING REGARDING THE PREVENTION AND
INTERVENTION OF DOMESTIC VIOLENCE IN NEW YORK STATE, AND AN ORGANIZATION
DESIGNATED BY THE FEDERAL DEPARTMENT OF JUSTICE TO PROVIDE DIRECT
SUPPORT TO MEMBER RAPE AND CRISIS CENTERS IN NEW YORK STATE THROUGH
FUNDING, TRAINING AND TECHNICAL ASSISTANCE, PUBLIC AWARENESS, AND PUBLIC
POLICY ADVOCACY TO CREATE AND PUBLISH A MODEL GENDER-BASED VIOLENCE AND
THE WORKPLACE POLICY THAT EMPLOYERS MAY UTILIZE IN THEIR ADOPTION OF A
GENDER-BASED VIOLENCE AND THE WORKPLACE POLICY REQUIRED BY SECTION ONE
HUNDRED THIRTY-NINE-M OF THE STATE FINANCE LAW. THE OFFICE SHALL ALSO
PUBLISH A MODEL GENDER-BASED VIOLENCE AND THE WORKPLACE POLICY FOR EXEC-
UTIVE AGENCIES THAT SUCH AGENCIES MAY UTILIZE IN THEIR ADOPTION OF A
GENDER-BASED VIOLENCE AND THE WORKPLACE POLICY REQUIRED BY SECTION ONE
HUNDRED SEVENTY-I OF THIS CHAPTER. SUCH MODEL GENDER-BASED VIOLENCE AND
THE WORKPLACE POLICY SHALL BE PUBLICLY AVAILABLE AND POSTED ON THE
WEBSITES OF THE OFFICE, THE DEPARTMENT OF LABOR AND THE DIVISION OF
HUMAN RIGHTS.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the amendments to
section 163 of the state finance law made by section two of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.
PART K
Section 1. The general municipal law is amended by adding a new arti-
cle 19-C to read as follows:
ARTICLE 19-C
CYBERSECURITY INCIDENT REPORTING REQUIREMENTS FOR MUNICIPAL CORPORATIONS
SECTION 995-A. DEFINITIONS.
S. 3005 34 A. 3005
995-B. REPORTING OF CYBERSECURITY INCIDENTS.
995-C. NOTICE AND EXPLANATION OF RANSOM PAYMENT.
§ 995-A. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "CYBERSE-
CURITY INCIDENT" MEANS AN EVENT OCCURRING ON OR CONDUCTED THROUGH A
COMPUTER NETWORK THAT ACTUALLY OR IMMINENTLY JEOPARDIZES THE INTEGRITY,
CONFIDENTIALITY, OR AVAILABILITY OF COMPUTERS, INFORMATION OR COMMUNI-
CATIONS SYSTEMS OR NETWORKS, PHYSICAL OR VIRTUAL INFRASTRUCTURE
CONTROLLED BY COMPUTERS OR INFORMATION SYSTEMS, OR INFORMATION RESIDENT
THEREON.
2. "CYBER THREAT" MEANS ANY CIRCUMSTANCE OR EVENT WITH THE POTENTIAL
TO ADVERSELY IMPACT ORGANIZATIONAL OPERATIONS, ORGANIZATIONAL ASSETS, OR
INDIVIDUALS THROUGH AN INFORMATION SYSTEM VIA UNAUTHORIZED ACCESS,
DESTRUCTION, DISCLOSURE, MODIFICATION OF INFORMATION, AND/OR DENIAL OF
SERVICE.
3. "CYBER THREAT INDICATOR" MEANS INFORMATION THAT IS NECESSARY TO
DESCRIBE OR IDENTIFY:
(A) MALICIOUS RECONNAISSANCE, INCLUDING ANOMALOUS PATTERNS OF COMMUNI-
CATIONS THAT APPEAR TO BE TRANSMITTED FOR THE PURPOSE OF GATHERING TECH-
NICAL INFORMATION RELATED TO A CYBERSECURITY THREAT OR SECURITY VULNER-
ABILITY;
(B) A METHOD OF DEFEATING A SECURITY CONTROL OR EXPLOITATION OF A
SECURITY VULNERABILITY;
(C) A SECURITY VULNERABILITY, INCLUDING ANOMALOUS ACTIVITY THAT
APPEARS TO INDICATE THE EXISTENCE OF A SECURITY VULNERABILITY;
(D) A METHOD OF CAUSING A USER WITH LEGITIMATE ACCESS TO AN INFORMA-
TION SYSTEM OR INFORMATION THAT IS STORED ON, PROCESSED BY, OR TRANSIT-
ING AN INFORMATION SYSTEM TO UNWITTINGLY ENABLE THE DEFEAT OF A SECURITY
CONTROL OR EXPLOITATION OF A SECURITY VULNERABILITY;
(E) MALICIOUS CYBER COMMAND AND CONTROL;
(F) THE ACTUAL OR POTENTIAL HARM CAUSED BY AN INCIDENT, INCLUDING A
DESCRIPTION OF THE INFORMATION EXFILTRATED AS A RESULT OF A PARTICULAR
CYBERSECURITY THREAT;
(G) ANY OTHER ATTRIBUTE OF A CYBERSECURITY THREAT, IF DISCLOSURE OF
SUCH ATTRIBUTE IS NOT OTHERWISE PROHIBITED BY LAW; OR
(H) ANY COMBINATION THEREOF.
4. "DEFENSIVE MEASURE" MEANS AN ACTION, DEVICE, PROCEDURE, SIGNATURE,
TECHNIQUE, OR OTHER MEASURE APPLIED TO AN INFORMATION SYSTEM OR INFORMA-
TION THAT IS STORED ON, PROCESSED BY, OR TRANSITING AN INFORMATION
SYSTEM THAT DETECTS, PREVENTS, OR MITIGATES A KNOWN OR SUSPECTED
CYBERSECURITY THREAT OR SECURITY VULNERABILITY. THE TERM "DEFENSIVE
MEASURE" DOES NOT INCLUDE A MEASURE THAT DESTROYS, RENDERS UNUSABLE,
PROVIDES UNAUTHORIZED ACCESS TO, OR SUBSTANTIALLY HARMS AN INFORMATION
SYSTEM OR INFORMATION STORED ON, PROCESSED BY, OR TRANSITING SUCH INFOR-
MATION SYSTEM NOT OWNED BY THE MUNICIPAL CORPORATION OPERATING THE MEAS-
URE, OR FEDERAL ENTITY THAT IS AUTHORIZED TO PROVIDE CONSENT AND HAS
PROVIDED CONSENT TO THAT MUNICIPAL CORPORATION FOR OPERATION OF SUCH
MEASURE.
5. "INFORMATION SYSTEM" MEANS A DISCRETE SET OF INFORMATION RESOURCES
ORGANIZED FOR THE COLLECTION, PROCESSING, MAINTENANCE, USE, SHARING,
DISSEMINATION, OR DISPOSITION OF INFORMATION.
6. "MUNICIPAL CORPORATION" MEANS:
(A) A MUNICIPAL CORPORATION AS DEFINED IN SECTION ONE HUNDRED NINE-
TEEN-N OF THIS CHAPTER; OR
(B) A DISTRICT AS DEFINED IN SECTION ONE HUNDRED NINETEEN-N OF THIS
CHAPTER.
S. 3005 35 A. 3005
7. "RANSOM PAYMENT" MEANS THE TRANSMISSION OF ANY MONEY OR OTHER PROP-
ERTY OR ASSET, INCLUDING VIRTUAL CURRENCY, OR ANY PORTION THEREOF, WHICH
HAS AT ANY TIME BEEN DELIVERED AS RANSOM IN CONNECTION WITH A RANSOMWARE
ATTACK.
8. "RANSOMWARE ATTACK":
(A) MEANS AN INCIDENT THAT INCLUDES THE USE OR THREAT OF USE OF UNAU-
THORIZED OR MALICIOUS CODE ON AN INFORMATION SYSTEM, OR THE USE OR
THREAT OF USE OF ANOTHER DIGITAL MECHANISM SUCH AS A DENIAL OF SERVICE
ATTACK, TO INTERRUPT OR DISRUPT THE OPERATIONS OF AN INFORMATION SYSTEM
OR COMPROMISE THE CONFIDENTIALITY, AVAILABILITY, OR INTEGRITY OF ELEC-
TRONIC DATA STORED ON, PROCESSED BY, OR TRANSITING AN INFORMATION SYSTEM
TO EXTORT A DEMAND FOR A RANSOM PAYMENT; AND
(B) DOES NOT INCLUDE ANY SUCH EVENT IN WHICH THE DEMAND FOR PAYMENT
IS:
(I) NOT GENUINE; OR
(II) MADE IN GOOD FAITH BY AN ENTITY IN RESPONSE TO A SPECIFIC REQUEST
BY THE OWNER OR OPERATOR OF THE INFORMATION SYSTEM.
§ 995-B. REPORTING OF CYBERSECURITY INCIDENTS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, ALL MUNICIPAL CORPORATIONS SHALL REPORT CYBERSE-
CURITY INCIDENTS AND WHEN APPLICABLE, THE DEMAND OF A RANSOM PAYMENT, TO
THE COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES IN THE FORM AND METHOD PRESCRIBED BY SUCH COMMISSIONER.
2. ALL MUNICIPAL CORPORATIONS SHALL REPORT CYBERSECURITY INCIDENTS NO
LATER THAN SEVENTY-TWO HOURS AFTER THE MUNICIPALITY REASONABLY BELIEVES
THE CYBERSECURITY INCIDENT HAS OCCURRED.
3. ANY CYBERSECURITY INCIDENT REPORT AND ANY RECORDS RELATED TO A
RANSOM PAYMENT SUBMITTED TO THE COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES PURSUANT TO THE REQUIREMENTS OF THIS
ARTICLE SHALL BE EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW.
§ 995-C. NOTICE AND EXPLANATION OF RANSOM PAYMENT. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, EACH MUNICIPAL CORPORATION SHALL, IN THE EVENT
OF A RANSOM PAYMENT MADE IN CONNECTION WITH A CYBERSECURITY INCIDENT
INVOLVING THE MUNICIPAL CORPORATION, PROVIDE THE COMMISSIONER OF THE
DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES THROUGH MEANS
PRESCRIBED BY SUCH COMMISSIONER WITH THE FOLLOWING:
(A) WITHIN TWENTY-FOUR HOURS OF THE RANSOM PAYMENT, NOTICE OF THE
PAYMENT; AND
(B) WITHIN THIRTY DAYS OF THE RANSOM PAYMENT, A WRITTEN DESCRIPTION OF
THE REASONS PAYMENT WAS NECESSARY, THE AMOUNT OF THE RANSOM PAYMENT, THE
MEANS BY WHICH THE RANSOM PAYMENT WAS MADE, A DESCRIPTION OF ALTERNA-
TIVES TO PAYMENT CONSIDERED, ALL DILIGENCE PERFORMED TO FIND ALTERNA-
TIVES TO PAYMENT AND ALL DILIGENCE PERFORMED TO ENSURE COMPLIANCE WITH
APPLICABLE STATE AND FEDERAL RULES AND REGULATIONS INCLUDING THOSE OF
THE FEDERAL OFFICE OF FOREIGN ASSETS CONTROL.
§ 2. The executive law is amended by adding a new section 711-c to
read as follows:
§ 711-C. CYBERSECURITY INCIDENT REVIEWS. 1. THE COMMISSIONER, OR THEIR
DESIGNEE, SHALL REVIEW EACH CYBERSECURITY INCIDENT REPORT AND NOTICE AND
EXPLANATION OF RANSOM PAYMENT SUBMITTED PURSUANT TO SECTIONS NINE
HUNDRED NINETY-FIVE-B AND NINE HUNDRED NINETY-FIVE-C OF THE GENERAL
MUNICIPAL LAW TO ASSESS POTENTIAL IMPACTS OF CYBERSECURITY INCIDENTS AND
RANSOM PAYMENTS ON THE HEALTH, SAFETY, WELFARE OR SECURITY OF THE STATE,
OR ITS RESIDENTS.
2. THE COMMISSIONER, OR THEIR DESIGNEE, MAY WORK WITH APPROPRIATE
STATE AGENCIES, FEDERAL LAW ENFORCEMENT, AND FEDERAL HOMELAND SECURITY
S. 3005 36 A. 3005
AGENCIES TO PROVIDE MUNICIPAL CORPORATIONS WITH REPORTS OF CYBERSECURITY
INCIDENTS AND TRENDS, INCLUDING BUT NOT LIMITED TO, TO THE MAXIMUM
EXTENT PRACTICABLE, RELATED CONTEXTUAL INFORMATION, CYBER THREAT INDICA-
TORS, AND DEFENSIVE MEASURES. THE COMMISSIONER MAY COORDINATE AND SHARE
SUCH REPORTED INFORMATION WITH MUNICIPAL CORPORATIONS, STATE AGENCIES,
AND FEDERAL LAW ENFORCEMENT AND HOMELAND SECURITY AGENCIES TO RESPOND TO
AND MITIGATE CYBERSECURITY THREATS.
3. SUCH REPORTS, ASSESSMENTS, RECORDS, REVIEWS, DOCUMENTS, RECOMMENDA-
TIONS, GUIDANCE AND ANY INFORMATION CONTAINED OR USED IN ITS PREPARATION
SHALL BE EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.
PART L
Section 1. Section 263.10 of the penal law, as amended by chapter 1 of
the laws of 2000, is amended to read as follows:
§ 263.10 Promoting an obscene sexual performance by a child.
A person is guilty of promoting an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
produces, directs or promotes any obscene performance which includes
sexual conduct by a child less than seventeen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION AS DEFINED IN SECTION
245.15 OF THIS PART.
Promoting an obscene sexual performance by a child is a class D felo-
ny.
§ 2. Section 263.11 of the penal law, as amended by chapter 456 of the
laws of 2012, is amended to read as follows:
§ 263.11 Possessing an obscene sexual performance by a child.
A person is guilty of possessing an obscene sexual performance by a
child when, knowing the character and content thereof, [he] SUCH PERSON
knowingly has in [his] SUCH PERSON'S possession or control, or knowingly
accesses with intent to view, any obscene performance which includes
sexual conduct by a child less than sixteen years of age, INCLUDING A
PERFORMANCE CREATED OR ALTERED BY DIGITIZATION AS DEFINED IN SECTION
245.15 OF THIS PART.
Possessing an obscene sexual performance by a child is a class E felo-
ny.
§ 3. Section 263.15 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
§ 263.15 Promoting a sexual performance by a child.
A person is guilty of promoting a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON produces,
directs or promotes any performance which includes sexual conduct by a
child less than seventeen years of age, INCLUDING A PERFORMANCE CREATED
OR ALTERED BY DIGITIZATION AS DEFINED IN SECTION 245.15 OF THIS PART.
Promoting a sexual performance by a child is a class D felony.
§ 4. Section 263.16 of the penal law, as amended by chapter 456 of the
laws of 2012, is amended to read as follows:
§ 263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when,
knowing the character and content thereof, [he] SUCH PERSON knowingly
has in [his] SUCH PERSON'S possession or control, or knowingly accesses
with intent to view, any performance which includes sexual conduct by a
S. 3005 37 A. 3005
child less than sixteen years of age, INCLUDING A PERFORMANCE CREATED OR
ALTERED BY DIGITIZATION AS DEFINED IN SECTION 245.15 OF THIS PART.
Possessing a sexual performance by a child is a class E felony.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.
PART M
Section 1. Section 230.34 of the penal law, as added by chapter 74 of
the laws of 2007, is amended to read as follows:
§ 230.34 Sex trafficking.
A person is guilty of sex trafficking if [he or she] SUCH PERSON
intentionally advances or profits from prostitution [by]:
1. BY unlawfully providing to a person who is patronized, with intent
to impair said person's judgment: (a) a narcotic drug or a narcotic
preparation; (b) concentrated cannabis as defined in [paragraph (a) of]
subdivision [four] SEVENTEEN of section [thirty-three hundred two] THREE
of the [public health] CANNABIS law; (c) methadone; or (d) gamma-hydrox-
ybutyrate (GHB) or flunitrazepan, also known as Rohypnol;
2. BY making material false statements, misstatements, or omissions to
induce or maintain the person being patronized to engage in or continue
to engage in prostitution activity;
3. BY withholding, destroying, or confiscating any actual or purported
passport, immigration document, or any other actual or purported govern-
ment identification document of another person with intent to impair
said person's freedom of movement; provided, however, that this subdivi-
sion shall not apply to an attempt to correct a social security adminis-
tration record or immigration agency record in accordance with any
local, state, or federal agency requirement, where such attempt is not
made for the purpose of any express or implied threat;
4. BY requiring that prostitution be performed to retire, repay, or
service a real or purported debt;
5. BY using force or engaging in any scheme, plan or pattern to compel
or induce the person being patronized to engage in or continue to engage
in prostitution activity by means of instilling a fear in the person
being patronized that, if the demand is not complied with, the actor or
another will do one or more of the following:
(a) cause physical injury, serious physical injury, or death to a
person; or
(b) cause damage to property, other than the property of the actor; or
(c) engage in other conduct constituting a felony or unlawful impri-
sonment in the second degree in violation of section 135.05 of this
chapter; or
(d) accuse some person of a crime or cause criminal charges or depor-
tation proceedings to be instituted against some person; provided,
however, that it shall be an affirmative defense to this subdivision
that the [defendant] ACTOR reasonably believed the threatened charge to
be true and that [his or her] THE ACTOR'S sole purpose was to compel or
induce the victim to take reasonable action to make good the wrong which
was the subject of such threatened charge; or
(e) expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
(f) testify or provide information or withhold testimony or informa-
tion with respect to another's legal claim or defense; or
S. 3005 38 A. 3005
(g) use or abuse [his or her] THE ACTOR'S position as a public servant
by performing some act within or related to [his or her] THE ACTOR'S
official duties, or by failing or refusing to perform an official duty,
in such manner as to affect some person adversely; or
(h) perform any other act which would not in itself materially benefit
the actor but which is calculated to harm the person who is patronized
materially with respect to [his or her] SUCH PERSON'S health, safety, or
immigration status; OR
6. WHERE THE PERSON BEING PATRONIZED IS MENTALLY DISABLED AS DEFINED
IN SUBDIVISION FIVE OF SECTION 130.00 OF THIS CHAPTER.
Sex trafficking is a class B felony.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART N
Section 1. Paragraph (k-2) of subdivision 2 of section 65.10 of the
penal law, as added by section 1 of part VV of chapter 56 of the laws of
2020, is amended to read as follows:
(k-2) (i) Refrain, upon sentencing for a crime involving unlawful
sexual conduct OR ASSAULT committed against EITHER a metropolitan trans-
portation authority SYSTEM passenger[,] OR customer, or employee [or a
crime involving assault against a metropolitan transportation authority
employee,] OF THE METROPOLITAN TRANSPORTATION AUTHORITY SYSTEM OR ANY
CONTRACTOR THEN PERFORMING WORK FOR ANY ENTITY OF THE SYSTEM, IF THE
OFFENSE WAS committed in or [on] ADJACENT TO any facility or conveyance
of the [metropolitan transportation authority or a subsidiary thereof or
the New York city transit authority or a subsidiary thereof] AUTHORITY'S
TRANSPORTATION SYSTEM, from using or entering any of [such] THE authori-
ty's subways, trains, buses, or other conveyances or facilities AS spec-
ified by the court for a period of up to three years, or a specified
period of such probation or conditional discharge, whichever is less.
For purposes of this section, a crime involving assault shall mean an
offense described in article one hundred twenty of this chapter which
has as an element the causing of physical injury or serious physical
injury to another as well as the attempt thereof. IF THE SENTENCE
IMPOSED BY THE COURT INCLUDES A PERIOD OF INCARCERATION FOLLOWED BY A
PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THEN THE COURT MAY IMPOSE
CONDITIONS UNDER THIS PARAGRAPH TO BE OPERATIVE ONLY DURING THE PERIOD
OF PROBATION OR CONDITIONAL DISCHARGE. ORDERS UNDER THIS PARAGRAPH MAY
EXTEND TO ANY PART OF THE METROPOLITAN TRANSPORTATION AUTHORITY SYSTEM
IN THE COURT'S DISCRETION, INCLUDING PARTS OF THE SYSTEM OUTSIDE THE
COUNTY WHERE THE SENTENCING JUDGE SITS.
(ii) The court may, in its discretion, suspend, modify or cancel a
condition imposed under this paragraph in the interest of justice at any
time. If the person depends on the authority's subways, trains, buses,
or other conveyances or facilities for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes or places of employment, obtaining food,
clothing or necessary household items, or rendering care to family
members, the court may modify such condition to allow for a trip or
trips as in its discretion are necessary.
(iii) A person at liberty and subject to a condition under this para-
graph who applies, within thirty days after the date such condition
becomes effective, for a refund of any prepaid fare amounts rendered
unusable in whole or in part by such condition including, but not limit-
S. 3005 39 A. 3005
ed to, a monthly pass, shall be issued a refund of the amounts so
prepaid.
(IV) ANY ORDER ISSUED PURSUANT TO THIS PARAGRAPH, WHETHER IMPOSING A
BAN OR MODIFYING ONE, SHALL BE SERVED ON THE METROPOLITAN TRANSPORTATION
AUTHORITY AS DIRECTED BY THE COURT.
(V) THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL NOT USE FACIAL
RECOGNITION TECHNOLOGY TO ENFORCE ANY ORDER ISSUED PURSUANT TO THIS
PARAGRAPH.
§ 2. This act shall take effect immediately.
PART O
Section 1. Subdivision 2 of section 140.00 of the penal law, as
amended by chapter 698 of the laws of 1979, is amended to read as
follows:
2. "Building," in addition to its ordinary meaning, includes any
structure, vehicle or watercraft used for overnight lodging of persons,
or used by persons for carrying on business therein, OR USED FOR THE
BUSINESS OF TRANSPORTING PERSONS, or used as an elementary or secondary
school, or an [inclosed] ENCLOSED motor truck, or an [inclosed] ENCLOSED
motor truck trailer. Where a building consists of two or more units
separately secured or occupied, each unit shall be deemed both a sepa-
rate building in itself and a part of the main building.
§ 2. This act shall take effect immediately.
PART P
Section 1. The penal law is amended by adding a new section 240.80 to
read as follows:
§ 240.80 AGGRAVATED TRANSPORTATION OFFENSE.
1. A PERSON IS GUILTY OF AGGRAVATED TRANSPORTATION OFFENSE WHEN SUCH
PERSON COMMITS A SPECIFIED OFFENSE, AS DEFINED IN SUBDIVISION TWO OF
THIS SECTION, AND SUCH PERSON HAS BEEN CONVICTED OF A SPECIFIED OFFENSE
WITHIN THE PRECEDING FIVE YEARS. FOR THE PURPOSES OF THIS SUBDIVISION,
IN CALCULATING THE FIVE YEAR PERIOD, ANY PERIOD OF TIME DURING WHICH THE
DEFENDANT WAS INCARCERATED FOR ANY REASON BETWEEN THE TIME OF THE
COMMISSION OF ANY OF SUCH PREVIOUS OFFENSES AND THE TIME OF COMMISSION
OF THE PRESENT CRIME SHALL BE EXCLUDED AND SUCH FIVE YEAR PERIOD SHALL
BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED UNDER SUCH
INCARCERATION.
2. A "SPECIFIED OFFENSE" IS AN OFFENSE DEFINED IN SECTION 120.00
(ASSAULT IN THE THIRD DEGREE); SECTION 120.05 (ASSAULT IN THE SECOND
DEGREE); SECTION 120.10 (ASSAULT IN THE FIRST DEGREE); SECTION 120.13
(MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
(RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION 120.25 (RECKLESS
ENDANGERMENT IN THE FIRST DEGREE); SECTION 120.45 (STALKING IN THE
FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE); SECTION
120.55 (STALKING IN THE SECOND DEGREE); SECTION 120.60 (STALKING IN THE
FIRST DEGREE); SECTION 121.11 (CRIMINAL OBSTRUCTION OF BREATHING OR
BLOOD CIRCULATION); SECTION 121.12 (STRANGULATION IN THE SECOND DEGREE);
SECTION 121.13 (STRANGULATION IN THE FIRST DEGREE); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SUBDIVISION ONE, TWO
OR FOUR OF SECTION 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); SECTION
125.25 (MURDER IN THE SECOND DEGREE); SECTION 130.20 (SEXUAL MISCON-
DUCT); SECTION 130.30 (RAPE IN THE SECOND DEGREE); SECTION 130.35 (RAPE
S. 3005 40 A. 3005
IN THE FIRST DEGREE); FORMER SECTION 130.40 (CRIMINAL SEXUAL ACT IN THE
THIRD DEGREE); FORMER SECTION 130.45 (CRIMINAL SEXUAL ACT IN THE SECOND
DEGREE); FORMER SECTION 130.50 (CRIMINAL SEXUAL ACT IN THE FIRST
DEGREE); SECTION 130.52 (FORCIBLE TOUCHING); SECTION 130.53 (PERSISTENT
SEXUAL ABUSE); SECTION 130.55 (SEXUAL ABUSE IN THE THIRD DEGREE);
SECTION 130.60 (SEXUAL ABUSE IN THE SECOND DEGREE); SECTION 130.65
(SEXUAL ABUSE IN THE FIRST DEGREE); SECTION 130.66 (AGGRAVATED SEXUAL
ABUSE IN THE THIRD DEGREE); SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN
THE SECOND DEGREE); SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST
DEGREE); SECTION 130.91 (SEXUALLY MOTIVATED FELONY); SECTION 130.95
(PREDATORY SEXUAL ASSAULT); SECTION 130.96 (PREDATORY SEXUAL ASSAULT
AGAINST A CHILD); SECTION 135.05 (UNLAWFUL IMPRISONMENT IN THE SECOND
DEGREE); SECTION 135.10 (UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE);
SECTION 135.60 (COERCION IN THE THIRD DEGREE); SECTION 135.61 (COERCION
IN THE SECOND DEGREE); SECTION 135.65 (COERCION IN THE FIRST DEGREE);
SECTION 140.20 (BURGLARY IN THE THIRD DEGREE); SECTION 140.25 (BURGLARY
IN THE SECOND DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST DEGREE);
SECTION 145.00 (CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05
(CRIMINAL MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL
MISCHIEF IN THE SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE
FIRST DEGREE); SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE);
SECTION 215.50 (CRIMINAL CONTEMPT IN THE SECOND DEGREE); SECTION 215.51
(CRIMINAL CONTEMPT IN THE FIRST DEGREE); SECTION 215.52 (AGGRAVATED
CRIMINAL CONTEMPT); SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE);
SUBDIVISION ONE, TWO OR FOUR OF SECTION 240.30 (AGGRAVATED HARASSMENT IN
THE SECOND DEGREE); SECTION 245.00 (PUBLIC LEWDNESS); SECTION 245.01
(EXPOSURE OF A PERSON); SECTION 245.02 (PROMOTING EXPOSURE OF A PERSON);
SECTION 245.03 (PUBLIC LEWDNESS IN THE FIRST DEGREE); SECTION 245.05
(OFFENSIVE EXHIBITION); SECTION 245.11 (PUBLIC DISPLAY OF OFFENSIVE
SEXUAL MATERIAL); SECTION 245.15 (UNLAWFUL DISSEMINATION OR PUBLICATION
OF AN INTIMATE IMAGE); SECTION 250.45 (UNLAWFUL SURVEILLANCE IN THE
SECOND DEGREE); SECTION 250.50 (UNLAWFUL SURVEILLANCE IN THE FIRST
DEGREE); AGGRAVATED TRANSPORTATION OFFENSE AS DEFINED IN THIS SECTION OR
ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES WHERE
THE OFFENSE WAS COMMITTED IN OR ADJACENT TO ANY FACILITY OR CONVEYANCE
OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF OR
THE NEW YORK CITY TRANSIT AUTHORITY OR A SUBSIDIARY THEREOF.
3. THE PERSON AGAINST WHOM THE CURRENT SPECIFIED OFFENSE IS COMMITTED
MAY BE DIFFERENT FROM THE PERSON AGAINST WHOM THE PREVIOUS SPECIFIED
OFFENSE WAS COMMITTED.
AGGRAVATED TRANSPORTATION OFFENSE IS A CLASS C FELONY.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART Q
Section 1. Section 5 of chapter 396 of the laws of 2010 amending the
alcoholic beverage control law relating to liquidator's permits and
temporary retail permits, as amended by section 1 of part K of chapter
55 of the laws of 2024, is amended to read as follows:
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law, provided that paragraph (b) of subdivision 1 of
section 97-a of the alcoholic beverage control law as added by section
two of this act shall expire and be deemed repealed October 12, [2025]
2026.
§ 2. This act shall take effect immediately.
S. 3005 41 A. 3005
PART R
Section 1. Subdivision 1 of section 2799-gg of the public authorities
law, as amended by section 1 of part TT of chapter 56 of the laws of
2024, is amended to read as follows:
1. The authority shall have the power and is hereby authorized from
time to time to issue bonds, in conformity with applicable provisions of
the uniform commercial code, in such principal amounts as it may deter-
mine to be necessary pursuant to section twenty-seven hundred ninety-
nine-ff of this title to pay the cost of any project and to fund
reserves to secure such bonds, including incidental expenses in
connection therewith.
The aggregate principal amount of such bonds, notes or other obli-
gations outstanding shall not exceed, beginning July first, two thousand
twenty-four, twenty-one billion five hundred million dollars
($21,500,000,000) and beginning July first, two thousand twenty-five,
[twenty-seven] THIRTY billion five hundred million dollars
[($27,500,000,000)] ($30,500,000,000), excluding bonds, notes or other
obligations issued pursuant to sections twenty-seven hundred ninety-
nine-ss and twenty-seven hundred ninety-nine-tt of this title; provided,
however, that upon any refunding or repayment of bonds (which term shall
not, for this purpose, include bond anticipation notes), the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than, beginning July first, two thousand twenty-
four, twenty-one billion five hundred million dollars ($21,500,000,000),
and beginning July first, two thousand twenty-five, [twenty-seven] THIR-
TY billion five hundred million dollars [($27,500,000,000)]
($30,500,000,000), only if the refunding or repayment bonds, notes or
other obligations were issued in accordance with the provisions of
subparagraph (a) of subdivision two of paragraph b of section 90.10 of
the local finance law, as amended from time to time. Notwithstanding the
foregoing, bonds, notes or other obligations issued by the authority may
be outstanding in an amount greater than the amount permitted by the
preceding sentence, provided that such additional amount at issuance,
together with the amount of indebtedness contracted by the city of New
York, shall not exceed the limit prescribed by section 104.00 of the
local finance law. The authority shall have the power from time to time
to refund any bonds of the authority by the issuance of new bonds wheth-
er the bonds to be refunded have or have not matured, and may issue
bonds partly to refund bonds of the authority then outstanding and part-
ly to pay the cost of any project pursuant to section twenty-seven
hundred ninety-nine-ff of this title. Bonds issued by the authority
shall be payable solely out of particular revenues or other moneys of
the authority as may be designated in the proceedings of the authority
under which the bonds shall be authorized to be issued, subject to any
agreements entered into between the authority and the city, and subject
to any agreements with the holders of outstanding bonds pledging any
particular revenues or moneys.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART S
Section 1. Subdivision 3 of section 489-cccccc of the real property
tax law is amended by adding a new paragraph (e) to read as follows:
S. 3005 42 A. 3005
(E) PARKING FACILITY. NO BENEFITS SHALL BE GRANTED PURSUANT TO THIS
TITLE FOR CONSTRUCTION WORK ON REAL PROPERTY WHERE ANY PORTION OF SUCH
PROPERTY IS TO BE USED AS A PARKING FACILITY. FOR THE PURPOSES OF THIS
TITLE, "PARKING FACILITY" MEANS ANY REAL PROPERTY OR PORTION THEREOF IN
A CITY ON WHICH EXISTS A FACILITY OPERATED IN A MANNER THAT REQUIRES A
LICENSE FOR THE OPERATION OF A GARAGE OR PARKING LOT ISSUED BY THE
CONSUMER AND WORKER PROTECTION AGENCY OF SUCH CITY.
§ 2. Paragraph (a) of subdivision 1 of section 489-dddddd of the real
property tax law, as amended by chapter 332 of the laws of 2024, is
amended to read as follows:
(a) Application for benefits pursuant to this title may be made imme-
diately following the effective date of a local law enacted pursuant to
this title and continuing until March first, two thousand THIRTY OR,
WITH RESPECT TO AN APPLICATION FOR BENEFITS FOR PROPERTY DEFINED AS A
PEAKING UNIT AUTHORIZED PURSUANT TO PARAGRAPH (B-1) OF SUBDIVISION THREE
OF SECTION FOUR HUNDRED EIGHTY-NINE-BBBBBB OF THIS TITLE, UNTIL MARCH
FIRST, TWO THOUSAND twenty-nine.
§ 3. Subdivision 3 of section 489-dddddd of the real property tax law,
as amended by chapter 332 of the laws of 2024, is amended to read as
follows:
3. (a) No benefits AUTHORIZED pursuant to this title shall be granted
for construction work performed pursuant to a building permit issued
after April first, two thousand THIRTY, EXCEPT THAT FOR PROPERTY DEFINED
AS A PEAKING UNIT, NO BENEFITS AUTHORIZED PURSUANT TO PARAGRAPH (B-1) OF
SUBDIVISION THREE OF SECTION FOUR HUNDRED EIGHTY-NINE-BBBBBB OF THIS
TITLE SHALL BE GRANTED FOR CONSTRUCTION WORK PERFORMED PURSUANT TO A
BUILDING PERMIT ISSUED AFTER APRIL FIRST, TWO THOUSAND twenty-nine.
(b) If no building permit was required, then no benefits AUTHORIZED
pursuant to this title shall be granted for construction work that is
commenced after April first, two thousand THIRTY, EXCEPT THAT FOR PROP-
ERTY DEFINED AS A PEAKING UNIT, NO BENEFITS AUTHORIZED PURSUANT TO PARA-
GRAPH (B-1) OF SUBDIVISION THREE OF SECTION FOUR HUNDRED EIGHTY-NINE-
BBBBBB OF THIS TITLE SHALL BE GRANTED FOR CONSTRUCTION WORK THAT IS
COMMENCED AFTER APRIL FIRST, TWO THOUSAND twenty-nine.
§ 4. Subdivision 2 of section 489-gggggg of the real property tax law
is amended by adding a new paragraph (a-1) to read as follows:
(A-1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BEGINNING
JANUARY FIRST, TWO THOUSAND TWENTY-SIX, GOVERNOR'S ISLAND SHALL BE
DESIGNATED A SPECIAL COMMERCIAL ABATEMENT AREA FOR THE PURPOSES OF THIS
TITLE, PROVIDED THAT SUCH DESIGNATION MAY BE MODIFIED IN WHOLE OR IN
PART IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS SUBDIVISION.
§ 5. Paragraph (e) of subdivision 2 of section 489-gggggg of the real
property tax law, as added by chapter 119 of the laws of 2008, is
amended to read as follows:
(e) In the city of New York, the commission may designate any area
other than the area lying south of the center line of 96th Street in the
borough of Manhattan NOT INCLUDING GOVERNOR'S ISLAND, to be a special
commercial abatement area if it determines that market conditions in the
area are such that the availability of a special abatement is required
in order to encourage commercial construction work in such area. In
making such determination, the commission shall consider, among other
factors, the existence in such area of a special need for commercial and
job development, high unemployment, economic distress or unusually large
numbers of vacant, underutilized, unsuitable or substandard structures,
or other substandard, unsanitary, deteriorated or deteriorating condi-
tions, with or without tangible blight; PROVIDED THAT, HOWEVER, IN
S. 3005 43 A. 3005
MAKING SUCH DETERMINATION WITH RESPECT TO GOVERNOR'S ISLAND, THE COMMIS-
SION SHALL CONSIDER, AMONG OTHER FACTORS, THE DENSITY OF EXISTING DEVEL-
OPMENTS AND THE NATURE AND PURPOSE OF PLANNED DEVELOPMENTS ON GOVERNOR'S
ISLAND, AND THE DEVELOPMENT OF EMERGING INDUSTRIES IN THE CITY.
§ 6. Paragraph (c) of subdivision 3 of section 489-gggggg of the real
property tax law, as added by chapter 119 of the laws of 2008, is
amended to read as follows:
(c) the area in the borough of Manhattan south of the center line of
59th street, other than: (I) the areas designated renovation areas by
paragraphs (a) and (b) of this subdivision, OR (II) AS OF JANUARY FIRST,
TWO THOUSAND TWENTY-SIX, GOVERNOR'S ISLAND.
§ 7. Subdivision 4 of section 489-gggggg of the real property tax law,
as added by chapter 119 of the laws of 2008, is amended to read as
follows:
4. Commercial exclusion area. Except as provided in paragraph (f) of
subdivision three of section four hundred eighty-nine-bbbbbb of this
title, any area in the borough of Manhattan lying south of the center
line of 96th Street, other than: (A) the areas designated renovation
areas by subdivision three of this section AND (B) AS OF JANUARY FIRST,
TWO THOUSAND TWENTY-SIX, GOVERNOR'S ISLAND, shall be a commercial exclu-
sion area. Commercial construction projects in the commercial exclusion
area shall not be eligible to receive tax abatements pursuant to this
title.
§ 8. Section 11-268 of the administrative code of the city of New York
is amended by adding two new subdivisions k-1 and o-1 to read as
follows:
K-1. "PARKING FACILITY" MEANS ANY REAL PROPERTY OR PORTION THEREOF ON
WHICH EXISTS A FACILITY OPERATED IN A MANNER THAT REQUIRES A LICENSE FOR
THE OPERATION OF A GARAGE OR PARKING LOT ISSUED BY THE DEPARTMENT OF
CONSUMER AND WORKER PROTECTION.
O-1. "SELF-STORAGE FACILITY" SHALL MEAN ANY REAL PROPERTY OR A PORTION
THEREOF THAT IS DESIGNED AND USED FOR THE PURPOSE OF OCCUPYING STORAGE
SPACE BY OCCUPANTS WHO ARE TO HAVE ACCESS THERETO FOR THE PURPOSE OF
STORING AND REMOVING PERSONAL PROPERTY, PURSUANT TO SUBDIVISION ONE OF
SECTION ONE HUNDRED EIGHTY-TWO OF THE LIEN LAW.
§ 9. Subdivision c of section 11-270 of the administrative code of the
city of New York is amended by adding two new paragraphs 4 and 5 to read
as follows:
(4) SELF-STORAGE FACILITIES. NO BENEFITS SHALL BE GRANTED PURSUANT TO
THIS PART FOR CONSTRUCTION WORK ON REAL PROPERTY WHERE ANY PORTION OF
SUCH PROPERTY IS TO BE USED AS A SELF-STORAGE FACILITY.
(5) PARKING FACILITY. NO BENEFITS SHALL BE GRANTED PURSUANT TO THIS
PART FOR CONSTRUCTION WORK ON REAL PROPERTY WHERE ANY PORTION OF SUCH
PROPERTY IS TO BE USED AS A PARKING FACILITY.
§ 10. Paragraph 1 of subdivision a of section 11-271 of the adminis-
trative code of the city of New York, as amended by chapter 332 of the
laws of 2024, is amended to read as follows:
(1) Application for benefits pursuant to this part may be made imme-
diately following the effective date of the local law that added this
section and continuing until March first, two thousand THIRTY OR, WITH
RESPECT TO AN APPLICATION FOR BENEFITS FOR PROPERTY DEFINED AS A PEAKING
UNIT AUTHORIZED PURSUANT TO PARAGRAPH (2-A) OF SUBDIVISION C OF SECTION
11-269 OF THIS PART UNTIL MARCH FIRST, TWO THOUSAND twenty-nine.
§ 11. Subdivision c of section 11-271 of the administrative code of
the city of New York, as amended by chapter 332 of the laws of 2024, is
amended to read as follows:
S. 3005 44 A. 3005
c. (1) No benefits AUTHORIZED pursuant to this part shall be granted
for construction work performed pursuant to a building permit issued
after April first, two thousand THIRTY, EXCEPT THAT FOR PROPERTY DEFINED
AS A PEAKING UNIT, NO BENEFITS AUTHORIZED PURSUANT TO PARAGRAPH (2-A) OF
SUBDIVISION C OF SECTION 11-269 OF THIS PART SHALL BE GRANTED FOR
CONSTRUCTION WORK PERFORMED PURSUANT TO A BUILDING PERMIT ISSUED AFTER
APRIL FIRST, TWO THOUSAND twenty-nine.
(2) If no building permit was required, then no benefits AUTHORIZED
pursuant to this part shall be granted for construction work that is
commenced after April first, two thousand THIRTY, EXCEPT THAT FOR PROP-
ERTY DEFINED AS A PEAKING UNIT, NO BENEFITS AUTHORIZED PURSUANT TO PARA-
GRAPH (2-A) OF SUBDIVISION C OF SECTION 11-269 OF THIS PART SHALL BE
GRANTED FOR CONSTRUCTION WORK THAT IS COMMENCED AFTER APRIL FIRST, TWO
THOUSAND twenty-nine.
§ 12. Subdivision b of section 11-274 of the administrative code of
the city of New York is amended by adding a new paragraph 1-a to read as
follows:
(1-A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BEGINNING
JANUARY FIRST, TWO THOUSAND TWENTY-SIX, GOVERNOR'S ISLAND SHALL BE
DESIGNATED A SPECIAL COMMERCIAL ABATEMENT AREA FOR THE PURPOSES OF THIS
PART, PROVIDED THAT SUCH DESIGNATION MAY BE MODIFIED IN WHOLE OR IN PART
IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS SUBDIVISION.
§ 13. Paragraph 5 of subdivision b of section 11-274 of the adminis-
trative code of the city of New York, as added by local law number 47 of
the city of New York for the year 2008, is amended to read as follows:
(5) The commission may designate any area other than the area lying
south of the center line of 96th Street in the borough of Manhattan NOT
INCLUDING GOVERNOR'S ISLAND, to be a special commercial abatement area
if it determines that market conditions in the area are such that the
availability of a special abatement is required in order to encourage
commercial construction work in such area. In making such determination,
the commission shall consider, among other factors, the existence in
such area of a special need for commercial and job development, high
unemployment, economic distress or unusually large numbers of vacant,
underutilized, unsuitable or substandard structures, or other substand-
ard, unsanitary, deteriorated or deteriorating conditions, with or with-
out tangible blight; PROVIDED THAT, HOWEVER, IN MAKING SUCH DETERMI-
NATION WITH RESPECT TO GOVERNOR'S ISLAND, THE TEMPORARY COMMERCIAL
INCENTIVE AREA BOUNDARY COMMISSION SHALL ONLY BE REQUIRED TO CONSIDER,
AMONG OTHER FACTORS, WHETHER SUCH DESIGNATION CONTINUES TO BE NECESSARY
TO ADEQUATELY PROMOTE COMMERCIAL ACTIVITY ON GOVERNOR'S ISLAND THE
DENSITY OF EXISTING DEVELOPMENTS AND THE NATURE AND PURPOSE OF PLANNED
DEVELOPMENTS ON GOVERNOR'S ISLAND, AND THE DEVELOPMENT OF EMERGING
INDUSTRIES IN THE CITY.
§ 14. Paragraph 3 of subdivision c of section 11-274 of the adminis-
trative code of the city of New York, as added by local law number 47 of
the city of New York for the year 2008, is amended to read as follows:
(3) the area in the borough of Manhattan south of the center line of
59th street, other than the areas: (I) designated renovation areas by
paragraphs (1) and (2) of this subdivision, OR (II) AS OF JANUARY FIRST,
TWO THOUSAND TWENTY-SIX, GOVERNOR'S ISLAND.
§ 15. Subdivision d of section 11-274 of the administrative code of
the city of New York, as added by local law number 47 of the city of New
York for the year 2008, is amended to read as follows:
d. Commercial exclusion area. Except as provided in paragraph (6) of
subdivision c of section 11-269 of this part, any area in the borough of
S. 3005 45 A. 3005
Manhattan lying south of the center line of 96th Street, other than: (1)
the areas designated renovation areas by subdivision c of this section
AND (2) AS OF JANUARY FIRST, TWO THOUSAND TWENTY-SIX, GOVERNOR'S ISLAND,
shall be a commercial exclusion area. Commercial construction projects
in the commercial exclusion area shall not be eligible to receive tax
abatements pursuant to this part.
§ 16. This act shall take effect immediately, provided that: (i) para-
graph 4 of subdivision c of section 11-270 of the administrative code of
the city of New York, as added by section nine of this act shall be
deemed to have been in full force and effect as of July 1, 2020, and
shall apply to projects for which the first building permit is issued
after July 1, 2020 or if no permit is required, for which construction
commences after July 1, 2020; and (ii) paragraph (e) of subdivision 3 of
section 489-cccccc of the real property tax law, as added by section one
of this act, and paragraph 5 of subdivision c of section 11-270 of the
administrative code of the city of New York, as added by section nine of
this act, shall only apply to a project for which the first building
permit is issued on or after 90 days after this act takes effect, or if
no permit is required, for which construction commences on or after such
date.
PART T
Section 1. Subdivision (a) of section 5004 of the civil practice law
and rules, as amended by chapter 831 of the laws of 2021, is amended to
read as follows:
(a) [Interest shall be at the rate of nine per centum per annum,
except where otherwise provided by statute; provided] NOTWITHSTANDING
ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, INCLUDING ANY
LAW OR REGULATION THAT LIMITS THE ANNUAL RATE OF INTEREST TO BE PAID ON
A JUDGMENT OR ACCRUED CLAIM, THE ANNUAL RATE OF INTEREST TO BE PAID ON A
JUDGMENT OR ACCRUED CLAIM SHALL BE CALCULATED AT THE ONE-YEAR UNITED
STATES TREASURY BILL RATE. FOR PURPOSES OF THIS SECTION, THE "ONE-YEAR
UNITED STATES TREASURY BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR
CONSTANT MATURITY TREASURY YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE
OF THE ENTRY OF THE JUDGMENT AWARDING DAMAGES; PROVIDED HOWEVER, THAT
THIS SECTION SHALL NOT APPLY TO ANY PROVISION OF THE TAX LAW WHICH
PROVIDES FOR THE ANNUAL RATE OF INTEREST TO BE PAID ON A JUDGMENT OR
ACCRUED CLAIM. PROVIDED, HOWEVER, the annual rate of interest to be paid
in an action arising out of a consumer debt where a natural person is a
defendant shall be two per centum per annum (i) on a judgment or accrued
claim for judgments entered on or after the effective date of [the]
chapter EIGHT HUNDRED THIRTY-ONE of the laws of two thousand twenty-one
[which amended this section], and (ii) for interest upon a judgment
pursuant to section five thousand three of this article from the date of
the entry of judgment on any part of a judgment entered before the
effective date of [the] chapter EIGHT HUNDRED THIRTY-ONE of the laws of
two thousand twenty-one [which amended this section] that is unpaid as
of such effective date.
§ 2. Section 16 of the state finance law, as amended by chapter 681 of
the laws of 1982, is amended to read as follows:
§ 16. Rate of interest on judgments and accrued claims against the
state. The rate of interest to be paid by the state upon any judgment
or accrued claim against the state shall [not exceed nine per centum per
annum] BE CALCULATED AT THE ONE-YEAR UNITED STATES TREASURY BILL RATE.
S. 3005 46 A. 3005
FOR THE PURPOSES OF THIS SECTION, THE "ONE-YEAR UNITED STATES TREASURY
BILL RATE" MEANS THE WEEKLY AVERAGE ONE-YEAR CONSTANT MATURITY TREASURY
YIELD, AS PUBLISHED BY THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM, FOR THE CALENDAR WEEK PRECEDING THE DATE OF THE ENTRY OF THE
JUDGMENT AWARDING DAMAGES. PROVIDED HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY PROVISION OF THE TAX LAW WHICH PROVIDES FOR THE ANNUAL RATE
OF INTEREST TO BE PAID ON A JUDGMENT OR ACCRUED CLAIM.
§ 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2025.
PART U
Section 1. Section 167-a of the civil service law, as amended by
section 1 of part I of chapter 55 of the laws of 2012, is amended to
read as follows:
§ 167-a. Reimbursement for medicare premium charges. 1. Upon exclusion
from the coverage of the health benefit plan of supplementary medical
insurance benefits for which an active or retired employee or a depend-
ent covered by the health benefit plan is or would be eligible under the
federal old-age, survivors and disability insurance program, an amount
equal to the STANDARD MEDICARE premium charge for such supplementary
medical insurance benefits for such active or retired employee and [his
or her] SUCH EMPLOYEE'S dependents, if any, shall be paid monthly or at
other intervals to such active or retired employee from the health
insurance fund. THERE SHALL BE NO PAYMENT FOR THE INCOME RELATED MONTHLY
ADJUSTMENT AMOUNT INCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWEN-
TY-FIVE TO ANY ACTIVE OR RETIRED EMPLOYEE AND SUCH EMPLOYEE'S DEPEN-
DENTS, IF ANY. Where appropriate, such STANDARD MEDICARE PREMIUM amount
may be deducted from contributions payable by the employee or retired
employee; or where appropriate in the case of a retired employee receiv-
ing a retirement allowance, such STANDARD MEDICARE PREMIUM amount may be
included with payments of [his or her] SUCH EMPLOYEE'S retirement allow-
ance. All state employer, employee, retired employee and dependent
contributions to the health insurance fund, including contributions from
public authorities, public benefit corporations or other quasi-public
organizations of the state eligible for participation in the health
benefit plan as authorized by subdivision two of section one hundred
sixty-three of this article, shall be adjusted as necessary to cover the
cost of reimbursing federal old-age, survivors and disability insurance
program premium charges under this section. This cost shall be included
in the calculation of premium or subscription charges for health cover-
age provided to employees and retired employees of the state, public
authorities, public benefit corporations or other quasi-public organiza-
tions of the state; provided, however, the state, public authorities,
public benefit corporations or other quasi-public organizations of the
state shall remain obligated to pay no less than its share of such
increased cost consistent with its share of premium or subscription
charges provided for by this article. All other employer contributions
to the health insurance fund shall be adjusted as necessary to provide
for such payments.
2. (A) ON DECEMBER FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT
SHALL PROVIDE A PREMIUM REFUND TO ELIGIBLE STATE RETIREES. FOR THE
PURPOSES OF THIS SECTION, "ELIGIBLE STATE RETIREES" SHALL BE DEFINED AS
RETIREES WHO RETIRED:
(I) ON OR AFTER JANUARY FIRST, NINETEEN HUNDRED EIGHTY-THREE BUT PRIOR
TO JANUARY FIRST, TWO THOUSAND TWELVE; AND
S. 3005 47 A. 3005
(II) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE FROM A TITLE ALLO-
CATED OR EQUATED TO SALARY GRADE NINE OR BELOW. THE AMOUNT OF THE ANNUAL
PREMIUM REFUND SHALL BE FIFTY PER CENTUM OF THE AMOUNT REIMBURSED BY THE
DEPARTMENT TO ENROLLEES FOR INCOME RELATED MONTHLY ADJUSTMENT AMOUNTS
FOR SUPPLEMENTARY MEDICAL INSURANCE FOR CALENDAR YEAR TWO THOUSAND TWEN-
TY-FOUR DIVIDED BY THE NUMBER OF ELIGIBLE STATE RETIREES.
(B) ON DECEMBER FIRST, TWO THOUSAND TWENTY-SEVEN AND DECEMBER FIRST OF
EACH YEAR THEREAFTER, THE DEPARTMENT SHALL PROVIDE AN ANNUAL PREMIUM
REFUND TO ELIGIBLE STATE RETIREES. THE AMOUNT OF THE REFUND SHALL BE THE
PREMIUM REFUND PROVIDED IN THE PRIOR YEAR INCREASED BY THE RATE OF
CHANGE FOR THE MOST RECENT TWELVE-MONTH PERIOD ENDING IN SEPTEMBER OF
THAT YEAR IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS ON A
NATIONAL AND SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX
AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR.
§ 2. This act shall take effect immediately and shall apply on January
1, 2025 for the income related monthly adjustment amount incurred on or
after January 1, 2025.
PART V
Section 1. Paragraph (b) of subdivision 5 of section 50 of the civil
service law, as amended by section 1 of part EE of chapter 55 of the
laws of 2023, is amended to read as follows:
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the state civil service department, subject to the approval of the
director of the budget, a municipal commission, subject to the approval
of the governing board or body of the city or county, as the case may
be, or a regional commission or personnel officer, pursuant to govern-
mental agreement, may elect to waive application fees, or to abolish
fees for specific classes of positions or types of examinations or
candidates, or to establish a uniform schedule of reasonable fees
different from those prescribed in paragraph (a) of this subdivision,
specifying in such schedule the classes of positions or types of exam-
inations or candidates to which such fees shall apply; provided, howev-
er, that fees shall be waived for candidates who certify to the state
civil service department, a municipal commission or a regional commis-
sion that they are unemployed and primarily responsible for the support
of a household, or are receiving public assistance. Provided further,
the state civil service department shall waive the state application fee
for examinations for original appointment for all veterans. Provided
further, the state civil service department shall, and a municipal
commission may, subject to the approval of the governing board or body
of the city or county, as the case may be, or a regional commission or
personnel officer, pursuant to governmental agreement, waive application
fees for all examinations held between July first, two thousand twenty-
three and [December thirty-first, two thousand twenty-five] JUNE THIRTI-
ETH, TWO THOUSAND TWENTY-SIX. Notwithstanding any other provision of
law, for purposes of this section, the term "veteran" shall mean a
person who has served in the armed forces of the United States or the
reserves thereof, or in the army national guard, air national guard, New
York guard, or the New York naval militia, and who (1) has been honor-
ably discharged or released from such service under honorable condi-
tions, or (2) has a qualifying condition, as defined in section one of
the veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service, or (3) is a discharged LGBT
veteran, as defined in section one of the veterans' services law, and
S. 3005 48 A. 3005
has received a discharge other than bad conduct or dishonorable from
such service. The term "armed forces" shall mean the army, navy, air
force, marine corps, and coast guard.
§ 2. Section 2 of part EE of chapter 55 of the laws of 2023, amending
the civil service law relating to waiving state civil service examina-
tion fees between July 1, 2023 and December 31, 2025, is amended to read
as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on [December 31, 2025] JUNE 30, 2026; provided that this
act shall be deemed to have been in full force and effect on and after
April 1, 2023.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to paragraph (b) of subdivision 5 of section 50 of the
civil service law made by section one of this act shall not affect the
expiration of such subdivision and shall expire and be deemed repealed
therewith.
PART W
Section 1. Subdivision 2 section 200 of the state finance law, as
amended by section 1 of part Q of chapter 55 of the laws of 2024, is
amended to read as follows:
2. Notwithstanding the provisions of subdivision one of this section,
where the state and an employee organization representing state officers
and employees who are in positions which are in collective negotiating
units established pursuant to article fourteen of the civil service law
enter into an agreement providing for an alternative procedure for the
payment of salaries to such employees or where the director of employee
relations shall authorize an alternative procedure for the payment of
salaries to state officers or employees in the executive branch who are
in positions which are not in collective negotiating units, such alter-
native procedure shall be implemented in lieu of the procedure specified
in subdivision one of this section. [Notwithstanding any other provision
of law to the contrary, where the state and an employee organization
representing officers and employees in the executive branch who are in
positions which are in collective negotiating units established pursuant
to article fourteen of the civil service law enter into an agreement, or
where the director of employee relations shall authorize for officers
and employees in the executive branch who are in positions which are not
in collective negotiating units, the alternate procedure specified here-
in shall be terminated for officers and employees hired on or after July
first, two thousand twenty-five. The alternate procedure specified here-
in shall also be terminated for: (i) nonjudicial officers and employees
of the unified court system hired on or after July first, two thousand
twenty-five, if the chief administrator of the courts so elects; (ii)
employees of the senate hired on or after July first, two thousand twen-
ty-five, if the temporary president of the senate so elects; (iii)
employees of the assembly hired on or after July first, two thousand
twenty-five, if the speaker of the assembly so elects; and (iv) employ-
ees of joint legislative employers hired on or after July first, two
thousand twenty-five, if the temporary president of the senate and the
speaker of the assembly mutually so elect for all such joint legislative
employers. Any election made pursuant to paragraph (i), (ii), (iii), or
(iv) of this subdivision shall be in writing and filed with the state
comptroller not later than thirty days after the enactment of this
legislation.]
S. 3005 49 A. 3005
§ 2. The state finance law is amended by adding a new section 210 to
read as follows:
§ 210. OPTIONAL PAYMENT ELECTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, WHERE THE STATE AND AN EMPLOYEE ORGANIZATION
REPRESENTING OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN
POSITIONS WHICH ARE IN COLLECTIVE NEGOTIATING UNITS ESTABLISHED PURSUANT
TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW ENTER INTO AN AGREEMENT, OR
WHERE THE DIRECTOR OF EMPLOYEE RELATIONS SHALL AUTHORIZE FOR OFFICERS
AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT
IN COLLECTIVE NEGOTIATING UNITS, NEW EMPLOYEES HIRED ON OR AFTER JULY
FIRST, TWO THOUSAND TWENTY-SIX, MAY ELECT TO RECEIVE AN OPTIONAL
PAYMENT, WHICH SHALL BE IN AN AMOUNT DETERMINED BY SUCH AGREEMENT OR FOR
OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS
WHICH ARE NOT IN COLLECTIVE NEGOTIATING UNITS, AT A RATE TO BE DETER-
MINED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET. SUCH PAYMENT SHALL
NOT BE CONSIDERED BASIC ANNUAL SALARY AND SHALL NOT BE INCLUDED AS
COMPENSATION FOR RETIREMENT PURPOSES. SUCH PAYMENT SHALL BE RECOVERED TO
THE STATE WITHIN THE FIRST FOURTEEN PAY PERIODS AFTER SUCH PAYMENT. THE
PAYMENT SPECIFIED HEREIN SHALL ALSO BE IMPLEMENTED FOR: (A)
NONJUDICIAL OFFICERS AND EMPLOYEES OF THE UNIFIED COURT SYSTEM HIRED ON
OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX, IF THE CHIEF ADMINIS-
TRATOR OF THE COURTS SO ELECTS; (B) EMPLOYEES OF THE SENATE HIRED ON OR
AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX, IF THE TEMPORARY PRESI-
DENT OF THE SENATE SO ELECTS; (C) EMPLOYEES OF THE ASSEMBLY HIRED ON
OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX, IF THE SPEAKER OF THE
ASSEMBLY SO ELECTS; AND (D) EMPLOYEES OF JOINT LEGISLATIVE EMPLOY-
ERS HIRED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-SIX, IF THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY MUTU-
ALLY SO ELECT FOR ALL SUCH JOINT LEGISLATIVE EMPLOYERS. ANY ELECTION
MADE PURSUANT TO SUBDIVISION (A), (B), (C), OR (D) OF THIS SECTION SHALL
BE IN WRITING AND FILED WITH THE STATE COMPTROLLER NO LATER THAN SEPTEM-
BER THIRTIETH, TWO THOUSAND TWENTY-FIVE.
§ 3. This act shall take effect July 1, 2025; provided however, that
section one of this act shall take effect on the same date and in the
same manner as section one of part Q of chapter 55 of the laws of 2024,
takes effect.
PART X
Section 1. The state technology law is amended by adding a new section
103-e to read as follows:
§ 103-E. CYBERSECURITY AWARENESS TRAINING. 1. (A) EMPLOYEES OF THE
STATE WHO USE TECHNOLOGY AS A PART OF THEIR OFFICIAL JOB DUTIES SHALL
TAKE ANNUAL CYBERSECURITY AWARENESS TRAINING BEGINNING JANUARY FIRST,
TWO THOUSAND TWENTY-SIX. EMPLOYEES OF THE STATE SHALL BE REQUIRED TO
COMPLETE THE TRAINING PROVIDED BY THE OFFICE.
(B) FOR PURPOSES OF THIS SECTION, "EMPLOYEES OF THE STATE" SHALL
INCLUDE EMPLOYEES OF ALL STATE AGENCIES AND ALL PUBLIC BENEFIT CORPO-
RATIONS, THE HEADS OF WHICH ARE APPOINTED BY THE GOVERNOR.
2. EMPLOYEES OF A COUNTY, A CITY, A TOWN, OR A VILLAGE WHO USE TECH-
NOLOGY AS A PART OF THEIR OFFICIAL JOB DUTIES SHALL TAKE ANNUAL CYBERSE-
CURITY AWARENESS TRAINING BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-
SIX. THE OFFICE SHALL MAKE A CYBERSECURITY TRAINING AVAILABLE FOR USE BY
A COUNTY, A CITY, A TOWN, OR A VILLAGE AT NO CHARGE, BUT SUCH TRAINING
SHALL NOT BE THE EXCLUSIVE MEANS FOR MEETING THE REQUIREMENTS OF THIS
SECTION.
S. 3005 50 A. 3005
§ 2. This act shall take effect immediately.
PART Y
Section 1. Section 2 of part F of chapter 60 of the laws of 2015,
constituting the infrastructure investment act, subdivision (a) as
amended and subdivision (g) as added by section 1 of part AA of chapter
58 the laws of 2022, is amended to read as follows:
§ 2. For the purposes of this act: (a) (i) "authorized state entity"
shall mean the New York state thruway authority, the department of
transportation, the office of parks, recreation and historic preserva-
tion, the department of environmental conservation, the New York state
bridge authority, the office of general services, the dormitory authori-
ty, the urban development corporation, the state university construction
fund, THE STATE UNIVERSITY OF NEW YORK AS DEFINED IN SUBDIVISION 3 OF
SECTION 352 OF THE EDUCATION LAW, THE CITY UNIVERSITY CONSTRUCTION FUND,
the New York state Olympic regional development authority and the
battery park city authority.
(ii) Notwithstanding the provisions of subdivision 26 of section 1678
of the public authorities law, section 8 of the public buildings law,
sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as
amended, section 103 of the general municipal law, and the provisions of
any other law to the contrary, the term "authorized state entity" shall
also refer to only those agencies or authorities identified below solely
in connection with the following authorized projects, provided that such
an authorized state entity may utilize the alternative delivery [method]
METHODS referred to as design-build contracts OR CONSTRUCTION MANAGER AS
CONSTRUCTOR CONTRACTS solely in connection with the following authorized
projects should the total cost of each such project not be less than
five million dollars($5,000,000):
Authorized Projects Authorized State Entity
1. Frontier Town Urban Development Corporation
2. Life Sciences Laboratory Dormitory Authority & Urban
Development Corporation
3. Whiteface Transformative Projects New York State Olympic Regional
Development Authority
4. Gore Transformative Projects New York State Olympic Regional
Development Authority
5. Belleayre Transformative Projects New York State Olympic Regional
Development Authority
6. Mt. Van Hoevenberg Transformative New York State Olympic Regional
Projects Development Authority
7. Olympic Training Center New York State Olympic Regional
Development Authority
8. Olympic Arena and Convention New York State Olympic Regional
Center Complex Development Authority
9. State Fair Revitalization Office of General
Projects Services
10. State Police Forensic Office of General
Laboratory Services
S. 3005 51 A. 3005
Notwithstanding any provision of law to the contrary, all rights or
benefits, including terms and conditions of employment, and protection
of civil service and collective bargaining status of all existing
employees of authorized state entities shall be preserved and protected.
Nothing in this section shall result in the: (1) displacement of any
currently employed worker or loss of position (including partial
displacement such as a reduction in the hours of non-overtime work,
wages, or employment benefits) or result in the impairment of existing
collective bargaining agreements; (2) transfer of existing duties and
functions related to maintenance and operations currently performed by
existing employees of authorized state entities to a contracting entity;
or (3) transfer of future duties and functions ordinarily performed by
employees of authorized state entities to the contracting entity. Noth-
ing contained herein shall be construed to affect (A) the existing
rights of employees pursuant to an existing collective bargaining agree-
ment, and (B) the existing representational relationships among employee
organizations or the bargaining relationships between the employer and
an employee organization.
If otherwise applicable, authorized projects undertaken by the author-
ized state entities listed above solely in connection with the
provisions of this act shall be subject to section 135 of the state
finance law, section 101 of the general municipal law, and section 222
of the labor law; provided, however, that an authorized state entity may
fulfill its obligations under section 135 of the state finance law or
section 101 of the general municipal law by requiring the contractor to
prepare separate specifications in accordance with section 135 of the
state finance law or section 101 of the general municipal law, as the
case may be. Provided further, that authorized projects with a total
construction cost of not less than twenty-five million dollars
($25,000,000) undertaken by the authorized state entities listed above
solely in connection with the provisions of this act shall only be
undertaken pursuant to a project labor agreement in accordance with
section 222 of the labor law. If a project labor agreement is not
performed on the authorized project, the authorized state entity shall
not utilize a design-build OR CONSTRUCTION MANAGER AS CONSTRUCTOR
contract for such project. Prior to utilizing the alternative delivery
[method] METHODS referred to as design-build OR CONSTRUCTION MANAGER AS
CONSTRUCTOR contracts for the authorized projects listed in this subpar-
agraph with a total construction cost of less than twenty-five million
dollars ($25,000,000), the authorized state entities listed above shall
conduct a feasibility study in accordance with section 222 of the labor
law.
(b) "best value" shall mean the basis for awarding contracts for
services to the offerer that optimize quality, cost and efficiency,
price and performance criteria, which may include, but is not limited
to:
1. The quality of the contractor's performance on previous projects;
2. The timeliness of the contractor's performance on previous
projects;
3. The level of customer satisfaction with the contractor's perform-
ance on previous projects;
4. The contractor's record of performing previous projects on budget
and ability to minimize cost overruns;
5. The contractor's ability to limit change orders;
6. The contractor's ability to prepare appropriate project plans;
7. The contractor's technical capacities;
S. 3005 52 A. 3005
8. The individual qualifications of the contractor's key personnel;
9. The contractor's ability to assess and manage risk and minimize
risk impact; and
10. The contractor's past record of compliance with article 15-A of
the executive law.
Such basis shall reflect, wherever possible, objective and quantifi-
able analysis.
(c) "capital project" shall have the same meaning as such term is
defined by subdivision 2-a of section 2 of the state finance law.
(d) "CONSTRUCTION MANAGER AS CONSTRUCTOR CONTRACT" MEANS A CONTRACT
IMPLEMENTING A PROJECT DELIVERY METHOD WHEREBY A CONSTRUCTION MANAGER:
(I) IS RETAINED BY THE OWNER AT THE TIME OF THE DESIGN PHASE AND IS
RESPONSIBLE FOR WORKING COLLABORATIVELY AS PART OF A TEAM IN CONJUNCTION
WITH THE OWNER AND OWNER'S SEPARATELY RETAINED DESIGN FIRM;
(II) IS RESPONSIBLE FOR DEVELOPING AND PROVIDING THE OWNER WITH A
PROPOSED GUARANTEED MAXIMUM PRICE TO CONSTRUCT THE PROJECT IN ACCORDANCE
WITH THE DESIGN AND PURSUANT TO SUBDIVISION (A) OF SECTION THIRTEEN OF
THIS PART;
(III) DURING THE CONSTRUCTION PHASE, IS RESPONSIBLE FOR THE SERVICES
OF THE CONSTRUCTION MANAGER AND GENERAL CONTRACTOR FOR AGREED UPON
COMPENSATION AS SET FORTH IN THE CONSTRUCTION MANAGER AS CONSTRUCTOR
CONTRACT; AND
(IV) ASSUMES THE RESPONSIBILITY FOR CONSTRUCTION, THE PERIOD OF TIME
FOR PERFORMANCE, AND THE COSTS EXCEEDING AN AMOUNT SPECIFIED IN THE
CONSTRUCTION MANAGER AS CONSTRUCTOR CONTRACT.
(E) "cost plus" shall mean compensating a contractor for the cost to
complete a contract by reimbursing actual costs for labor, equipment and
materials plus an additional amount for overhead and profit.
[(e)] (F) "design-build contract" shall mean a contract for the design
and construction of a capital project with a single entity, INCLUDING
PROGRESSIVE DESIGN-BUILD, which may be a team comprised of separate
entities.
[(f)] (G) "procurement record" means documentation of the decisions
made and the approach taken in the procurement process.
[(g)] (H) "project labor agreement" shall have the meaning set forth
in subdivision 1 of section 222 of the labor law. A project labor agree-
ment shall require participation in apprentice training programs.
§ 2. Section 3 of part F of chapter 60 of the laws of 2015, constitut-
ing the infrastructure investment act, as amended by section 2 of part
AA of chapter 58 of the laws of 2022, is amended to read as follows:
§ 3. Notwithstanding the provisions of section 38 of the highway law,
[section] SECTIONS 136-a AND 163 of the state finance law, sections 359,
1678, 1680 and 1680-a of the public authorities law, sections 376,
407-a, 6281 and 7210 of the education law, sections 8 and 9 of the
public buildings law, section 103 of the general municipal law, and the
provisions of any other law to the contrary, and in conformity with the
requirements of this act, an authorized state entity may utilize the
alternative delivery [method] METHODS referred to as design-build OR
CONSTRUCTION MANAGER AS CONSTRUCTOR contracts, in consultation with
relevant local labor organizations and construction industry, unless
otherwise provided below, for capital projects located in the state
related to physical infrastructure, including, but not limited to, high-
ways, bridges, buildings and appurtenant structures, dams, flood control
projects, canals, and parks, including, but not limited to, to repair
damage caused by natural disaster, to correct health and safety defects,
to comply with federal and state laws, standards, and regulations, to
S. 3005 53 A. 3005
extend the useful life of or replace highways, bridges, buildings and
appurtenant structures, dams, flood control projects, canals, and parks
or to improve or add to highways, bridges, buildings and appurtenant
structures, dams, flood control projects, canals, and parks; provided
that for the contracts executed by the department of transportation, the
office of parks, recreation and historic preservation, or the department
of environmental conservation, the total cost of each such project shall
not be less than ten million dollars ($10,000,000). Provided further
that authorized state entities may only utilize the alternative delivery
[method] METHODS referred to as design-build OR CONSTRUCTION MANAGER AS
CONSTRUCTOR contracts on projects with a total construction cost of not
less than twenty-five million dollars ($25,000,000) if undertaken pursu-
ant to a project labor agreement in accordance with section 222 of the
labor law. If a project labor agreement is not performed on [the] SUCH
project, the authorized state entity shall not utilize a design-build OR
CONSTRUCTION MANAGER AS CONSTRUCTOR contract for such project. The use
of a project labor agreement on a federal aid project shall not be
required where the federal government prohibits or disapproves of the
use of a project labor agreement on such a federal aided project. Prior
to utilizing the alternative delivery [method] METHODS referred to as
design-build OR CONSTRUCTION MANAGER AS CONSTRUCTOR contracts for
projects with a total construction cost of less than twenty-five million
dollars ($25,000,000), authorized state entities shall conduct a feasi-
bility study in accordance with section 222 of the labor law.
§ 3. Section 4 of part F of chapter 60 of the laws of 2015, constitut-
ing the infrastructure investment act, as amended by section 4 of part
RRR of chapter 59 of the laws of 2017, the opening paragraph and subdi-
vision (a) as amended by section 2 of part DD of chapter 58 of the laws
of 2020, is amended to read as follows:
§ 4. An entity selected by an authorized state entity to enter into a
design-build OR CONSTRUCTION MANAGER AS CONSTRUCTOR contract shall be
selected through a one or two-step method, as follows:
(a) Step one. Generation of a list of entities that have demonstrated
the general capability to perform the design-build OR CONSTRUCTION
MANAGER AS CONSTRUCTOR contract. Such list shall consist of a specified
number of entities, as determined by an authorized state entity, and
shall be generated based upon the authorized state entity's review of
responses to a publicly advertised request for qualifications. The
authorized state entity's request for qualifications shall include a
general description of the project, the maximum number of entities to be
included on the list, the selection criteria to be used and the relative
weight of each criteria in generating the list. Such selection criteria
shall include the qualifications and experience, AS APPLICABLE, of the
CONSTRUCTION MANAGEMENT, design [and] AND/OR construction [team] TEAMS,
organization, demonstrated responsibility, ability of the team or of a
member or members of the team to comply with applicable requirements,
including the provisions of articles 145, 147 and 148 of the education
law, past record of compliance with the labor law, and such other quali-
fications the authorized state entity deems appropriate which may
include but are not limited to project understanding, financial capabil-
ity and record of past performance. The authorized state entity shall
evaluate and rate all entities responding to the request for qualifica-
tions. Based upon such ratings, the authorized state entity shall list
the entities that shall receive a request for proposals in accordance
with subdivision (b) of this section. To the extent consistent with
applicable federal law, the authorized state entity shall consider, when
S. 3005 54 A. 3005
awarding any contract pursuant to this section, the participation of:
(i) firms certified pursuant to article 15-A of the executive law as
minority or women-owned businesses and the ability of other businesses
under consideration to work with minority and women-owned businesses so
as to promote and assist participation by such businesses; [and] (ii)
small business concerns identified pursuant to subdivision (b) of
section 139-g of the state finance law and (iii) firms certified pursu-
ant to article 17-B of the executive law as service-disabled veteran-
owned businesses and the ability of other businesses under consideration
to work with service-disabled veteran-owned businesses so as to promote
and assist participation by such businesses.
(b) Step two. Selection of the proposal which is the best value to the
authorized state entity. The authorized state entity shall issue a
request for proposals to the entities listed pursuant to subdivision (a)
of this section. If such an entity consists of a team of separate enti-
ties, the entities that comprise such a team must remain unchanged from
the entity as listed pursuant to subdivision (a) of this section unless
otherwise approved by the authorized state entity. The request for
proposals shall set forth the project's scope of work, and other
requirements, as determined by the authorized state entity. The request
for proposals shall specify the criteria to be used to evaluate the
responses and the relative weight of each such criteria. Such criteria
shall include, AS APPLICABLE, the proposal's cost, the quality of the
proposal's solution, the qualifications and experience of the design-
build OR CONSTRUCTION MANAGER AS CONSTRUCTOR entity, and other factors
deemed pertinent by the authorized state entity, which may include, but
shall not be limited to, the proposal's project implementation, ability
to complete the work in a timely and satisfactory manner, maintenance
costs of the completed project, maintenance of traffic approach, and
community impact. Any contract awarded pursuant to this act shall be
awarded to a responsive and responsible entity that submits the
proposal, which, in consideration of these and other specified criteria
deemed pertinent to the project, offers the best value to the authorized
state entity, as determined by the authorized state entity. The request
for proposals shall include a statement that entities shall designate in
writing those portions of the proposal that contain trade secrets or
other proprietary information that are to remain confidential; that the
material designated as confidential shall be readily separable from the
entity's proposal. Nothing herein shall be construed to prohibit the
authorized entity from negotiating final contract terms and conditions
including cost. All proposals submitted shall be scored according to the
criteria listed in the request for proposals and such final scores shall
be published on the authorized state entity's website.
§ 4. Section 11 of part F of chapter 60 of the laws of 2015, consti-
tuting the infrastructure investment act, is amended to read as follows:
§ 11. The submission of a proposal or responses or the execution of a
design-build OR CONSTRUCTION MANAGER AS CONSTRUCTOR contract pursuant to
this act shall not be construed to be a violation of section 6512 of the
education law.
§ 5. Subdivision (a) of section 13 of part F of chapter 60 of the laws
of 2015, constituting the infrastructure investment act, as amended by
section 11 of part RRR of chapter 59 of the laws of 2017 and paragraph 3
as amended by section 4 of part DD of chapter 58 of the laws of 2020, is
amended to read as follows:
(a) Notwithstanding the provisions of any other law to the contrary,
the authorized state entity may award a [construction] contract[:
S. 3005 55 A. 3005
1. To] TO the DESIGN-BUILD CONTRACTOR OR CONSTRUCTION MANAGER AS
CONSTRUCTOR contractor [offering]:
1. OFFERING the best value; or
2. Utilizing a cost-plus not to exceed guaranteed maximum price form
of contract in which the authorized state entity shall be entitled to
monitor and audit all project costs. In establishing the schedule and
process for determining a guaranteed maximum price, the contract between
the authorized state entity and the DESIGN-BUILD CONTRACTOR OR
CONSTRUCTION MANAGER AS CONSTRUCTOR contractor shall:
(i) describe the scope of the work and the cost of performing such
work;
(ii) include a detailed line item cost breakdown;
(iii) include a list of all drawings, specifications and other infor-
mation on which the guaranteed maximum price is based;
(iv) include the dates for substantial and final completion on which
the guaranteed maximum price is based; and
(v) include a schedule of unit prices; or
3. [(i)] Utilizing a lump sum contract in which the DESIGN-BUILD
CONTRACTOR OR CONSTRUCTION MANAGER AS CONSTRUCTOR contractor agrees to
accept a set dollar amount for a contract which comprises a single bid
without providing a cost breakdown for all costs such as for equipment,
labor, materials, as well as such contractor's profit for completing all
items of work comprising the project, which lump sum price may be nego-
tiated and established by the authorized state entity based on a
proposed guaranteed maximum price[.]; OR
[(ii) The design-build contract may include] 4. UTILIZING A CONTRACT
THAT INCLUDES both lump sum elements and cost-plus not to exceed guaran-
teed maximum price elements [and], WHICH CONTRACT may also provide for
professional services on a fee-for-service basis.
§ 6. Section 14 of part F of chapter 60 of the laws of 2015, consti-
tuting the infrastructure investment act, is amended to read as follows:
§ 14. Prequalified contractors. (a) Notwithstanding any other
provision of law, the authorized state entity [may maintain a list of
prequalified contractors who are eligible to submit a proposal pursuant
to this act and entry into such list shall be continuously available]
WHEN AWARDING ANY CONTRACT FOR PUBLIC WORK MAY ESTABLISH GUIDELINES
GOVERNING THE QUALIFICATIONS OF CONTRACTORS SEEKING TO BID, PROPOSE OR
ENTER INTO SUCH CONTRACT. Prospective contractors may be prequalified as
contractors to provide particular types of construction, in accordance
with general criteria established by the authorized state entity which
may include, but shall not be limited to, the experience, past perform-
ance, ability to undertake the type and complexity of work, financial
capability, responsibility, compliance with equal employment opportunity
requirements and anti-discrimination laws, and reliability. Such
prequalification may be by categories designed by size, VALUE,
GEOGRAPHY, and other factors. IF THE AUTHORIZED STATE ENTITY MAINTAINS
AN APPROPRIATE LIST OF QUALIFIED CONTRACTORS, THE CONTRACT SHALL BE
AWARDED CONSISTENT WITH GUIDELINES ESTABLISHED BY THE AUTHORIZED STATE
ENTITY.
(b) THE AUTHORIZED STATE ENTITY SHALL, NOT LESS THAN ANNUALLY, PUBLISH
IN A NEWSPAPER OF GENERAL CIRCULATION OR POST IN THE NEW YORK STATE
CONTRACT REPORTER AN ADVERTISEMENT REQUESTING PROSPECTIVE CONTRACTORS TO
SUBMIT QUALIFICATION STATEMENTS. LISTS OF PRE-QUALIFIED CONTRACTORS MAY
BE ESTABLISHED ON A PROJECT-SPECIFIC BASIS. PRE-QUALIFIED LISTS SHALL
INCLUDE ALL CONTRACTORS THAT QUALIFY; PROVIDED, HOWEVER, THAT ANY SUCH
LIST SHALL HAVE NO LESS THAN FIVE BIDDERS. A contractor who is denied
S. 3005 56 A. 3005
prequalification or whose prequalification is revoked or suspended by
the authorized state entity may appeal such decision to the authorized
state entity. If such a suspension extends for more than three months,
it shall be deemed a revocation of the prequalification. The authorized
state entity may proceed with the contract award during any appeal.
§ 7. Section 15-b of part F of chapter 60 of the laws of 2015, consti-
tuting the infrastructure investment act, as added by section 5 of part
DD of chapter 58 of the laws of 2020, is amended to read as follows:
§ 15-b. Public employees as defined by paragraph (a) of subdivision 7
of section 201 of the civil service law and who are employed by author-
ized entities as defined in paragraph (i) of subdivision (a) of section
two of this act shall examine and review certifications provided by
contractors for conformance with material source testing, certifications
testing, surveying, monitoring of environmental compliance, independent
quality control testing and inspection and quality assurance audits.
Performance by authorized entities of any review described in this
subdivision shall not be construed to modify or limit contractors' obli-
gations to perform work in strict accordance with the applicable
design-build OR CONSTRUCTION MANAGER AS CONSTRUCTOR contracts or the
contractors' or any subcontractors' obligations or liabilities under any
law.
§ 8. Section 16 of part F of chapter 60 of the laws of 2015, consti-
tuting the infrastructure investment act, as amended by section 6 of
part DD of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 16. A report shall be submitted on or no later than June 30, 2021
and annually thereafter, to the governor, the temporary president of the
senate and the speaker of the assembly by the New York state office of
general services on behalf of authorized entities defined in paragraph
(i) of subdivision (a) of section two of this act containing information
on each authorized state entity that has entered into a design-build OR
CONSTRUCTION MANAGER AS CONSTRUCTOR contract pursuant to this act, which
shall include, but not be limited to, a description of each such
design-build OR CONSTRUCTION MANAGER AS CONSTRUCTOR contract, informa-
tion regarding the procurement process for each such design-build OR
CONSTRUCTION MANAGER AS CONSTRUCTOR project, including the list of qual-
ified bidders, the total cost of each design-build OR CONSTRUCTION
MANAGER AS CONSTRUCTOR project, an explanation of the estimated cost and
schedule savings of each project, an explanation of how the savings were
determined, the participation rate and total dollar value of minority-
and women-owned business enterprises and service-disabled veteran-owned
businesses, and whether a project labor agreement was used, and if
applicable, the justification for using a project labor agreement. Such
report shall also be posted on the website of the New York state office
of general services for public review.
§ 9. This act shall take effect immediately; provided, however, that
the amendments to part F of chapter 60 of the laws of 2015 made by
sections one, two, three, four, five, six, seven and eight of this act
shall not affect the repeal of such part and shall be deemed repealed
therewith.
PART Z
Section 1. Section 13-a of chapter 749 of the laws of 2019, constitut-
ing the New York city public works investment act, as added by chapter
534 of the laws of 2024, is amended to read as follows:
S. 3005 57 A. 3005
§ 13-a. (a) For purposes of this section:
[(1)] "Construction manager build" shall mean a project delivery meth-
od whereby a construction manager:
(i) serves as part of a team in conjunction with the owner in the
design phase of the project;
(ii) under the oversight of the owner, acts as the single source of
responsibility to bid, select and hold construction contracts on behalf
of the owner during the construction phase; and
(iii) manages the construction project on behalf of the owner.
[(2) "Department" shall mean the New York city department of design
and construction.]
(b) This section may only be applied to:
(1) Design-build contracts solicited by [the department] AN AUTHORIZED
ENTITY that have an estimated cost of not less than ten million
dollars[,] AND are undertaken pursuant to a project labor agreement in
accordance with section 222 of the labor law [and in connection with a
project that is primarily related to:
(i) water or sewer infrastructure, and primarily consists of the
replacement of existing, or installation of new, water mains or sewers
or the installation of assets to manage stormwater flow, or a combina-
tion of the foregoing; or
(ii) coastal resiliency, and primarily consists of flood walls,
deployable gates, the relocation or protection of existing infrastruc-
ture from flooding, or a combination of the foregoing]; or
(2) Construction manager build contracts solicited by [the department]
AN AUTHORIZED ENTITY that have an estimated cost of not less than five
million dollars[,] AND are undertaken pursuant to a project labor agree-
ment in accordance with section 222 of the labor law [and in connection
with a project for the construction or renovation of a cultural institu-
tion located on publicly owned real property on behalf of the New York
city department of cultural affairs or a public library in the city of
New York].
(c) Notwithstanding any general, special, or local law, rule, or regu-
lation to the contrary, a contractor selected by [the department] AN
AUTHORIZED ENTITY to enter into a construction manager build contract
pursuant to this section shall be selected through the two-step method
described in subdivision (a) of section four of this act. The [depart-
ment] AUTHORIZED ENTITY may use the types of contracts identified in
subdivision (b) of section four of this act for contracts procured using
the construction manager build delivery method.
(d) Where [the department] AN AUTHORIZED ENTITY determines in writing
that it is in the best interest of the public to solicit proposals using
the design-build contract delivery method in connection with a project
that meets the criteria set forth in paragraph one of subdivision (b) of
this section, without generating a list pursuant to the process set
forth in paragraph one of subdivision (a) of section four of this act,
[the department] SUCH AUTHORIZED ENTITY shall release, evaluate and
score a request for proposals pursuant to the procedure set forth in
subdivision (e) of this section. To the extent consistent with applica-
ble federal law, [the department] SUCH AUTHORIZED ENTITY shall consider,
when soliciting proposals and awarding any contract pursuant to this
section, the participation of (i) entities that are certified as minori-
ty- or women-owned business enterprises pursuant to article fifteen-A of
the executive law, or certified pursuant to local law as minority- or
women-owned business enterprises, and (ii) small business concerns iden-
tified pursuant to subdivision (b) of section one hundred thirty-nine-g
S. 3005 58 A. 3005
of the state finance law. In addition, nothing in this section shall be
deemed to supersede any pre-qualification guidelines or requirements
otherwise authorized by law for [the department] SUCH AUTHORIZED ENTITY.
(e) The request for proposals shall set forth the public work's scope
of work, and other requirements, as determined by the [department]
AUTHORIZED ENTITY, which may include separate goals for work under the
contract to be performed by businesses certified as minority- or women-
owned business enterprises pursuant to article fifteen-A of the execu-
tive law or certified pursuant to local law as minority- or women-owned
business enterprises. The request for proposals shall also specify the
criteria to be used to evaluate the responses and the relative weight of
each of such criteria. Such criteria shall include the proposal's cost,
the quality of the proposal's solution, the qualifications and experi-
ence of the proposer, and other factors deemed pertinent by the [depart-
ment] AUTHORIZED ENTITY, which may include, but shall not be limited to,
the proposal's manner and schedule of project implementation, the
proposer's ability to complete the work in a timely and satisfactory
manner, maintenance costs of the completed public work, maintenance of
traffic approach, and community impact. A contract awarded pursuant to
this section shall be awarded to a responsive and responsible proposer,
which, in consideration of these and other specified criteria deemed
pertinent, offers the best value, as determined by the [department]
AUTHORIZED ENTITY. The [department] AUTHORIZED ENTITY may engage in
negotiations or other discussions with all qualified proposers that have
expressed interest in response to the request for proposals released
pursuant to subdivision (d) of this section, provided that such [depart-
ment] AUTHORIZED ENTITY maintains a written record of the conduct of
negotiations or discussions and the basis for every determination to
continue or suspend negotiations, and, provided, further, that if such
[department] AUTHORIZED ENTITY determines for a particular contract or
for a particular type of contract that it is in the best interest of the
public to negotiate or enter into discussions with fewer proposers, it
shall make such a determination in writing. If such [department] AUTHOR-
IZED ENTITY enters into such negotiations, such [department] AUTHORIZED
ENTITY shall allow all proposers to revise their proposals upon conclu-
sion of negotiations, and shall evaluate any such revised proposals
using the criteria included in the request for proposals. The request
for proposals shall include a statement that proposers shall designate
in writing those portions of the proposal that contain trade secrets or
other proprietary information that are to remain confidential; that the
material designated as confidential shall be readily separable from the
proposal. Nothing in this section shall be construed to prohibit the
authorized entity from negotiating final contract terms and conditions
including cost. All proposals submitted shall be scored according to
the criteria listed in the request for proposals and such final
scores shall be published on the authorized entity's website after
registration of such contract or the date upon which such contract may
be implemented, if registration requirements do not apply.
(f) The reporting requirement set forth in section thirteen of this
act shall apply to contracts procured pursuant to this section, provided
that the requirement that such report include a list of responding enti-
ties shall not apply to any contract where no such list was generated.
Such report shall include a description of the scope of work for each
project, whether the project used the design-build or construction
manager build method as described in subdivision (b) of this section,
the percentage of alternative project delivery contracts that used the
S. 3005 59 A. 3005
methods described in subdivision (b) of this section, the type of
contract described in subdivision (b) of section four of this act that
was used to procure the project, information regarding the total
contract price upon contract award, the total contract price upon final
completion of the project, the [department's] AUTHORIZED ENTITY'S
initial projected estimate of the cost of the project and the partic-
ipation rate of and total dollar value of monies paid to minority- and
women-owned business enterprises and small business concerns under
alternative project delivery contracts.
§ 2. This act shall take effect immediately; provided however, that
the amendments to chapter 749 of the laws of 2019 made by section one of
this act shall not affect the expiration and repeal of such chapter and
shall be deemed repealed therewith.
PART AA
Section 1. Subdivision 2 of section 13-b of the workers' compensation
law is amended by adding a new paragraph (b-2) to read as follows:
(B-2) UNDER THE SUPERVISION OF ANY AUTHORIZED PROVIDER, ANY RESIDENT
OR FELLOW WHO MAY PRACTICE MEDICINE AS AN EXEMPT PERSON AS PROVIDED FOR
IN TITLE EIGHT OF THE EDUCATION LAW, MAY RENDER MEDICAL CARE UNDER THIS
CHAPTER SO LONG AS THE SUPERVISORY REQUIREMENTS OF THE EDUCATION LAW ARE
MET AND NEITHER THE SUPERVISING PROVIDER NOR RESIDENT OR FELLOW HAVE
BEEN PROHIBITED FROM TREATING WORKERS' COMPENSATION CLAIMANTS PURSUANT
TO SECTION THIRTEEN-D OF THIS ARTICLE.
§ 2. This act shall take effect immediately.
PART BB
Section 1. Section 13-a of the workers' compensation law, as added by
chapter 258 of the laws of 1935, subdivision 1 as amended by chapter 363
of the laws of 1989, subdivision 2 as amended by chapter 113 of the laws
of 1946, subdivision 4 as amended by chapter 473 of the laws of 2000,
subdivisions 5 and 6 as amended by section 8 of part CC of chapter 55 of
the laws of 2019, and subdivision 7 as added by chapter 6 of the laws of
2007, is amended to read as follows:
§ 13-a. Selection of authorized [physician] PROVIDER by employee. (1)
An injured employee may, when care is required, select to treat [him or
her] THEM any [physician] PROVIDER authorized by the chair to render
medical care, as hereafter provided. If for any reason during the period
when medical treatment and care is required, the employee wishes to
transfer [his or her] THEIR treatment and care to another authorized
[physician] PROVIDER, [he or she] THEY may do so, in accordance with
rules prescribed by the chair. In such instance the remuneration of the
[physician] PROVIDER whose services are being dispensed with shall be
limited to the value of treatment rendered at fees as established in the
schedule for [his or her] THEIR location, unless payment in higher
amounts has been approved as authorized in [section thirteen, paragraph]
SUBDIVISION a OF SECTION THIRTEEN OF THIS ARTICLE. If a claimant shall
receive treatment in any hospital or other institution operated in whole
or in part by the state of New York, the employer shall be liable for
food, clothing and maintenance furnished by the hospital or other insti-
tution to such employee. If the employee is unable due to the nature of
the injury to select such authorized [physician] PROVIDER and the emer-
gency nature of the injury requires immediate medical treatment and
care, or if [he or she does] THEY DO not desire to select a [physician]
S. 3005 60 A. 3005
PROVIDER, and in writing so advises the employer, the employer shall
promptly provide [him or her] THEM with the necessary medical care,
provided however, that nothing herein contained shall operate to prevent
such employee, when subsequently able to do so, from selecting for
continuance of any medical treatment or care required, any [physician]
PROVIDER authorized by the chair to render medical care as hereinafter
provided.
(2) The [chairman] CHAIR shall prescribe the form of a notice inform-
ing employees of their privilege under this chapter, and such notice
shall be posted and maintained by the employer in a conspicuous place or
places in and about [his] THEIR place or places of business.
(3) The employer shall have the right to transfer the care of an
injured employee from the attending [physician] PROVIDER, whether chosen
originally by the employee or by the employer, to another authorized
[physician] PROVIDER (1) if the interest of the injured employee neces-
sitates the transfer or (2) if the [physician has not been authorized to
treat injured employees under this act or (3) if he has not been author-
ized under this act to treat the particular injury or condition as
provided by section thirteen-b (2)] PROVIDER IS CURRENTLY PLACED ON THE
EXCLUSION LIST. An authorized [physician] PROVIDER from whom the case
has been transferred shall have the right of appeal to an arbitration
committee as provided in subdivision two of section thirteen-g OF THIS
ARTICLE and if said arbitration committee finds that the transfer was
not authorized by this section, said employer shall pay to the [physi-
cian] PROVIDER a sum equal to the total fee earned by the [physician]
PROVIDER to whom the care of the injured employee has been transferred,
or such proportion of said fee as the arbitration committee shall deem
adequate.
(4) (a) No claim for medical or surgical treatment shall be valid and
enforceable, as against such employer, or employee, unless within
forty-eight hours following the first treatment the [physician] PROVIDER
giving such treatment furnishes to the employer and directly to the
chair a preliminary notice of such injury and treatment, within fifteen
days thereafter a more complete report and subsequent thereto progress
reports if requested in writing by the chair, board, employer or insur-
ance carrier at intervals of not less than three weeks apart or at less
frequent intervals if requested on forms prescribed by the chair. The
board may excuse failure to give such notices within the designated
periods when it finds it to be in the interest of justice to do so.
(b) Upon receipt of the notice provided for by paragraph (a) of this
subdivision, the employer, the carrier, and the claimant each shall be
entitled to have the claimant examined by a [physician] PROVIDER author-
ized by the chair in accordance with sections thirteen-b and one hundred
thirty-seven of this chapter, at a medical facility convenient to the
claimant and in the presence of the claimant's [physician] PROVIDER, and
refusal by the claimant to submit to such independent medical examina-
tion at such time or times as may reasonably be necessary in the opinion
of the board, shall bar the claimant from recovering compensation for
any period during which [he or she] THE CLAIMANT has refused to submit
to such examination. No hospital shall be required to produce the
records of any claimant without receiving its customary fees or charges
for reproduction of such records.
(c) Where it would place an unreasonable burden upon the employer or
carrier to arrange for, or for the claimant to attend, an independent
medical examination by an authorized [physician] PROVIDER, the employer
or carrier shall arrange for such examination to be performed by a qual-
S. 3005 61 A. 3005
ified [physician] PROVIDER in a medical facility convenient to the
claimant.
(d) The independent medical examiner shall provide such reports and
shall submit to investigation as required by the chair.
(e) In order to qualify as admissible medical evidence, for purposes
of adjudicating any claim under this chapter, any report submitted to
the board by an independent medical examiner licensed by the state of
New York shall include the following:
(i) a signed statement certifying that the report is a full and truth-
ful representation of the independent medical examiner's professional
opinion with respect to the claimant's condition:
(ii) such examiner's board issued authorization number;
(iii) the name of the individual or entity requesting the examination;
(iv) if applicable, the registration number as required by section
thirteen-n of this article; and
(v) such other information as the chair may require by regulation.
Any report by an independent medical examiner who is not authorized,
and who performs an independent medical examination in accordance with
paragraph (c) of this subdivision, which is to be used as medical
evidence under this chapter, shall include in the report such informa-
tion as the chair may require by regulation.
(5) No claim for specialist consultations, surgical operations,
physiotherapeutic or occupational therapy procedures, x-ray examinations
or special diagnostic laboratory tests costing more than one thousand
dollars shall be valid and enforceable, as against such employer, unless
such special services shall have been authorized by the employer or by
the board, or unless such authorization has been unreasonably withheld,
or withheld for a period of more than thirty calendar days from receipt
of a request for authorization, or unless such special services are
required in an emergency, provided, however, that the basis for a denial
of such authorization by the employer must be based on a conflicting
second opinion rendered by a [physician] PROVIDER authorized by the
board. The board, with the approval of the superintendent of financial
services, shall issue and maintain a list of pre-authorized procedures
under this section. Such list of pre-authorized procedures shall be
issued and maintained for the purpose of expediting authorization of
treatment of injured workers. Such list of pre-authorized procedures
shall not prohibit varied treatment when the treating provider demon-
strates the appropriateness and medical necessity of such treatment.
(6) (a) Any interference by any person with the selection by an
injured employee of an authorized [physician] PROVIDER to treat [him]
SUCH EMPLOYEE, except when the selection is made pursuant to article
ten-A of this chapter, and the improper influencing or attempt by any
person improperly to influence the medical opinion of any [physician]
PROVIDER who has treated or examined an injured employee, shall be a
misdemeanor; provided, however, that it shall not constitute interfer-
ence or improper influence if, in the presence of such injured employ-
ee's [physician] PROVIDER, an employer, [his] THE EMPLOYER'S carrier or
agent should recommend or provide information concerning rehabilitation
services or the availability thereof to an injured employee or [his] THE
EMPLOYEE'S family.
(b) Except as otherwise permitted by law, an employer, carrier, or
third-party administrator shall not interfere or attempt to interfere
with the selection by an injured employee of, or treatment by, an
authorized medical provider, including by directing or attempting to
direct that the injured employee seek treatment from a specific provider
S. 3005 62 A. 3005
or type of provider selected by the employer, carrier, or third-party
administrator. It shall not constitute improper interference under this
paragraph if the direction or attempt to direct the injured employee to
receive treatment from a specific provider or type of provider origi-
nates from the authorized medical provider while in the course of
providing treatment to the injured employee.
(i) Notwithstanding any other provision in this chapter, the chair
shall by regulation establish a performance standard concerning the
subject of any penalty imposed under this paragraph against an employer,
carrier or third-party administrator. The performance standard estab-
lished by the chair shall be used to measure compliance with this para-
graph by employers, carriers and third-party administrators. The chair
shall apply the performance standard based on multiple factors, includ-
ing but not limited to, findings of improper interference submitted as
complaints to the board's monitoring unit, unreasonable objections to
medical care, unwarranted objections to variances, medical billing
disputes, case delays brought about by employers, carriers and third-
party administrators, and the unreasonable denial of medical care.
(ii) Upon validating an allegation that the employer, carrier or
third-party administrator has failed to meet the promulgated performance
standard, a penalty shall be assessed by the board upon notice to the
employer, carrier or third-party administrator. The board shall impose
such penalty against the carrier, employer or third-party administrator
in the amount of fifty dollars per violation identified in subparagraph
(i) of this paragraph. The penalties for violations identified in
subparagraph (i) of this paragraph, may be aggregated into a single
penalty upon a finding that an employer, carrier or third-party adminis-
trator has interfered with an injured employee's necessary medical
treatment and care. Such aggregate penalty or assessment shall be based
upon the number of violations as multiplied against the applicable
penalty or assessment, but may be negotiated by the chair's designee in
full satisfaction of the penalty or assessment. Any aggregate penalty or
assessment issued under this paragraph shall be issued administratively,
and the chair shall, by regulation, specify the method of review or
redetermination, and the presentment of evidence and objections shall
occur solely upon the documentation. Any final determination shall be
subject to review under section twenty-three of this article but penal-
ties may not be subject to a stay. A final determination that an employ-
er, carrier or third-party administrator has engaged in a pattern of
interference with an injured worker's access to medically necessary
medical care shall result in the imposition of an aggregate penalty and
publication of notice of such finding on the board's web page.
(7)(a) Notwithstanding any other provision of this chapter to the
contrary, any insurance carrier authorized to transact the business of
workers' compensation insurance in this state, self-insurer or the state
insurance fund may contract with a network or networks, legally and
properly organized, to perform diagnostic tests, x-ray examinations,
magnetic resonance imaging, or other radiological examinations or tests
of claimants and may require claimant to obtain or undergo such diagnos-
tic test, x-ray examinations, magnetic resonance imaging or other radio-
logical examinations or tests with a provider or at a facility that is
affiliated with the network or networks with which the carrier
contracts, except if a medical emergency occurs requiring an immediate
diagnostic test, x-ray examination, magnetic resonance imaging or other
radiological examination or test or if the network with which the insur-
ance carrier, self-insurer or the state insurance fund contracts does
S. 3005 63 A. 3005
not have a provider or facility able to perform the examination or test
within a reasonable distance from the claimant's residence or place of
employment, as defined by regulation of the board.
(b) Any insurance carrier, self-insurer or the state insurance fund
which requires claimants to obtain or undergo diagnostic tests, x-ray
examinations, magnetic resonance imaging or other radiological examina-
tions or tests with a provider or at a facility affiliated with a
network or networks with which it contracts, must notify the claimant of
the name and contact information for the network or networks at the same
time the written statement of the claimant's rights as required by
subdivision two of section one hundred ten of this chapter or immediate-
ly after imposing such requirement if the time period within which the
written statement of the claimant's rights as required by subdivision
two of section one hundred ten of this chapter has expired.
(c) At the time a request for authorization for special diagnostic
tests, x-ray examinations, magnetic resonance imaging or other radiolog-
ical examinations or tests costing more than one thousand dollars as
required by subdivision five of this section is approved, the insurance
carrier, self-insurer or state insurance fund, or if so delegated the
network with which the insurance carrier, self-insurer or state insur-
ance fund has contracted, shall notify the [physician] PROVIDER request-
ing authorization of the requirement that the claimant obtain or undergo
the special diagnostic test, x-ray examination, magnetic resonance imag-
ing or other radiological examination or test with a provider or at a
facility affiliated with the network or networks with which it has
contracted, the contact information for the network and a list of the
providers and facilities within the claimant's geographic location, as
defined by regulation of the board. The claimant, in consultation with
the provider who requested the special diagnostic test, x-ray examina-
tion, magnetic resonance imaging or other radiological test or exam,
will determine the provider or facility from within the network which
will perform such diagnostic test, x-ray examination, magnetic resonance
imaging or other radiological examination or test.
(d) The results of the special diagnostic test, x-ray examination,
magnetic resonance imaging or other radiological test or exam must be
sent to the [physician] PROVIDER who requested the test or exam imme-
diately upon completion of the report detailing the results.
§ 2. Section 13-b of the workers' compensation law, as amended by
section 1 of part CC of chapter 55 of the laws of 2019, and paragraphs
(p) and (q) of subdivision 1 and paragraph (b-1) of subdivision 2 as
added by chapter 335 of the laws of 2024, is amended to read as follows:
§ 13-b. Authorization of providers, medical bureaus and laboratories
by the chair. 1. [No person shall render medical care or conduct inde-
pendent medical examinations under this chapter without such authori-
zation by the chair.] ANY PROVIDER AS DEFINED IN THIS SECTION SHALL BE
AUTHORIZED TO RENDER MEDICAL CARE UNDER THIS CHAPTER UNLESS THEY ARE
CURRENTLY EXCLUDED PURSUANT TO SECTION THIRTEEN-D OF THIS ARTICLE. INDE-
PENDENT MEDICAL EXAMINATIONS MAY ONLY BE PERFORMED BY A PHYSICIAN,
PODIATRIST, CHIROPRACTOR, OR PSYCHOLOGIST AUTHORIZED TO PERFORM SUCH
EXAMINATIONS BY THE CHAIR, OR AS SPECIFIED IN REGULATIONS, WHEN QUALI-
FIED BY THE BOARD. NO PROVIDER MAY CONDUCT INDEPENDENT MEDICAL EXAMINA-
TIONS UNLESS PERFORMED IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION
FOUR OF SECTION THIRTEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS
CHAPTER. As used in this title, the following definitions shall have the
following meanings unless their context requires otherwise:
S. 3005 64 A. 3005
(a) "Acupuncturist" shall mean licensed as having completed a formal
course of study and having passed an examination in accordance with the
education law, the regulations of the commissioner of education, and the
requirements of the board of regents. Acupuncturists are required by the
education law to advise, in writing, each patient of the importance of
consulting with a physician for the condition or conditions necessitat-
ing acupuncture care, as prescribed by the education law.
(b) "Chair" of the board shall mean either the chair or the chair's
designee.
(c) "Chiropractor" shall mean licensed and having completed two years
of preprofessional college study and a four-year resident program in
chiropractic in accordance with the education law, and consistent with
the licensing requirements of the commissioner of education.
(d) "Dentist" shall mean licensed and having completed a four-year
course of study leading to a D.D.S. or D.D.M. degree, or an equivalent
degree, in accordance with the education law and the licensing require-
ments of the commissioner of education.
(e) "Employer" shall mean a self-insured employer or, if insured, the
insurance carrier.
(f) "Independent medical examination" shall mean an examination
performed by a physician, podiatrist, chiropractor or psychologist,
authorized under this section to perform such examination, for the
purpose of examining or evaluating injury or illness pursuant to para-
graph (b) of subdivision four of section thirteen-a and section one
hundred thirty-seven of this chapter and as more fully set forth in
regulation.
(g) "Nurse practitioner" shall mean a licensed registered professional
nurse certified pursuant to section sixty-nine hundred ten of the educa-
tion law acting within their lawful scope of practice.
(h) "Occupational therapist" shall mean licensed as having at least a
bachelor's or master's degree in occupational therapy from a registered
program with the education department or receipt of a diploma or degree
resulting from completion of not less than four years of postsecondary
study, which includes the professional study of occupational therapy in
accordance with the education law and the regulations of the commission-
er of education.
(i) "Physical therapist" shall mean licensed in accordance with the
education law and the licensing requirements of the commissioner of
education.
(j) "Physician" shall mean licensed with a degree of doctor of medi-
cine, M.D., or doctor of osteopathic medicine, D.O., or an equivalent
degree in accordance with the education law and the licensing require-
ments of the state board of medicine and the regulations of the commis-
sioner of education.
(k) "Physician assistant" shall mean a licensed provider who is
licensed as a physician assistant pursuant to section sixty-five hundred
forty-one of the education law.
(l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as
having received a doctoral degree in podiatric medicine in accordance
with the regulations of the commissioner of education and the education
law, and must satisfactorily meet all other requirements of the state
board for podiatric medicine.
(m) ["Provider"] "AUTHORIZED PROVIDER" OR "PROVIDER" shall mean a duly
licensed acupuncturist, chiropractor, nurse practitioner, occupational
therapist, physical therapist, physician, physician assistant, podia-
trist, psychologist, or social worker [authorized by the chair] AS
S. 3005 65 A. 3005
DEFINED IN THIS SECTION WHO IS NOT CURRENTLY EXCLUDED PURSUANT TO
SECTION THIRTEEN-D OF THIS ARTICLE.
(n) "Psychologist" shall mean licensed as having received a doctoral
degree in psychology from a program of psychology registered with the
state education department or the substantial equivalent thereof in
accordance with the education law, the requirements of the state board
for psychology, and the regulations of the commissioner of education.
(o) "Social worker" shall mean a licensed clinical social worker. A
licensed clinical social worker has completed a master's degree of
social work that includes completion of a core curriculum of at least
twelve credit hours of clinical courses or the equivalent post-graduate
clinical coursework, in accordance with the education law and the regu-
lations of the commissioner of education.
(p) "Physical therapist assistant" shall mean licensed in accordance
with the education law and the licensing requirements of the commission-
er of education.
(q) "Occupational therapy assistant" shall mean licensed in accordance
with the education law and the licensing requirements of the commission-
er of education.
(R) "EXCLUSION LIST" MEANS THE LIST PUBLISHED AND MAINTAINED BY THE
BOARD IN ACCORDANCE WITH SECTION THIRTEEN-D OF THIS ARTICLE LISTING
PROVIDERS WHO ARE CURRENTLY DISQUALIFIED FROM RENDERING CARE OR FROM
PERFORMING INDEPENDENT MEDICAL EXAMINATIONS UNDER THIS CHAPTER.
2. Any provider [licensed pursuant to the education law to provide
medical care and treatment in the state of New York may render emergency
care and treatment in an emergency hospital or urgent care setting
providing emergency treatment under this chapter without authorization
by the chair under this section;] RENDERING MEDICAL CARE UNDER THIS
CHAPTER MUST COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS AND GUIDANCE,
INCLUDING ANY APPLICABLE NEW YORK MEDICAL TREATMENT GUIDELINES AND THE
OFFICIAL NEW YORK MEDICAL FEE SCHEDULE(S).
(a) Such licensed provider as identified in this subdivision who is on
staff at any hospital or urgent care center providing emergency treat-
ment may continue such medical care under this chapter while an injured
employee remains a patient in such hospital or urgent care setting; and
(b) Under the direct supervision of an authorized provider, medical
care may be rendered by a registered nurse or other person trained in
laboratory or diagnostic techniques within the scope of such person's
specialized training and qualifications. This supervision shall be
evidenced by signed records of instructions for treatment and signed
records of the patient's condition and progress. Reports of such treat-
ment and supervision shall be made by such provider to the chair in the
format prescribed by the chair at such times as the chair may require.
(b-1) Under the direction and supervision of an authorized occupa-
tional therapist, occupational therapy services may be rendered by an
occupational therapy assistant. Under the direction and supervision of
an authorized physical therapist, physical therapy services may be
rendered by a physical therapist assistant. Where any such care or
treatment is rendered, records of the patient's condition and progress,
together with records of instruction for treatment, if any, shall be
maintained by the physical therapist or occupational therapist and by
the referring physician, physician assistant, podiatrist, or nurse prac-
titioner. Said records shall be submitted to the chair on forms and at
such times as the chair may require.
(c) Where it would place an unreasonable burden upon the employer or
carrier to arrange for, or for the claimant to attend, an independent
S. 3005 66 A. 3005
medical examination by an authorized provider, the employer or carrier
shall arrange for such examination to be performed by a qualified
provider in a medical facility convenient to the claimant.
(d) Upon the prescription or referral of an authorized physician,
physician assistant, podiatrist, or nurse practitioner acting within the
scope of [his or her] SUCH PERSON'S practice, care or treatment may be
rendered to an injured employee by an authorized physical therapist,
occupational therapist or acupuncturist provided the conditions and the
treatment performed are among the conditions that the physical thera-
pist, occupational therapist or acupuncturist is authorized to treat
pursuant to the education law or the regulations of the commissioner of
education. Where any such care or treatment is rendered, records of the
patient's condition and progress, together with records of instruction
for treatment, if any, shall be maintained by the physical therapist,
occupational therapist or acupuncturist rendering treatment and by the
referring physician, physician assistant, podiatrist, or nurse practi-
tioner. Said records shall be submitted to the chair on forms and at
such times as the chair may require.
(e) A record, report or opinion of a physical therapist, occupational
therapist, acupuncturist or physician assistant shall not be considered
as evidence of the causal relationship of any condition to a work
related accident or occupational disease under this chapter. Nor may a
record, report or opinion of a physical therapist, occupational thera-
pist or acupuncturist be considered evidence of disability. Nor may a
record, report or opinion of a physician assistant be considered
evidence of the presence of a permanent or initial disability or the
degree thereof.
(f) An independent medical examination performed in accordance with
section one hundred thirty-seven of this chapter, may only be performed
by a physician, podiatrist, chiropractor or psychologist authorized to
perform such examinations by the chair, or as specified in regulation,
when qualified by the board.
3. [A provider] IN ORDER TO PERFORM INDEPENDENT MEDICAL EXAMINATIONS
IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION THIR-
TEEN-A AND SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, A PHYSI-
CIAN, PODIATRIST, CHIROPRACTOR, OR PSYCHOLOGIST properly licensed or
certified pursuant to the regulations of the commissioner of education
and the requirements of the education law [desirous of being authorized
to render medical care under this chapter and/or to conduct independent
medical examinations in accordance with paragraph (b) of subdivision
four of section thirteen-a and section one hundred thirty-seven of this
chapter] shall file an application for authorization under this chapter
with the chair or chair's designee AS PROVIDED FOR IN THE APPLICABLE
REGULATIONS, CURRENTLY SECTION 300.2 OF TITLE 12 NYCRR. [Prior to
receiving authorization, a physician must, together with submission of
an application to the chair, submit such application to the medical
society of the county in which the physician's office is located or of a
board designated by such county society or of a board representing duly
licensed physicians of any other school of medical practice in such
county, and such medical society shall submit the recommendation to the
board. In the event such county society or board fails to take action
upon a physician's completed and signed application within forty-five
days, the chair may complete review of the application without such
approval. Upon approval of the application by the chair or the chair's
designee, the applicant shall further agree to refrain from subsequently
treating for remuneration, as a private patient, any person seeking
S. 3005 67 A. 3005
medical treatment, or submitting to an independent medical examination,
in connection with, or as a result of, any injury compensable under this
chapter, if he or she has been removed from the list of providers
authorized to render medical care or to conduct independent medical
examinations under this chapter, or if the person seeking such treat-
ment, or submitting to an independent medical examination, has been
transferred from his or her care in accordance with the provisions of
this chapter. This agreement shall run to the benefit of the injured
person so treated or examined, and shall be available to him or her as a
defense in any action by such provider for payment for treatment
rendered by a provider after he or she has been removed from the list of
providers authorized to render medical care or to conduct independent
medical examinations under this chapter, or after the injured person was
transferred from his or her care in accordance with the provisions of
this chapter.]
4. Laboratories and bureaus engaged in x-ray diagnosis or treatment or
in physiotherapy or other therapeutic procedures and which participate
in the diagnosis or treatment of injured workers under this chapter
shall be operated or supervised by providers authorized under this chap-
ter and shall be subject to the provisions of section thirteen-c of this
article. The person in charge of diagnostic clinical laboratories duly
authorized under this chapter shall possess the qualifications estab-
lished by the public health and health planning council for approval by
the state commissioner of health or, in the city of New York, the quali-
fications approved by the board of health of said city and shall main-
tain the standards of work required for such approval.
§ 3. Section 13-d of the workers' compensation law, as amended by
section 2 of part CC of chapter 55 of the laws of 2019, is amended to
read as follows:
§ 13-d. [Removal of providers from lists of those authorized to render
medical care or to conduct independent medical examinations] PLACEMENT
OF PROVIDERS ON THE EXCLUSION LIST. 1. [The medical society of the coun-
ty in which the physician's office is located at the time or a board
designated by such county society or a board representing duly licensed
physicians of any other school of medical practice in such county shall
investigate, hear and make findings with respect to all charges as to
professional or other misconduct of any authorized physician as herein
provided under rules and procedure to be prescribed by the medical
appeals unit, and shall report evidence of such misconduct, with their
findings and recommendation with respect thereto, to the chair. Failure
to commence such investigation within sixty days from the date the
charges are referred to the society by the chair or submit findings and
recommendations relating to the charges within one hundred eighty days
from the date the charges are referred shall empower the chair to
appoint, as a hearing officer, a member of the board, employee, or other
qualified hearing officer to hear and report on the charges to the
chair. A qualified hearing officer, who is neither a member of the
board, or employee thereof shall be paid at a reasonable per diem rate
to be fixed by the chair.
Such investigation, hearing, findings, recommendation and report may
be made by the society or board of an adjoining county upon the request
of the medical society of the county in which the alleged misconduct or
infraction of this chapter occurred, subject to the time limit and
conditions set forth herein. The medical appeals unit shall review the
findings and recommendation of such medical society or board, or hearing
officer appointed by the chair upon application of the accused physician
S. 3005 68 A. 3005
and may reopen the matter and receive further evidence. The findings,
decision and recommendation of such society, board or hearing officer
appointed by the chair or medical appeals unit shall be advisory to the
chair only, and shall not be binding or conclusive upon him or her.] IN
ACCORDANCE WITH THIS SECTION, THE CHAIR SHALL PUBLISH AND MAINTAIN AN
EXCLUSION LIST OF PROVIDERS CURRENTLY DISQUALIFIED FROM RENDERING
MEDICAL CARE UNDER THIS CHAPTER OR TO CONDUCT INDEPENDENT MEDICAL EXAM-
INATIONS IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION
THIRTEEN-A OF THIS ARTICLE.
2. [The chair shall remove from the list of providers authorized to
render medical care under this chapter, or to conduct independent
medical examinations in accordance with paragraph (b) of subdivision
four of section thirteen-a of this article,] THE EXCLUSION LIST SHALL
PUBLISH the name of any provider who [he or she shall find] IS FOUND
after reasonable investigation [is] TO BE disqualified because such
provider:
(a) has been guilty of professional or other misconduct or incompeten-
cy in connection with rendering medical services under the law; or
(b) has exceeded the limits of [his or her] THEIR professional compe-
tence in rendering medical care or in conducting independent medical
examinations under the law, or has, AS APPLICABLE, made materially false
statements regarding [his or her] THEIR qualifications in [his or her]
THEIR application [for the recommendation of the medical society or
board as provided in section thirteen-b of this article]; or
(c) has failed to transmit copies of medical reports to claimant's
attorney or licensed representative as provided in subdivision (f) of
section thirteen of this article; or has failed to submit full and
truthful medical reports of all [his or her] THEIR findings to the
employer, and directly to the chair or the board within the time limits
provided in subdivision four of section thirteen-a of this article with
the exception of injuries which do not require (1) more than ordinary
first aid or more than two treatments by a provider or person rendering
first aid, or (2) loss of time from regular duties of one day beyond the
working day or shift; or
(d) knowingly made a false statement or representation as to a materi-
al fact in any medical report OR IN ANY SUBMISSION TO THE BOARD, made
pursuant to this chapter or in testifying or otherwise providing infor-
mation for the purposes of this chapter; or
(e) has solicited, or has employed another to solicit for [himself or
herself] THEMSELF or for another, professional treatment, examination or
care of an injured employee in connection with any claim under this
chapter; or
(f) has refused to appear before, to testify, to submit to a deposi-
tion, or to answer upon request of, the chair, board, [medical appeals
unit] or any duly authorized officer of the state, any legal question,
or to produce any relevant book or paper concerning [his or her] THEIR
conduct [under any authorization granted to him or her] IN RENDERING
MEDICAL CARE OR IN THE PERFORMANCE OF AN INDEPENDENT MEDICAL EXAMINATION
under this chapter, INCLUDING WHEN A PROVIDER HAS ACCEPTED PAYMENTS FROM
BOTH THE HEALTH INSURER AND EMPLOYER OR CARRIER AND FAILED TO REIMBURSE
THE HEALTH INSURER AFTER THEY ARE GIVEN NOTICE; or
(g) has directly or indirectly requested, received or participated in
the division, transference, assignment, rebating, splitting or refunding
of a fee for, or has directly or indirectly requested, received or prof-
ited by means of a credit or other valuable consideration as a commis-
sion, discount or gratuity in connection with the furnishing of medical
S. 3005 69 A. 3005
or surgical care, an independent medical examination, diagnosis or
treatment or service, including X-ray examination and treatment, or for
or in connection with the sale, rental, supplying or furnishing of clin-
ical laboratory services or supplies, X-ray laboratory services or
supplies, inhalation therapy service or equipment, ambulance service,
hospital or medical supplies, physiotherapy or other therapeutic service
or equipment, artificial limbs, teeth or eyes, orthopedic or surgical
appliances or supplies, optical appliances, supplies or equipment,
devices for aid of hearing, drugs, medication or medical supplies, or
any other goods, services or supplies prescribed for medical diagnosis,
care or treatment, under this chapter; except that reasonable payment,
not exceeding the technical component fee permitted in the medical fee
schedule, established under this chapter for X-ray examinations, diagno-
sis or treatment, may be made by a provider duly authorized as a roent-
genologist to any hospital furnishing facilities and equipment for such
examination, diagnosis or treatment, provided such hospital does not
also submit a charge for the same services. Nothing contained in this
paragraph shall prohibit such providers who practice as partners, in
groups or as a professional corporation or as a university faculty prac-
tice corporation from pooling fees and moneys received, either by the
partnership, professional corporation, university faculty practice
corporation or group by the individual members thereof, for professional
services furnished by any individual professional member, or employee of
such partnership, corporation or group, nor shall the professionals
constituting the partnerships, corporations, or groups be prohibited
from sharing, dividing or apportioning the fees and moneys received by
them or by the partnership, corporation or group in accordance with a
partnership or other agreement[.]; OR
(H) HAS DEMONSTRATED A REPEATED FAILURE TO FOLLOW THE LAWS OF THIS
CHAPTER AND APPLICABLE LAWS, REGULATIONS, AND GUIDANCE, INCLUDING ANY
APPLICABLE NEW YORK MEDICAL TREATMENT GUIDELINES AND THE OFFICIAL NEW
YORK MEDICAL FEE SCHEDULE(S); OR
(I) HAS MISREPRESENTED THEIR CREDENTIALS.
3. Any person who violates or attempts to violate, and any person who
aids another to violate or attempts to induce [him or her] THEM to
violate the provisions of paragraph (g) of subdivision two of this
section shall be guilty of a misdemeanor.
4. Nothing in this section shall be construed as limiting in any
respect the power or duty of the chair to investigate instances of
misconduct, either before or after investigation by a medical society or
board as herein provided, or to temporarily [suspend the authorization
of] ADD any provider TO THE EXCLUSION LIST that [he or she] THE CHAIR OR
THE CHAIR'S DESIGNEE may believe to be guilty of such misconduct.
5. Whenever the department of health or the department of education
shall conduct an investigation with respect to charges of professional
or other misconduct by a provider which results in a report, determi-
nation or consent order that includes a finding of professional or other
misconduct or incompetency by such provider, the chair shall have full
power and authority to temporarily [suspend, revoke or otherwise limit
the authorization under this chapter of] ADD any provider TO THE EXCLU-
SION LIST upon such finding by the department of health or the depart-
ment of education that the provider has been guilty of professional or
other misconduct. The recommendations of the department of health or the
department of education shall be advisory to the chair only and shall
not be binding or conclusive upon the chair.
S. 3005 70 A. 3005
§ 4. Subdivision 1 of section 13-f of the workers' compensation law,
as amended by chapter 353 of the laws of 1990, is amended to read as
follows:
(1) Fees for medical services shall be payable only to a physician or
other qualified person permitted by [sections] SECTION thirteen-b[,
thirteen-k, thirteen-l and thirteen-m] of this [chapter] ARTICLE or
other authorized provider of health care under the education law or the
public health law permitted to render medical care or treatment under
this chapter, or to the agent, executor or administrator of the estate
of such [physician] PROVIDER or such other qualified person. Except as
provided in section thirteen-d of this [chapter] ARTICLE, no provider of
health care rendering medical care or treatment to a compensation claim-
ant, shall collect or receive a fee from such claimant within this
state, but shall have recourse for payment of services rendered only to
the employer under the provisions of this chapter. Any compensation
claimant who pays a fee to a provider of health care for medical care or
treatment under this chapter shall have a cause of action against such
provider of health care for the recovery of the money paid, which cause
of action may be assigned to the chair in trust for the assigning claim-
ant. All such assignments shall run to the chair. The chair may sue the
physician, or other authorized provider of health care as herein
described on the assigned cause of action with the benefits and subject
to the provisions of existing law applying to such actions by the claim-
ant [himself or herself] THEMSELF. Hospitals shall not be entitled to
receive the remuneration paid to physicians on their staff for medical
and surgical services.
§ 5. Section 13-g of the workers' compensation law is amended by
adding a new subdivision 5 to read as follows:
(5) WHEN A PROVIDER OR SUPPLIER HAS KNOWLEDGE THAT AN EMPLOYER HAS
CONTROVERTED OR DENIED A CLAIM, OR RECEIVES A DENIAL OF A MEDICAL BILL
AND THE BASIS OF DENIAL IS THAT THE CLAIM IS CONTROVERTED, THE PROVIDER
MAY SUBMIT THE BILL TO THE PATIENT'S HEALTH INSURANCE. THE PROVIDER MAY
NOT REQUIRE A COPAYMENT OR COINSURANCE FROM THE PATIENT, AND MAY NOT
OTHERWISE BILL THE PATIENT, WHILE THE DETERMINATION OF RESPONSIBILITY
FOR THE CLAIM IS PENDING. IF THE PATIENT DOES NOT HAVE HEALTH INSURANCE,
THE PROVIDER MAY NOT BILL THE PATIENT DIRECTLY WHILE DETERMINATION OF
RESPONSIBILITY FOR THE CLAIM IS PENDING.
§ 6. Section 13-k of the workers' compensation law is REPEALED.
§ 7. Section 13-l of the workers' compensation law is REPEALED.
§ 8. Section 13-m of the workers' compensation law is REPEALED.
§ 9. Section 141 of the workers' compensation law, as amended by chap-
ter 6 of the laws of 2007, is amended to read as follows:
§ 141. General powers and duties of the chair. The chair shall be the
administrative head of the workers' compensation board and shall exer-
cise the powers and perform the duties in relation to the administration
of this chapter heretofore vested in the commissioner of labor by chap-
ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
ry thereof, and by this chapter excepting article six thereof, and
except in so far as such powers and duties are vested by this chapter in
the workers' compensation board. The chair shall preside at all meetings
of the board and shall appoint all committees and panels of the board;
shall designate the times and places for the hearing of claims under
this chapter and shall perform all administrative functions of the board
as in this chapter set forth. The chair, in the name of the board, shall
enforce all the provisions of this chapter, and may make administrative
regulations and orders providing for the receipt, indexing and examining
S. 3005 71 A. 3005
of all notices, claims and reports, for the giving of notice of hearings
and of decisions, for certifying of records, for the fixing of the times
and places for the hearing of claims, and for providing for the conduct
of hearings and establishing of calendar practice to the extent not
inconsistent with the rules of the board. The chair shall [issue and may
revoke certificates of authorization of physicians, chiropractors and
podiatrists as provided in sections thirteen-a, thirteen-k and thir-
teen-1 of this chapter] PUBLISH AND MAINTAIN AN EXCLUSION LIST, IN
ACCORDANCE WITH SECTION THIRTEEN-D OF THIS CHAPTER, FOR PROVIDERS AS
DEFINED IN SECTION THIRTEEN-B OF THIS CHAPTER CURRENTLY DISQUALIFIED
FROM PROVIDING MEDICAL CARE OR FROM PERFORMING INDEPENDENT MEDICAL EXAM-
INATIONS IN ACCORDANCE WITH PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION
THIRTEEN-A OF THIS CHAPTER, and licenses for medical bureaus and x-ray
and other laboratories under the provisions of section thirteen-c of
this chapter, issue stop work orders as provided in section one hundred
forty-one-a of this article, and shall have and exercise all powers not
otherwise provided for herein in relation to the administration of this
chapter heretofore expressly conferred upon the commissioner of labor by
any of the provisions of this chapter, or of the labor law. The chair,
on behalf of the workers' compensation board, shall enter into the
agreement provided for in section one hundred seventy-one-h of the tax
law, and shall take such other actions as may be necessary to carry out
the agreement provided for in such section for matching beneficiary
records of workers' compensation with information provided by employers
to the state directory of new hires for the purposes of verifying eligi-
bility for such benefits and for administering workers' compensation.
§ 10. This act shall take effect January 1, 2027.
PART CC
Section 1. Subdivisions 1, 2 and 3 of section 21-a of the workers'
compensation law, as amended by chapter 6 of the laws of 2007, are
amended to read as follows:
1. Notwithstanding any other provision of this chapter to the contra-
ry, in any instance in which an employer is unsure of the extent of its
liability for a claim for compensation by an injured employee pursuant
to this chapter, such employer may initiate compensation payments and
payments for MEDICAL TREATMENT AND CARE, INCLUDING prescribed medicine
and continue such payments for one year, without prejudice and without
admitting liability, in accordance with a notice of temporary payment of
compensation, on a form prescribed by the board.
2. The notice of temporary payment of compensation authorized by
subdivision one of this section shall be delivered to the injured
employee and the board. Such notice shall notify the injured employee
that the temporary payment of compensation and MEDICAL TREATMENT AND
CARE, INCLUDING prescribed medicine shall not be deemed to be an admis-
sion of liability by the employer for the injury or injuries to the
employee. The board, upon receipt of a notice of temporary payment of
compensation, shall send a notice to the injured employee stating that:
(a) the board has received a notice of temporary payment of compen-
sation relating to such injured employee;
(b) the payment of temporary compensation and MEDICAL TREATMENT AND
CARE, INCLUDING prescribed medicine and the injured employee's accept-
ance of such temporary compensation and MEDICAL TREATMENT AND CARE,
INCLUDING prescribed medicine shall not be an admission of liability by
the employer, nor prejudice the claim of the injured employee;
S. 3005 72 A. 3005
(c) the payment of temporary compensation and MEDICAL TREATMENT AND
CARE, INCLUDING prescribed medicine shall terminate on the elapse of:
one year, or the employer's contesting of the injured employee's claim
for compensation and MEDICAL TREATMENT AND CARE, INCLUDING prescribed
medicine, or the board determination of the injured employee's claim,
whichever is first; and
(d) the injured employee may be required to enter into an agreement
with the employer to ensure the continuation of payments of temporary
compensation and MEDICAL TREATMENT AND CARE, INCLUDING prescribed medi-
cine.
3. An employer may cease making temporary payments of compensation and
MEDICAL TREATMENT AND CARE, INCLUDING prescribed medicine if such
employer delivers within five days after the last payment, to the
injured employee and the board, a notice of termination of temporary
payments of compensation on a form prescribed by the board. Such notice
shall inform the injured employee that the employer is ceasing temporary
payment of compensation and MEDICAL TREATMENT AND CARE, INCLUDING
prescribed medicine. Upon the cessation of temporary payments of compen-
sation and MEDICAL TREATMENT AND CARE, INCLUDING prescribed medicine,
all parties to any action pursuant to this chapter shall retain all
rights, defenses and obligations they would otherwise have pursuant to
this chapter without regard for the temporary payment of compensation
and MEDICAL TREATMENT AND CARE, INCLUDING prescribed medicine.
§ 2. This act shall take effect January 1, 2027.
PART DD
Section 1. Paragraph 1 of subdivision (d) of section 13 of the work-
ers' compensation law, as amended by chapter 419 of the laws of 2000, is
amended to read as follows:
(1) [In] AN INSURER OR HEALTH BENEFITS PLAN SHALL MAKE PAYMENTS FOR
OTHERWISE COVERED MEDICAL AND/OR HOSPITAL SERVICES FOR OR ON BEHALF OF
AN INJURED EMPLOYEE WHEN THE CLAIM IS CONTROVERTED AND THE INSURER OR
HEALTH BENEFITS PLAN RECEIVES FROM THE PROVIDER OF THE MEDICAL AND/OR
HOSPITAL SERVICES WHO IS TREATING THE INJURED EMPLOYEE A WRITTEN NOTICE
FROM THE CARRIER OR EMPLOYER THAT THE CARRIER OR EMPLOYER DENIED PAYMENT
FOR THE MEDICAL AND/OR HOSPITAL SERVICES. THE INSURER OR HEALTH BENEFITS
PLAN SHALL BE ENTITLED TO BE REIMBURSED FOR SUCH PAYMENTS BY THE CARRIER
OR EMPLOYER WITHIN THE LIMITS OF THE MEDICAL AND HOSPITAL FEE SCHEDULES
ADOPTED BY THE CHAIR IF THE BOARD DETERMINES THAT THE CLAIM IS COMPENSA-
BLE. ADDITIONALLY, IN the event that an insurer or health benefits plan
makes payments for medical and/or hospital services for or on behalf of
an injured employee WHEN THE CLAIM IS NOT CONTROVERTED, they shall be
entitled to be reimbursed for such payments by the carrier or employer
within the limits of the medical and hospital fee schedules ADOPTED BY
THE CHAIR if the board determines that the claim is compensable. For the
purposes of this section, an insurer or health benefits plan includes a
medical expense indemnity corporation, a health or hospital service
corporation, a commercial insurance company licensed to write accident
and health insurance in the state of New York, AN INSTITUTION OF HIGHER
EDUCATION CERTIFIED UNDER SECTION ELEVEN HUNDRED TWENTY-FOUR OF THE
INSURANCE LAW, AS ADDED BY CHAPTER TWO HUNDRED FORTY-SIX OF THE LAWS OF
TWO THOUSAND TWELVE A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN UNDER
ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, a health maintenance organiza-
tion operating in accordance with article forty-three of the insurance
law or article forty-four of the public health law, or a self-insured or
S. 3005 73 A. 3005
self-funded health care benefits plan operated by, or on behalf of, any
business, municipality or other entity (including an employee welfare
fund as defined in article forty-four of the insurance law or any other
union trust fund or union health benefits plan). Notwithstanding any
other provision of law, in no event shall the carrier or employer be
required to reimburse the insurer or health benefits plan in an amount
greater than the amount paid for medical and hospital services for or on
behalf of the injured [employer] EMPLOYEE by such [corporation] INSURER
or [company] HEALTH BENEFITS PLAN; provided, however, if the carrier or
employer does not reimburse the insurer or health benefits plan within
thirty days after the board determines that the claim is compensable,
the carrier or employer shall reimburse the insurer or health benefits
plan at the amount the carrier or employer would be obligated to reim-
burse the hospital or other provider of medical services if the carrier
or employer made payment directly to the provider of medical and/or
hospital services pursuant to this chapter (or, in the case of inpatient
hospital services, pursuant to paragraphs (b) and (b-1) of subdivision
one of section twenty-eight hundred seven-c of the public health law).
Upon reimbursement to the insurer or health benefits plan pursuant to
this subdivision, the carrier or employer shall be relieved of liability
for the medical and/or hospital services for which payment has been made
by the insurer or health benefits plan.
§ 2. The insurance law is amended by adding new section 3224-e to read
as follows:
§ 3224-E. PAYMENT OF CONTROVERTED WORKERS' COMPENSATION INSURANCE
CLAIMS. (A) PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION
THIRTEEN OF THE WORKERS' COMPENSATION LAW, AN INSURER SHALL MAKE
PAYMENTS FOR OTHERWISE COVERED MEDICAL OR HOSPITAL SERVICES WHEN THE
WORKERS' COMPENSATION INSURANCE CLAIM IS CONTROVERTED AND THE INSURER
RECEIVES FROM THE PROVIDER OF THE MEDICAL OR HOSPITAL SERVICES WHO IS
TREATING THE INJURED EMPLOYEE A WRITTEN NOTICE FROM THE WORKERS' COMPEN-
SATION INSURER OR EMPLOYER THAT THE WORKERS' COMPENSATION INSURER OR
EMPLOYER DENIED PAYMENT FOR THE MEDICAL OR HOSPITAL SERVICES. THE INSUR-
ER SHALL BE ENTITLED TO BE REIMBURSED FOR SUCH PAYMENTS BY THE WORKERS'
COMPENSATION INSURER OR EMPLOYER WITHIN THE LIMITS OF THE MEDICAL AND
HOSPITAL FEE SCHEDULES OF THE CHAIR OF THE WORKERS' COMPENSATION BOARD
IF THE WORKERS' COMPENSATION BOARD DETERMINES THAT THE CLAIM IS COMPENS-
ABLE.
(B) FOR THE PURPOSE OF THIS SECTION, "INSURER" SHALL MEAN AN INSURER
AUTHORIZED TO WRITE ACCIDENT AND HEALTH INSURANCE IN THIS STATE, AN
ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED PURSUANT TO ARTICLE
FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW, OR AN INSTITUTION OF HIGHER EDUCATION CERTIFIED UNDER
SECTION ELEVEN HUNDRED TWENTY-FOUR OF THIS CHAPTER, AS ADDED BY CHAPTER
TWO HUNDRED FORTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE.
§ 3. This act shall take effect January 1, 2026 and shall apply to all
policies and contracts issued or renewed on or after such date.
PART EE
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Local government records management account (20501).
S. 3005 74 A. 3005
3. Child health plus program account (20810).
4. EPIC premium account (20818).
5. Education - New (20901).
6. VLT - Sound basic education fund (20904).
7. Sewage treatment program management and administration fund
(21000).
8. Hazardous bulk storage account (21061).
9. Utility environmental regulatory account (21064).
10. Federal grants indirect cost recovery account (21065).
11. Low level radioactive waste account (21066).
12. Recreation account (21067).
13. Public safety recovery account (21077).
14. Environmental regulatory account (21081).
15. Natural resource account (21082).
16. Mined land reclamation program account (21084).
17. Great lakes restoration initiative account (21087).
18. Environmental protection and oil spill compensation fund (21200).
19. Public transportation systems account (21401).
20. Metropolitan mass transportation (21402).
21. Operating permit program account (21451).
22. Mobile source account (21452).
23. Statewide planning and research cooperative system account
(21902).
24. New York state thruway authority account (21905).
25. Financial control board account (21911).
26. Regulation of racing account (21912).
27. State university dormitory income reimbursable account (21937).
28. Criminal justice improvement account (21945).
29. Environmental laboratory reference fee account (21959).
30. Training, management and evaluation account (21961).
31. Clinical laboratory reference system assessment account (21962).
32. Indirect cost recovery account (21978).
33. Multi-agency training account (21989).
34. Bell jar collection account (22003).
35. Industry and utility service account (22004).
36. Real property disposition account (22006).
37. Parking account (22007).
38. Courts special grants (22008).
39. Asbestos safety training program account (22009).
40. Batavia school for the blind account (22032).
41. Investment services account (22034).
42. Surplus property account (22036).
43. Financial oversight account (22039).
44. Regulation of Indian gaming account (22046).
45. Rome school for the deaf account (22053).
46. Seized assets account (22054).
47. Administrative adjudication account (22055).
48. New York City assessment account (22062).
49. Cultural education account (22063).
50. Local services account (22078).
51. DHCR mortgage servicing account (22085).
52. Housing indirect cost recovery account (22090).
53. Voting Machine Examinations account (22099).
54. DHCR-HCA application fee account (22100).
55. Low income housing monitoring account (22130).
56. Restitution account (22134).
S. 3005 75 A. 3005
57. Corporation administration account (22135).
58. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
59. Deferred compensation administration account (22151).
60. Rent revenue other New York City account (22156).
61. Rent revenue account (22158).
62. Transportation aviation account (22165).
63. Tax revenue arrearage account (22168).
64. New York State Campaign Finance Fund account (22211).
65. New York state medical indemnity fund account (22240).
66. Behavioral health parity compliance fund (22246).
67. Pharmacy benefit manager regulatory fund (22255).
68. Virtual currency assessments account (22262).
69. State university general income offset account (22654).
70. Lake George park trust fund account (22751).
71. Highway safety program account (23001).
72. DOH drinking water program account (23102).
73. NYCCC operating offset account (23151).
74. Commercial gaming revenue account (23701).
75. Commercial gaming regulation account (23702).
76. Highway use tax administration account (23801).
77. New York state secure choice administrative account (23806).
78. New York state cannabis revenue fund (24800).
79. Cannabis education account (24801).
80. Fantasy sports administration account (24951).
81. Mobile sports wagering fund (24955).
82. Highway and bridge capital account (30051).
83. State university residence hall rehabilitation fund (30100).
84. State parks infrastructure account (30351).
85. Clean water/clean air implementation fund (30500).
86. Hazardous waste remedial cleanup account (31506).
87. Youth facilities improvement account (31701).
88. Housing assistance fund (31800).
89. Housing program fund (31850).
90. Highway facility purpose account (31951).
91. New York racing account (32213).
92. Capital miscellaneous gifts account (32214).
93. Information technology capital financing account (32215).
94. New York environmental protection and spill remediation account
(32219).
95. Department of financial services IT modernization capital account
(32230).
96. Mental hygiene facilities capital improvement fund (32300).
97. Correctional facilities capital improvement fund (32350).
98. New York State Storm Recovery Capital Fund (33000).
99. OGS convention center account (50318).
100. Empire Plaza Gift Shop (50327).
101. Unemployment Insurance Benefit Fund, Interest Assessment Account
(50651).
102. Centralized services fund (55000).
103. Archives records management account (55052).
104. Federal single audit account (55053).
105. Civil service administration account (55055).
106. Civil service EHS occupational health program account (55056).
107. Banking services account (55057).
108. Cultural resources survey account (55058).
S. 3005 76 A. 3005
109. Neighborhood work project account (55059).
110. Automation & printing chargeback account (55060).
111. OFT NYT account (55061).
112. Data center account (55062).
113. Intrusion detection account (55066).
114. Domestic violence grant account (55067).
115. Centralized technology services account (55069).
116. Labor contact center account (55071).
117. Human services contact center account (55072).
118. Tax contact center account (55073).
119. Department of law civil recoveries account (55074).
120. Executive direction internal audit account (55251).
121. CIO Information technology centralized services account (55252).
122. Health insurance internal service account (55300).
123. Civil service employee benefits division administrative account
(55301).
124. Correctional industries revolving fund (55350).
125. Employees health insurance account (60201).
126. Medicaid management information system escrow fund (60900).
127. Animal shelter regulation account.
128. Climate initiative account.
129. Employers Assessment account.
§ 2. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2026, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, underground facilities safety training account
(22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $19,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,590,856,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
S. 3005 77 A. 3005
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $1,135,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $132,800,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $1,418,000,000 from the general fund to the mobile sports wagering
fund, education account (24955), as reimbursement for disbursements made
from such fund for supplemental aid to education pursuant to section
92-c of the state finance law that are in excess of the amounts deposit-
ed in such fund for such purposes pursuant to section 1367 of the
racing, pari-mutuel wagering and breeding law.
5. $5,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), to the state lottery fund, education account
(20901), as reimbursement for disbursements made from such fund for
supplemental aid to education pursuant to section 92-c of the state
finance law.
6. $4,856,000 from the cannabis revenue fund cannabis education
account (24801), to the state lottery fund, education account (20901),
as reimbursement for disbursements made from such fund for supplemental
aid to education pursuant to section 99-ii of the state finance law.
7. An amount up to the unencumbered balance in the fund on March 31,
2025 from the charitable gifts trust fund, elementary and secondary
education account (24901), to the general fund, for payment of general
support for public schools pursuant to section 3609-a of the education
law.
8. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
9. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
10. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Batavia school for the blind account (22032).
11. $900,000 from the general fund to the miscellaneous special reven-
ue fund, Rome school for the deaf account (22053).
12. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
13. $70,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service.
14. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
S. 3005 78 A. 3005
15. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
16. $30,013,000 from the general fund to the miscellaneous special
revenue fund, HESC-insurance premium payments account (21960).
17. $312,000,000 from the State University Income Fund, Long Island
veterans' home account (22652), state university income fund, state
university general income reimbursable account (22653), state university
income fund, state university general revenue offset account (22655),
state university income fund, state university hospitals income reim-
bursable account (22656), state university income fund, SUNY stabiliza-
tion account (22657), state university income fund, state university-
wide hospital reimbursable account (22658), and/or state university
income fund, SUNY tuition reimbursable account (22659) to the General
Fund for the payment of SUNY Hospitals Health Insurance premiums on or
before March 31, 2026.
18. $25,000,000 from the general fund to the miscellaneous capital
projects fund, state university of New York green loan energy fund.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the environmental conservation special revenue fund, federal indirect
recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds, and/or federal capital funds, to
the conservation fund (21150) or Marine Resources Account (21151) as
necessary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $100,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
5. $10,000,000 from the general fund to the hazardous waste remedial
fund, hazardous waste cleanup account (31506).
6. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
7. $1,800,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
8. $7,000,000 from the general fund to the enterprise fund, state fair
account (50051).
9. $3,000,000 from the waste management & cleanup account (21053) to
the general fund.
10. $3,000,000 from the waste management & cleanup account (21053) to
the environmental protection fund transfer account (30451).
11. $14,000,000 from the general fund to the miscellaneous special
revenue fund, patron services account (22163).
12. $15,000,000 from the enterprise fund, golf account (50332) to the
state park infrastructure fund, state park infrastructure account
(30351).
13. $10,000,000 from the general fund to the environmental protection
and oil spill compensation fund (21203).
S. 3005 79 A. 3005
14. $5,000,000 from the general fund to the enterprise fund, golf
account (50332).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $205,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
10. $900,000 from the general fund to the Veterans' Remembrance and
Cemetery Maintenance and Operation account (20201).
11. $5,000,000 from the general fund to the housing program fund
(31850).
12. $15,000,000 from any of the office of children and family services
special revenue federal funds to the office of court administration
special revenue other federal iv-e funds account.
13. $10,000,000 from any of the office of children and family services
special revenue federal funds to the office of indigent legal services
special revenue other federal iv-e funds account.
General Government:
1. $9,000,000 from the general fund to the health insurance revolving
fund (55300).
2. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
3. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
4. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
S. 3005 80 A. 3005
5. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
6. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
7. $3,828,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
8. $1,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
9. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
10. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
11. $12,000,000 from the miscellaneous special revenue fund, parking
account (22007), to the centralized services, building support services
account (55018).
12. $33,000,000 from the general fund to the internal service fund,
business services center account (55022).
13. $9,500,000 from the general fund to the internal service fund,
building support services account (55018).
14. $1,500,000 from the combined expendable trust fund, plaza special
events account (20120), to the general fund.
15. $50,000,000 from the New York State cannabis revenue fund (24800)
to the general fund.
16. A transfer from the general fund to the miscellaneous special
revenue fund, New York State Campaign Finance Fund Account (22211), up
to an amount equal to total reimbursements due to qualified candidates.
17. $6,000,000 from the miscellaneous special revenue fund, standards
and purchasing account (22019), to the general fund.
18. $12,400,000 from the banking department special revenue fund
(21970) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
19. $12,400,000 from the insurance department special revenue fund
(21994) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law to the IT Modernization
Capital Fund.
20. $1,550,000 from the pharmacy benefits bureau special revenue fund
(22255) funded by the assessment to defray operating expenses authorized
by section 206 of the financial services law, to the IT Modernization
Capital Fund.
21. $4,650,000 from the virtual currency special revenue fund (22262)
funded by the assessment to defray operating expenses authorized by
section 206 of the financial services law, to the IT Modernization Capi-
tal Fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
S. 3005 81 A. 3005
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $3,600,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
5. $4,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
6. $6,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
7. $127,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
8. $6,550,000 from the general fund to the medical cannabis trust
fund, health operation and oversight account (23755).
9. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
10. $500,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund (24800), to the miscellaneous special reven-
ue fund, environmental laboratory fee account (21959).
11. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund (23816), to the general fund, for
payment of goods and services necessary to respond to a public health
disaster emergency or to assist or aid in responding to such a disaster.
12. $1,000,000,000 from the general fund to the health care transfor-
mation fund (24850).
13. $2,590,000 from the miscellaneous special revenue fund, patient
safety center account (22139), to the general fund.
14. $1,000,000 from the miscellaneous special revenue fund, nursing
home receivership account (21925), to the general fund.
15. $130,000 from the miscellaneous special revenue fund, quality of
care account (21915), to the general fund.
16. $2,200,000 from the miscellaneous special revenue fund, adult home
quality enhancement account (22091), to the general fund.
17. $17,283,000 from the general fund, to the miscellaneous special
revenue fund, helen hayes hospital account (22140).
18. $3,672,000 from the general fund, to the miscellaneous special
revenue fund, New York city veterans' home account (22141).
19. $2,731,000 from the general fund, to the miscellaneous special
revenue fund, New York state home for veterans' and their dependents at
oxford account (22142).
20. $1,455,000 from the general fund, to the miscellaneous special
revenue fund, western New York veterans' home account (22143).
21. $4,683,000 from the general fund, to the miscellaneous special
revenue fund, New York state for veterans in the lower-hudson valley
account (22144).
22. $350,000,000 from the general fund, to the miscellaneous special
revenue fund, healthcare stability fund account (22267).
S. 3005 82 A. 3005
23. $5,000,000 from the general fund to the occupational health clin-
ics account (22177).
24. $88,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York city veterans' home account (22141).
25. $88,000 from the miscellaneous special revenue fund, veterans home
assistance account (20208), to the miscellaneous special revenue fund,
New York state home for veterans' and their dependents at oxford account
(22142).
26. $88,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
western New York veterans' home account (22143).
27. $88,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the miscellaneous special revenue fund,
New York state for veterans in the lower-Hudson valley account (22144).
28. $88,000 from the miscellaneous special revenue fund, veterans
assistance account (20208), to the state university income fund, Long
Island Veterans' Home Account (22652).
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
ment insurance special interest and penalty account (23601), and public
work enforcement account (21998), to the general fund.
4. $850,000 from the miscellaneous special revenue fund, DOL elevator
safety program fund (22252) to the miscellaneous special revenue fund,
DOL fee and penalty account (21923).
5. $4,000,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the Training and Education Program on Occu-
pation Safety and Health Fund, OSHA Inspection Account (21252).
6. $8,000,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the Training and Education Program on Occu-
pation Safety and Health Fund, OSHA Training and Education Account
(21251).
7. $22,000,000 from the miscellaneous special revenue fund, Interest
and Penalty Account (23601), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
8. $5,000,000 from the miscellaneous special revenue fund, Public Work
Enforcement account (21998), to the Training and Education Program on
Occupation Safety and Health Fund, OSHA Training and Education Account
(21251).
9. $250,000,000 from the general fund to the enterprise fund, unem-
ployment insurance benefit fund, interest assessment account (50651).
Mental Hygiene:
1. $2,000,000 from the general fund, to the mental hygiene facilities
capital improvement fund (32300).
2. $20,000,000 from the opioid settlement fund (23817) to the miscel-
laneous capital projects fund, opioid settlement capital account
(32200).
S. 3005 83 A. 3005
3. $20,000,000 from the miscellaneous capital projects fund, opioid
settlement capital account (32200) to the opioid settlement fund
(23817).
Public Protection:
1. $2,587,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
2. $23,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
3. $2,000,000,000 from any of the division of homeland security and
emergency services special revenue federal funds to the general fund.
4. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
5. $138,272,000 from the general fund to the correctional facilities
capital improvement fund (32350).
6. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
7. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
8. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
9. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
10. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
11. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
12. $38,938,000 from the general fund to the miscellaneous special
revenue fund, criminal justice improvement account (21945).
13. $6,000,000 from the general fund to the miscellaneous special
revenue fund, hazard mitigation revolving loan account (22266).
14. $234,000,000 from the indigent legal services fund, indigent legal
services account (23551) to the general fund.
Transportation:
1. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
2. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
3. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
4. $477,000 from the miscellaneous special revenue fund, traffic adju-
dication account (22055), to the general fund.
5. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
S. 3005 84 A. 3005
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
6. An amount up to the unencumbered balance from the special revenue
federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund.
7. $1,000,000,000 from the general fund to the hazardous waste cleanup
account (31506), State parks infrastructure account (30351), environ-
mental protection fund transfer account (30451), the correctional facil-
ities capital improvement fund (32350), housing program fund (31850), or
the Mental hygiene facilities capital improvement fund (32300), up to an
amount equal to certain outstanding accounts receivable balances.
§ 4. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2026:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
5. Upon request of the commissioner of health up to $13,694,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
6. Upon the request of the attorney general, up to $5,000,000 from
revenues credited to the federal health and human services fund, federal
health and human services account (25117) or the miscellaneous special
revenue fund, recoveries and revenue account (22041), to the miscella-
neous special revenue fund, litigation settlement and civil recovery
account (22117).
§ 5. On or before March 31, 2026, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
S. 3005 85 A. 3005
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or their desig-
nee, on or before March 31, 2026, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or their desig-
nee, on or before March 31, 2026, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or their designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2026.
§ 8-a. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, a
total of up to $100,000,000 from the general fund to the state universi-
ty income fund, state university general revenue offset account (22655)
and/or the state university income fund, state university hospitals
income reimbursable account (22656) during the period July 1, 2025
through June 30, 2026 to pay costs attributable to the state university
health science center at Brooklyn and/or the state university of New
York hospital at Brooklyn, respectively, pursuant to a plan approved by
the director of the budget.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,513,098,500 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2025 through June 30, 2026 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $55,848,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2025 to June 30, 2026 for general fund operating
support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
of section three hundred fifty-five of the education law.
§ 11. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or their designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from any special revenue fund of the state university of
New York to the state university of New York green energy loan fund for
the discrete purposes of the state university of New York green energy
S. 3005 86 A. 3005
loan fund and from the state university of New York green energy loan
fund to any special revenue fund of the state university of New York to
support such activity in an amount not to exceed $25,000,000 from each
fund for the time period of July 1 to June 30 annually.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or their designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2026.
§ 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or their designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or their designee, to transfer moneys from the
state university income fund to the state university income fund, state
university hospitals income reimbursable account (22656) in the event
insufficient funds are available in the state university income fund,
state university hospitals income reimbursable account (22656) to pay
hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2026.
§ 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or their designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $125 million from each fund.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $1,000,000,000 from the unencumbered balance of any special reven-
ue fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2025-26 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
S. 3005 87 A. 3005
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 18. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund up to $10,000,000 for the state fiscal
year commencing April 1, 2025, the proceeds of which will be utilized to
support energy-related state activities.
§ 19. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized to transfer to the state treasury to the cred-
it of the general fund up to $25,000,000 for the state fiscal year
commencing April 1, 2025, the proceeds of which will be utilized to
support programs established or implemented by or within the department
of labor, including but not limited to the office of just energy transi-
tion and programs for workforce training and retraining, to prepare
workers for employment for work in the renewable energy field.
S. 3005 88 A. 3005
§ 20. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to contribute $913,000 to the state treasury
to the credit of the general fund on or before March 31, 2026.
§ 21. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2026 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 22. Section 56 of part XX of chapter 56 of the laws of 2024, amend-
ing the state finance law and other laws relating to providing for the
administration of certain funds and accounts related to the 2023-2024
budget, authorizing certain payments and transfers, is amended to read
as follows:
§ 56. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two, [twenty-three,] and twenty-
four of this act shall expire March 31, 2025; and provided, further,
that sections twenty-five and twenty-six of this act shall expire March
31, 2027, when upon such dates the provisions of such sections shall be
deemed repealed.
§ 23. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 23 of part XX of chapter 56 of the laws of 2024, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[twenty-four] TWENTY-FIVE, the state comptroller is hereby authorized
and directed to deposit to the fund created pursuant to this section
from amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$1,575,393,000] $1,396,911,000 as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [twenty-four] TWENTY-FIVE.
§ 24. The opening paragraph of subdivision 3 of section 93-b of the
state finance law, as amended by section 23 of part JJJ of chapter 59 of
the laws of 2021, is amended to read as follows:
Notwithstanding any other provisions of law to the contrary, [commenc-
ing on April first, two thousand twenty-one, and continuing through
March thirty-first, two thousand twenty-five,] the comptroller is hereby
authorized to transfer monies from the dedicated infrastructure invest-
ment fund to the general fund, and from the general fund to the dedi-
cated infrastructure investment fund, in an amount determined by the
director of the budget to the extent moneys are available in the fund;
provided, however, that the comptroller is only authorized to transfer
monies from the dedicated infrastructure investment fund to the general
fund in the event of an economic downturn as described in paragraph (a)
of this subdivision; and/or to fulfill disallowances and/or settlements
related to over-payments of federal medicare and medicaid revenues in
S. 3005 89 A. 3005
excess of one hundred million dollars from anticipated levels, as deter-
mined by the director of the budget and described in paragraph (b) of
this subdivision.
§ 25. Subdivision 2 of section 8-b of the state finance law is
REPEALED.
§ 26. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2026, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,583,110 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $488,220 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $610,790 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $182,310 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $422,524 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $11,909,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $182,988,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $55,103,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 27. Section 89-g of the state finance law is REPEALED.
§ 28. Section 22 of the state finance law, as amended by chapter 762
of the laws of 1992, subdivisions 1-c, 14, 15 and 16 as added and para-
graphs d-2, e, e-2 and i of subdivision 3 and subdivision 4 as amended
by chapter 1 of the laws of 2007, paragraphs a-1, a-2 and a-3 of subdi-
vision 3 as added by chapter 10 of the laws of 2006, paragraph j of
subdivision 3 as added by chapter 453 of the laws of 2015, subdivision 9
as amended by chapter 260 of the laws of 1993 and subdivisions 5, 6, 7,
8, 9, 10, 11, 12 and 13 as renumbered by section 2 of part F of chapter
389 of the laws of 1997, is amended to read as follows:
§ 22. The budget; contents. The budget submitted annually by the
governor to the legislature, in accordance with article seven of the
constitution, in addition to the information required by the constitu-
tion to be set forth therein, shall:
1. include a summary financial plan showing for each of the govern-
mental fund types: (a) the disbursements estimated to be made before the
close of the current fiscal year and the moneys estimated to be avail-
able from receipts and other sources therefor; and (b) the disbursements
proposed to be made during the ensuing fiscal year, and the moneys esti-
mated to be available from receipts and other sources therefor inclusive
of any receipts which are expected to result from proposed legislation
which [he] THE GOVERNOR deems necessary to provide receipts sufficient
to meet such proposed disbursements. For the purposes of this summary
S. 3005 90 A. 3005
financial plan, disbursements shall be presented by the following
purposes: state purposes, local assistance, capital projects, debt
service, and general state charges; receipts shall be presented for each
fund type by each revenue source which accounts for at least one per
centum of all such receipts and otherwise by categories of revenue
sources; receipts and disbursements for special revenue funds shall be
presented separately for federal funds and all other special revenue
funds. Whenever receipts or disbursements are proposed to be moved to a
different fund type, each significant amount so moved shall be identi-
fied.
1-a. within ten days following the submission of the financial plans
presented in accordance with subdivision one of this section, the direc-
tor of the budget shall submit to the chairs of the senate finance and
the assembly ways and means committees and the comptroller summary
financial plans of receipts and disbursements for the internal service,
enterprise, and fiduciary fund types.
1-b. within ten days of the submission of the financial plan for the
special revenue fund type, the director of the budget shall submit to
the chairs of the senate finance and assembly ways and means committees
a schedule of receipts and disbursements by account within each special
revenue fund, excluding those which are financed primarily by federal
grants.
1-c. within ten days following the submission of the financial plans
presented in accordance with subdivision one of this section, the direc-
tor of the budget shall submit to the chairs of the senate finance and
the assembly ways and means committees and the comptroller an estimate
of the fiscal impact of the executive budget general fund changes on
local governments and, where practicable, the fiscal impact on local
governments of the executive budget all fund changes concerning the
medicaid program, homeland security program, and workforce investment
programs. Such estimate shall be presented by class of local government
and shall measure all of the impacts of the executive budget, including
aid program changes, reimbursement changes, statutory changes in author-
izations for local taxation, mandates on local governments and other
requirements. Such estimate shall show the impact on local governments
by local fiscal years affected and shall cover the first local fiscal
year affected as well as the ensuing local fiscal year. Where such
estimate depends on any local option or action, the estimate shall
explicitly describe the assumptions used to calculate the estimate. When
under existing law a local tax option or program would end and the exec-
utive budget proposes the continuation thereof, the impact shall be
identified as a "deferral of sunset" and shall be calculated as a sepa-
rate component of such estimate.
2. [include a summary financial plan showing for each of the govern-
mental fund types: (a) all of the expenditures estimated to be made, in
accordance with generally accepted accounting principles, before the
close of the current fiscal year and all of the expenditures proposed to
be made, in accordance with generally accepted accounting principles,
during the ensuing fiscal year; and (b) all of the revenues estimated to
accrue, in accordance with generally accepted accounting principles,
before the close of the current fiscal year and during the ensuing
fiscal year inclusive of any revenues which are expected to result from
the proposed legislation which he deems necessary to provide receipts
sufficient to meet proposed disbursements. For the purposes of this
summary financial plan, expenditures shall be presented by the following
purposes: state purposes, local assistance, capital projects, debt
S. 3005 91 A. 3005
service, and general state charges; and revenues shall be presented by
each revenue source which accounts for at least one per centum of all
such revenues and otherwise by categories of revenue sources.
3.] show for each fund type (unless otherwise specified) in a form
suitable for comparison:
a. The appropriations, including reappropriations, made for the
current fiscal year, the appropriations and reappropriations recommended
for the ensuing fiscal year, the disbursements estimated to be made
before the close of the current fiscal year and proposed to be made
during the ensuing fiscal year based upon available and recommended
appropriations and reappropriations. Disbursements proposed to be made
shall be shown in separate parts as follows: those disbursements
proposed to be made for state purposes shall be set forth in one part,
those disbursements proposed to be made for local assistance shall be
set forth in another separate and distinct part, those disbursements
proposed to be made for capital projects shall be set forth in a third
separate and distinct part and those disbursements proposed to be made
for debt service shall be set forth in a fourth separate and distinct
part. The effect of any proposed changes in the payment dates of partic-
ular disbursements on the financial plan presented in accordance with
subdivision one of this section shall be set forth separately.
a-1. For each state agency, the appropriations, including reappropri-
ations, made for the current fiscal year and recommended for the ensuing
fiscal year for contracts for services made for state purposes.
a-2. For each state agency, the disbursements estimated to be made
before the close of the current fiscal year and proposed to be made
during the ensuing fiscal year for contracts for services made for state
purposes.
a-3. For each state agency, the estimated number of employees hired
for the current fiscal year and anticipated to be hired during the ensu-
ing fiscal year pursuant to contracts for services made for state
purposes based upon annual employment reports submitted by contractors
pursuant to section one hundred sixty-three of this chapter.
b. In separate sections for each fund type, the receipts actually had
and received during the preceding fiscal year, the receipts estimated to
be available and received during the current and ensuing fiscal years
respectively listed by each major source, including statistical and
summary tables and a narrative which includes a discussion of the
assumptions used in estimating such receipts. The effect of any proposed
changes in the rates, bases, payment dates or other aspects of partic-
ular sources of receipts on the financial plan presented in accordance
with subdivision one of this section shall be set forth separately and
the assumptions used in calculating such effect. Whenever a new fee or a
new financing mechanism is proposed, a schedule of the new fee or
financing mechanism shall be included for purposes of showing the effect
of the new fee or financing mechanism on the financial plan.
c. [The expenditures estimated to be made in accordance with generally
accepted accounting principles before the close of the current fiscal
year and proposed to be made in accordance with generally accepted
accounting principles during the ensuing fiscal year. Expenditures esti-
mated and proposed to be made shall be shown in separate parts as
follows: those expenditures for state purposes shall be set forth in one
part, those expenditures for local assistance shall be set forth in
another separate and distinct part, those expenditures for capital
projects shall be set forth in a third separate and distinct part, and
S. 3005 92 A. 3005
those expenditures for debt service shall be set forth in a fourth sepa-
rate and distinct part.
d. The revenues actually accrued in the preceding fiscal year, the
revenues estimated to accrue during current and ensuing fiscal years
respectively. Revenues from each tax shall be shown both in total and
net of refunds.
d-1. A schedule for the general fund showing the differences between
projected operating results on a cash basis and those on the basis of
generally accepted accounting principles.
d-2.] Within ten days following the submission of the financial plans
presented in accordance with [subdivisions] SUBDIVISION one [and two] of
this section, the director of the budget shall submit to the comptroller
and the chairs of the senate finance committee and the assembly ways and
means committee:
(i) a detailed schedule by fund of the receipts and disbursements
comprising such summary financial plan;
(ii) [a schedule for each governmental fund type other than the gener-
al fund showing the differences between projected operating results on a
cash basis and those on the basis of generally accepted accounting prin-
ciples;
(iii) a detailed schedule by fund of revenues and expenditures within
the general fund;
(iv)] a detailed schedule by fund of receipts for the prior, current
and next three fiscal years. Such schedule shall present the major
revenue sources for each fund, including detail for each major tax, and
major components of miscellaneous receipts; and
[(v)] (III) an itemized list of transfers to and from the general
fund.
[e.] D. The anticipated general fund quarterly schedule and fiscal
year total for the prior, current and next ensuing fiscal years of:
disbursements; receipts; repayments of advances; total tax refunds; and
refunds for the tax imposed under article twenty-two of the tax law.
Such information shall be presented in the same form as the summary
financial plans presented in accordance with [subdivisions] SUBDIVISION
one [and two] of this section. A separate, detailed, report of such
schedule shall be provided with receipts shown by each major revenue
category, including detail for each major tax and major components of
miscellaneous receipts, and with disbursements shown by major function
or program. The director of the division of the budget shall submit
concurrent with the submission of the financial plan to the legislature
pursuant to subdivision [two] ONE of this section and with each update
thereafter a revised monthly general fund cash flow projection of
receipts and disbursements for the current fiscal year that: (1)
compares actual results to (i) actual results through the same period
for the prior year and (ii) the most recent prior update to the finan-
cial plan and to the enacted budget financial plan; (2) summarizes the
reasons for any variances; and (3) describes the revisions to the cash
flow projections. The monthly general fund cash flow projection shall be
stated by major category of local assistance, personal service, nonper-
sonal service, general state charges, and debt service, and by major
category of revenue. Such reports shall utilize a format that shall
facilitate comparison and analysis with those reports submitted to the
legislature by the office of audit and control pursuant to subdivision
nine of section eight of this chapter.
[e-1.] D-1. Within ten days following the submission of the financial
plans presented in accordance with [subdivisions] SUBDIVISION one [and
S. 3005 93 A. 3005
two] of this section, the anticipated general fund monthly and govern-
mental fund types quarterly schedule and fiscal year total for the ensu-
ing fiscal year of: disbursements; receipts; repayments of advances;
total tax refunds; and refunds for the tax imposed under article twen-
ty-two of the tax law. Such information shall be presented in the same
form as the summary financial plans presented in accordance with [subdi-
visions] SUBDIVISION one [and two] of this section.
[e-2.] D-2. A description of employment levels for each state depart-
ment, division or office, for the prior, current and next ensuing fiscal
year containing:
(1) separate schedules for each fund type; and
(2) an all funds summary. Such information shall be presented in a
form that facilitates comparisons among agencies and across fiscal
years, and shall include:
(i) actual and projected full-time equivalents; and
(ii) proposed changes to the work force in the executive budget,
including but not limited to: new positions, layoffs, attrition, and
changes in funding sources. To the extent practicable, the division of
the budget shall facilitate the provision of other relevant information
on employment to the legislature in a timely manner during the state
fiscal year.
[f.] E. A statement explaining any differences between the significant
accounting policies used in the preparation of the documents required to
be submitted pursuant to this section and those used by the comptroller
in the preparation of the financial statements contained in the annual
report to the legislature for the preceding fiscal year issued pursuant
to subdivision nine of section eight of this chapter.
[g.] F. The estimated borrowings in anticipation of the receipt of
taxes and revenues and the amount of interest estimated to be paid ther-
eon during the current and ensuing fiscal years respectively, and the
amounts actually so borrowed and the interest actually paid thereon
during the preceding fiscal year.
[h.] G. In connection with each statement of receipts from taxes
imposed pursuant to state law, the total amounts collected or estimated
to be collected therefrom.
[i.] H. A statement setting forth state involvement in the fiscal
operations of those public authorities and public benefit corporations
which may be part of the development of a comprehensive state budget
system and provided therefor in the state financial plan. Such statement
shall include those public authorities and public benefit corporations
with disbursements which are not currently reflected in the state
central accounting system from proceeds of any notes or bonds issued by
any public authority, and which bonds or notes would be considered as
state-supported debt as defined in section sixty-seven-a of this chap-
ter. Such statement shall set forth the amount of all of the bonds,
notes and other obligations of each public authority, public benefit
corporation and all other agencies and instrumentalities of the state
for which the full faith and credit of the state has been pledged or on
account of which the state has by law given its pledge or assurance for
the continued operation and solvency of the authority, public corpo-
ration, or other agency or instrumentality of the state, as the case may
be. Such statement shall also set forth all proposed appropriations to
be made to any public authority, public benefit corporation, and any
other agency or instrumentality of the state which has been created or
continued by law and which is separate and distinct from the state
itself.
S. 3005 94 A. 3005
[j.] I. Include a summary financial plan for the funds of the state
receiving tax check-off monies which shall include estimates of all
receipts and all disbursements for the current and succeeding fiscal
years, along with the actual results from the prior fiscal year.
[4. a.] 3. Include a three year financial projection showing the
anticipated disbursements and receipts for each of the governmental fund
types of the state. For the purposes of this three year financial
projection, disbursements shall be presented by the following purposes:
state purposes, local assistance, capital projects, debt service, trans-
fers and general state charges with each major function or major program
identified separately within each purpose; and receipts shall be
presented by each major revenue category, including detail for each
major tax, and major components of miscellaneous receipts and with
disbursements shown by major function or program for the prior year,
current year and next three fiscal years, and otherwise by each major
source which is separately estimated and presented pursuant to paragraph
b of subdivision [three] TWO of this section. Receipts and disbursements
for special revenue funds shall be presented separately for federal
funds and all other special revenue funds. Whenever receipts and
disbursements are proposed to be moved to a different fund type, each
significant amount so moved shall be explained. This three year finan-
cial projection shall include an explanation of any changes to the
financial plans submitted in accordance with subdivision one of this
section and include explanations of the economic, statutory and other
assumptions used to estimate the disbursements and receipts which are
presented. Whenever the projections for receipts and disbursements are
based on assumptions other than the current levels of service, such
assumptions shall be separately identified and explained. The three year
financial projections shall include a description of any projected defi-
cits or surpluses.
[5.] 4. Include a summary statement of operations for the proprietary
and fiduciary fund types. Such summary statement of operations shall
include the estimated and projected receipts of and disbursements from
appropriations and reappropriations available or recommended from such
fund types in the budget bills submitted by the governor pursuant to
section twenty-four of this [chapter] ARTICLE. Such summary statement
of operations shall be revised as soon as is practical after the legis-
lature has completed action on such budget bills.
[6.] 5. Include a list of proposed legislation submitted pursuant to
section three of article seven of the constitution.
[7.] 6. Notwithstanding any provision of law to the contrary, budgets
submitted pursuant to this section shall not recommend first instance
expenditures. Any anticipated reimbursement of proposed expenditures
shall be shown as receipts or revenues to the appropriate fund.
[8.] 7. Within ten days following the submission of the budget by the
governor, the director of the budget shall transmit to the chairs of the
senate finance committee and the assembly ways and means committee a
report, by agency, program, and fund, including but not limited to, the
following information pertaining to financed equipment acquisitions for
state departments, agencies and units of the state university and the
city university of New York including those financed equipment acquisi-
tions financed by the issuance of certificates of participation or simi-
lar instruments for state departments, agencies and units of the state
and city universities of New York:
[1.] A. For new financed equipment acquisitions to be financed in the
ensuing fiscal year:
S. 3005 95 A. 3005
[(a)] (1) An identification of the purposes of such financings,
including:
[(1)] (I) The nature of the equipment to be financed.
[(2)] (II) Whether the purposes are new financings or refinancings of
outstanding lease purchase and installment purchase agreements.
[(3)] (III) The recommended method of financing.
[(b)] (2) The estimated purchase cost of the equipment if purchased
outright.
[(c)] (3) The estimated interest rate and term of such financings.
[(d)] (4) The estimated expenses for the issuances of such certif-
icates or similar instruments as such expenses are defined in section
sixty-six-b of this chapter.
[(e)] (5) A schedule of estimated lease purchase payments by state
fiscal year for such financings, and estimated total financing costs.
[2.] B. For outstanding financed equipment acquisitions as of April
first of the ensuing fiscal year the total estimated amount for lease or
installment purchase payments for the ensuing fiscal year.
[3.] C. For outstanding financed equipment acquisitions financed by
certificates of participation the financing costs of outstanding certif-
icates of participation and similar instruments issued pursuant to
section sixty-six-b of this chapter with estimated payment schedules of
all such outstanding obligations.
[9.] 8. Include a summary of disbursements by function of state
government for the preceding fiscal year and the estimated disbursements
for the current and ensuing fiscal years in a form suitable for compar-
ison. Such summary shall present such disbursements by purpose as set
forth in subdivision one of this section and also including special
revenue funds-federal and special revenue funds-other. Such summary
shall also describe the state entities, as defined by [subdivisions
five, six, seven and eight of] section two-a of this chapter, within
each function. For the fiscal year beginning in nineteen hundred nine-
ty-three, such summary shall be presented within ten days of the budget
submission for the general fund, special revenue funds-other, capital
projects funds and debt service funds. For the fiscal year beginning in
nineteen hundred ninety-four, such summary shall be presented with the
budget for the general fund and within ten days of the budget submission
for special revenue funds-other, capital projects funds and debt service
funds. For fiscal years beginning in nineteen hundred ninety-five and
thereafter, such summary shall be presented with the budget.
[10.] 9. Include a statement showing projected disbursement for the
current fiscal year and proposed disbursements for the ensuing fiscal
year by agency and bill and fund type. For the fiscal year beginning in
nineteen hundred ninety-three, such statement shall be presented within
ten days of the budget submission for the general fund, special revenue
funds-other, capital projects funds and debt service funds. For the
fiscal year beginning in nineteen hundred ninety-four, such summary
shall be presented with the budget for the general fund and within ten
days of the budget submission for special revenue funds-other, capital
projects funds and debt service funds. For fiscal years beginning in
nineteen hundred ninety-five and thereafter, such summary shall be
presented with the budget.
[11.] 10. Within ten days following the submission of the financial
plans presented in accordance with [subdivisions] SUBDIVISION one [and
two] of this section, the director of the budget shall submit to the
chairs of the senate finance committee and the assembly ways and means
committee for the prior, the current and next ensuing fiscal years
S. 3005 96 A. 3005
detailed schedules by agency for the general fund showing proposed
appropriations in the state operations and aid to localities budget
bills with disbursements to be made against such appropriations, as well
as disbursements to be made against any existing appropriations.
[12.] 11. a. With respect to any proposed appropriations for the
purpose of remedying state agency violations or past problems of the
environmental conservation law or regulations adopted thereunder within
the proposed budget submitted annually by the governor to the legisla-
ture shall, set forth the amount recommended to remedy each functional
category of violation. A priority criterion to be considered in deter-
mining such recommended appropriations shall be the ranking of such
violations and past problems as determined by the agency pursuant to
paragraph b of subdivision one of section 3-0311 of the environmental
conservation law, with any reordering of rankings as determined by the
department of environmental conservation. Amounts appropriated shall be
disbursed for remediation of the violation or problem only after review
and determination by the department of environmental conservation of the
adequacy of the remedial plan pursuant to paragraph g of subdivision
three of section 3-0311 of the environmental conservation law.
b. Within thirty days following the submission of the budget by the
governor for each fiscal year, beginning with the nineteen hundred nine-
ty-three--ninety-four fiscal year, the director of the budget shall
transmit to the chairs of the senate finance committee and the assembly
ways and means committee a report which includes project specific infor-
mation for proposed appropriations for the purposes of remedying state
agency environmental violations or problems, as identified pursuant to
section 3-0311 of the environmental conservation law, contained within
such submitted budget.
[13.] 12. Include a summary financial plan for all research institutes
which shall set forth:
a. estimates of all revenues and all expenses for the current and
succeeding fiscal years, along with the actual results from the prior
fiscal year; and
b. any agreement whereby any state agency will provide financial
support or any other assistance to cover any operating loss for such
research institute.
[14.] 13. a. With respect to information technology projects, depend-
ent on funding in the executive budget, involving one or more contracts
projected to total ten million dollars or more, within thirty days
following the submission of the budget by the governor for each fiscal
year, beginning with the two thousand eight--two thousand nine fiscal
year, the director of the budget shall transmit to the chairs of the
senate finance committee and the assembly ways and means committee a
report which shall set forth the following:
(1) project summary describing the project purpose, proposed approach,
key milestones, current status and timetable;
(2) the proposed method of procurement, including whether the project
will, in whole or in part, utilize a centralized contract or a sole-
source contract; and
(3) the proposed funding source, financing method and estimated costs
by fiscal year.
b. Information provided pursuant to paragraph a of this subdivision
may not be disclosed to any party other than a governmental entity as
defined in section one hundred thirty-nine-j of this chapter, if such
disclosure would impair the fairness or competitiveness of a pending or
potential procurement process.
S. 3005 97 A. 3005
Estimated costs by fiscal year shall not be disclosed.
[15.] 14. The division of the budget shall prepare the reports, sched-
ules, and other information described in this subdivision. To the extent
practicable, such reports, schedules, and information shall be in a
form, and presented at a level of detail, that facilitates comparison on
an annual basis and against actual results, as appropriate, and in a
manner consistent with the other reporting requirements enumerated in
this section. The reports, schedules, and other information required by
this subdivision shall be submitted to the chair of the senate finance
committee, the chair of the assembly ways and means committee, the
minority leaders of both houses, and the comptroller according to the
schedules set forth in this section. In determining the final content
and format of the information required by this section, the division of
the budget shall consult annually with the designees of the temporary
president of the senate, the speaker of the assembly, the minority lead-
ers of both houses, and the comptroller. All information described in
this subdivision shall be made available to the public.
a. The executive budget, the enacted budget report and each quarterly
update to the financial plan shall include an updated general fund fore-
cast of receipts and disbursements for the current and two succeeding
fiscal years. Such updated forecast shall clearly identify and explain
the revisions to the receipts and disbursements projections from the
most recent prior update to the financial plan, and any significant
revisions to the underlying factors affecting receipts and disbursements
by major function, and may include, but not be limited to: caseload,
service, and utilization rates; demographic trends; economic variables;
pension fund performance; incarceration rates; prescription drug prices;
health insurance premiums; inflation; contractual obligations; liti-
gation; and state employment trends.
b. The capital program and financing plan submitted pursuant to
section twenty-two-c of this article, and the update thereto required
pursuant to section twenty-three of this article, shall include a report
on the management of state-supported debt. Such report may include, but
is not limited to: (1) an assessment of the affordability of state debt,
including debt as a percent of personal income, debt per capita, and
debt service costs as a percent of the budget; (2) a summary and analy-
sis of the interest rate exchange agreements and variable rate exposure;
and (3) an assessment of financing opportunities related to the state's
debt portfolio.
[16.] 15. The governor shall make all practicable efforts to amend or
supplement the budget and submit supplemental bills or amendments to any
bills pursuant to article seven of the constitution within twenty-one
days after the budget is submitted to the legislature.
16. THE AMENDED EXECUTIVE BUDGET REQUIRED TO BE SUBMITTED WITHIN THIR-
TY DAYS AFTER THE SUBMISSION OF THE EXECUTIVE BUDGET TO THE LEGISLATURE
IN ACCORDANCE WITH ARTICLE SEVEN OF THE CONSTITUTION OF THE STATE OF NEW
YORK, IN ADDITION TO THE INFORMATION REQUIRED BY THE CONSTITUTION OF THE
STATE OF NEW YORK TO BE SET FORTH THEREIN, SHALL INCLUDE:
A. A SUMMARY FINANCIAL PLAN SHOWING FOR EACH OF THE GOVERNMENTAL FUND
TYPES: (1) ALL OF THE EXPENDITURES ESTIMATED TO BE MADE, IN ACCORDANCE
WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, BEFORE THE CLOSE OF THE
CURRENT FISCAL YEAR AND ALL OF THE EXPENDITURES PROPOSED TO BE MADE, IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, DURING THE
ENSUING FISCAL YEAR; AND (2) ALL OF THE REVENUES ESTIMATED TO ACCRUE, IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, BEFORE THE
CLOSE OF THE CURRENT FISCAL YEAR AND DURING THE ENSUING FISCAL YEAR
S. 3005 98 A. 3005
INCLUSIVE OF ANY REVENUES WHICH ARE EXPECTED TO RESULT FROM THE PROPOSED
LEGISLATION WHICH IS DEEMED NECESSARY TO PROVIDE RECEIPTS SUFFICIENT TO
MEET PROPOSED DISBURSEMENTS. FOR THE PURPOSES OF SUCH SUMMARY FINANCIAL
PLAN, EXPENDITURES SHALL BE PRESENTED BY THE FOLLOWING PURPOSES: STATE
PURPOSES, LOCAL ASSISTANCE, CAPITAL PROJECTS, DEBT SERVICE, AND GENERAL
STATE CHARGES; AND REVENUES SHALL BE PRESENTED BY EACH REVENUE SOURCE
WHICH ACCOUNTS FOR AT LEAST ONE PER CENTUM OF ALL SUCH REVENUES AND
OTHERWISE BY CATEGORIES OF REVENUE SOURCES;
B. THE EXPENDITURES ESTIMATED TO BE MADE IN ACCORDANCE WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES BEFORE THE CLOSE OF THE CURRENT FISCAL
YEAR AND PROPOSED TO BE MADE IN ACCORDANCE WITH GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES DURING THE ENSUING FISCAL YEAR. EXPENDITURES ESTI-
MATED AND PROPOSED TO BE MADE SHALL BE SHOWN IN SEPARATE PARTS AS
FOLLOWS: THOSE EXPENDITURES FOR STATE PURPOSES SHALL BE SET FORTH IN ONE
PART, THOSE EXPENDITURES FOR LOCAL ASSISTANCE SHALL BE SET FORTH IN
ANOTHER SEPARATE AND DISTINCT PART, THOSE EXPENDITURES FOR CAPITAL
PROJECTS SHALL BE SET FORTH IN A THIRD SEPARATE AND DISTINCT PART, AND
THOSE EXPENDITURES FOR DEBT SERVICE SHALL BE SET FORTH IN A FOURTH SEPA-
RATE AND DISTINCT PART;
C. THE REVENUES ACTUALLY ACCRUED IN THE PRECEDING FISCAL YEAR AND THE
REVENUES ESTIMATED TO ACCRUE DURING CURRENT AND ENSUING FISCAL YEARS,
RESPECTIVELY. REVENUES FROM EACH TAX SHALL BE SHOWN BOTH IN TOTAL AND
NET OF REFUNDS;
D. A SCHEDULE FOR THE GENERAL FUND SHOWING THE DIFFERENCES BETWEEN
PROJECTED OPERATING RESULTS ON A CASH BASIS AND THOSE ON THE BASIS OF
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES;
E. A SCHEDULE FOR EACH GOVERNMENTAL FUND TYPE OTHER THAN THE GENERAL
FUND SHOWING THE DIFFERENCES BETWEEN PROJECTED OPERATING RESULTS ON A
CASH BASIS AND THOSE ON THE BASIS OF GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES; AND
F. A DETAILED SCHEDULE BY FUND OF REVENUES AND EXPENDITURES WITHIN THE
GENERAL FUND.
§ 29. Subparagraph (vi) of paragraph (d) of subdivision 3 of section
22-c of the state finance law, as amended by section 3 of part F of
chapter 389 of the laws of 1997, is amended to read as follows:
(vi) the total amount of disbursements for the project estimated to be
made during the current fiscal year and during each of the next ensuing
five fiscal years, provided however, that (A) the information required
by this subparagraph may be provided for groupings of projects in those
cases where the governor determines it cannot be provided on a project
by project basis, and (B) the total of all disbursements estimated in
accordance with the requirements of this subparagraph to be made for all
capital projects during the current fiscal year and during each of the
next ensuing five fiscal years, excluding those disbursements which are
estimated in accordance with the requirements of this subparagraph to be
made by public benefit corporations and which are not subject to appro-
priations, shall be equal, respectively, to the total of all disburse-
ments estimated, in the financial projections required by subdivisions
one and [four] THREE of section twenty-two of this article, to be made
for all capital projects during the then current fiscal year and during
each of the next ensuing five fiscal years,
§ 30. Subdivisions 3 and 4 of section 23 of the state finance law, as
amended by chapter 1 of the laws of 2007, are amended to read as
follows:
3. Financial plans and capital improvement program; revisions. Not
later than thirty days after the legislature has completed action on the
S. 3005 99 A. 3005
budget bills submitted by the governor and the period for the governor's
review has elapsed, the governor shall cause to be submitted to the
legislature the revisions to the financial plans and the capital plan
required by subdivisions one, two, THREE, four and [five] PARAGRAPH (A)
OF SUBDIVISION SIXTEEN of section twenty-two of this article as are
necessary to account for all enactments affecting the financial plans
and the capital plan. The financial plan shall also contain a cash flow
analysis of projected receipts and disbursements and other financing
sources or uses for each month of the state's fiscal year. Notwithstand-
ing any other law to the contrary, such revised plans and accompanying
cash flow analysis shall be submitted to the legislature and the comp-
troller in the same form as the plans required by such subdivisions.
4. Financial plan updates. Quarterly, throughout the fiscal year, the
governor shall submit to the comptroller, the chairs of the senate
finance and the assembly ways and means committees, within thirty days
of the close of the quarter to which it shall pertain, a report which
summarizes the actual experience to date and projections for the remain-
ing quarters of the current fiscal year and for each of the next two
fiscal years of receipts, disbursements, tax refunds, and repayments of
advances presented in forms suitable for comparison with the financial
plan submitted pursuant to subdivisions one, THREE AND four[, and five,]
of section twenty-two of this article and revised in accordance with the
provisions of subdivision three of this section. The governor shall
submit with the budget a similar report that summarizes revenue and
expenditure experience to date in a form suitable for comparison with
the financial plan submitted pursuant to PARAGRAPH A OF subdivision
[two] SIXTEEN of section twenty-two of this article and revised in
accordance with the provisions of subdivision three of this section.
Such reports shall provide an explanation of the causes of any major
deviations from the revised financial plans and, shall provide for the
amendment of the plan or plans to reflect those deviations. The governor
may, if [he] THE GOVERNOR determines it advisable, provide more frequent
reports to the legislature regarding actual experience as compared to
the financial plans. The quarterly financial plan update most proximate
to October thirty-first of each year shall include the calculation of
the limitations on the issuance of state-supported debt computed pursu-
ant to the provisions of subdivisions one and two of section sixty-sev-
en-b of this chapter.
§ 31. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2026 the following amounts from
the following special revenue accounts or enterprise funds to the gener-
al fund, for the purposes of offsetting principal and interest costs,
incurred by the state pursuant to section 52 of part RR of chapter 56 of
the laws of 2023, provided that the annual amount of the transfer shall
be no more than the principal and interest that would have otherwise
been due to the power authority of the state of New York, from any state
agency, in a given state fiscal year. Amounts pertaining to special
revenue accounts assigned to the state university of New York shall be
considered interchangeable between the designated special revenue
accounts as to meet the requirements of this section and section 52 of
part RR of chapter 56 of the laws of 2023:
1. $15,000,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
2. $5,000,000 from state university dormitory income fund, state
university dormitory income fund (40350).
S. 3005 100 A. 3005
3. $5,000,000 from the enterprise fund, city university senior college
operating fund (60851).
§ 32. Notwithstanding any law to the contrary, the comptroller is
hereby authorized to transfer, on or before March 31, 2026, up to
$25,000,000 from various state bond funds (30600 through 30690) to the
general debt service fund (40150), for the purposes of redeeming or
defeasing outstanding state bonds.
§ 33. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 29 of part XX of chapter 56
of the laws of 2024, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [fourteen billion five hundred
twenty-six million eighty-nine thousand dollars $14,526,089,000, plus a
principal amount of bonds issued to fund the debt service reserve fund
in accordance with the debt service reserve fund requirement established
by the agency and to fund any other reserves that the agency reasonably
deems necessary for the security or marketability of such bonds and to
provide for the payment of fees and other charges and expenses, includ-
ing underwriters' discount, trustee and rating agency fees, bond insur-
ance, credit enhancement and liquidity enhancement related to the issu-
ance of such bonds and notes] SIXTEEN BILLION FIVE HUNDRED SIX MILLION
THREE HUNDRED SIXTY-FOUR THOUSAND DOLLARS $16,506,364,000, EXCLUDING
BONDS ISSUED AFTER APRIL FIRST, TWO THOUSAND TWENTY-FIVE TO (I) FUND ONE
OR MORE DEBT SERVICE RESERVE FUNDS, (II) PAY COSTS OF ISSUANCE OF SUCH
BONDS, AND (III) REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUS-
LY ISSUED, PROVIDED THAT NOTHING HEREIN SHALL AFFECT THE EXCLUSION OF
REFUNDING DEBT ISSUED PRIOR TO SUCH DATE. No reserve fund securing the
housing program bonds shall be entitled or eligible to receive state
funds apportioned or appropriated to maintain or restore such reserve
fund at or to a particular level, except to the extent of any deficiency
resulting directly or indirectly from a failure of the state to appro-
priate or pay the agreed amount under any of the contracts provided for
in subdivision four of this section.
§ 34. Paragraph (b) of subdivision 1 of section 385 of the public
authorities law, as amended by section 30 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(b) The authority is hereby authorized, as additional corporate
purposes thereof solely upon the request of the director of the budget:
(i) to issue special emergency highway and bridge trust fund bonds and
notes for a term not to exceed thirty years and to incur obligations
secured by the moneys appropriated from the dedicated highway and bridge
trust fund established in section eighty-nine-b of the state finance
law; (ii) to make available the proceeds in accordance with instructions
provided by the director of the budget from the sale of such special
emergency highway and bridge trust fund bonds, notes or other obli-
gations, net of all costs to the authority in connection therewith, for
the purposes of financing all or a portion of the costs of activities
S. 3005 101 A. 3005
for which moneys in the dedicated highway and bridge trust fund estab-
lished in section eighty-nine-b of the state finance law are authorized
to be utilized or for the financing of disbursements made by the state
for the activities authorized pursuant to section eighty-nine-b of the
state finance law; and (iii) to enter into agreements with the commis-
sioner of transportation pursuant to section ten-e of the highway law
with respect to financing for any activities authorized pursuant to
section eighty-nine-b of the state finance law, or agreements with the
commissioner of transportation pursuant to sections ten-f and ten-g of
the highway law in connection with activities on state highways pursuant
to these sections, and (iv) to enter into service contracts, contracts,
agreements, deeds and leases with the director of the budget or the
commissioner of transportation and project sponsors and others to
provide for the financing by the authority of activities authorized
pursuant to section eighty-nine-b of the state finance law, and each of
the director of the budget and the commissioner of transportation are
hereby authorized to enter into service contracts, contracts, agree-
ments, deeds and leases with the authority, project sponsors or others
to provide for such financing. The authority shall not issue any bonds
or notes in an amount in excess of [twenty-one billion four hundred
fifty-eight million three hundred nine thousand dollars $21,458,309,000]
TWENTY-TWO BILLION THREE HUNDRED NINE MILLION TWO HUNDRED NINETY-FOUR
THOUSAND DOLLARS $22,309,294,000, plus a principal amount of bonds or
notes: (A) to fund capital reserve funds; (B) to provide capitalized
interest; and, (C) to fund other costs of issuance. In computing for the
purposes of this subdivision, the aggregate amount of indebtedness
evidenced by bonds and notes of the authority issued pursuant to this
section, as amended by a chapter of the laws of nineteen hundred nine-
ty-six, there shall be excluded the amount of bonds or notes issued that
would constitute interest under the United States Internal Revenue Code
of 1986, as amended, and the amount of indebtedness issued to refund or
otherwise repay bonds or notes.
§ 35. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 31 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
S. 3005 102 A. 3005
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [eleven billion seven hundred sixty-
three million twenty-two thousand dollars $11,763,022,000] TWELVE
BILLION TWO HUNDRED FIFTEEN MILLION THREE HUNDRED SIXTY-EIGHT THOUSAND
DOLLARS $12,215,368,000, EXCLUDING BONDS ISSUED AFTER APRIL FIRST, TWO
THOUSAND TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS,
(II) PAY COSTS OF ISSUANCE OF SUCH BONDS, AND (III) REFUND OR OTHERWISE
REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED, PROVIDED THAT NOTHING HERE-
IN SHALL AFFECT THE EXCLUSION OF REFUNDING DEBT ISSUED PRIOR TO SUCH
DATE. The legislature reserves the right to amend or repeal such limit,
and the state of New York, the dormitory authority, the city university,
and the fund are prohibited from covenanting or making any other agree-
ments with or for the benefit of bondholders which might in any way
affect such right.
§ 36. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 32 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [four hundred eleven million dollars
$411,000,000] FOUR HUNDRED FORTY-FIVE MILLION DOLLARS $445,000,000.
§ 37. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 33 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [eighteen billion nine hundred eighty-eight million one hundred
sixty-four thousand dollars $18,988,164,000; provided, however, that
bonds issued or to be issued shall be excluded from such limitation if:
(1) such bonds are issued to refund state university construction bonds
and state university construction notes previously issued by the housing
finance agency; or (2) such bonds are issued to refund bonds of the
authority or other obligations issued for state university educational
facilities purposes and the present value of the aggregate debt service
on the refunding bonds does not exceed the present value of the aggre-
gate debt service on the bonds refunded thereby; provided, further that
upon certification by the director of the budget that the issuance of
refunding bonds or other obligations issued between April first, nine-
teen hundred ninety-two and March thirty-first, nineteen hundred nine-
ty-three will generate long term economic benefits to the state, as
assessed on a present value basis, such issuance will be deemed to have
met the present value test noted above. For purposes of this subdivi-
sion, the present value of the aggregate debt service of the refunding
bonds and the aggregate debt service of the bonds refunded, shall be
calculated by utilizing the true interest cost of the refunding bonds,
which shall be that rate arrived at by doubling the semi-annual interest
rate (compounded semi-annually) necessary to discount the debt service
payments on the refunding bonds from the payment dates thereof to the
date of issue of the refunding bonds to the purchase price of the
S. 3005 103 A. 3005
refunding bonds, including interest accrued thereon prior to the issu-
ance thereof. The maturity of such bonds, other than bonds issued to
refund outstanding bonds, shall not exceed the weighted average economic
life, as certified by the state university construction fund, of the
facilities in connection with which the bonds are issued, and in any
case not later than the earlier of thirty years or the expiration of the
term of any lease, sublease or other agreement relating thereto;
provided that no note, including renewals thereof, shall mature later
than five years after the date of issuance of such note] TWENTY BILLION
FIVE HUNDRED THIRTY-EIGHT MILLION ONE HUNDRED SIXTY-FOUR THOUSAND
DOLLARS $20,538,164,000, EXCLUDING BONDS ISSUED AFTER APRIL FIRST, TWO
THOUSAND TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS,
(II) PAY COSTS OF ISSUANCE OF SUCH BONDS, AND (III) REFUND OR OTHERWISE
REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED, PROVIDED THAT NOTHING HERE-
IN SHALL AFFECT THE EXCLUSION OF REFUNDING DEBT ISSUED PRIOR TO SUCH
DATE. The legislature reserves the right to amend or repeal such limit,
and the state of New York, the dormitory authority, the state university
of New York, and the state university construction fund are prohibited
from covenanting or making any other agreements with or for the benefit
of bondholders which might in any way affect such right.
§ 38. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 34 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion three
hundred sixty-five million three hundred eight thousand dollars
$1,365,308,000] ONE BILLION FOUR HUNDRED NINETY-FIVE MILLION SEVEN
HUNDRED SEVENTY-FOUR THOUSAND DOLLARS $1,495,774,000. Such amount shall
be exclusive of bonds and notes issued to fund any reserve fund or
funds, costs of issuance and to refund any outstanding bonds and notes,
issued on behalf of the state, relating to a locally sponsored community
college.
§ 39. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 35 of part XX
of chapter 56 of the laws of 2024, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
S. 3005 104 A. 3005
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [twelve billion nine hundred twenty-one million seven hundred
fifty-six thousand dollars $12,921,756,000, excluding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes; provided, however, that upon any such refunding
or repayment of mental health services facilities improvement bonds
and/or mental health services facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health facilities improvement notes
may be greater than twelve billion nine hundred twenty-one million seven
hundred fifty-six thousand dollars $12,921,756,000, only if, except as
hereinafter provided with respect to mental health services facilities
bonds and mental health services facilities notes issued to refund
mental hygiene improvement bonds authorized to be issued pursuant to the
provisions of section 47-b of the private housing finance law, the pres-
ent value of the aggregate debt service of the refunding or repayment
bonds to be issued shall not exceed the present value of the aggregate
debt service of the bonds to be refunded or repaid. For purposes hereof,
the present values of the aggregate debt service of the refunding or
repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or repaid,
shall be calculated by utilizing the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that rate arrived at by doubling the semi-annual interest rate
(compounded semi-annually) necessary to discount the debt service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding or
repayment bonds, notes or other obligations and to the price bid includ-
ing estimated accrued interest or proceeds received by the authority
including estimated accrued interest from the sale thereof. Such bonds,
other than bonds issued to refund outstanding bonds, shall be scheduled
to mature over a term not to exceed the average useful life, as certi-
fied by the facilities development corporation, of the projects for
which the bonds are issued, and in any case shall not exceed thirty
years and the maximum maturity of notes or any renewals thereof shall
not exceed five years from the date of the original issue of such notes.
Notwithstanding the provisions of this section, the agency shall have
the power and is hereby authorized to issue mental health services
facilities improvement bonds and/or mental health services facilities
improvement notes to refund outstanding mental hygiene improvement bonds
authorized to be issued pursuant to the provisions of section 47-b of
the private housing finance law and the amount of bonds issued or
outstanding for such purposes shall not be included for purposes of
determining the amount of bonds issued pursuant to this section] THIR-
TEEN BILLION SIX HUNDRED THIRTY-NINE MILLION FIVE HUNDRED FIFTY-FOUR
THOUSAND DOLLARS $13,639,554,000, EXCLUDING BONDS ISSUED AFTER APRIL
FIRST, TWO THOUSAND TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT SERVICE
RESERVE FUNDS, (II) PAY COSTS OF ISSUANCE OF SUCH BONDS, AND (III)
S. 3005 105 A. 3005
REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED,
PROVIDED THAT NOTHING HEREIN SHALL AFFECT THE EXCLUSION OF REFUNDING
DEBT ISSUED PRIOR TO SUCH DATE. The director of the budget shall allo-
cate the aggregate principal authorized to be issued by the agency among
the office of mental health, office for people with developmental disa-
bilities, and the office of addiction services and supports, in consul-
tation with their respective commissioners to finance bondable appropri-
ations previously approved by the legislature.
§ 40. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 36 of part XX of chapter 56 of the laws of 2024, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [five hundred twenty-two million five hundred thousand dollars
$522,500,000] FIVE HUNDRED FIFTY MILLION FIVE HUNDRED THOUSAND DOLLARS
$550,500,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital costs related to homeland
security and training facilities for the division of state police, the
division of military and naval affairs, and any other state agency,
including the reimbursement of any disbursements made from the state
capital projects fund, and is hereby authorized to issue bonds or notes
in one or more series in an aggregate principal amount not to exceed
[one billion eight hundred fifty-five million two hundred eighty-six
thousand dollars $1,855,286,000] TWO BILLION ONE HUNDRED SIXTY-EIGHT
MILLION THREE HUNDRED THIRTY-ONE THOUSAND DOLLARS $2,168,331,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued, for the
purpose of financing improvements to State office buildings and other
facilities located statewide, including the reimbursement of any
disbursements made from the state capital projects fund. Such bonds and
notes of the corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to the corporation for debt
service and related expenses pursuant to any service contracts executed
pursuant to subdivision (b) of this section, and such bonds and notes
shall contain on the face thereof a statement to such effect.
§ 41. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 37 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [one billion seven
hundred forty-two million seven hundred twelve thousand dollars
$1,742,712,000] ONE BILLION EIGHT HUNDRED SEVENTY-THREE MILLION FOUR
S. 3005 106 A. 3005
HUNDRED TWELVE THOUSAND DOLLARS $1,873,412,000, excluding bonds issued
to fund one or more debt service reserve funds, to pay costs of issuance
of such bonds, and bonds or notes issued to refund or otherwise repay
such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 42. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 38 of part XX of chapter 56 of the laws of 2024, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [fourteen
billion eight hundred forty-four million five hundred eighty-seven thou-
sand dollars $14,844,587,000 cumulatively by the end of fiscal year
2024-25] FIFTEEN BILLION SEVEN HUNDRED TWENTY-TWO MILLION THREE HUNDRED
EIGHTY-FOUR THOUSAND DOLLARS $15,722,384,000. SUCH LIMIT SHALL EXCLUDE
BONDS ISSUED AFTER APRIL FIRST, TWO THOUSAND TWENTY-FIVE TO (I) FUND ONE
OR MORE DEBT SERVICE RESERVE FUNDS, (II) PAY COSTS OF ISSUANCE OF SUCH
BONDS, AND (III) REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUS-
LY ISSUED, PROVIDED THAT NOTHING HEREIN SHALL AFFECT THE EXCLUSION OF
REFUNDING DEBT ISSUED PRIOR TO SUCH DATE. For purposes of this subdivi-
sion, such projects shall be deemed to include capital grants to cities,
towns and villages for the reimbursement of eligible capital costs of
local highway and bridge projects within such municipality, where allo-
cations to cities, towns and villages are based on the total number of
New York or United States or interstate signed touring route miles for
which such municipality has capital maintenance responsibility, and
where such eligible capital costs include the costs of construction and
repair of highways, bridges, highway-railroad crossings, and other
transportation facilities for projects with a service life of ten years
or more.
§ 43. Subdivision 1 of section 53 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 39 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the acquisition of equipment, including but
not limited to the creation or modernization of information technology
systems and related research and development equipment, health and safe-
S. 3005 107 A. 3005
ty equipment, heavy equipment and machinery, the creation or improvement
of security systems, and laboratory equipment and other state costs
associated with such capital projects. The aggregate principal amount
of bonds authorized to be issued pursuant to this section shall not
exceed [five hundred ninety-three million dollars $593,000,000] SIX
HUNDRED NINETY-THREE MILLION DOLLARS $693,000,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Such bonds and notes of the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the dormitory authority and the urban development corporation
for principal, interest, and related expenses pursuant to a service
contract and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 44. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 40 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [ten billion eight hundred sixty-six million five
hundred sixty thousand dollars $10,866,560,000] THIRTEEN BILLION TWO
HUNDRED NINETEEN MILLION ONE HUNDRED SIXTY THOUSAND DOLLARS
$13,219,160,000, exclusive of bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds or notes
issued to refund or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
§ 45. Subdivision 1 and paragraph (a) of subdivision 2 of section 17
of part D of chapter 389 of the laws of 1997, relating to the financing
of the correctional facilities improvement fund and the youth facility
improvement fund, subdivision 1 as amended by section 41 of part XX of
chapter 56 of the laws of 2024, and paragraph (a) of subdivision 2 as
amended by section 20 of part P2 of chapter 62 of the laws of 2003, are
amended to read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [one billion sixty-six million
seven hundred fifty-five thousand dollars $1,066,755,000, which] ONE
BILLION TWO HUNDRED SEVENTEEN MILLION SEVEN HUNDRED FIFTY-FIVE THOUSAND
DOLLARS $1,217,755,000, EXCLUDING BONDS ISSUED AFTER APRIL FIRST, TWO
THOUSAND TWENTY-FIVE TO (A) FUND ONE OR MORE DEBT SERVICE RESERVE FUNDS,
(B) TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND (C) REFUND OR OTHERWISE
REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED, PROVIDED THAT NOTHING HERE-
IN SHALL AFFECT THE EXCLUSION OF REFUNDING DEBT ISSUED PRIOR TO SUCH
DATE. WHICH authorization increases the aggregate principal amount of
S. 3005 108 A. 3005
bonds, notes and other obligations authorized by section 40 of chapter
309 of the laws of 1996, and shall include all bonds, notes and other
obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund or the capital projects fund, to pay for all or
any portion of the amount or amounts paid by the state from appropri-
ations or reappropriations made to the office of children and family
services from the youth facilities improvement fund OR THE CAPITAL
PROJECTS FUND for capital projects. [The aggregate amount of bonds,
notes and other obligations authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from appropriations or reappropriations
made to the office of children and family services; provided, however,
that upon any such refunding or repayment the total aggregate principal
amount of outstanding bonds, notes or other obligations may be greater
than one billion sixty-six million seven hundred fifty-five thousand
dollars $1,066,755,000, only if the present value of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
to be issued shall not exceed the present value of the aggregate debt
service of the bonds, notes or other obligations so to be refunded or
repaid. For the purposes hereof, the present value of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
and of the aggregate debt service of the bonds, notes or other obli-
gations so refunded or repaid, shall be calculated by utilizing the
effective interest rate of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the corporation including estimated accrued interest from
the sale thereof.]
(a) The New York state office of general services shall be responsible
for the undertaking of studies, planning, site acquisition, design,
construction, reconstruction, renovation and development of youth facil-
ities AND THE TONAWANDA INDIAN COMMUNITY HOUSE, including the making of
any purchases therefor, on behalf of the New York state office of chil-
dren and family services.
§ 46. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 42 of part XX of chapter 56 of the laws of 2024, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed
[fifteen billion two hundred forty million six hundred sixty-nine thou-
S. 3005 109 A. 3005
sand dollars $15,240,669,000] SEVENTEEN BILLION FOUR MILLION TWENTY-SEV-
EN THOUSAND DOLLARS $ 17,004,027,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the authority, the dormitory authority
and the urban development corporation shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to the authori-
ty, the dormitory authority and the urban development corporation for
principal, interest, and related expenses pursuant to a service contract
and such bonds and notes shall contain on the face thereof a statement
to such effect. Except for purposes of complying with the internal
revenue code, any interest income earned on bond proceeds shall only be
used to pay debt service on such bonds.
§ 47. Subdivision 1 of section 44 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 43 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the regional economic development council initiative,
the economic transformation program, state university of New York
college for nanoscale and science engineering, projects within the city
of Buffalo or surrounding environs, the New York works economic develop-
ment fund, projects for the retention of professional football in west-
ern New York, the empire state economic development fund, the clarkson-
trudeau partnership, the New York genome center, the cornell university
college of veterinary medicine, the olympic regional development author-
ity, projects at nano Utica, onondaga county revitalization projects,
Binghamton university school of pharmacy, New York power electronics
manufacturing consortium, regional infrastructure projects, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects,
athletic facilities for professional football in Orchard Park, New York,
Rush - NY, New York AI Consortium, New York Creates UEV Tool, and other
state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [twenty billion eight hundred seventy-eight million one
hundred ninety-four thousand dollars $20,878,194,000] TWENTY-TWO BILLION
EIGHT HUNDRED FORTY-NINE MILLION NINE HUNDRED FIFTY-THREE THOUSAND
DOLLARS $22,849,953,000, excluding bonds issued to fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
S. 3005 110 A. 3005
or notes issued to refund or otherwise repay such bonds or notes previ-
ously issued. Such bonds and notes of the dormitory authority and the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
§ 48. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 44 of part XX of chapter 56 of the laws of 2024, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [two hundred ninety-seven
million dollars $297,000,000] THREE HUNDRED NINETY-SEVEN MILLION DOLLARS
$397,000,000, excluding bonds issued to finance one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued, for the purpose of financing capital projects for public
protection facilities in the Division of Military and Naval Affairs,
debt service and leases; and to reimburse the state general fund for
disbursements made therefor. Such bonds and notes of such authorized
issuer shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by the state to such authorized issuer for debt
service and related expenses pursuant to any service contract executed
pursuant to subdivision (b) of this section and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 49. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 45 of part XX of chapter 56 of the
laws of 2024, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of the state educa-
tion department, special act school districts, state-supported schools
for the blind and deaf, approved private special education schools,
non-public schools, community centers, day care facilities, residential
camps, day camps, Native American Indian Nation schools, and other state
costs associated with such capital projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [three hundred ninety-six million eight hundred ninety-eight
thousand dollars $396,898,000] FOUR HUNDRED FORTY MILLION THREE HUNDRED
NINETY-SEVEN THOUSAND DOLLARS $440,397,000, excluding bonds issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
S. 3005 111 A. 3005
bonds or notes previously issued. Such bonds and notes of the dormitory
authority and the urban development corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
§ 50. Subdivision 1 of section 1680-k of the public authorities law,
as amended by section 46 of part XX of chapter 56 of the laws of 2024,
is amended to read as follows:
1. Subject to the provisions of chapter fifty-nine of the laws of two
thousand, but notwithstanding any provisions of law to the contrary, the
dormitory authority is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [forty-one
million sixty thousand dollars $41,060,000] FORTY-ONE MILLION ONE
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS $41,175,000, excluding bonds
issued to finance one or more debt service reserve funds, to pay costs
of issuance of such bonds, and bonds or notes issued to refund or other-
wise repay such bonds or notes previously issued, for the purpose of
financing the construction of the New York state agriculture and markets
food laboratory. Eligible project costs may include, but not be limited
to the cost of design, financing, site investigations, site acquisition
and preparation, demolition, construction, rehabilitation, acquisition
of machinery and equipment, and infrastructure improvements. Such bonds
and notes of such authorized issuers shall not be a debt of the state,
and the state shall not be liable thereon, nor shall they be payable out
of any funds other than those appropriated by the state to such author-
ized issuers for debt service and related expenses pursuant to any
service contract executed pursuant to subdivision two of this section
and such bonds and notes shall contain on the face thereof a statement
to such effect. Except for purposes of complying with the internal
revenue code, any interest income earned on bond proceeds shall only be
used to pay debt service on such bonds.
§ 51. Subdivision 1 of section 1680-r of the public authorities law,
as amended by section 46 of part PP of chapter 56 of the laws of 2023,
is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs for the capital restructuring financing program
for health care and related facilities licensed pursuant to the public
health law or the mental hygiene law and other state costs associated
with such capital projects, the health care facility transformation
programs, the essential health care provider program, and other health
care capital project costs. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [five
billion one hundred fifty-three million dollars $5,153,000,000] SIX
BILLION ONE HUNDRED SIXTY-EIGHT MILLION DOLLARS $6,168,000,000, exclud-
ing bonds issued to fund one or more debt service reserve funds, to pay
costs of issuance of such bonds, and bonds or notes issued to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the dormitory authority and the urban development corporation
shall not be a debt of the state, and the state shall not be liable
S. 3005 112 A. 3005
thereon, nor shall they be payable out of any funds other than those
appropriated by the state to the dormitory authority and the urban
development corporation for principal, interest, and related expenses
pursuant to a service contract and such bonds and notes shall contain on
the face thereof a statement to such effect. Except for purposes of
complying with the internal revenue code, any interest income earned on
bond proceeds shall only be used to pay debt service on such bonds.
§ 52. Subdivision 1 of section 386-a of the public authorities law, as
amended by section 55 of part XX of chapter 56 of the laws of 2024, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of assisting the metropolitan transportation authority in
the financing of transportation facilities as defined in subdivision
seventeen of section twelve hundred sixty-one of this chapter or other
capital projects. The aggregate principal amount of bonds authorized to
be issued pursuant to this section shall not exceed [twelve billion five
hundred fifteen million eight hundred fifty-six thousand dollars
$12,515,856,000] FIFTEEN BILLION FIVE HUNDRED FIFTEEN MILLION EIGHT
HUNDRED FIFTY-SIX THOUSAND DOLLARS $15,515,856,000, excluding bonds
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and to refund or otherwise repay such bonds or
notes previously issued. Such bonds and notes of the authority, the
dormitory authority and the urban development corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the authority, the dormitory authority and the urban develop-
ment corporation for principal, interest, and related expenses pursuant
to a service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds. Notwith-
standing any other provision of law to the contrary, including the limi-
tations contained in subdivision four of section sixty-seven-b of the
state finance law, (A) any bonds and notes issued prior to April first,
two thousand twenty-seven pursuant to this section may be issued with a
maximum maturity of fifty years, and (B) any bonds issued to refund such
bonds and notes may be issued with a maximum maturity of fifty years
from the respective date of original issuance of such bonds and notes.
§ 53. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 28 of part PP of chapter 56 of the laws of 2023, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [five
hundred thirty-eight million one hundred thousand dollars $538,100,000]
FIVE HUNDRED FIFTY MILLION ONE HUNDRED THOUSAND DOLLARS $550,100,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to reimburse
S. 3005 113 A. 3005
the state general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer shall not be a debt of the state, and
the state shall not be liable thereon, nor shall they be payable out of
any funds other than those appropriated by the state to such authorized
issuer for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 54. Subdivision 3 of section 1285-q of the public authorities law,
as amended by section 43 of part BB of chapter 56 of the laws of 2015,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects and environmental
restoration projects authorized by this section shall not exceed [two
billion two hundred million dollars] THREE BILLION FOUR HUNDRED FIFTY
MILLION DOLLARS $3,450,000,000 and shall not exceed one hundred million
dollars for appropriations enacted for any state fiscal year, provided
that the bonds not issued for such appropriations may be issued pursuant
to reappropriation in subsequent fiscal years. [No bonds shall be issued
for the repayment of any new appropriation enacted after March thirty-
first, two thousand twenty-six for hazardous waste site remediation
projects authorized by this section.] Amounts authorized to be issued by
this section shall be exclusive of bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds or notes
issued to refund or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by this state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
§ 55. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 28 of part XX of chapter 56 of the laws of 2024, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [ten billion two hundred nine-
ty-nine million three hundred fifty-nine thousand dollars
$10,299,359,000, and shall include all bonds, notes and other obli-
gations issued pursuant to chapter 56 of the laws of 1983, as amended or
supplemented. The proceeds of such bonds, notes or other obligations
shall be paid to the state, for deposit in the correctional facilities
capital improvement fund to pay for all or any portion of the amount or
amounts paid by the state from appropriations or reappropriations made
to the department of corrections and community supervision from the
correctional facilities capital improvement fund for capital projects.
The aggregate amount of bonds, notes or other obligations authorized to
be issued pursuant to this section shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds, notes or other
S. 3005 114 A. 3005
obligations theretofore issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended by the state from
appropriations or reappropriations made to the department of corrections
and community supervision; provided, however, that upon any such refund-
ing or repayment the total aggregate principal amount of outstanding
bonds, notes or other obligations may be greater than ten billion two
hundred ninety-nine million three hundred fifty-nine thousand dollars
$10,299,359,000, only if the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations to be
issued shall not exceed the present value of the aggregate debt service
of the bonds, notes or other obligations so to be refunded or repaid.
For the purposes hereof, the present value of the aggregate debt service
of the refunding or repayment bonds, notes or other obligations and of
the aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the corporation including estimated accrued interest from the sale ther-
eof] ELEVEN BILLION ONE HUNDRED SEVENTEEN MILLION THREE HUNDRED FIFTY-
NINE THOUSAND DOLLARS $11,117,359,000, EXCLUDING BONDS ISSUED AFTER
APRIL FIRST, TWO THOUSAND TWENTY-FIVE TO (I) FUND ONE OR MORE DEBT
SERVICE RESERVE FUNDS, (II) PAY COSTS OF ISSUANCE OF SUCH BONDS, AND
(III) REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED,
PROVIDED THAT NOTHING HEREIN SHALL AFFECT THE EXCLUSION OF REFUNDING
DEBT ISSUED PRIOR TO SUCH DATE.
§ 56. The opening paragraph of section 3573 of the public authorities
law, as added by chapter 5 of the laws of 1997, is amended to read as
follows:
Notwithstanding any provision of this article or any other provision
of law to the contrary, so long as bonds issued by the dormitory author-
ity [to finance facilities for] ON OR BEFORE MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-FIVE TO MAKE LOANS TO the department of health of the
state of New York TO FINANCE STATE HOSPITAL FACILITIES LISTED IN SECTION
FOUR HUNDRED THREE OF THE PUBLIC HEALTH LAW remain outstanding as
defined in the bond resolution under which such bonds were issued, the
following provisions shall be applicable:
§ 57. Paragraph (a) of subdivision 2 of section 409 of the public
health law, as amended by chapter 5 of the laws of 1997, is amended and
a new subdivision 6 is added to read as follows:
(a) The commissioner shall, after the first day of July, nineteen
hundred seventy-one, pay over moneys received by the department includ-
ing, SUBJECT TO SUBDIVISION SIX OF THIS SECTION, moneys received from
the Roswell Park Cancer Institute corporation for the care, maintenance
and treatment of patients at state hospitals in the department as
enumerated in section four hundred three of this chapter, together with
money received from fees, including parking fees, refunds, reimburse-
ments, payments received pursuant to leases, sales of property and
miscellaneous receipts of such hospitals other than gifts, grants,
bequests and moneys received under research contracts, and clinical
practice income received pursuant to a clinical practice plan estab-
lished pursuant to subdivision fourteen of section two hundred six of
S. 3005 115 A. 3005
this chapter except for the amount of money required by the comptroller
to be maintained on deposit in the department of health income fund
pursuant to paragraph (c) of this subdivision less payments required to
be made into pools created by this chapter and for assessments estab-
lished pursuant to this chapter and less refunds made pursuant to law,
to the comptroller to be deposited by [him] THE COMPTROLLER in the
department of health income fund. Such moneys shall be kept separate and
shall not be commingled with any other moneys in the hands of the comp-
troller. All deposits of such money shall, if required by the comp-
troller, be secured by obligations of the United States or of the state
of market value equal at all times to the amount of the deposit and all
banks and trust companies are authorized to give such securities for
such deposits. The commissioner shall identify to the comptroller moneys
received from Roswell Park Cancer Institute corporation or its subsid-
iaries.
6. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, UPON THE
PAYMENT OR PROVISION FOR PAYMENT OF ALL OUTSTANDING BONDS ISSUED ON OR
BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE BY THE DORMITORY
AUTHORITY TO MAKE LOANS TO THE DEPARTMENT TO FINANCE OR REFINANCE STATE
HOSPITAL FACILITIES IN ACCORDANCE WITH THE TERMS OF THE BOND RESOLUTION
UNDER WHICH SUCH BONDS WERE ISSUED, THE PROVISIONS OF SUBDIVISIONS TWO
AND FIVE OF THIS SECTION REQUIRING (I) THE PAYMENT AND IDENTIFICATION BY
THE DEPARTMENT TO THE COMPTROLLER OF MONEYS RECEIVED FROM THE ROSWELL
PARK CANCER INSTITUTE CORPORATION, (II) THE DEPOSIT AND MAINTENANCE OF
SUCH MONEYS FROM THE ROSWELL PARK CANCER INSTITUTE CORPORATION BY THE
COMPTROLLER IN THE DEPARTMENT OF HEALTH INCOME FUND, AND (III) THE
RELEASE OF EXCESS MONEYS IN THE DEPARTMENT OF HEALTH INCOME FUND ATTRI-
BUTED TO THE OPERATION OF THE ROSWELL PARK CANCER INSTITUTE CORPORATION
OR ITS SUBSIDIARIES, SHALL NO LONGER BE APPLICABLE AND, THEREAFTER, ALL
SUCH MONEYS FROM THE OPERATION OF THE ROSWELL PARK CANCER INSTITUTE
CORPORATION SHALL REMAIN IN THE CUSTODY AND/OR CONTROL OF THE CORPO-
RATION AND/OR ITS SUBSIDIARIES.
§ 58. Paragraph (b) of subdivision 1 of section 54-b of section 1 of
chapter 174 of the laws of 1968 constituting the urban development
corporation act, as amended by section 54 of part XX of chapter 56 of
the laws of 2024, is amended to read as follows:
(b) Notwithstanding any other provision of law to the contrary,
including, specifically, the provisions of chapter 59 of the laws of
2000 and section sixty-seven-b of the state finance law, the dormitory
authority of the state of New York and the corporation are hereby
authorized to issue personal income tax revenue anticipation notes with
a maturity no later than March 31[, 2025] OF THE STATE FISCAL YEAR IN
WHICH SUCH NOTES ARE ISSUED, in one or more series in an aggregate prin-
cipal amount for each fiscal year not to exceed three billion dollars,
and to pay costs of issuance of such notes, for the purpose of temporar-
ily financing budgetary needs of the state. Such purpose shall consti-
tute an authorized purpose under subdivision two of section
sixty-eight-a of the state finance law for all purposes of article
five-C of the state finance law with respect to the notes authorized by
this paragraph. Such notes shall not be renewed, extended or refunded.
For so long as any notes authorized by this paragraph shall be outstand-
ing, the restrictions, limitations and requirements contained in article
five-B of the state finance law shall not apply.
§ 59. Subdivision 8 of section 68-b of the state finance law, as
amended by section 60 of part JJJ of chapter 59 of the laws of 2021, is
amended to read as follows:
S. 3005 116 A. 3005
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state of New York, the urban
development corporation [and], the New York state thruway authority, THE
NEW YORK STATE HOUSING FINANCE AGENCY, AND THE NEW YORK STATE ENVIRON-
MENTAL FACILITIES CORPORATION may issue revenue bonds for any authorized
purpose of any other such authorized issuer [through March thirty-first,
two thousand twenty-five]. Any such revenue bonds issued by the New York
state thruway authority shall be subject to the approval of the New York
state public authorities control board, pursuant to section fifty-one of
the public authorities law. The authorized issuers shall not issue any
revenue bonds in an amount in excess of statutory authorizations for
such authorized purposes. Authorizations for such authorized purposes
shall be reduced in an amount equal to the amount of revenue bonds
issued for such authorized purposes under this article. Such reduction
shall not be made in relation to revenue bonds issued to fund reserve
funds, if any, and costs of issuance, [if these items are not counted
under existing authorizations,] nor shall revenue bonds issued to refund
bonds issued under existing authorizations reduce the amount of such
authorizations.
§ 60. Subdivision 1 of section 56 of the state finance law, as amended
by chapter 415 of the laws of 1986, is amended to read as follows:
1. Whenever in [his] THE COMPTROLLER'S opinion it is to the advantage
of the state the comptroller when issuing and selling any bonds of the
state may reserve to the state on such conditions as [he] THE COMP-
TROLLER may deem advisable and proper the privilege of refunding or of
redeeming [at not more than three per centum above par value] all or any
part of such bonds prior to the date on which they shall be due and
payable.
§ 61. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2025; provided,
however, that the provisions of sections one, two, three, four, five,
six, seven, eight, thirteen, fourteen, fifteen, sixteen, seventeen,
eighteen, nineteen, twenty and twenty-one of this act shall expire March
31, 2026.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through EE of this act shall be
as specifically set forth in the last section of such Parts.
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