Bill Text: NY A03005 | 2025-2026 | General Assembly | Introduced


Bill Title: 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; makes related provisions (Part B); expands eligibility for who may hold correction and police officer positions (Part C); establishes the crime of domestic violence (Part D); expands the merit time allowance and limited credit time allowance programs (Part E); eliminates the statute of limitations for sex trafficking cases (Part F); expands support services for victims of financial abuse and homicide (Part G); expands protections and services to survivors of sexual assault for itemized charges related to exams for such survivors (Part H); improves access to public assistance for survivors of gender-based violence; repeals provisions relating thereto (Part I); requires certain employers to implement a model gender-based violence and the workplace policy (Part J); requires cybersecurity incident reporting by municipalities to the division of homeland security and emergency services and for such division to issue related reports; exempts such reports from freedom of information laws (Part K); prohibits artificial intelligence-generated child sexual abuse material (Part L); includes the patronization of a person who is mentally disabled in the offense of sex trafficking (Part M); requires sentences for certain crimes to require that the defendant refrain from using or entering metropolitan transportation authority subways, trains, buses, or other conveyances or facilities; requires such orders to be served on the authority (Part N); expands the definition of "building" for the purpose of the offense of criminal trespass and burglary to include structures, vehicles or watercraft used for the business of transporting persons (Part O); establishes the crime of aggravated transportation (Part P); extends provisions of law relating to liquidator's permits and temporary retail permits (Part Q); increases the bond limit for the New York city transitional finance authority (Part R); modifies the industrial and commercial abatement program (Part S); adjusts interest rates on consumer debt and claims against the state (Part T); relates to medicare premium charge reimbursements (Part U); extends the civil service fee waiver for certain persons (Part V); provides for an optional payment election for certain employees (Part W); requires certain state and municipal employees who use technology as a part of their official job duties to take annual cybersecurity awareness training (Part X); authorizes construction manager as constructor contracts as an alternative delivery method for authorized projects; defines construction manager as constructor contracts (Part Y); provides for alternative project delivery methods for the New York city public works investment act (Part Z); allows certain residents or fellows to render medical care in cases of workers' compensation injuries (Part AA); specifies which providers are authorized to render certain medical care under the workers' compensation law (Part BB); provides for temporary payment of compensation for medical treatment and care, including prescription drugs (Part CC); provides for payments for covered medical and/or hospital services for or on behalf of an injured employee when the claim is controverted (Part DD); provides for the administration of certain funds and accounts related to the 2025-2026 budget; authorizes certain payments and transfers; relates to the administration of certain funds and accounts (Part EE).

Spectrum: Committee Bill

Status: (Introduced) 2025-01-22 - referred to ways and means [A03005 Detail]

Download: New_York-2025-A03005-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

            S. 3005                                                  A. 3005

                SENATE - ASSEMBLY

                                    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:

     1    Section  1.  This  act enacts into law major components of legislation
     2  necessary to implement the state public protection and  general  govern-
     3  ment budget for the 2025-2026 state fiscal year. Each component is whol-
     4  ly  contained within a Part identified as Parts A through EE. The effec-
     5  tive date for each particular provision contained within  such  Part  is
     6  set forth in the last section of such Part. Any provision in any section
     7  contained within a Part, including the effective date of the Part, which
     8  makes  a  reference  to a section "of this act", when used in connection
     9  with that particular component, shall be deemed to mean and refer to the
    10  corresponding section of the Part in which it is found. Section three of
    11  this act sets forth the general effective date of this act.

    12                                   PART A

    13    Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
    14  correction  law  relating to the psychological testing of candidates, as
    15  amended by section 1 of part A of chapter 55 of the  laws  of  2023,  is
    16  amended to read as follows:
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law and shall remain in effect until September 1,
    19  [2025] 2027.
    20    § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
    21  tive  law  and  the  criminal  procedure  law  relating to expanding the

        S. 3005                             6                            A. 3005

     1  geographic area of employment of certain police officers, as amended  by
     2  section  2  of  part  A of chapter 55 of the laws of 2023, is amended to
     3  read as follows:
     4    §  3.  This  act  shall  take effect on the first day of November next
     5  succeeding the date on which it shall  have  become  a  law,  and  shall
     6  remain  in effect until the first day of September, [2025] 2027, when it
     7  shall expire and be deemed repealed.
     8    § 3. Section 3 of chapter 886  of  the  laws  of  1972,  amending  the
     9  correction  law  and  the  penal  law  relating to prisoner furloughs in
    10  certain cases and the crime  of  absconding  therefrom,  as  amended  by
    11  section  3  of  part  A of chapter 55 of the laws of 2023, is amended to
    12  read as follows:
    13    § 3. This act shall take effect 60 days after it shall have  become  a
    14  law and shall remain in effect until September 1, [2025] 2027.
    15    §  4. Section 20 of chapter 261 of the laws of 1987, amending chapters
    16  50, 53 and 54 of the laws of 1987, the correction law, the penal law and
    17  other chapters and laws relating to correctional facilities, as  amended
    18  by  section 4 of part A of chapter 55 of the laws of 2023, is amended to
    19  read as follows:
    20    § 20. This act shall take effect immediately except that section thir-
    21  teen of this act shall expire and be of no further force  or  effect  on
    22  and  after  September  1,  [2025]  2027  and  shall not apply to persons
    23  committed to the custody of the department after such date, and provided
    24  further that the commissioner of corrections and  community  supervision
    25  shall  report  each January first and July first during such time as the
    26  earned eligibility program is in effect, to the [chairmen] chairs of the
    27  senate crime victims, crime and correction committee, the  senate  codes
    28  committee,  the  assembly  correction  committee, and the assembly codes
    29  committee, the standards in effect for  earned  eligibility  during  the
    30  prior six-month period, the number of [inmates] incarcerated individuals
    31  subject to the provisions of earned eligibility, the number who actually
    32  received  certificates of earned eligibility during that period of time,
    33  the number of [inmates] incarcerated individuals with  certificates  who
    34  are granted parole upon their first consideration for parole, the number
    35  with  certificates who are denied parole upon their first consideration,
    36  and the number of individuals granted and denied parole who did not have
    37  earned eligibility certificates.
    38    § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
    39  amending the tax law and other laws relating to taxes, surcharges,  fees
    40  and funding, as amended by section 5 of part A of chapter 55 of the laws
    41  of 2023, is amended to read as follows:
    42    (q)  the  provisions  of  section  two hundred eighty-four of this act
    43  shall remain in effect until September 1, [2025] 2027 and be  applicable
    44  to all persons entering the program on or before August 31, [2025] 2027.
    45    §  6.  Section  10  of  chapter  339 of the laws of 1972, amending the
    46  correction law and the  penal  law  relating  to  inmate  work  release,
    47  furlough  and  leave, as amended by section 6 of part A of chapter 55 of
    48  the laws of 2023, is amended to read as follows:
    49    § 10. This act shall take effect 30 days after it shall have become  a
    50  law  and  shall  remain  in  effect  until September 1, [2025] 2027, and
    51  provided further that the commissioner of  correctional  services  shall
    52  report  each  January first, and July first, to the [chairman] chairs of
    53  the senate crime victims, crime and  correction  committee,  the  senate
    54  codes  committee,  the  assembly  correction committee, and the assembly
    55  codes committee, the number of eligible [inmates] incarcerated  individ-
    56  uals  in each facility under the custody and control of the commissioner

        S. 3005                             7                            A. 3005

     1  who have applied for participation in  any  program  offered  under  the
     2  provisions  of  work release, furlough, or leave, and the number of such
     3  [inmates] incarcerated individuals who have been  approved  for  partic-
     4  ipation.
     5    §  7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994,
     6  relating to certain provisions which impact upon expenditure of  certain
     7  appropriations  made  by  chapter  50  of the laws of 1994, enacting the
     8  state operations budget, as amended by section 7 of part A of chapter 55
     9  of the laws of 2023, is amended to read as follows:
    10    (c) sections forty-one and forty-two of this act shall expire  Septem-
    11  ber  1,  [2025] 2027; provided, that the provisions of section forty-two
    12  of this act shall apply to [inmates] incarcerated  individuals  entering
    13  the work release program on or after such effective date; and
    14    §  8.  Subdivision  (aa)  of  section 427 of chapter 55 of the laws of
    15  1992, amending the tax law and other laws relating to taxes, surcharges,
    16  fees and funding, as amended by section 8 of part A of chapter 55 of the
    17  laws of 2023, is amended to read as follows:
    18    (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
    19  hundred  eighty-three  and  three  hundred eighty-four of this act shall
    20  expire on September 1, [2025] 2027;
    21    § 9. Section 12 of chapter 907 of  the  laws  of  1984,  amending  the
    22  correction  law,  the New York city criminal court act and the executive
    23  law relating to prison and jail housing and  alternatives  to  detention
    24  and incarceration programs, as amended by section 9 of part A of chapter
    25  55 of the laws of 2023, is amended to read as follows:
    26    §  12.  This  act  shall  take  effect  immediately,  except  that the
    27  provisions of sections one through ten of this act shall remain in  full
    28  force  and  effect  until  September  1, [2025] 2027 on which date those
    29  provisions shall be deemed to be repealed.
    30    § 10. Subdivision (p) of section 406 of chapter 166  of  the  laws  of
    31  1991,  amending the tax law and other laws relating to taxes, as amended
    32  by section 10 of part A of chapter 55 of the laws of 2023, is amended to
    33  read as follows:
    34    (p) The amendments to section 1809 of the vehicle and traffic law made
    35  by sections three hundred thirty-seven and three hundred thirty-eight of
    36  this act shall not apply to any offense committed prior to  such  effec-
    37  tive  date;  provided,  further, that section three hundred forty-one of
    38  this act shall take effect immediately and shall expire November 1, 1993
    39  at which time it  shall  be  deemed  repealed;  sections  three  hundred
    40  forty-five  and  three  hundred  forty-six of this act shall take effect
    41  July 1, 1991; sections three hundred fifty-five,  three  hundred  fifty-
    42  six,  three hundred fifty-seven and three hundred fifty-nine of this act
    43  shall take effect immediately and shall expire June 30, 1995  and  shall
    44  revert to and be read as if this act had not been enacted; section three
    45  hundred  fifty-eight of this act shall take effect immediately and shall
    46  expire June 30, 1998 and shall revert to and be read as if this act  had
    47  not been enacted; section three hundred sixty-four through three hundred
    48  sixty-seven  of  this  act  shall apply to claims filed on or after such
    49  effective date; sections three hundred sixty-nine, three hundred  seven-
    50  ty-two,  three  hundred seventy-three, three hundred seventy-four, three
    51  hundred seventy-five and three hundred seventy-six  of  this  act  shall
    52  remain  in  effect  until  September  1, [2025] 2027, at which time they
    53  shall  be  deemed  repealed;  provided,  however,  that  the   mandatory
    54  surcharge  provided  in  section  three hundred seventy-four of this act
    55  shall apply to parking violations occurring on or after  said  effective
    56  date;  and  provided  further that the amendments made to section 235 of

        S. 3005                             8                            A. 3005

     1  the vehicle and traffic law by section three hundred seventy-two of this
     2  act, the amendments made to section 1809 of the vehicle and traffic  law
     3  by sections three hundred thirty-seven and three hundred thirty-eight of
     4  this  act  and  the amendments made to section 215-a of the labor law by
     5  section three hundred seventy-five of this act shall expire on September
     6  1, [2025] 2027 and upon such date the provisions  of  such  subdivisions
     7  and  sections  shall  revert to and be read as if the provisions of this
     8  act had not been enacted; the amendments to  subdivisions  2  and  3  of
     9  section  400.05 of the penal law made by sections three hundred seventy-
    10  seven and three hundred seventy-eight of this act shall expire  on  July
    11  1,  1992  and  upon  such date the provisions of such subdivisions shall
    12  revert and shall be read as if the provisions of this act had  not  been
    13  enacted;  the  state board of law examiners shall take such action as is
    14  necessary to assure that all applicants for examination for admission to
    15  practice as an attorney and counsellor at law shall  pay  the  increased
    16  examination fee provided for by the amendment made to section 465 of the
    17  judiciary  law by section three hundred eighty of this act for any exam-
    18  ination given on or after the effective date of this act notwithstanding
    19  that an applicant for such examination may have prepaid a lesser fee for
    20  such examination as required by the provisions of such section 465 as of
    21  the date prior to the effective date of  this  act;  the  provisions  of
    22  section  306-a  of  the civil practice law and rules as added by section
    23  three hundred eighty-one of this act shall apply to all actions  pending
    24  on  or  commenced on or after September 1, 1991, provided, however, that
    25  for the purposes of this section service of such summons made  prior  to
    26  such  date  shall be deemed to have been completed on September 1, 1991;
    27  the provisions of section three hundred eighty-three of this  act  shall
    28  apply  to  all  money  deposited  in  connection  with  a cash bail or a
    29  partially secured bail bond on or after such  effective  date;  and  the
    30  provisions  of  sections  three  hundred  eighty-four  and three hundred
    31  eighty-five of this act shall  apply  only  to  jury  service  commenced
    32  during  a judicial term beginning on or after the effective date of this
    33  act; provided, however, that nothing contained herein shall be deemed to
    34  affect the application,  qualification,  expiration  or  repeal  of  any
    35  provision  of law amended by any section of this act and such provisions
    36  shall be applied or qualified or shall expire or be deemed  repealed  in
    37  the same manner, to the same extent and on the same date as the case may
    38  be as otherwise provided by law;
    39    § 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as
    40  amended  by  section  11 of part A of chapter 55 of the laws of 2023, is
    41  amended to read as follows:
    42    8. The provisions of this section shall only apply to offenses commit-
    43  ted on or before September first, two thousand [twenty-five] twenty-sev-
    44  en.
    45    § 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
    46  cle and traffic law relating to the ignition interlock  device  program,
    47  as amended by section 12 of part A of chapter 55 of the laws of 2023, is
    48  amended to read as follows:
    49    §  6.  This  act  shall  take  effect  on  the first day of April next
    50  succeeding the date on which it  shall  have  become  a  law;  provided,
    51  however,  that  effective immediately, the addition, amendment or repeal
    52  of any rule or regulation necessary for the implementation of the  fore-
    53  going  sections  of  this  act on their effective date is authorized and
    54  directed to be made and completed on or before such effective  date  and
    55  shall  remain in full force and effect until the first day of September,

        S. 3005                             9                            A. 3005

     1  [2025] 2027 when upon such date the provisions  of  this  act  shall  be
     2  deemed repealed.
     3    § 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
     4  laws of 1997, amending the military law and other laws relating to vari-
     5  ous  provisions, as amended by section 13 of part A of chapter 55 of the
     6  laws of 2023, is amended to read as follows:
     7    a. sections forty-three through forty-five of this  act  shall  expire
     8  and be deemed repealed on September 1, [2025] 2027;
     9    § 14. Section 4 of part D of chapter 412 of the laws of 1999, amending
    10  the civil practice law and rules and the court of claims act relating to
    11  prisoner  litigation reform, as amended by section 14 of part A of chap-
    12  ter 55 of the laws of 2023, is amended to read as follows:
    13    § 4. This act shall take effect 120 days after it shall have become  a
    14  law  and shall remain in full force and effect until September 1, [2025]
    15  2027, when upon such date it shall expire.
    16    § 15. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
    17  constituting  the  family  protection and domestic violence intervention
    18  act of 1994, as amended by section 15 of part A of  chapter  55  of  the
    19  laws of 2023, is amended to read as follows:
    20    2.  Subdivision  4  of section 140.10 of the criminal procedure law as
    21  added by section thirty-two of this act shall  take  effect  January  1,
    22  1996  and  shall  expire  and  be deemed repealed on September 1, [2025]
    23  2027.
    24    § 16. Section 5 of chapter 505 of the laws of 1985, amending the crim-
    25  inal procedure law relating to the use of closed-circuit television  and
    26  other  protective  measures  for  certain child witnesses, as amended by
    27  section 16 of part A of chapter 55 of the laws of 2023,  is  amended  to
    28  read as follows:
    29    §  5.  This  act  shall take effect immediately and shall apply to all
    30  criminal actions and proceedings commenced prior to the  effective  date
    31  of  this  act  but  still  pending  on such date as well as all criminal
    32  actions and proceedings commenced on or after such  effective  date  and
    33  its provisions shall expire on  September 1, [2025] 2027, when upon such
    34  date the provisions of this act shall be deemed repealed.
    35    §  17.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
    36  enacting the sentencing reform act of 1995, as amended by section 17  of
    37  part A of chapter 55 of the laws of 2023, is amended to read as follows:
    38    d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
    39  thirty through thirty-nine, forty-two and forty-four of this  act  shall
    40  be deemed repealed on September 1, [2025] 2027;
    41    § 18. Section 2 of chapter 689 of the laws of 1993, amending the crim-
    42  inal  procedure  law  relating to electronic court appearance in certain
    43  counties, as amended by section 18 of part A of chapter 55 of  the  laws
    44  of 2023, is amended to read as follows:
    45    §  2.  This  act  shall  take  effect  immediately,  except  that  the
    46  provisions of this act shall be deemed to have been in  full  force  and
    47  effect  since  July  1, 1992 and the provisions of this act shall expire
    48  September 1, [2025] 2027 when upon such date the provisions of this  act
    49  shall be deemed repealed.
    50    § 19. Section 3 of chapter 688 of the laws of 2003, amending the exec-
    51  utive law relating to enacting the interstate compact for adult offender
    52  supervision,  as  amended  by  section 19 of part A of chapter 55 of the
    53  laws of 2023, is amended to read as follows:
    54    § 3. This act shall take effect immediately, except that  section  one
    55  of  this  act  shall take effect on the first of January next succeeding
    56  the date on which it shall have become a law, and shall remain in effect

        S. 3005                            10                            A. 3005

     1  until the first of September, [2025] 2027,  upon  which  date  this  act
     2  shall  be deemed repealed and have no further force and effect; provided
     3  that section one of this act shall only take effect with respect to  any
     4  compacting  state  which  has  enacted  an  interstate  compact entitled
     5  "Interstate compact for adult offender supervision" and having an  iden-
     6  tical  effect  to  that  added  by  section one of this act and provided
     7  further that with respect to any such compacting state, upon the  effec-
     8  tive date of section one of this act, section 259-m of the executive law
     9  is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
    10  added by section one of  this  act,  shall  take  effect;  and  provided
    11  further  that  with respect to any state which has not enacted an inter-
    12  state compact entitled "Interstate compact  for  adult  offender  super-
    13  vision"  and  having an identical effect to that added by section one of
    14  this act, section 259-m of the executive law shall take effect  and  the
    15  provisions  of  section one of this act, with respect to any such state,
    16  shall have no force or effect until such time as such state shall  adopt
    17  an  interstate  compact  entitled "Interstate compact for adult offender
    18  supervision" and having an identical effect to that added by section one
    19  of this act in which case, with respect to such state,  effective  imme-
    20  diately,  section  259-m  of  the  executive  law is deemed repealed and
    21  section 259-mm of the executive law, as added by  section  one  of  this
    22  act, shall take effect.
    23    §  20. Section 8 of part H of chapter 56 of the laws of 2009, amending
    24  the correction law relating to limiting the closing of  certain  correc-
    25  tional  facilities,  providing  for  the  custody  by  the department of
    26  correctional services of inmates serving definite  sentences,  providing
    27  for  custody  of  federal prisoners and requiring the closing of certain
    28  correctional facilities, as amended by section 20 of part A  of  chapter
    29  55 of the laws of 2023, is amended to read as follows:
    30    §  8.  This  act shall take effect immediately; provided, however that
    31  sections five and six of this act shall expire and  be  deemed  repealed
    32  September 1, [2025] 2027.
    33    § 21. Section 3 of part C of chapter 152 of the laws of 2001, amending
    34  the military law relating to military funds of the organized militia, as
    35  amended  by  section  21 of part A of chapter 55 of the laws of 2023, is
    36  amended to read as follows:
    37    § 3. This act shall take effect immediately; provided however that the
    38  amendments made to subdivision 1 of section 221 of the military  law  by
    39  section two of this act shall expire and be deemed repealed September 1,
    40  [2025] 2027.
    41    §  22.  Section  5  of  chapter  554 of the laws of 1986, amending the
    42  correction law and the penal law relating  to  providing  for  community
    43  treatment  facilities  and establishing the crime of absconding from the
    44  community treatment facility, as amended by section  22  of  part  A  of
    45  chapter 55 of the laws of 2023, is amended to read as follows:
    46    §  5.  This act shall take effect immediately and shall remain in full
    47  force and effect until September 1, [2025] 2027,  and  provided  further
    48  that the commissioner of correctional services shall report each January
    49  first  and July first during such time as this legislation is in effect,
    50  to the  [chairmen]  chairs  of  the  senate  crime  victims,  crime  and
    51  correction   committee,   the   senate  codes  committee,  the  assembly
    52  correction committee, and the assembly codes committee,  the  number  of
    53  individuals  who  are  released to community treatment facilities during
    54  the previous six-month period, including the total number for each  date
    55  at  each  facility who are not residing within the facility, but who are
    56  required to report to the facility on a daily or less frequent basis.

        S. 3005                            11                            A. 3005

     1    § 23. Section 2 of part F of chapter 55 of the laws of 2018,  amending
     2  the  criminal  procedure law relating to pre-criminal proceeding settle-
     3  ments in the city of New York, as amended by section 23  of  part  A  of
     4  chapter 55 of the laws of 2023, is amended to read as follows:
     5    §  2.  This act shall take effect immediately and shall remain in full
     6  force and effect until March 31, [2025] 2027, when it shall  expire  and
     7  be deemed repealed.
     8    § 24. This act shall take effect immediately.

     9                                   PART B

    10    Section  1.  Paragraph  (c)  of subdivision 1 of section 245.10 of the
    11  criminal procedure law, as added by section 2 of part LLL of chapter  59
    12  of the laws of 2019, is amended to read as follows:
    13    (c)  The  prosecution  shall  disclose  statements of the defendant as
    14  described in paragraph (a) of subdivision one of section 245.20 of  this
    15  article  to  any  defendant  who  has been arraigned in a local criminal
    16  court upon a  currently  undisposed  of  felony  complaint  charging  an
    17  offense  which  is  a  subject  of  a  prospective or pending grand jury
    18  proceeding, no later than [forty-eight]  twenty-four  hours  before  the
    19  time  scheduled  for the defendant to testify at a grand jury proceeding
    20  pursuant to subdivision five of section 190.50 of this part.
    21    § 2. The opening paragraph, paragraphs (h), (o) and  subparagraph  (i)
    22  of  paragraph  (u)  of  subdivision  1,  subdivisions 2 and 6 of section
    23  245.20 of the criminal procedure law, as added by section 2 of part  LLL
    24  of chapter 59 of the laws of 2019, are amended to read as follows:
    25    The  prosecution  shall  disclose  to  the  defendant,  and permit the
    26  defendant to discover, inspect, copy, photograph and  test,  all  [items
    27  and information that relate to the subject matter of the case and] mate-
    28  rial  and  information  relevant  to  the  subject matter of the charges
    29  against the defendant in the instant case which are in  the  possession,
    30  custody or control of the prosecution or persons under the prosecution's
    31  direction or control, including but not limited to:
    32    (h) All photographs and drawings made or completed by a public servant
    33  engaged in law enforcement activity, or which were made by a person whom
    34  the  prosecutor  intends  to  call  as a witness at trial or a pre-trial
    35  hearing, or which [relate to the subject matter of the case]  are  rele-
    36  vant  to  the subject matter of the charges against the defendant in the
    37  instant case.
    38    (o) All tangible property that [relates to the subject matter  of  the
    39  case]  is  relevant  to  the  subject  matter of the charges against the
    40  defendant in the instant case, along with a designation of  which  items
    41  the  prosecution intends to introduce in its case-in-chief at trial or a
    42  pre-trial hearing. If in the exercise of reasonable diligence the prose-
    43  cutor has not formed an intention within the time  period  specified  in
    44  subdivision  one  of  section  245.10 of this article that an item under
    45  this subdivision will be introduced at trial or a pre-trial hearing, the
    46  prosecution shall notify the defendant in writing, and the  time  period
    47  in which to designate items as exhibits shall be stayed without need for
    48  a  motion pursuant to subdivision two of section 245.70 of this article;
    49  but the disclosure shall be made as soon as practicable and  subject  to
    50  the continuing duty to disclose in section 245.60 of this article.
    51    (i)  A copy of all electronically created or stored information seized
    52  or obtained by or on behalf of law enforcement from: (A)  the  defendant
    53  as  described  in  subparagraph  (ii) of this paragraph; or (B) a source
    54  other than the defendant which [relates to the  subject  matter  of  the

        S. 3005                            12                            A. 3005

     1  case]  are  relevant  to  the  subject matter of the charges against the
     2  defendant in the instant case.
     3    2.  Duties  of  the prosecution. The prosecutor shall make a diligent,
     4  good faith effort to ascertain the existence of material or  information
     5  discoverable  under  subdivision  one  of this section and to cause such
     6  material or information to be made  available  for  discovery  where  it
     7  exists  but  is  not  within  the  prosecutor's  possession,  custody or
     8  control[; provided that the prosecutor shall not be required  to  obtain
     9  by  subpoena duces tecum material or information which the defendant may
    10  thereby obtain].  Material or information that requires a subpoena duces
    11  tecum in order for the prosecutor to obtain, and in which the  defendant
    12  may obtain by subpoena duces tecum, are not within the scope of automat-
    13  ic  discovery  for  purposes of subdivision one of this section, and the
    14  prosecutor shall not be required to obtain such material or  information
    15  before filing a certificate of compliance pursuant to subdivision one of
    16  section  245.50 of this article. For purposes of subdivision one of this
    17  section, [all items and information related  to  the  prosecution  of  a
    18  charge]  all  material or information  relevant to the subject matter of
    19  the charges against the defendant in the instant case which are  in  the
    20  possession  of  any  New  York  state or local police or law enforcement
    21  agency shall be deemed to be in the constructive possession of the pros-
    22  ecution. The prosecution  shall  also  identify  any  laboratory  having
    23  contact with evidence [related] relevant to the prosecution of a charge.
    24  This  subdivision  shall  not  require  the  prosecutor to ascertain the
    25  existence of witnesses not known to the police or another  law  enforce-
    26  ment  agency, or the written or recorded statements thereof, under para-
    27  graph (c) or (e) of subdivision one of this section.
    28    6. Redactions permitted.  Either  party  may  redact  social  security
    29  numbers  [and],  tax numbers, witnesses' physical addresses, other forms
    30  of witnesses' contact information so long as the  people  have  provided
    31  one form of adequate contact information contained in material or infor-
    32  mation  disclosed  pursuant  to paragraph (c) of subdivision one of this
    33  section, physical addresses and other forms of contact  information  for
    34  any  persons  contained in material or information disclosed pursuant to
    35  paragraph (k) of subdivision one of this section, and material or infor-
    36  mation that is not relevant to the subject matter of the charges against
    37  the defendant in the instant case from disclosures  under  this  article
    38  without  the  need to file a protective order pursuant to section 245.70
    39  of this article.
    40    § 3. Subdivisions 1 and 3 of section 245.30 of the criminal  procedure
    41  law,  as  added  by  section  2 of part LLL of chapter 59 of the laws of
    42  2019, are amended to read as follows:
    43    1. Order to preserve evidence. At any time, a party  may  move  for  a
    44  court  order  to  any  individual, agency or other entity in possession,
    45  custody or control of items which [relate to the subject matter  of  the
    46  case  or  are  otherwise relevant] are relevant to the subject matter of
    47  the charges against the defendant in the instant  case,  requiring  that
    48  such  items be preserved for a specified period of time. The court shall
    49  hear and rule upon such motions expeditiously. The court may  modify  or
    50  vacate  such  an  order  upon  a showing that preservation of particular
    51  evidence will create significant hardship to such individual, agency  or
    52  entity,  on  condition  that  the  probative  value  of that evidence is
    53  preserved by a specified alternative means.
    54    3. Discretionary discovery by order of the court.  The  court  in  its
    55  discretion  may,  upon  a  showing  by the defendant that the request is
    56  reasonable and that the defendant is unable without  undue  hardship  to

        S. 3005                            13                            A. 3005

     1  obtain the substantial equivalent by other means, order the prosecution,
     2  or any individual, agency or other entity subject to the jurisdiction of
     3  the court, to make available for disclosure to the defendant any materi-
     4  al  or information which [relates to the subject matter of the case] are
     5  relevant to the subject matter of the charges against the  defendant  in
     6  the instant case and is reasonably likely to be material. A motion under
     7  this  subdivision  must be on notice to any person or entity affected by
     8  the order. The court may, on its own, upon  request  of  any  person  or
     9  entity  affected  by the order, modify or vacate the order if compliance
    10  would be unreasonable or will  create  significant  hardship.  For  good
    11  cause  shown, the court may permit a party seeking or opposing a discre-
    12  tionary order of discovery under this subdivision, or  another  affected
    13  person  or entity, to submit papers or testify on the record ex parte or
    14  in camera.  For good cause shown, any such papers and  a  transcript  of
    15  such  testimony  may be sealed and shall constitute a part of the record
    16  on appeal.
    17    § 4. Subdivisions 1, 1-a, 3 and 4 of section 245.50  of  the  criminal
    18  procedure  law, subdivisions 1 and 3 as amended by section 7 of part HHH
    19  of chapter 56 of the laws of 2020, subdivision 1-a as added and subdivi-
    20  sion 4 as amended by section 1 of subpart D of part UU of chapter 56  of
    21  the  laws  of 2022, are amended and a new subdivision 5 is added to read
    22  as follows:
    23    1. By the prosecution. When the  prosecution,  after  exercising  good
    24  faith  and due diligence, has provided [the discovery required by subdi-
    25  vision one of section 245.20 of this article] all material and  informa-
    26  tion set forth in subdivision one of section 245.20 of this article that
    27  are in the people's actual possession, except for discovery that is lost
    28  or  destroyed as provided by paragraph (b) of subdivision one of section
    29  245.80 of this article and except for any [items] material  or  informa-
    30  tion that [are] is the subject of an order pursuant to section 245.70 of
    31  this  article, it shall serve upon the defendant and file with the court
    32  a certificate of compliance. The certificate of compliance  shall  state
    33  that,  after exercising due diligence and making reasonable inquiries to
    34  ascertain the existence of material and information subject  to  discov-
    35  ery,  the prosecutor has disclosed and made available all known material
    36  and information subject to discovery that is in its  actual  possession.
    37  It  shall  also identify the items provided. [If additional discovery is
    38  subsequently provided] If the prosecution provides additional  discovery
    39  prior  to  trial  pursuant  to section 245.60 of this article, a supple-
    40  mental certificate shall be served upon the defendant and filed with the
    41  court identifying the additional material and information provided.  [No
    42  adverse  consequence  to  the prosecution or the prosecutor shall result
    43  from the filing of a certificate of compliance in good faith and reason-
    44  able under the circumstances; but the court may grant a remedy or  sanc-
    45  tion  for  a  discovery  violation as provided in section 245.80 of this
    46  article.] The filing of a supplemental certificate of  compliance  shall
    47  not  impact  the  validity  of the original certificate of compliance if
    48  filed in good faith and  after  exercising  due  diligence  pursuant  to
    49  section  245.20  of  this  article.  Nothing  in  this subdivision shall
    50  preclude the prosecution from continuing their investigation and obtain-
    51  ing and disclosing new discoverable material and information after  they
    52  have filed a certificate of compliance.
    53    [1-a.  Any  supplemental  certificate  of  compliance shall detail the
    54  basis for the delayed disclosure so that the court may determine whether
    55  the delayed disclosure impacts  the  propriety  of  the  certificate  of
    56  compliance. The filing of a supplemental certificate of compliance shall

        S. 3005                            14                            A. 3005

     1  not  impact  the  validity  of the original certificate of compliance if
     2  filed in good faith and  after  exercising  due  diligence  pursuant  to
     3  section  245.20  of this article, or if the additional discovery did not
     4  exist  at  the time of the filing of the original certificate of compli-
     5  ance.]
     6    3. Trial readiness. Notwithstanding the provisions of any  other  law,
     7  absent an individualized finding of special circumstances in the instant
     8  case  by  the  court before which the charge is pending, the prosecution
     9  shall not be deemed ready for trial for purposes  of  section  30.30  of
    10  this  chapter until it has filed a proper certificate pursuant to subdi-
    11  vision one of this section. [A court may deem the prosecution ready  for
    12  trial  pursuant  to section 30.30 of this chapter where information that
    13  might be considered discoverable under this article cannot be  disclosed
    14  because  it  has  been  lost,  destroyed,  or  otherwise  unavailable as
    15  provided by paragraph (b) of subdivision one of section 245.80  of  this
    16  article,  despite  diligent and good faith efforts, reasonable under the
    17  circumstances. Provided, however, that the court may grant a  remedy  or
    18  sanction for a discovery violation as provided by section 245.80 of this
    19  article.]
    20    4. (a) Challenges to, or questions related to a certificate of compli-
    21  ance shall be addressed by motion.
    22    (b)  To  the  extent  that the party is aware of a potential defect or
    23  deficiency related  to  a  certificate  of  compliance  or  supplemental
    24  certificate of compliance, the party entitled to disclosure shall notify
    25  or alert the opposing party as soon as practicable.
    26    (c)  Challenges related to the sufficiency of a certificate of compli-
    27  ance or supplemental certificates of compliance filed pursuant to subdi-
    28  vision one of this section shall be addressed  by  motion  [as  soon  as
    29  practicable, provided that nothing in this section shall be construed to
    30  waive  a  party's  right  to  make further challenges, including but not
    31  limited to a motion pursuant to section 30.30 of  this  chapter]  within
    32  thirty-five  days of the filing of the certificate. Failure to challenge
    33  a certificate of compliance or supplemental  certificate  of  compliance
    34  within that time period constitutes a waiver of that challenge, however,
    35  for  good cause shown, the court may extend the time period beyond thir-
    36  ty-five days. Good cause includes, but is  not  limited  to,  voluminous
    37  discovery and the complexity of the case. Denial of a motion challenging
    38  the  sufficiency  of a certificate of compliance or supplemental certif-
    39  icate of compliance, or a waiver of such challenge, shall  not  preclude
    40  the imposition of any remedy or sanction authorized under section 245.80
    41  of this article.
    42    (d) A certificate of compliance or supplemental certificate of compli-
    43  ance  shall  not  be  invalidated  where the people rely on a good faith
    44  interpretation of the disclosure requirements of this article, and there
    45  is no controlling precedent to the contrary from the intermediate appel-
    46  late court to which an appeal from a judgment of conviction would be had
    47  or from the court of appeals.
    48    5.   Notwithstanding any other section of  law  to  the  contrary,  no
    49  adverse  consequence to the prosecution or the prosecutor, including the
    50  invalidation of a certificate of compliance or statement  of  readiness,
    51  shall result from the filing of a certificate of compliance or a supple-
    52  mental  certificate  of  compliance  that  was made in good faith and is
    53  reasonable under the circumstances. Belated or missing disclosures shall
    54  be cured by supplemental discovery pursuant to subdivisions one and  two
    55  of this section. If the party entitled to the belated or missing disclo-
    56  sures shows that they have been prejudiced by the belated or non-disclo-

        S. 3005                            15                            A. 3005

     1  sure,  the  court  shall  grant  an appropriate and proportionate remedy
     2  pursuant to section 245.80 of this article. A certificate of  compliance
     3  or  statement of readiness shall be invalidated only upon a showing that
     4  no  other remedy, pursuant to section 245.80 of this article, can suffi-
     5  ciently cure any prejudice resulting from the belated or missing disclo-
     6  sure.
     7    § 5. Subdivision 2 of section 245.55 of the criminal procedure law, as
     8  added by section 2 of part LLL of chapter 59 of the  laws  of  2019,  is
     9  amended to read as follows:
    10    2.  Provision of law enforcement agency files. Absent a court order or
    11  a requirement that defense counsel obtain a security clearance  mandated
    12  by  law  or authorized government regulation, upon request by the prose-
    13  cution, each New York state and local law enforcement agency shall  make
    14  available to the prosecution a complete copy of its complete records and
    15  files  [related] relevant to the investigation of the case or the prose-
    16  cution of the defendant for compliance with this article.
    17    § 6. Subdivision 3 of section 245.80 of the criminal procedure law, as
    18  added by section 2 of part LLL of chapter 59 of the  laws  of  2019,  is
    19  amended to read as follows:
    20    3.  Consequences  of  non-disclosure of statement of testifying prose-
    21  cution witness. The failure of the prosecutor or any agent of the prose-
    22  cutor to disclose any written or recorded statement  made  by  a  prose-
    23  cution  witness which [relates] is relevant to the subject matter of the
    24  witness's testimony shall not constitute grounds for any court to  order
    25  a new pre-trial hearing or set aside a conviction, or reverse, modify or
    26  vacate  a  judgment  of  conviction,  in the absence of a showing by the
    27  defendant that there is a reasonable possibility that the non-disclosure
    28  materially contributed to the result of the trial or  other  proceeding;
    29  provided,  however,  that  nothing in this section shall affect or limit
    30  any right the defendant may have to a reopened  pre-trial  hearing  when
    31  such statements were disclosed before the close of evidence at trial.
    32    §  7.  Paragraph (a) of subdivision 4 of section 30.30 of the criminal
    33  procedure law, as amended by section 1 of part KKK of chapter 59 of  the
    34  laws of 2019, is amended to read as follows:
    35    (a)  a  reasonable  period  of  delay resulting from other proceedings
    36  concerning the defendant, including but not limited to: proceedings  for
    37  the determination of competency and the period during which defendant is
    38  incompetent  to  stand  trial;  demand to produce; request for a bill of
    39  particulars; pre-trial motions; appeals; trial of other  charges;  [and]
    40  the  period  during  which  such  matters are under consideration by the
    41  court; and unless the defendant waives their right to file  a  challenge
    42  to  the people's discovery certificate of compliance pursuant to section
    43  245.50 of this chapter, the period between the filing  of  the  people's
    44  certificate  of  compliance  and the court's decision on the defendant's
    45  challenge to the certificate of compliance; or
    46    § 8. Subdivision 5 of section 30.30 of the criminal procedure law,  as
    47  amended  by  section 1 of part KKK of chapter 59 of the laws of 2019, is
    48  amended to read as follows:
    49    5. Whenever pursuant to this section a prosecutor states or  otherwise
    50  provides  notice  that  the  people are ready for trial, the court shall
    51  make inquiry on the record as  to  their  actual  readiness.  If,  after
    52  conducting  its  inquiry,  the  court determines that the people are not
    53  ready to proceed to trial, the prosecutor's statement or notice of read-
    54  iness shall not be valid for purposes of this section. Any statement  of
    55  trial  readiness  must  be accompanied or preceded by a certification of
    56  good faith compliance with the disclosure requirements of section 245.20

        S. 3005                            16                            A. 3005

     1  of this chapter and the defense shall be afforded an opportunity  to  be
     2  heard  on the record as to whether the disclosure requirements have been
     3  met. The court may deem the people not ready for trial if it finds  that
     4  the people's certificate of compliance was invalid and the defense shows
     5  that  it  was  prejudiced  as a result of the people's non-disclosure or
     6  belated disclosure of discoverable material or information and no  other
     7  remedy,  pursuant  to section 245.80 of this chapter, sufficiently cures
     8  the prejudice. This subdivision shall  not  apply  to  cases  where  the
     9  defense has waived disclosure requirements.
    10    §  9.  This  act  shall take effect immediately and shall apply to all
    11  criminal proceedings initiated on or before such date.

    12                                   PART C

    13    Section 1.  Section 3 of the public officers law is amended by  adding
    14  a new subdivision 9-a to read as follows:
    15    9-a.  The  provisions of this section requiring a person to be a resi-
    16  dent of the state shall not apply to any person employed as a correction
    17  officer trainee or correction officer who is employed at a state correc-
    18  tional facility.
    19    § 2.  Subdivision e of section 381-b  of  the  retirement  and  social
    20  security  law,  as amended by chapter 97 of the laws of 2008, is amended
    21  to read as follows:
    22    e. Mandatory retirement. A member subject to the  provisions  of  this
    23  section  shall  be retired on December thirty-first of the year in which
    24  [he or she] such member attains [sixty] sixty-three years of age.
    25    Notwithstanding the foregoing, any member in service in  the  division
    26  on  August fifteenth, two thousand seven, and who on that date was enti-
    27  tled to receive retirement benefits on the thirty-first day of  December
    28  in  the year in which [he or she] such member attained fifty-seven years
    29  of age as provided in paragraph three of subdivision b of this  section,
    30  may  elect  to  retain  such entitlement, provided the member remains in
    31  service on the thirtieth day of December in the year  in  which  [he  or
    32  she]  such  member  attains  fifty-seven years of age, and any member in
    33  service in the division on August  thirty-first,  two  thousand  twenty-
    34  five,  and  who on that date was entitled to receive retirement benefits
    35  on the thirty-first day of December in the year in which    such  member
    36  attained  sixty  years of age as provided in paragraph three of subdivi-
    37  sion b of this section, may elect to retain such  entitlement,  provided
    38  the  member  remains  in service on the thirtieth day of December in the
    39  year in which  such member attains sixty years of age. The provisions of
    40  this subdivision shall not apply to the superintendent.
    41    § 3.  Subdivision 3 of section 215 of the executive law, as amended by
    42  chapter 478 of the laws of 2004, is amended to read as follows:
    43    3. The sworn members of the New York state police shall  be  appointed
    44  by  the  superintendent  and  permanent appointees may be removed by the
    45  superintendent only after a hearing. No person shall be appointed to the
    46  New York state police force as a sworn member unless [he  or  she]  such
    47  person  shall  be  a  citizen of the United States[, between the ages of
    48  twenty-one and twenty-nine years except  that  in  the  superintendent's
    49  discretion,  the  maximum  age  may  be  extended  to thirty-five years.
    50  Notwithstanding any other provision of law or any general or special law
    51  to the contrary the time spent on military duty, not exceeding  a  total
    52  of  six years, shall be subtracted from the age of any applicant who has
    53  passed his or her twenty-ninth  birthday,  solely  for  the  purpose  of
    54  permitting  qualification as to age and for no other purpose. Such limi-

        S. 3005                            17                            A. 3005

     1  tations as to age however shall not apply to persons  appointed  to  the
     2  positions  of  counsel,  first assistant counsel, assistant counsel, and
     3  assistant deputy superintendent for employee relations nor to any person
     4  appointed  to  the  bureau of criminal investigation pursuant to section
     5  two hundred sixteen of this article nor shall  any  person]  who  is  at
     6  least  twenty-one  years of age. No person shall be appointed unless [he
     7  or she] such person has fitness and good moral character and shall  have
     8  passed  a  physical and mental examination based upon standards provided
     9  by the rules and regulations of the superintendent.  Appointments  shall
    10  be  made  for  a  probationary  period  which, in the case of appointees
    11  required to attend and complete a basic training program  at  the  state
    12  police academy, shall include such time spent attending the basic school
    13  and  terminate  one  year after successful completion thereof. All other
    14  sworn members shall be subject to a probationary period of one year from
    15  the date of appointment. Following satisfactory completion of the proba-
    16  tionary period the member shall  be  a  permanent  appointee.  Voluntary
    17  resignation  or  withdrawal  from  the New York state police during such
    18  appointment shall be  submitted  to  the  superintendent  for  approval.
    19  Reasonable time shall be required to account for all equipment issued or
    20  for  debts  or  obligations to the state to be satisfied. Resignation or
    21  withdrawal from the division during a time of emergency, so declared  by
    22  the  governor, shall not be approved if contrary to the best interest of
    23  the state and shall be a misdemeanor. No sworn member removed  from  the
    24  New  York  state  police shall be eligible for reappointment. The super-
    25  intendent shall make rules and regulations subject to  approval  by  the
    26  governor for the discipline and control of the New York state police and
    27  for  the examination and qualifications of applicants for appointment as
    28  members thereto and such examinations shall be held and conducted by the
    29  superintendent subject to such rules and regulations. The superintendent
    30  is authorized to charge a fee of twenty dollars as  an  application  fee
    31  for  any person applying to take a competitive examination for the posi-
    32  tion of trooper, and a fee of five dollars for any competitive  examina-
    33  tion  for a civilian position. The superintendent shall promulgate regu-
    34  lations subject to the approval  of  the  director  of  the  budget,  to
    35  provide  for a waiver of the application fee when the fee would cause an
    36  unreasonable hardship on the applicant and to establish a  fee  schedule
    37  and charge fees for the use of state police facilities.
    38    § 4. Section 58 of the civil service law, as amended by chapter 560 of
    39  the  laws of 1978, subdivisions 1 and 2 as amended by chapter 244 of the
    40  laws of 2013, paragraphs (c) and (d) of  subdivision  1  as  amended  by
    41  section  16  and  subdivision  5 as amended by section 17 of part BBB of
    42  chapter 59 of the laws of 2021, subdivision 1-b as added by chapter 1016
    43  of the laws of 1983, subdivision 1-c as added by chapter 840 of the laws
    44  of 1985, subdivision 3 as amended by chapter 561 of the  laws  of  2015,
    45  subdivision  4 as separately amended by chapters 375 and 397 of the laws
    46  of 1990, paragraphs (a) and (b) of subdivision 4 as amended  by  chapter
    47  561  of  the  laws of 2015, paragraph (c) of subdivision 4 as amended by
    48  chapter 190 of the laws of 2008, subparagraphs (ii) and  (iv)  of  para-
    49  graph (c) of subdivision 4 as amended by section 58 of subpart B of part
    50  C  of chapter 62 of the laws of 2011 and subdivision 6 as added by chap-
    51  ter 558 of the laws of 1979, is amended to read as follows:
    52    § 58. Requirements  for  [provisional  or  permanent]  appointment  of
    53  certain  police officers. 1. Notwithstanding any other provision of this
    54  law or any general, special or local law  to  the  contrary,  no  person
    55  shall  be  eligible  for  [provisional or permanent] appointment [in the
    56  competitive class of the civil service]  as  a  police  officer  of  the

        S. 3005                            18                            A. 3005

     1  department  of  environmental  conservation  or  of  any police force or
     2  police department of any county, city, town, village, housing  authority
     3  or  police  district unless [he or she] they shall satisfy the following
     4  basic requirements:
     5    (a)  [he  or  she is] they are not less than twenty years of age as of
     6  the date of appointment [nor more than thirty-five years of  age  as  of
     7  the date when the applicant takes the written examination, provided that
     8  the  maximum age requirement of thirty-five years of age as set forth in
     9  this paragraph shall not apply to eligible lists finalized  pursuant  to
    10  an  examination administered prior to May thirty-first, nineteen hundred
    11  ninety-nine or a police  officer  in  the  department  of  environmental
    12  conservation, provided, however, that:
    13    (i)  time spent on military duty or on terminal leave, not exceeding a
    14  total of six years, shall be subtracted from the age  of  any  applicant
    15  who  has passed his or her thirty-fifth birthday as provided in subdivi-
    16  sion ten-a of section two hundred forty-three of the military law;
    17    (ii) such maximum age requirement of thirty-five years shall not apply
    18  to any police officer as defined in subdivision thirty-four  of  section
    19  1.20 of the criminal procedure law, who was continuously employed by the
    20  Buffalo  municipal housing authority between January first, two thousand
    21  five and June thirtieth, two thousand five and who takes the next  writ-
    22  ten  exam  offered  after the effective date of this subparagraph by the
    23  city of Buffalo civil service commission  for  employment  as  a  police
    24  officer in the city of Buffalo police department, or June thirtieth, two
    25  thousand six, whichever is later; and
    26    (iii)  such  maximum  age  requirement  of thirty-five years shall not
    27  apply to any police officer of any county, town, city or village  police
    28  force  not  otherwise  provided for in this section if the eligible list
    29  has been exhausted and there are no other eligible candidates; provided,
    30  however, the police officer themselves are on the eligible list of  such
    31  county,  town,  city or village and meet all other requirements of merit
    32  and fitness set forth by this chapter and do not exceed the maximum  age
    33  of thirty-nine];
    34    (b)  [he  or  she is] they are a high school graduate or a holder of a
    35  high school equivalency diploma issued by an education department of any
    36  of the states of the United States or a holder of a  comparable  diploma
    37  issued by any commonwealth, territory or possession of the United States
    38  or  by  the  Canal  Zone  or a holder of a report from the United States
    39  armed forces certifying [his or her] their successful completion of  the
    40  tests of general educational development, high school level;
    41    (c)  [he  or  she satisfies] they satisfy the height, weight, physical
    42  and psychological  fitness  requirements  prescribed  by  the  municipal
    43  police  training  council  pursuant  to  the provisions of section eight
    44  hundred forty of the executive law; and
    45    (d) [he or she is] they are of good moral character as  determined  in
    46  accordance  with the background investigation standards of the municipal
    47  police training council pursuant to  the  provisions  of  section  eight
    48  hundred forty of the executive law.
    49    1-b.  Notwithstanding  the  provisions  of  any  other section of law,
    50  general, special or  local,  in  political  subdivisions  maintaining  a
    51  police  department serving a population of one hundred fifty thousand or
    52  less, no person shall be eligible for appointment nor shall [he or  she]
    53  they  be  appointed  to any rank above the rank of police officer unless
    54  [he or she has] they have been appointed a police officer from an eligi-
    55  ble list established according to  merit  and  fitness  as  provided  by

        S. 3005                            19                            A. 3005

     1  section six of article five of the constitution of the state of New York
     2  or has previously served as a member of the New York state police.
     3    1-c.  Notwithstanding  the  provisions  of  any  other section of law,
     4  general, special or  local,  any  political  subdivision  maintaining  a
     5  police  department serving a population of one hundred fifty thousand or
     6  less and with positions for more than four  full-time  police  officers,
     7  shall maintain the office of chief of police.
     8    2.  The provisions of this section shall not prevent any county, city,
     9  town, village, housing authority, transit authority, police district  or
    10  the  department of environmental conservation from setting more restric-
    11  tive requirements of eligibility for its police  officers[,  except  the
    12  maximum  age  to  be  a  police  officer as provided in paragraph (a) of
    13  subdivision one of this section].
    14    3. As used in this section, the term "police officer" means  a  police
    15  officer  in  the  department  of  environmental  conservation, the state
    16  university police, a member of the  regional  state  park  police  or  a
    17  police  force,  police  department,  or  other organization of a county,
    18  city, town, village, housing  authority,  transit  authority  or  police
    19  district,  who  is responsible for the prevention and detection of crime
    20  and the enforcement of the general criminal laws of the state, but shall
    21  not include any person serving as such solely by virtue of [his or  her]
    22  occupying  any  other  office or position, nor shall such term include a
    23  sheriff, under-sheriff, commissioner  of  police,  deputy  or  assistant
    24  commissioner  of  police,  chief of police, deputy or assistant chief of
    25  police or any person having an equivalent  title  who  is  appointed  or
    26  employed to exercise equivalent supervisory authority.
    27    4.  (a) [Any person who has received provisional or permanent appoint-
    28  ment in the competitive class of the civil service as a  police  officer
    29  of  the  regional  state  park  police, the state university of New York
    30  police, the department of environmental conservation or any police force
    31  or police department of any county, city, town, village, housing author-
    32  ity, transit authority or police district shall be  eligible  to  resign
    33  from  any  police  force  or police department, and to be appointed as a
    34  police officer in the same or any other police force or  police  depart-
    35  ment  without satisfying the age requirements set forth in paragraph (a)
    36  of subdivision one of this section at the time of such second or  subse-
    37  quent appointment, provided such second or subsequent appointment occurs
    38  within thirty days of the date of resignation.
    39    (b)]  Any person who has received permanent appointment in the compet-
    40  itive class of the civil service as a police  officer  of  the  regional
    41  state  park police, the state university of New York police, the depart-
    42  ment of environmental conservation or any police force or police depart-
    43  ment of any county, city,  town,  village,  housing  authority,  transit
    44  authority or police district shall be eligible to resign from any police
    45  force  or  police department and, subject to such civil service rules as
    46  may be applicable, shall be  eligible  for  reinstatement  in  the  same
    47  police force or police department or in any other police force or police
    48  department  to  which  [he  or she was] they were eligible for transfer,
    49  without satisfying the age requirements set forth in  paragraph  (a)  of
    50  subdivision  one  of  this  section  at  the time of such reinstatement,
    51  provided such reinstatement occurs within one year of the date of resig-
    52  nation.
    53    [(c)] (b) (i) Legislative findings and  declaration.  The  legislature
    54  hereby  finds and declares that it is frequently impracticable to ascer-
    55  tain fitness for the positions  of  detective  and  investigator  within
    56  various  police  or  sheriffs departments around the state by means of a

        S. 3005                            20                            A. 3005

     1  competitive examination due to the unique nature of the duties  assigned
     2  and the intangible personal qualities needed to perform such duties. The
     3  legislature  further  finds  that competitive examination has never been
     4  employed  in  many police, correction or sheriffs departments, to ascer-
     5  tain fitness for the positions of detective and investigator within such
     6  police, correction or sheriffs departments; such fitness has always been
     7  determined by evaluation of the capabilities of an individual  (who  has
     8  in  any  case  received  permanent appointment to the position of police
     9  officer, correction officer of any rank or deputy sheriff) by superviso-
    10  ry personnel. The legislature  further  finds  that  an  individual  who
    11  performs in an investigatory position in a manner sufficiently satisfac-
    12  tory  to  the  appropriate  supervisors to hold such an assignment for a
    13  period of eighteen months, has demonstrated fitness for the position  of
    14  detective  or  investigator  within  such police, correction or sheriffs
    15  department at least as sufficiently as could be ascertained by means  of
    16  a competitive examination.
    17    (ii)  Notwithstanding any other provision of law, in any jurisdiction,
    18  other than a city with a population of one million or more or the  state
    19  department  of  corrections  and  community  supervision, which does not
    20  administer examinations for designation to  detective  or  investigator,
    21  any  person  who  has  received permanent appointment to the position of
    22  police officer, correction officer of any rank or deputy sheriff and  is
    23  temporarily  assigned to perform the duties of detective or investigator
    24  shall, whenever such assignment to the duties of a detective or investi-
    25  gator exceeds eighteen months, be permanently designated as a  detective
    26  or  investigator and receive the compensation ordinarily paid to persons
    27  in such designation.
    28    (iii) Nothing contained in subparagraph (ii) of this  paragraph  shall
    29  be  construed to limit any jurisdiction's ability to administer examina-
    30  tions for appointment to the positions of  detective  and  investigator,
    31  provided  however  that  any  person temporarily assigned to perform the
    32  duties of detective or investigator within the period commencing Septem-
    33  ber twenty-third, nineteen hundred ninety-three  through  and  including
    34  the  date  upon which this paragraph shall have become a law and who has
    35  not been designated as a detective or investigator and who has not  been
    36  subject  to an examination for which there is a certified eligible list,
    37  shall be permanently designated as a detective or investigator  whenever
    38  such assignment to the duties of detective or investigator exceeds eigh-
    39  teen months.
    40    (iv)  Detectives  and investigators designated since September twenty-
    41  third, nineteen hundred ninety  and  prior  to  February  twenty-fourth,
    42  nineteen hundred ninety-five by any state, county, town, village or city
    43  (other than a city with a population of one million or more or the state
    44  department  of corrections and community supervision) police, correction
    45  or sheriffs department, pursuant to the provisions of this paragraph  in
    46  effect  during  such  period,  who  continue to serve in such positions,
    47  shall retain their detective or investigator status without any right to
    48  retroactive financial entitlement.
    49    5. The provisions of this section shall not apply to the investigatory
    50  personnel of the office of the district attorney in any county,  includ-
    51  ing any county within the city of New York.
    52    6.  The  provisions  of this section shall not apply to any individual
    53  holding the position of deputy sheriff in Westchester  county  prior  to
    54  July  first,  nineteen  hundred  seventy-nine  upon the transfer of such
    55  individual to service in the Westchester  county  department  of  public
    56  safety services.

        S. 3005                            21                            A. 3005

     1    § 5.  This act shall take effect September 1, 2025.

     2                                   PART D

     3    Section  1. The penal law is amended by adding a new section 120.65 to
     4  read as follows:
     5  § 120.65 Domestic violence.
     6    A person is guilty of domestic violence when such person:
     7    1. commits a serious offense as defined in paragraph (c)  of  subdivi-
     8  sion  seventeen  of  section  265.00 of this part and the person against
     9  whom the offense is committed is a member of the same family  or  house-
    10  hold  as  defined  in  subdivision one of section 530.11 of the criminal
    11  procedure law; or
    12    2. commits the crime of assault in the  third  degree  as  defined  in
    13  subdivisions  one and two of section 120.00 of this article, or criminal
    14  obstruction of breathing or blood  circulation  as  defined  in  section
    15  121.11  of this title, forcible touching as defined in section 130.52 of
    16  this title, or sexual abuse in the second degree as defined  in  section
    17  130.60  of this title, or sexual abuse in the third degree as defined in
    18  section 130.55 of this title, or unlawful  imprisonment  in  the  second
    19  degree as defined in section 135.05 of this title and the person against
    20  whom  the offense is committed is a current or former spouse, parent, or
    21  guardian of the defendant, a person with whom  the  defendant  shares  a
    22  child  in  common, a person who is cohabiting with or has cohabited with
    23  the defendant as a spouse, parent, or guardian, or  a  person  similarly
    24  situated to a spouse, parent, or guardian of the defendant.
    25    Domestic violence is a class A misdemeanor.
    26    §  2.  Subdivision 17 of section 265.00 of the penal law is amended by
    27  adding a new paragraph (d) to read as follows:
    28    (d) domestic violence as defined by subdivision one of section  120.65
    29  of the penal law.
    30    § 3. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law.

    32                                   PART E

    33    Section  1.    Subparagraph  (iv) of paragraph (d) of subdivision 1 of
    34  section 803 of the correction law, as separately amended by chapters 242
    35  and 322 of the laws of 2021, is amended to read as follows:
    36    (iv) Such merit time allowance may be  granted  when  an  incarcerated
    37  individual  successfully  participates in the work and treatment program
    38  assigned pursuant to section eight hundred five of this article and when
    39  such incarcerated individual obtains a general equivalency  diploma,  an
    40  alcohol  and  substance  abuse treatment certificate, a vocational trade
    41  certificate following at least six months of vocational programming,  at
    42  least  eighteen  credits  in a program registered by the state education
    43  department  from  a  degree-granting  higher  education  institution  or
    44  performs  at  least four hundred hours of service as part of a community
    45  work crew.  The  commissioner  may  designate  additional  programs  and
    46  achievements for which merit time may be granted.
    47    Such  allowance shall be withheld for any serious disciplinary infrac-
    48  tion or upon a judicial determination that the person, while  an  incar-
    49  cerated individual, commenced or continued a civil action, proceeding or
    50  claim  that  was  found to be frivolous as defined in subdivision (c) of
    51  section eight thousand three hundred three-a of the civil  practice  law
    52  and  rules,  or  an  order of a federal court pursuant to rule 11 of the

        S. 3005                            22                            A. 3005

     1  federal rules  of  civil  procedure  imposing  sanctions  in  an  action
     2  commenced by a person, while an incarcerated individual, against a state
     3  agency, officer or employee.
     4    §  2.  Subparagraph (xii) of paragraph (c) of subdivision 1 of section
     5  803-b of the correction law, as amended by chapter 322 of  the  laws  of
     6  2021,  is  amended  and  a  new  subparagraph (xiii) is added to read as
     7  follows:
     8    (xii) receives a certificate from the food  production  center  in  an
     9  assigned position following the completion of no less than eight hundred
    10  hours  of work in such position, and continues to work for an additional
    11  eighteen months at the food production center[.]; or
    12    (xiii) successfully completes a program  of  not  less  than  eighteen
    13  months as established by the commissioner.
    14    §  3.    This  act  shall take effect on the one hundred twentieth day
    15  after it shall have become a law and shall apply to  offenses  committed
    16  prior  to, on or after the effective date of this act; provided that the
    17  amendments to section 803 of the correction law made by section  one  of
    18  this  act  shall  be  subject  to  the  expiration and reversion of such
    19  section pursuant to subdivision d of section 74 of chapter 3 of the laws
    20  of 1995, as amended.

    21                                   PART F

    22    Section 1. Paragraph (a) of subdivision 2  of  section  30.10  of  the
    23  criminal  procedure  law, as amended by chapter 315 of the laws of 2019,
    24  is amended to read as follows:
    25    (a) A prosecution for a class A felony, or rape in the first degree as
    26  defined in section 130.35 of the  penal  law,  or  a  crime  defined  or
    27  formerly defined in section 130.50 of the penal law, or aggravated sexu-
    28  al  abuse  in the first degree as defined in section 130.70 of the penal
    29  law, or course of sexual conduct against a child in the first degree  as
    30  defined  in  section  130.75  of  the  penal  law, or sex trafficking as
    31  defined in section 230.34 of the penal law,  or  sex  trafficking  of  a
    32  child  as defined in section 230.34-a of the penal law, or incest in the
    33  first degree as defined in section  255.27  of  the  penal  law  may  be
    34  commenced at any time;
    35    §  2.  Subdivision  (b)  of  section 208 of the civil practice law and
    36  rules, as added by chapter 11 of the laws of 2019, is amended to read as
    37  follows:
    38    (b) Notwithstanding any provision of law which  imposes  a  period  of
    39  limitation  to the contrary and the provisions of any other law pertain-
    40  ing to the filing of a notice of claim or a notice of intention to  file
    41  a claim as a condition precedent to commencement of an action or special
    42  proceeding, with respect to all civil claims or causes of action brought
    43  by  any  person for physical, psychological or other injury or condition
    44  suffered by such person as a result of conduct which would constitute  a
    45  sexual offense as defined in article one hundred thirty of the penal law
    46  committed  against  such person who was less than eighteen years of age,
    47  sex trafficking as defined in section 230.34 of the penal law  committed
    48  against  such  person who was less than eighteen years of age, sex traf-
    49  ficking of a child as defined in section  230.34-a  of  the  penal  law,
    50  incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law
    51  committed against such person who was less than eighteen years  of  age,
    52  or  the use of such person in a sexual performance as defined in section
    53  263.05 of the penal law, or a predecessor statute that  prohibited  such
    54  conduct at the time of the act, which conduct was committed against such

        S. 3005                            23                            A. 3005

     1  person  who  was  less  than  eighteen  years of age, such action may be
     2  commenced, against any party whose  intentional  or  negligent  acts  or
     3  omissions  are  alleged  to  have  resulted  in  the  commission of said
     4  conduct,  on or before the plaintiff or infant plaintiff reaches the age
     5  of fifty-five years. In any such claim or action,  in  addition  to  any
     6  other  defense  and affirmative defense that may be available in accord-
     7  ance with law, rule or the common law,  to  the  extent  that  the  acts
     8  alleged  in  such action are of the type described in subdivision one of
     9  section 130.30 of the penal law or formerly defined in  subdivision  one
    10  of  section 130.45 of the penal law, the affirmative defenses set forth,
    11  respectively, in the closing paragraph of such sections of the penal law
    12  shall apply.
    13    § 3. Section 213-c of the civil practice law and rules, as amended  by
    14  chapter 23 of the laws of 2024, is amended to read as follows:
    15    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    16  offenses. Notwithstanding any other limitation set forth in  this  arti-
    17  cle,  except as provided in subdivision (b) of section two hundred eight
    18  of this article, all civil claims or causes of  action  brought  by  any
    19  person for physical, psychological or other injury or condition suffered
    20  by such person as a result of conduct which would constitute rape in the
    21  first  degree  as defined in section 130.35 of the penal law, or rape in
    22  the second degree as defined in subdivision four, five or six of section
    23  130.30 of the penal law, or rape in the  second  degree  as  defined  in
    24  former  subdivision  two  of section 130.30 of the penal law, or rape in
    25  the third degree as defined in subdivision one, two, three, seven, eight
    26  or nine of section 130.25 of the penal law, or a crime formerly  defined
    27  in  section  130.50  of  the  penal  law, or a crime formerly defined in
    28  subdivision two of section 130.45 of the penal law, or a crime  formerly
    29  defined  in subdivision one or three of section 130.40 of the penal law,
    30  or incest in the first degree as defined in section 255.27 of the  penal
    31  law,  or incest in the second degree as defined in section 255.26 of the
    32  penal law (where the crime committed is rape in  the  second  degree  as
    33  defined  in subdivision four, five or six of section 130.30 of the penal
    34  law, or rape in the second degree as formerly defined in subdivision two
    35  of section 130.30 of the penal law,  or  a  crime  formerly  defined  in
    36  subdivision two of section 130.45 of the penal law), or aggravated sexu-
    37  al  abuse  in the first degree as defined in section 130.70 of the penal
    38  law, or course of sexual conduct against a child in the first degree  as
    39  defined  in  section  130.75  of  the  penal  law, or sex trafficking as
    40  defined in section 230.34 of the penal law,  or  sex  trafficking  of  a
    41  child  as  defined  in  section 230.34-a of the penal law may be brought
    42  against any party whose intentional or negligent acts or  omissions  are
    43  alleged  to  have resulted in the commission of the said conduct, within
    44  twenty years. Nothing in this section shall be construed to require that
    45  a criminal charge be brought or a criminal conviction be obtained  as  a
    46  condition of bringing a civil cause of action or receiving a civil judg-
    47  ment pursuant to this section or be construed to require that any of the
    48  rules  governing  a  criminal proceeding be applicable to any such civil
    49  action.
    50    § 4. Paragraph (b) of subdivision 8 of section  50-e  of  the  general
    51  municipal law, as amended by chapter 153 of the laws of 2024, is amended
    52  to read as follows:
    53    (b)  This section shall not apply to: (i) any claim made for physical,
    54  psychological, or other injury or condition  suffered  as  a  result  of
    55  conduct  which  would  constitute a sexual offense as defined in article
    56  one hundred thirty of the penal law committed against a child less  than

        S. 3005                            24                            A. 3005

     1  eighteen  years of age,  sex trafficking as defined in section 230.34 of
     2  the penal law committed against a child less than eighteen years of age,
     3  sex trafficking of a child as defined in section 230.34-a of  the  penal
     4  law,  incest as defined in section 255.27, 255.26 or 255.25 of the penal
     5  law committed against a child less than eighteen years of  age,  or  the
     6  use  of  a child in a sexual performance as defined in section 263.05 of
     7  the penal law committed against a child less than eighteen years of age;
     8  or
     9    (ii) any civil claim or cause of action revived  pursuant  to  section
    10  two hundred fourteen-j of the civil practice law and rules.
    11    §  5.  Subdivision  5 of section 50-i of the general municipal law, as
    12  added by chapter 11 of the laws of 2019, is amended to read as follows:
    13    5. Notwithstanding any provision of law to the contrary, this  section
    14  shall not apply to any claim made against a city, county, town, village,
    15  fire  district  or school district for physical, psychological, or other
    16  injury or condition suffered as a result of conduct which would  consti-
    17  tute  a  sexual  offense as defined in article one hundred thirty of the
    18  penal law committed against a child less than eighteen years of age, sex
    19  trafficking as defined in section 230.34  of  the  penal  law  committed
    20  against  a  child  less than eighteen years of age, sex trafficking of a
    21  child as defined in section 230.34-a of the penal law, incest as defined
    22  in section 255.27, 255.26 or 255.25 of the penal law committed against a
    23  child less than eighteen years of age, or the use of a child in a sexual
    24  performance as defined in section 263.05  of  the  penal  law  committed
    25  against a child less than eighteen years of age.
    26    §  6.  Subdivision  10  of  section  10 of the court of claims act, as
    27  amended by chapter 153 of the laws  of  2024,  is  amended  to  read  as
    28  follows:
    29    10. Notwithstanding any provision of law to the contrary, this section
    30  shall  not  apply  to:  (i)  any  claim to recover damages for physical,
    31  psychological, or other injury or condition  suffered  as  a  result  of
    32  conduct  which  would  constitute a sexual offense as defined in article
    33  one hundred thirty of the penal law committed against a child less  than
    34  eighteen  years  of age, sex trafficking as defined in section 230.34 of
    35  the penal law committed against a child less than eighteen years of age,
    36  sex trafficking of a child as defined in section 230.34-a of  the  penal
    37  law,  incest as defined in section 255.27, 255.26 or 255.25 of the penal
    38  law committed against a child less than eighteen years of  age,  or  the
    39  use  of  a child in a sexual performance as defined in section 263.05 of
    40  the penal law committed against a child less than eighteen years of age;
    41  or
    42    (ii) any civil claim or cause of action revived  pursuant  to  section
    43  two hundred fourteen-j of the civil practice law and rules.
    44    § 7. Subdivision 2 of section 3813 of the education law, as amended by
    45  chapter 153 of the laws of 2024, is amended to read as follows.
    46    2.  Notwithstanding anything to the contrary hereinbefore contained in
    47  this section, no action or special proceeding founded upon tort shall be
    48  prosecuted or maintained against  any  of  the  parties  named  in  this
    49  section  or against any teacher or member of the supervisory or adminis-
    50  trative staff or employee where the alleged tort was committed  by  such
    51  teacher  or  member  or  employee acting in the discharge of [his] their
    52  duties within the scope of  [his]  their  employment  and/or  under  the
    53  direction  of  the board of education, trustee or trustees, or governing
    54  body of the school unless a notice of claim shall  have  been  made  and
    55  served  in compliance with section fifty-e of the general municipal law.
    56  Every such action shall be  commenced  pursuant  to  the  provisions  of

        S. 3005                            25                            A. 3005

     1  section  fifty-i  of  the general municipal law; provided, however, that
     2  this section shall not apply to: (i) any claim to  recover  damages  for
     3  physical,  psychological,  or  other  injury  or condition suffered as a
     4  result  of conduct which would constitute a sexual offense as defined in
     5  article one hundred thirty of the penal law committed  against  a  child
     6  less  than  eighteen years of age, sex trafficking as defined in section
     7  230.34 of the penal law committed against a  child  less  than  eighteen
     8  years  of age, sex trafficking of a child as defined in section 230.34-a
     9  of the penal law, incest as defined in section 255.27, 255.26 or  255.25
    10  of  the  penal law committed against a child less than eighteen years of
    11  age, or the use of a child in a sexual performance as defined in section
    12  263.05 of the penal law committed against a  child  less  than  eighteen
    13  years of age; or
    14    (ii)  any  civil  claim or cause of action revived pursuant to section
    15  two hundred fourteen-j of the civil practice law and rules.
    16    § 8. Severability. If any clause, sentence, paragraph, section or part
    17  of this act shall be adjudged by any court of competent jurisdiction  to
    18  be  invalid  and  after  exhaustion  of all further judicial review, the
    19  judgment shall not affect, impair or invalidate the  remainder  thereof,
    20  but  shall  be  confined in its operation to the clause, sentence, para-
    21  graph, section or part of this act directly involved in the  controversy
    22  in which the judgment shall have been rendered.
    23    § 9. This act shall take effect immediately and shall apply to acts or
    24  omissions occurring on or after such effective date and to acts or omis-
    25  sions  occurring prior to such effective date where the applicable stat-
    26  ute of limitations in effect on the date of such act or omission has not
    27  yet expired.

    28                                   PART G

    29    Section 1. Paragraphs (i), (j) and (k) of subdivision 1 of section 624
    30  of the executive law, paragraph (i) as amended by section 9 of part  A-1
    31  of  chapter  56 of the laws of 2010, paragraph (j) as amended by chapter
    32  427 of the laws of 1999, paragraph (k) as amended by chapter 117 of  the
    33  laws  of  2017,  are amended and a new paragraph (l) is added to read as
    34  follows:
    35    (i) a surviving spouse of a crime victim  who  died  from  causes  not
    36  directly  related  to  the crime when such victim died prior to filing a
    37  claim with the office or subsequent to filing a claim but prior  to  the
    38  rendering  of  a  decision by the office. Such award shall be limited to
    39  out-of-pocket loss incurred as a direct result of the crime; [and]
    40    (j) a spouse, child or stepchild of  a  victim  of  a  crime  who  has
    41  sustained personal physical injury as a direct result of a crime[.];
    42    (k)  a  surviving  spouse,  grandparent, parent, stepparent, guardian,
    43  [brother, sister, stepbrother, stepsister,] sibling, stepsibling, child,
    44  stepchild, or grandchild of a victim of a crime who  died  as  a  direct
    45  result  of  such  crime  and  where such crime occurred in the residence
    46  shared by such family member or members and the victim[.]; and
    47    (l) any person not otherwise eligible under this subdivision  who  has
    48  paid  for  or  incurred  the crime scene cleanup expenses, provided that
    49  such person shall only be eligible to receive an award under this  arti-
    50  cle for crime scene cleanup.
    51    §  2. Subdivisions 2, 5, 9 and 18 of section 631 of the executive law,
    52  subdivision 2 as amended by chapter 233 of the laws of 2020, subdivision
    53  5 as amended by section 22 of part A-1 of chapter  56  of  the  laws  of
    54  2010,  paragraph  (e)  of  subdivision 5 as amended by chapter 70 of the

        S. 3005                            26                            A. 3005

     1  laws of 2020, paragraph (f) of subdivision 5 as added by  section  5  of
     2  part H of chapter 55 of the laws of 2017, paragraph (g) of subdivision 5
     3  as added by chapter 494 of the laws of 2018, subdivision 9 as amended by
     4  section  1  of part I of chapter 55 of the laws of 2022, and subdivision
     5  18 as added by chapter 119 of the laws of 2013, are amended to  read  as
     6  follows:
     7    2.  Any  award made pursuant to this article shall be in an amount not
     8  exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
     9  incurred  for  medical  or  other  services necessary as a result of the
    10  injury upon which the claim  is  based;  loss  of  earnings  or  support
    11  resulting  from  such injury not to exceed thirty thousand dollars; loss
    12  of savings not to exceed thirty thousand dollars;  burial  expenses  not
    13  exceeding [six] twelve thousand dollars of a victim who died on or after
    14  November  first,  nineteen ninety-six as a direct result of a crime; the
    15  costs of crime scene cleanup and securing of a crime scene not exceeding
    16  twenty-five hundred dollars; reasonable relocation expenses not  exceed-
    17  ing twenty-five hundred dollars; reasonable employment-related transpor-
    18  tation expenses, not exceeding twenty-five hundred dollars and the unre-
    19  imbursed cost of repair or replacement of articles of essential personal
    20  property  lost, damaged or destroyed as a direct result of the crime. An
    21  award for loss of earnings shall include earnings lost by  a  parent  or
    22  guardian  as a result of the hospitalization of a child victim under age
    23  eighteen for injuries sustained as a direct result of a crime.  In addi-
    24  tion to the medical or other services necessary as a result of the inju-
    25  ry upon which the claim is based, an award may be made  for  rehabilita-
    26  tive  occupational training for the purpose of job retraining or similar
    27  employment-oriented rehabilitative services based  upon  the  claimant's
    28  medical  and  employment  history.  For the purpose of this subdivision,
    29  rehabilitative occupational training shall include but not be limited to
    30  educational training and expenses. An award for  rehabilitative  occupa-
    31  tional  training  may  be  made  to a victim, or to a family member of a
    32  victim where necessary as a direct result of a  crime.    An  award  for
    33  employment-related  transportation expenses shall be limited to the time
    34  period necessary due to the personal physical injuries  sustained  as  a
    35  direct  result of the crime upon which the claim is based, as determined
    36  by the medical information collected during  the  investigation  of  the
    37  claim.
    38    5.  (a)  [In] Except as provided in paragraph (g) of this subdivision,
    39  in determining the amount of an award, the office shall determine wheth-
    40  er, because of [his] such victim's conduct, the  victim  of  such  crime
    41  contributed  to  the  infliction  of [his] such victim's injury, and the
    42  office shall reduce the amount of the award or reject  the  claim  alto-
    43  gether, in accordance with such determination.
    44    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    45  sion, the office shall disregard for this purpose the responsibility  of
    46  the  victim  for  [his]  such victim's own injury where the record shows
    47  that the person injured was acting as a good samaritan,  as  defined  in
    48  this article.
    49    (c)  Notwithstanding any inconsistent provision of this article, where
    50  the person injured acted as a good samaritan, the  office  may,  without
    51  regard  to  the  financial difficulty of the claimant, make an award for
    52  out-of-pocket losses. Such award may also include compensation  for  any
    53  loss  of  property  up  to  five thousand dollars suffered by the victim
    54  during the course of [his] such victim's actions as a good samaritan.
    55    (d) Notwithstanding any inconsistent provision of this article,  where
    56  a person acted as a good samaritan, and was killed as a direct result of

        S. 3005                            27                            A. 3005

     1  the crime, the office may, without regard to the financial difficulty of
     2  the  claimant, make a lump sum award to such claimant for actual loss of
     3  support not to exceed thirty thousand dollars.
     4    (e)  Notwithstanding any inconsistent provision of this article, where
     5  a police officer or firefighter, both  paid  and  volunteer,  dies  from
     6  injuries received in the line of duty as a direct result of a crime, the
     7  office  may, without regard to the financial difficulty of the claimant,
     8  make an award for the unreimbursed counseling expenses of  the  eligible
     9  spouse, domestic partner, parents, [brothers, sisters] siblings or chil-
    10  dren  of  such victim, and/or the reasonable burial expenses incurred by
    11  the claimant.
    12    (f) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    13  sion,  the office shall disregard for this purpose the responsibility of
    14  the victim for [his or her] such victim's own loss of savings.
    15    (g) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    16  sion, when determining a claim made by a person eligible under paragraph
    17  (b), (c) or (d) of subdivision one of section six hundred twenty-four of
    18  this article, if the crime upon which the claim is based resulted in the
    19  death  of the victim, the office shall [determine] not consider whether,
    20  because of [his or her] their conduct, the victim of such crime contrib-
    21  uted to [the infliction of his or her injury, and the office may  reduce
    22  the  amount  of  the  award by no more than fifty percent, in accordance
    23  with such determination] their death.
    24    9. (a) Any award made for the cost of repair or replacement of  essen-
    25  tial  personal  property,  including  cash  losses of essential personal
    26  property, shall be limited to an amount of twenty-five hundred  dollars,
    27  except  that  all  cash  losses  of essential personal property shall be
    28  limited to the amount of one hundred dollars. In the case  of  medically
    29  necessary  life-sustaining  equipment  which  was lost or damaged as the
    30  direct result of a crime, the award shall be limited to  the  amount  of
    31  ten thousand dollars.
    32    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    33  sion, in the case of cash losses which were the  result  of  an  act  or
    34  series  of  acts of larceny as defined in article one hundred fifty-five
    35  of the penal law, perpetrated by the same actor indicated by a report or
    36  reports obtained from a criminal justice agency as defined  in  subdivi-
    37  sion  one of this section, and a receipt, receipts or similar documenta-
    38  tion is provided showing such cash loss or losses, a single claim may be
    39  filed and an award may be made for cash  losses  of  essential  personal
    40  property  for each act up to a cumulative amount of no more than twenty-
    41  five hundred dollars.
    42    18. Notwithstanding any inconsistent provision  of  this  article  and
    43  subject  to  any  applicable maximum award limitations contained in this
    44  section, where a victim has died as a direct result of  the  crime  upon
    45  which  the  claim  is based and the crime occurred in the residence of a
    46  person eligible pursuant to [paragraph] paragraphs (k) and (l) of subdi-
    47  vision one of section six  hundred  twenty-four  of  this  article,  the
    48  office  may make no more than one award for crime scene clean-up related
    49  to such residence.
    50    § 3. Subdivision 10 of section 621 of the executive law, as  added  by
    51  chapter 688 of the laws of 1985, is amended to read as follows:
    52    10.  "Disabled  victim"  shall mean a person who has [(a)] a physical,
    53  mental or medical impairment [from anatomical, physiological  or  neuro-
    54  logical conditions], as evidenced by medical records, which prevents the
    55  exercise  of  a  normal bodily function [or is demonstrable by medically
    56  accepted clinical or laboratory diagnostic techniques or (b) a record of

        S. 3005                            28                            A. 3005

     1  such an impairment or (c) a condition regarded  by  others  as  such  an
     2  impairment] at the time of the crime.
     3    §  4. Subdivision 2 of section 630 of the executive law, as amended by
     4  chapter 494 of the laws of 2018, is amended to read as follows:
     5    2. Notwithstanding the provisions of subdivision one of this  section,
     6  if  the crime upon which the claim is based resulted in the death of the
     7  victim, and it appears to the office that such claim is one with respect
     8  to which an award probably will be made, and undue hardship will  result
     9  to  the  claimant  if immediate payment is not made, the office may make
    10  one or more emergency awards  to  the  claimant  for  reasonable  burial
    11  expenses  pending  a final decision of the office or payment of an award
    12  in the case; provided, however, that the total amount  of  an  emergency
    13  award  or awards for reasonable burial expenses shall not exceed [three]
    14  six thousand dollars. The amount of such emergency award or awards shall
    15  be deducted from any final award made to the claimant, and the excess of
    16  the amount of any such award or awards over  the  amount  of  the  final
    17  award,  of  the  full amount of an emergency award or awards if no final
    18  award is made, shall be repaid by the claimant to the office.
    19    § 5. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law and shall apply to all  claims  filed  on  or
    21  after such effective date.

    22                                   PART H

    23    Section  1.  Subdivision  13  of  section 631 of the executive law, as
    24  amended by section 3 of subpart S of part XX of chapter 55 of  the  laws
    25  of 2020, is amended to read as follows:
    26    13.  (a)  Notwithstanding  any  other provision of law, rule, or regu-
    27  lation to the contrary, when any New  York  state  accredited  hospital,
    28  accredited  sexual  assault  examiner  program,  or licensed health care
    29  provider furnishes services to any sexual  assault  survivor,  including
    30  but not limited to a health care forensic examination in accordance with
    31  the  sex  offense evidence collection protocol and standards established
    32  by the department of health,  such  hospital,  sexual  assault  examiner
    33  program,  or licensed healthcare provider shall provide such services to
    34  the person without charge  and  shall  bill  the  office  directly.  The
    35  office,  in consultation with the department of health, shall define the
    36  specific services to be covered by  the  sexual  assault  forensic  exam
    37  reimbursement  fee,  which  must  include at a minimum forensic examiner
    38  services, hospital or healthcare facility services related to the  exam,
    39  and any necessary related laboratory tests or pharmaceuticals based upon
    40  the  department  of health's Medicaid reimbursement rates; including but
    41  not limited to HIV post-exposure  prophylaxis  provided  by  a  hospital
    42  emergency  room at the time of the forensic rape examination pursuant to
    43  paragraph (c) of subdivision one of section twenty-eight hundred  five-i
    44  of  the public health law. [For a person eighteen years of age or older,
    45  follow-up HIV post-exposure prophylaxis costs shall continue to be reim-
    46  bursed according  to  established  office  procedure.]  The  office,  in
    47  consultation  with  the  department  of  health, shall also generate the
    48  necessary [regulations and] forms for the direct reimbursement procedure
    49  and regulations setting the usual and customary rates for  the  itemized
    50  charges related to an exam of a sexual assault survivor.
    51    (b)  The rate for reimbursement shall be the amount of itemized charg-
    52  es, to be reimbursed at the [Medicaid  rate  and]  usual  and  customary
    53  rates  as  established  pursuant  to  this  subdivision  and which shall
    54  cumulatively not exceed (1) eight hundred dollars for an exam of a sexu-

        S. 3005                            29                            A. 3005

     1  al assault survivor where no sexual offense evidence collection  kit  is
     2  used;  (2)  one  thousand  two  hundred  dollars for an exam of a sexual
     3  assault survivor where a sexual offense evidence collection kit is used;
     4  and  (3)  [one  thousand  five  hundred  dollars for an exam of a sexual
     5  assault survivor who is eighteen years of age or older, with or  without
     6  the  use  of  a  sexual  offense  evidence  collection kit, and with the
     7  provision of a necessary HIV post-exposure prophylaxis seven day starter
     8  pack; and (4)] two thousand five hundred dollars for an exam of a sexual
     9  assault survivor [who is less than eighteen years of age], with or with-
    10  out the use of a sexual offense evidence collection kit,  and  with  the
    11  provision  of the full regimen of necessary HIV post-exposure prophylax-
    12  is. The hospital, sexual assault examiner program,  or  licensed  health
    13  care  provider  must accept this fee as payment in full for these speci-
    14  fied services. No additional billing of the survivor for  said  services
    15  is  permissible.  A  sexual  assault survivor may voluntarily assign any
    16  private insurance benefits to which [she or he is] they are entitled for
    17  the healthcare forensic examination,  in  which  case  the  hospital  or
    18  healthcare provider may not charge the office; provided, however, in the
    19  event  the  sexual assault survivor assigns any private health insurance
    20  benefit, such coverage shall not be subject  to  annual  deductibles  or
    21  coinsurance  or balance billing by the hospital, sexual assault examiner
    22  program or licensed health care provider.  A  hospital,  sexual  assault
    23  examiner  program or licensed health care provider shall, at the time of
    24  the initial visit, request assignment of any  private  health  insurance
    25  benefits  to  which  the  sexual  assault survivor is entitled on a form
    26  prescribed by the office; provided, however, such sexual assault  survi-
    27  vor  shall  be  advised  orally and in writing that [he or she] they may
    28  decline to provide such information regarding private  health  insurance
    29  benefits if [he or she believes] they believe that the provision of such
    30  information  would  substantially  interfere  with  [his  or  her] their
    31  personal privacy or safety and in such event, the sexual assault  foren-
    32  sic  exam  fee shall be paid by the office. Such sexual assault survivor
    33  shall also be advised that providing such information may provide  addi-
    34  tional  resources  to  pay for services to other sexual assault victims.
    35  Such sexual assault survivor shall  also  be  advised  that  the  direct
    36  reimbursement  program established by this subdivision does not automat-
    37  ically make them eligible for any other compensation benefits  available
    38  from  the office including, but not limited to, reimbursement for mental
    39  health counseling expenses, relocation expenses, and loss  of  earnings,
    40  and  that  such compensation benefits may only be made available to them
    41  should the sexual assault survivor or  other  person  eligible  to  file
    42  pursuant  to  section  six  hundred  twenty-four of this article, file a
    43  compensation application with the office. If [he  or  she]  such  sexual
    44  assault  survivor declines to provide such health insurance information,
    45  [he or she] they shall indicate such decision on the  form  provided  by
    46  the  hospital,  sexual  assault examiner program or licensed health care
    47  provider, which form shall be prescribed by the office.
    48    § 2. Paragraph (c) of subdivision 1 of section 2805-i  of  the  public
    49  health  law,  as amended by section 1 of subpart S of part XX of chapter
    50  55 of the laws of 2020, is amended to read as follows:
    51    (c) offering and making available appropriate HIV post-exposure treat-
    52  ment therapies; including [a seven day starter pack of HIV post-exposure
    53  prophylaxis for a person eighteen years of age or older,  or]  the  full
    54  regimen  of  HIV post-exposure prophylaxis [for a person less than eigh-
    55  teen years of age,] in cases where it has been determined, in accordance
    56  with guidelines issued by the commissioner, that a significant  exposure

        S. 3005                            30                            A. 3005

     1  to  HIV  has  occurred, and informing the victim that payment assistance
     2  for such therapies and other crime related  expenses  may  be  available
     3  from the office of victim services pursuant to the provisions of article
     4  twenty-two  of  the  executive  law. With the consent of the victim of a
     5  sexual assault, the hospital emergency room department shall provide  or
     6  arrange for an appointment for medical follow-up related to HIV post-ex-
     7  posure prophylaxis and other care as appropriate; and
     8    §  3.  This  act  shall  take effect on the two hundred seventieth day
     9  after it shall have become a law and apply to all exams performed on  or
    10  after  such effective date.  Effective immediately, the addition, amend-
    11  ment and/or repeal of any rule or regulation necessary for the implemen-
    12  tation of this act on its effective date are authorized to be  made  and
    13  completed on or before such effective date.

    14                                   PART I

    15    Section  1.  Subdivision 4 of section 349-a of the social services law
    16  is REPEALED.
    17    § 2. Subdivision 5 of section 349-a of the  social  services  law,  as
    18  added  by  section  36  of part B of chapter 436 of the laws of 1997, is
    19  amended to read as follows:
    20    [5. Upon a determination that the individual's allegation is credible]
    21  4. Following referral to a domestic violence liaison, (a) the individual
    22  shall be informed by the domestic violence liaison  of  services,  which
    23  shall  be  available on a voluntary basis; and (b) the domestic violence
    24  liaison shall conduct an assessment to determine if and to  what  extent
    25  domestic  violence  is  a  barrier  to  the individual's compliance with
    26  public assistance requirements or  to  employment  and  such  assessment
    27  shall  be  based  upon  an  attestation  or the relevant information and
    28  corroborating evidence provided by the individual alleging  such  abuse;
    29  and  (c) the domestic violence liaison shall [assess the need for] grant
    30  any appropriate waivers of  such  program  requirements  based  on  such
    31  assessment.  Such waivers shall, to the extent permitted by federal law,
    32  include,  but  not  be limited to, residency requirements, child support
    33  cooperation  requirements  and  employment  and  training  requirements;
    34  provided, however, that exemptions from the sixty month limit on receipt
    35  of  benefits  under  the  federal temporary assistance to needy families
    36  block grant program shall be available only when  the  individual  would
    37  not be required to participate in work or training activities because of
    38  an  independently  verified physical or mental impairment resulting from
    39  domestic violence, anticipated to last for three months or longer, or if
    40  the individual is unable to work because of  the  need  to  care  for  a
    41  dependent  child  who  is  disabled  as  a  result of domestic violence.
    42  Provided, however, that pursuant to section one hundred forty-two of the
    43  welfare reform act of 1997 victims of domestic violence may be  exempted
    44  from  the application of subdivision two of section three hundred forty-
    45  nine of this article on the basis of hardship.
    46    § 3. Subdivisions 6 and 7 of section 349-a of the social services  law
    47  are  renumbered subdivisions 5 and 6 and a new subdivision 7 is added to
    48  read as follows:
    49    7.  When used in this section, the term  statewide  domestic  violence
    50  advocacy  groups  shall  mean  an organization designated by the federal
    51  department of health and human services to coordinate statewide improve-
    52  ments within local communities, social services systems, and programming
    53  regarding the prevention and intervention of domestic  violence  in  New
    54  York state.

        S. 3005                            31                            A. 3005

     1    §  4.    This  act shall take effect on the two hundred seventieth day
     2  after it shall have become a law.

     3                                   PART J

     4    Section  1.  The  state finance law is amended by adding a new section
     5  139-m to read as follows:
     6    § 139-m. Statement on gender-based  violence  and  the  workplace,  in
     7  bids. 1. (a) Every bid hereafter made to the state or any public depart-
     8  ment  or  agency thereof, where competitive bidding is required by stat-
     9  ute, rule or regulation,  for  work  or  services  performed  or  to  be
    10  performed  or  goods  sold  or  to  be sold, shall contain the following
    11  statement subscribed by the bidder and affirmed by such bidder  as  true
    12  under the penalty of perjury:
    13    "By  submission  of  this  bid, each bidder and each person signing on
    14  behalf of any bidder certifies, and in the case  of  a  joint  bid  each
    15  party  thereto  certifies  as  to its own organization, under penalty of
    16  perjury, that the bidder  has  and  has  implemented  a  written  policy
    17  addressing gender-based violence and the workplace and has provided such
    18  policy to all of its employees, directors and board members. Such policy
    19  shall,  at a minimum, meet the requirements of subdivision 11 of section
    20  five hundred seventy-five of the executive law."
    21    (b) Every bid hereafter made to the state or any public department  or
    22  agency  thereof,  where  competitive bidding is not required by statute,
    23  rule or regulation, for work or services performed or to be performed or
    24  goods sold or to be sold, may contain, at the discretion of the  depart-
    25  ment,  agency  or official, the certification required pursuant to para-
    26  graph (a) of this subdivision.
    27    2. Notwithstanding the foregoing, the statement required by  paragraph
    28  (a)  of  subdivision one of this section may be submitted electronically
    29  in accordance with the provisions of subdivision seven  of  section  one
    30  hundred sixty-three of this chapter.
    31    3.  A  bid  shall  not be considered for award, nor shall any award be
    32  made to a bidder who has not  complied  with  subdivision  one  of  this
    33  section; provided, however, that if the bidder cannot make the foregoing
    34  certification, such bidder shall so state and shall furnish with the bid
    35  a signed statement which sets forth in detail the reasons therefor.
    36    4. Any bid hereafter made to the state or any public department, agen-
    37  cy  or  official  thereof,  by  a  corporate bidder for work or services
    38  performed or to be performed or goods sold or to be sold, where such bid
    39  contains the statement required by  subdivision  one  of  this  section,
    40  shall  be  deemed  to  have been authorized by the board of directors of
    41  such bidder, and such authorization shall be deemed to include the sign-
    42  ing and submission of such bid and the inclusion therein of such  state-
    43  ment as the act and deed of the corporation.
    44    §  2.  Subdivisions 7 and 7-a of section 163 of the state finance law,
    45  subdivision 7 as amended and subdivision 7-a as added by  section  3  of
    46  part  R  of  chapter  55  of  the  laws  of 2023, are amended to read as
    47  follows:
    48    7. Method of procurement. Consistent with the requirements of subdivi-
    49  sions three and four of this section, state agencies shall select  among
    50  permissible  methods  of  procurement  including, but not limited to, an
    51  invitation for bid, request for proposals or other means of solicitation
    52  pursuant to guidelines issued by the state  procurement  council.  State
    53  agencies  may  accept  bids  electronically  including submission of the
    54  statement of non-collusion required by section one hundred thirty-nine-d

        S. 3005                            32                            A. 3005

     1  of this chapter, and the statement of certification required by  section
     2  one  hundred thirty-nine-l and section one hundred thirty-nine-m of this
     3  chapter. Except where otherwise provided by law, procurements  shall  be
     4  competitive,   and  state  agencies  shall  conduct  formal  competitive
     5  procurements to the maximum extent  practicable.  State  agencies  shall
     6  document the determination of the method of procurement and the basis of
     7  award  in  the procurement record. Where the basis for award is the best
     8  value offer, the state agency shall document, in the procurement  record
     9  and  in  advance  of the initial receipt of offers, the determination of
    10  the evaluation criteria, which whenever possible, shall be quantifiable,
    11  and the process to be used in the determination of best  value  and  the
    12  manner in which the evaluation process and selection shall be conducted.
    13    7-a. Notwithstanding the electronic bid provisions set forth in subdi-
    14  vision  seven  of this section, starting April first, two thousand twen-
    15  ty-three, and ending  March  thirty-first,  two  thousand  twenty-seven,
    16  state  agencies may require electronic submission as the sole method for
    17  the submission of bids for commodity, service and technology  contracts,
    18  including  submission  of  the  statement  of  non-collusion required by
    19  section one hundred thirty-nine-d of this chapter, and the statement  of
    20  certification  required by section one hundred thirty-nine-l and section
    21  one hundred thirty-nine-m of this chapter, and  may  require  electronic
    22  signatures  on  all  documents  required  for  submission  of a bid, any
    23  resulting contracts, and required submissions during  the  term  of  any
    24  contract.  Prior  to  requiring  the  electronic submission of bids, the
    25  agency shall make a determination, which  shall  be  documented  in  the
    26  procurement  record, that electronic submission affords a fair and equal
    27  opportunity for offerers to submit responsive offers, and that the elec-
    28  tronic signature complies with the provisions of article  three  of  the
    29  state technology law.
    30    §  3.  The  executive  law is amended by adding a new section 170-i to
    31  read as follows:
    32    § 170-i. Gender-based violence and the workplace.  1. Each state agen-
    33  cy shall formulate and issue a gender-based violence and  the  workplace
    34  policy  for  such  agency.  In formulating such policy, the state agency
    35  shall refer to the model gender-based violence and the workplace  policy
    36  distributed by the office for the prevention of domestic violence pursu-
    37  ant  to  subdivision eleven of section five hundred seventy-five of this
    38  chapter, and adopt its provisions as appropriate.
    39    2. Each state agency shall designate at least  one  domestic  violence
    40  agency  liaison  who  shall  ensure  agency compliance with the domestic
    41  violence provisions of the gender-based violence and the workplace poli-
    42  cy, be trained to assist victimized employees, and serve as the  primary
    43  contact for the policy distributed by the agency.
    44    3.  Each  state  agency,  in  formulating or revising its gender-based
    45  violence and the workplace policy, shall give due regard to  the  impor-
    46  tance  of  increasing  awareness  of gender-based violence and informing
    47  employees of available resources for assistance; clearly specifying  how
    48  to  reach  the domestic violence agency liaison; ensuring that personnel
    49  policies and procedures are fair to domestic and  gender-based  violence
    50  victims  and  survivors, and responsive to their needs; developing work-
    51  place safety response  plans;  complying  with  state  and  federal  law
    52  including  restrictions  of possession of firearms by a person convicted
    53  of a  domestic  violence  related  crime  or  subject  to  an  order  of
    54  protection;  encouraging  and  promoting gender-based violence education
    55  and training for employees; and holding accountable employees who misuse
    56  state resources or authority or violate their job duties  in  committing

        S. 3005                            33                            A. 3005

     1  an  act  of gender-based violence. Each state agency, when it issues its
     2  gender-based violence and the workplace policy, shall provide a copy  of
     3  that  policy  and  the  information for its designated domestic violence
     4  agency  liaison  to  the office for the prevention of domestic violence,
     5  and shall notify the office of any subsequent modifications of the poli-
     6  cy or the contact information for the domestic violence agency liaison.
     7    4. (a) Every covered employee  shall  participate  in  a  gender-based
     8  violence  and  the  workplace  training  developed by the office for the
     9  prevention of domestic violence and  made  available  on  the  statewide
    10  learning management system annually.
    11    (b)  As  used  in  this subdivision, "covered employee" shall mean all
    12  officers and employees working in the executive chamber in the office of
    13  the governor and New York State agencies who  supervise  other  officers
    14  and employees, who serve as the domestic violence agency liaison, or who
    15  are  employed  in  a  human resources position. "Officers and employees"
    16  shall have the meaning given to "state officer or employee"  in  section
    17  seventy-three of the public officers law.
    18    5.  Each  state  agency  shall  cooperate  with  the  office  for  the
    19  prevention of domestic violence and furnish such information, reporting,
    20  and assistance as the  office  determines  is  reasonably  necessary  to
    21  accomplish the purposes of this section.
    22    §  4.  Section  575  of  the  executive law is amended by adding a new
    23  subdivision 11 to read as follows:
    24    11. Gender-based violence and the workplace policies. The office shall
    25  consult with the division of  human  rights,  department  of  labor,  an
    26  organization  designated  by  the federal department of health and human
    27  services to coordinate statewide improvements within local  communities,
    28  social  services  systems,  and programming regarding the prevention and
    29  intervention of domestic violence in New York state, and an organization
    30  designated by the  federal  department  of  justice  to  provide  direct
    31  support  to  member  rape  and  crisis centers in New York state through
    32  funding, training and technical assistance, public awareness, and public
    33  policy advocacy to create and publish a model gender-based violence  and
    34  the  workplace  policy that employers may utilize in their adoption of a
    35  gender-based violence and the workplace policy required by  section  one
    36  hundred  thirty-nine-m  of the state finance law.  The office shall also
    37  publish a model gender-based violence and the workplace policy for exec-
    38  utive agencies that such agencies may utilize in  their  adoption  of  a
    39  gender-based  violence  and the workplace policy required by section one
    40  hundred seventy-i of this chapter. Such model gender-based violence  and
    41  the  workplace  policy  shall  be  publicly  available and posted on the
    42  websites of the office, the department of  labor  and  the  division  of
    43  human rights.
    44    § 5. This act shall take effect on the one hundred eightieth day after
    45  it  shall  have  become a law; provided, however, that the amendments to
    46  section 163 of the state finance law made by section  two  of  this  act
    47  shall not affect the repeal of such section and shall be deemed repealed
    48  therewith.

    49                                   PART K

    50    Section  1. The general municipal law is amended by adding a new arti-
    51  cle 19-C to read as follows:
    52                                ARTICLE 19-C
    53  CYBERSECURITY INCIDENT REPORTING REQUIREMENTS FOR MUNICIPAL CORPORATIONS
    54  Section 995-a. Definitions.

        S. 3005                            34                            A. 3005

     1          995-b. Reporting of cybersecurity incidents.
     2          995-c. Notice and explanation of ransom payment.
     3    § 995-a. Definitions.  For the purposes of this article:  1. "Cyberse-
     4  curity incident" means an event occurring  on  or  conducted  through  a
     5  computer  network that actually or imminently jeopardizes the integrity,
     6  confidentiality, or availability of computers, information  or  communi-
     7  cations   systems   or  networks,  physical  or  virtual  infrastructure
     8  controlled by computers or information systems, or information  resident
     9  thereon.
    10    2.  "Cyber  threat" means any circumstance or event with the potential
    11  to adversely impact organizational operations, organizational assets, or
    12  individuals through  an  information  system  via  unauthorized  access,
    13  destruction,  disclosure,  modification of information, and/or denial of
    14  service.
    15    3. "Cyber threat indicator" means information  that  is  necessary  to
    16  describe or identify:
    17    (a) malicious reconnaissance, including anomalous patterns of communi-
    18  cations that appear to be transmitted for the purpose of gathering tech-
    19  nical  information related to a cybersecurity threat or security vulner-
    20  ability;
    21    (b) a method of defeating a security  control  or  exploitation  of  a
    22  security vulnerability;
    23    (c)  a  security  vulnerability,  including  anomalous  activity  that
    24  appears to indicate the existence of a security vulnerability;
    25    (d) a method of causing a user with legitimate access to  an  informa-
    26  tion  system or information that is stored on, processed by, or transit-
    27  ing an information system to unwittingly enable the defeat of a security
    28  control or exploitation of a security vulnerability;
    29    (e) malicious cyber command and control;
    30    (f) the actual or potential harm caused by an  incident,  including  a
    31  description  of  the information exfiltrated as a result of a particular
    32  cybersecurity threat;
    33    (g) any other attribute of a cybersecurity threat,  if  disclosure  of
    34  such attribute is not otherwise prohibited by law; or
    35    (h) any combination thereof.
    36    4.  "Defensive measure" means an action, device, procedure, signature,
    37  technique, or other measure applied to an information system or informa-
    38  tion that is stored on,  processed  by,  or  transiting  an  information
    39  system  that  detects,  prevents,  or  mitigates  a  known  or suspected
    40  cybersecurity threat or  security  vulnerability.  The  term  "defensive
    41  measure"  does  not  include  a measure that destroys, renders unusable,
    42  provides unauthorized access to, or substantially harms  an  information
    43  system or information stored on, processed by, or transiting such infor-
    44  mation system not owned by the municipal corporation operating the meas-
    45  ure,  or  federal  entity  that is authorized to provide consent and has
    46  provided consent to that municipal corporation  for  operation  of  such
    47  measure.
    48    5.  "Information system" means a discrete set of information resources
    49  organized for the collection,  processing,  maintenance,  use,  sharing,
    50  dissemination, or disposition of information.
    51    6. "Municipal corporation" means:
    52    (a)  A  municipal  corporation as defined in section one hundred nine-
    53  teen-n of this chapter; or
    54    (b) A district as defined in section one hundred  nineteen-n  of  this
    55  chapter.

        S. 3005                            35                            A. 3005

     1    7. "Ransom payment" means the transmission of any money or other prop-
     2  erty or asset, including virtual currency, or any portion thereof, which
     3  has at any time been delivered as ransom in connection with a ransomware
     4  attack.
     5    8. "Ransomware attack":
     6    (a)  means an incident that includes the use or threat of use of unau-
     7  thorized or malicious code on an  information  system,  or  the  use  or
     8  threat  of  use of another digital mechanism such as a denial of service
     9  attack, to interrupt or disrupt the operations of an information  system
    10  or  compromise  the confidentiality, availability, or integrity of elec-
    11  tronic data stored on, processed by, or transiting an information system
    12  to extort a demand for a ransom payment; and
    13    (b) does not include any such event in which the  demand  for  payment
    14  is:
    15    (i) not genuine; or
    16    (ii) made in good faith by an entity in response to a specific request
    17  by the owner or operator of the information system.
    18    §  995-b. Reporting of cybersecurity incidents. 1. Notwithstanding any
    19  other provision of law, all municipal corporations shall report cyberse-
    20  curity incidents and when applicable, the demand of a ransom payment, to
    21  the commissioner of the division  of  homeland  security  and  emergency
    22  services in the form and method prescribed by such commissioner.
    23    2.  All municipal corporations shall report cybersecurity incidents no
    24  later than seventy-two hours after the municipality reasonably  believes
    25  the cybersecurity incident has occurred.
    26    3.  Any  cybersecurity  incident  report  and any records related to a
    27  ransom payment submitted to the commissioner of the division of homeland
    28  security and emergency services pursuant to  the  requirements  of  this
    29  article  shall be exempt from disclosure under article six of the public
    30  officers law.
    31    § 995-c. Notice and explanation of ransom payment. Notwithstanding any
    32  other provision of law, each municipal corporation shall, in  the  event
    33  of  a  ransom  payment  made in connection with a cybersecurity incident
    34  involving the municipal corporation, provide  the  commissioner  of  the
    35  division  of  homeland  security  and  emergency  services through means
    36  prescribed by such commissioner with the following:
    37    (a) within twenty-four hours of the  ransom  payment,  notice  of  the
    38  payment; and
    39    (b) within thirty days of the ransom payment, a written description of
    40  the reasons payment was necessary, the amount of the ransom payment, the
    41  means  by  which  the ransom payment was made, a description of alterna-
    42  tives to payment considered, all diligence performed  to  find  alterna-
    43  tives  to  payment and all diligence performed to ensure compliance with
    44  applicable state and federal rules and regulations  including  those  of
    45  the federal office of foreign assets control.
    46    §  2.  The  executive  law is amended by adding a new section 711-c to
    47  read as follows:
    48    § 711-c. Cybersecurity incident reviews. 1. The commissioner, or their
    49  designee, shall review each cybersecurity incident report and notice and
    50  explanation of  ransom  payment  submitted  pursuant  to  sections  nine
    51  hundred  ninety-five-b  and  nine  hundred  ninety-five-c of the general
    52  municipal law to assess potential impacts of cybersecurity incidents and
    53  ransom payments on the health, safety, welfare or security of the state,
    54  or its residents.
    55    2. The commissioner, or their  designee,  may  work  with  appropriate
    56  state  agencies,  federal law enforcement, and federal homeland security

        S. 3005                            36                            A. 3005

     1  agencies to provide municipal corporations with reports of cybersecurity
     2  incidents and trends, including but  not  limited  to,  to  the  maximum
     3  extent practicable, related contextual information, cyber threat indica-
     4  tors,  and defensive measures. The commissioner may coordinate and share
     5  such reported information with municipal corporations,  state  agencies,
     6  and federal law enforcement and homeland security agencies to respond to
     7  and mitigate cybersecurity threats.
     8    3. Such reports, assessments, records, reviews, documents, recommenda-
     9  tions, guidance and any information contained or used in its preparation
    10  shall be exempt from disclosure under article six of the public officers
    11  law.
    12    §  3.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law.

    14                                   PART L

    15    Section 1. Section 263.10 of the penal law, as amended by chapter 1 of
    16  the laws of 2000, is amended to read as follows:
    17  § 263.10 Promoting an obscene sexual performance by a child.
    18    A person is guilty of promoting an obscene  sexual  performance  by  a
    19  child  when, knowing the character and content thereof, [he] such person
    20  produces, directs or promotes any  obscene  performance  which  includes
    21  sexual  conduct by a child less than seventeen years of age, including a
    22  performance created or altered by digitization  as  defined  in  section
    23  245.15 of this part.
    24    Promoting  an obscene sexual performance by a child is a class D felo-
    25  ny.
    26    § 2. Section 263.11 of the penal law, as amended by chapter 456 of the
    27  laws of 2012, is amended to read as follows:
    28  § 263.11 Possessing an obscene sexual performance by a child.
    29    A person is guilty of possessing an obscene sexual  performance  by  a
    30  child  when, knowing the character and content thereof, [he] such person
    31  knowingly has in [his] such person's possession or control, or knowingly
    32  accesses with intent to view, any  obscene  performance  which  includes
    33  sexual  conduct  by  a child less than sixteen years of age, including a
    34  performance created or altered by digitization  as  defined  in  section
    35  245.15 of this part.
    36    Possessing an obscene sexual performance by a child is a class E felo-
    37  ny.
    38    §  3.  Section 263.15 of the penal law, as amended by chapter 1 of the
    39  laws of 2000, is amended to read as follows:
    40  § 263.15 Promoting a sexual performance by a child.
    41    A person is guilty of promoting a sexual performance by a child  when,
    42  knowing  the  character  and content thereof, [he] such person produces,
    43  directs or promotes any performance which includes sexual conduct  by  a
    44  child  less than seventeen years of age, including a performance created
    45  or altered by digitization as defined in section 245.15 of this part.
    46    Promoting a sexual performance by a child is a class D felony.
    47    § 4. Section 263.16 of the penal law, as amended by chapter 456 of the
    48  laws of 2012, is amended to read as follows:
    49  § 263.16 Possessing a sexual performance by a child.
    50    A person is guilty of possessing a sexual performance by a child when,
    51  knowing the character and content thereof, [he]  such  person  knowingly
    52  has  in [his] such person's possession or control, or knowingly accesses
    53  with intent to view, any performance which includes sexual conduct by  a

        S. 3005                            37                            A. 3005

     1  child less than sixteen years of age, including a performance created or
     2  altered by digitization as defined in section 245.15 of this part.
     3    Possessing a sexual performance by a child is a class E felony.
     4    §  5.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.

     6                                   PART M

     7    Section 1. Section 230.34 of the penal law, as added by chapter 74  of
     8  the laws of 2007, is amended to read as follows:
     9  § 230.34 Sex trafficking.
    10    A  person  is  guilty  of  sex  trafficking if [he or she] such person
    11  intentionally advances or profits from prostitution [by]:
    12    1. by unlawfully providing to a person who is patronized, with  intent
    13  to  impair  said  person's  judgment:  (a) a narcotic drug or a narcotic
    14  preparation; (b) concentrated cannabis as defined in [paragraph (a)  of]
    15  subdivision [four] seventeen of section [thirty-three hundred two] three
    16  of the [public health] cannabis law; (c) methadone; or (d) gamma-hydrox-
    17  ybutyrate (GHB) or flunitrazepan, also known as Rohypnol;
    18    2. by making material false statements, misstatements, or omissions to
    19  induce  or maintain the person being patronized to engage in or continue
    20  to engage in prostitution activity;
    21    3. by withholding, destroying, or confiscating any actual or purported
    22  passport, immigration document, or any other actual or purported govern-
    23  ment identification document of another person  with  intent  to  impair
    24  said person's freedom of movement; provided, however, that this subdivi-
    25  sion shall not apply to an attempt to correct a social security adminis-
    26  tration  record  or  immigration  agency  record  in accordance with any
    27  local, state, or federal agency requirement, where such attempt  is  not
    28  made for the purpose of any express or implied threat;
    29    4.  by  requiring  that prostitution be performed to retire, repay, or
    30  service a real or purported debt;
    31    5. by using force or engaging in any scheme, plan or pattern to compel
    32  or induce the person being patronized to engage in or continue to engage
    33  in prostitution activity by means of instilling a  fear  in  the  person
    34  being  patronized that, if the demand is not complied with, the actor or
    35  another will do one or more of the following:
    36    (a) cause physical injury, serious physical  injury,  or  death  to  a
    37  person; or
    38    (b) cause damage to property, other than the property of the actor; or
    39    (c)  engage  in other conduct constituting a felony or unlawful impri-
    40  sonment in the second degree in violation  of  section  135.05  of  this
    41  chapter; or
    42    (d)  accuse some person of a crime or cause criminal charges or depor-
    43  tation proceedings to  be  instituted  against  some  person;  provided,
    44  however,  that  it  shall  be an affirmative defense to this subdivision
    45  that the [defendant] actor reasonably believed the threatened charge  to
    46  be  true and that [his or her] the actor's sole purpose was to compel or
    47  induce the victim to take reasonable action to make good the wrong which
    48  was the subject of such threatened charge; or
    49    (e) expose a secret or publicize an asserted  fact,  whether  true  or
    50  false,  tending  to subject some person to hatred, contempt or ridicule;
    51  or
    52    (f) testify or provide information or withhold testimony  or  informa-
    53  tion with respect to another's legal claim or defense; or

        S. 3005                            38                            A. 3005

     1    (g) use or abuse [his or her] the actor's position as a public servant
     2  by  performing  some  act  within or related to [his or her] the actor's
     3  official duties, or by failing or refusing to perform an official  duty,
     4  in such manner as to affect some person adversely; or
     5    (h) perform any other act which would not in itself materially benefit
     6  the  actor  but which is calculated to harm the person who is patronized
     7  materially with respect to [his or her] such person's health, safety, or
     8  immigration status; or
     9    6. where the person being patronized is mentally disabled  as  defined
    10  in subdivision five of section 130.00 of this chapter.
    11    Sex trafficking is a class B felony.
    12    §  2.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law.

    14                                   PART N

    15    Section 1. Paragraph (k-2) of subdivision 2 of section  65.10  of  the
    16  penal law, as added by section 1 of part VV of chapter 56 of the laws of
    17  2020, is amended to read as follows:
    18    (k-2)  (i)  Refrain,  upon  sentencing  for a crime involving unlawful
    19  sexual conduct or assault committed against either a metropolitan trans-
    20  portation authority system passenger[,] or customer, or employee  [or  a
    21  crime  involving assault against a metropolitan transportation authority
    22  employee,] of the metropolitan transportation authority  system  or  any
    23  contractor  then  performing  work  for any entity of the system, if the
    24  offense was committed in or [on] adjacent to any facility or  conveyance
    25  of the [metropolitan transportation authority or a subsidiary thereof or
    26  the New York city transit authority or a subsidiary thereof] authority's
    27  transportation system, from using or entering any of [such] the authori-
    28  ty's subways, trains, buses, or other conveyances or facilities as spec-
    29  ified  by  the  court  for a period of up to three years, or a specified
    30  period of such probation or conditional discharge,  whichever  is  less.
    31  For  purposes  of  this section, a crime involving assault shall mean an
    32  offense described in article one hundred twenty of  this  chapter  which
    33  has  as  an  element  the causing of physical injury or serious physical
    34  injury to another as well  as  the  attempt  thereof.  If  the  sentence
    35  imposed  by  the  court includes a period of incarceration followed by a
    36  period of probation or conditional discharge, then the court may  impose
    37  conditions  under  this paragraph to be operative only during the period
    38  of probation or conditional discharge. Orders under this  paragraph  may
    39  extend  to  any part of the metropolitan transportation authority system
    40  in the court's discretion, including parts of  the  system  outside  the
    41  county where the sentencing judge sits.
    42    (ii)  The  court  may,  in its discretion, suspend, modify or cancel a
    43  condition imposed under this paragraph in the interest of justice at any
    44  time. If the person depends on the authority's subways,  trains,  buses,
    45  or  other  conveyances  or facilities for trips of necessity, including,
    46  but not limited to, travel to or from  medical  or  legal  appointments,
    47  school  or  training  classes  or  places of employment, obtaining food,
    48  clothing or necessary household  items,  or  rendering  care  to  family
    49  members,  the  court  may  modify  such condition to allow for a trip or
    50  trips as in its discretion are necessary.
    51    (iii) A person at liberty and subject to a condition under this  para-
    52  graph  who  applies,  within  thirty  days after the date such condition
    53  becomes effective, for a refund of any  prepaid  fare  amounts  rendered
    54  unusable in whole or in part by such condition including, but not limit-

        S. 3005                            39                            A. 3005

     1  ed  to,  a  monthly  pass,  shall  be  issued a refund of the amounts so
     2  prepaid.
     3    (iv)  Any  order issued pursuant to this paragraph, whether imposing a
     4  ban or modifying one, shall be served on the metropolitan transportation
     5  authority as directed by the court.
     6    (v) The metropolitan transportation authority  shall  not  use  facial
     7  recognition  technology  to  enforce  any  order issued pursuant to this
     8  paragraph.
     9    § 2. This act shall take effect immediately.

    10                                   PART O

    11    Section 1. Subdivision 2 of  section  140.00  of  the  penal  law,  as
    12  amended  by  chapter  698  of  the  laws  of 1979, is amended to read as
    13  follows:
    14    2. "Building," in addition  to  its  ordinary  meaning,  includes  any
    15  structure,  vehicle or watercraft used for overnight lodging of persons,
    16  or used by persons for carrying on business therein,  or  used  for  the
    17  business  of transporting persons, or used as an elementary or secondary
    18  school, or an [inclosed] enclosed motor truck, or an [inclosed] enclosed
    19  motor truck trailer. Where a building consists  of  two  or  more  units
    20  separately  secured  or occupied, each unit shall be deemed both a sepa-
    21  rate building in itself and a part of the main building.
    22    § 2. This act shall take effect immediately.

    23                                   PART P

    24    Section 1. The penal law is amended by adding a new section 240.80  to
    25  read as follows:
    26  § 240.80 Aggravated transportation offense.
    27    1.  A  person is guilty of aggravated transportation offense when such
    28  person commits a specified offense, as defined  in  subdivision  two  of
    29  this  section, and such person has been convicted of a specified offense
    30  within the preceding five years. For the purposes of  this  subdivision,
    31  in calculating the five year period, any period of time during which the
    32  defendant  was  incarcerated  for  any  reason  between  the time of the
    33  commission of any of such previous offenses and the time  of  commission
    34  of  the  present crime shall be excluded and such five year period shall
    35  be extended by a period or periods equal to the time served  under  such
    36  incarceration.
    37    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    38  (assault in the third degree); section 120.05  (assault  in  the  second
    39  degree);  section  120.10  (assault in the first degree); section 120.13
    40  (menacing in the first degree); section 120.14 (menacing in  the  second
    41  degree);  section  120.15 (menacing in the third degree); section 120.20
    42  (reckless endangerment in the second degree); section  120.25  (reckless
    43  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    44  fourth degree); section 120.50 (stalking in the third  degree);  section
    45  120.55  (stalking in the second degree); section 120.60 (stalking in the
    46  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    47  blood circulation); section 121.12 (strangulation in the second degree);
    48  section  121.13  (strangulation in the first degree); subdivision one of
    49  section 125.15 (manslaughter in the second degree); subdivision one, two
    50  or four of section 125.20 (manslaughter in the  first  degree);  section
    51  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    52  duct); section 130.30 (rape in the second degree); section 130.35  (rape

        S. 3005                            40                            A. 3005

     1  in  the first degree); former section 130.40 (criminal sexual act in the
     2  third degree); former section 130.45 (criminal sexual act in the  second
     3  degree);  former  section  130.50  (criminal  sexual  act  in  the first
     4  degree);  section 130.52 (forcible touching); section 130.53 (persistent
     5  sexual abuse); section  130.55  (sexual  abuse  in  the  third  degree);
     6  section  130.60  (sexual  abuse  in  the  second degree); section 130.65
     7  (sexual abuse in the first degree); section  130.66  (aggravated  sexual
     8  abuse  in  the third degree); section 130.67 (aggravated sexual abuse in
     9  the second degree); section 130.70 (aggravated sexual abuse in the first
    10  degree); section 130.91  (sexually  motivated  felony);  section  130.95
    11  (predatory  sexual  assault);  section  130.96 (predatory sexual assault
    12  against a child); section 135.05 (unlawful imprisonment  in  the  second
    13  degree);  section  135.10  (unlawful  imprisonment in the first degree);
    14  section 135.60 (coercion in the third degree); section 135.61  (coercion
    15  in  the  second  degree); section 135.65 (coercion in the first degree);
    16  section 140.20 (burglary in the third degree); section 140.25  (burglary
    17  in  the  second  degree); section 140.30 (burglary in the first degree);
    18  section 145.00 (criminal mischief in the fourth degree); section  145.05
    19  (criminal  mischief  in  the  third  degree);  section  145.10 (criminal
    20  mischief in the second degree); section 145.12 (criminal mischief in the
    21  first degree); section 145.14 (criminal tampering in the third  degree);
    22  section  215.50 (criminal contempt in the second degree); section 215.51
    23  (criminal contempt in the  first  degree);  section  215.52  (aggravated
    24  criminal  contempt);  section  240.25  (harassment in the first degree);
    25  subdivision one, two or four of section 240.30 (aggravated harassment in
    26  the second degree); section 245.00  (public  lewdness);  section  245.01
    27  (exposure of a person); section 245.02 (promoting exposure of a person);
    28  section  245.03  (public  lewdness  in the first degree); section 245.05
    29  (offensive exhibition); section  245.11  (public  display  of  offensive
    30  sexual  material); section 245.15 (unlawful dissemination or publication
    31  of an intimate image); section  250.45  (unlawful  surveillance  in  the
    32  second  degree);  section  250.50  (unlawful  surveillance  in the first
    33  degree); aggravated transportation offense as defined in this section or
    34  any attempt or conspiracy to commit any of the foregoing offenses  where
    35  the  offense  was committed in or adjacent to any facility or conveyance
    36  of the metropolitan transportation authority or a subsidiary thereof  or
    37  the New York city transit authority or a subsidiary thereof.
    38    3.  The person against whom the current specified offense is committed
    39  may be different from the person against  whom  the  previous  specified
    40  offense was committed.
    41    Aggravated transportation offense is a class C felony.
    42    §  2.  This  act shall take effect on the thirtieth day after it shall
    43  have become a law.

    44                                   PART Q

    45    Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
    46  alcoholic  beverage  control  law  relating  to liquidator's permits and
    47  temporary retail permits, as amended by section 1 of part K  of  chapter
    48  55 of the laws of 2024, is amended to read as follows:
    49    §  5.  This  act  shall take effect on the sixtieth day after it shall
    50  have become a law, provided that  paragraph  (b)  of  subdivision  1  of
    51  section  97-a  of the alcoholic beverage control law as added by section
    52  two of this act shall expire and be deemed repealed October  12,  [2025]
    53  2026.
    54    § 2. This act shall take effect immediately.

        S. 3005                            41                            A. 3005

     1                                   PART R

     2    Section  1. Subdivision 1 of section 2799-gg of the public authorities
     3  law, as amended by section 1 of part TT of chapter 56  of  the  laws  of
     4  2024, is amended to read as follows:
     5    1.  The  authority  shall have the power and is hereby authorized from
     6  time to time to issue bonds, in conformity with applicable provisions of
     7  the uniform commercial code, in such principal amounts as it may  deter-
     8  mine  to  be  necessary pursuant to section twenty-seven hundred ninety-
     9  nine-ff of this title to pay  the  cost  of  any  project  and  to  fund
    10  reserves   to  secure  such  bonds,  including  incidental  expenses  in
    11  connection therewith.
    12    The aggregate principal amount of such bonds,  notes  or  other  obli-
    13  gations outstanding shall not exceed, beginning July first, two thousand
    14  twenty-four,   twenty-one   billion   five   hundred   million   dollars
    15  ($21,500,000,000) and beginning July first,  two  thousand  twenty-five,
    16  [twenty-seven]    thirty    billion   five   hundred   million   dollars
    17  [($27,500,000,000)] ($30,500,000,000), excluding bonds, notes  or  other
    18  obligations  issued  pursuant  to  sections twenty-seven hundred ninety-
    19  nine-ss and twenty-seven hundred ninety-nine-tt of this title; provided,
    20  however, that upon any refunding or repayment of bonds (which term shall
    21  not, for this purpose,  include  bond  anticipation  notes),  the  total
    22  aggregate  principal  amount  of outstanding bonds, notes or other obli-
    23  gations may be greater than, beginning July first, two thousand  twenty-
    24  four, twenty-one billion five hundred million dollars ($21,500,000,000),
    25  and beginning July first, two thousand twenty-five, [twenty-seven] thir-
    26  ty    billion   five   hundred   million   dollars   [($27,500,000,000)]
    27  ($30,500,000,000), only if the refunding or repayment  bonds,  notes  or
    28  other  obligations  were  issued  in  accordance  with the provisions of
    29  subparagraph (a) of subdivision two of paragraph b of section  90.10  of
    30  the local finance law, as amended from time to time. Notwithstanding the
    31  foregoing, bonds, notes or other obligations issued by the authority may
    32  be  outstanding  in  an  amount greater than the amount permitted by the
    33  preceding sentence, provided that such additional  amount  at  issuance,
    34  together  with  the amount of indebtedness contracted by the city of New
    35  York, shall not exceed the limit prescribed by  section  104.00  of  the
    36  local  finance law. The authority shall have the power from time to time
    37  to refund any bonds of the authority by the issuance of new bonds wheth-
    38  er the bonds to be refunded have or have  not  matured,  and  may  issue
    39  bonds partly to refund bonds of the authority then outstanding and part-
    40  ly  to  pay  the  cost  of  any project pursuant to section twenty-seven
    41  hundred ninety-nine-ff of this title.  Bonds  issued  by  the  authority
    42  shall  be  payable  solely out of particular revenues or other moneys of
    43  the authority as may be designated in the proceedings of  the  authority
    44  under  which  the bonds shall be authorized to be issued, subject to any
    45  agreements entered into between the authority and the city, and  subject
    46  to  any  agreements  with  the holders of outstanding bonds pledging any
    47  particular revenues or moneys.
    48    § 2. This act shall take effect immediately and  shall  be  deemed  to
    49  have been in full force and effect on and after April 1, 2025.

    50                                   PART S

    51    Section  1.  Subdivision  3 of section 489-cccccc of the real property
    52  tax law is amended by adding a new paragraph (e) to read as follows:

        S. 3005                            42                            A. 3005

     1    (e) Parking facility. No benefits shall be granted  pursuant  to  this
     2  title  for  construction work on real property where any portion of such
     3  property is to be used as a parking facility. For the purposes  of  this
     4  title,  "parking facility" means any real property or portion thereof in
     5  a  city  on which exists a facility operated in a manner that requires a
     6  license for the operation of a garage  or  parking  lot  issued  by  the
     7  consumer and worker protection agency of such city.
     8    §  2. Paragraph (a) of subdivision 1 of section 489-dddddd of the real
     9  property tax law, as amended by chapter 332 of  the  laws  of  2024,  is
    10  amended to read as follows:
    11    (a)  Application for benefits pursuant to this title may be made imme-
    12  diately following the effective date of a local law enacted pursuant  to
    13  this  title  and  continuing  until March first, two thousand thirty or,
    14  with respect to an application for benefits for property  defined  as  a
    15  peaking unit authorized pursuant to paragraph (b-1) of subdivision three
    16  of  section  four  hundred eighty-nine-bbbbbb of this title, until March
    17  first, two thousand twenty-nine.
    18    § 3. Subdivision 3 of section 489-dddddd of the real property tax law,
    19  as amended by chapter 332 of the laws of 2024, is  amended  to  read  as
    20  follows:
    21    3.  (a) No benefits authorized pursuant to this title shall be granted
    22  for construction work performed pursuant to  a  building  permit  issued
    23  after April first, two thousand thirty, except that for property defined
    24  as a peaking unit, no benefits authorized pursuant to paragraph (b-1) of
    25  subdivision  three  of  section  four hundred eighty-nine-bbbbbb of this
    26  title shall be granted for construction work  performed  pursuant  to  a
    27  building permit issued after April first, two thousand twenty-nine.
    28    (b)  If  no  building permit was required, then no benefits authorized
    29  pursuant to this title shall be granted for construction  work  that  is
    30  commenced  after April first, two thousand thirty, except that for prop-
    31  erty defined as a peaking unit, no benefits authorized pursuant to para-
    32  graph (b-1) of subdivision three of section  four  hundred  eighty-nine-
    33  bbbbbb  of  this  title  shall  be granted for construction work that is
    34  commenced after April first, two thousand twenty-nine.
    35    § 4. Subdivision 2 of section 489-gggggg of the real property tax  law
    36  is amended by adding a new paragraph (a-1) to read as follows:
    37    (a-1)  Notwithstanding any provision of law to the contrary, beginning
    38  January first, two  thousand  twenty-six,  Governor's  Island  shall  be
    39  designated  a special commercial abatement area for the purposes of this
    40  title, provided that such designation may be modified  in  whole  or  in
    41  part in accordance with the procedures set forth in this subdivision.
    42    §  5. Paragraph (e) of subdivision 2 of section 489-gggggg of the real
    43  property tax law, as added by chapter  119  of  the  laws  of  2008,  is
    44  amended to read as follows:
    45    (e)  In  the  city  of New York, the commission may designate any area
    46  other than the area lying south of the center line of 96th Street in the
    47  borough of Manhattan not including Governor's Island, to  be  a  special
    48  commercial abatement area if it determines that market conditions in the
    49  area  are  such that the availability of a special abatement is required
    50  in order to encourage commercial construction  work  in  such  area.  In
    51  making  such  determination,  the commission shall consider, among other
    52  factors, the existence in such area of a special need for commercial and
    53  job development, high unemployment, economic distress or unusually large
    54  numbers of vacant, underutilized, unsuitable or substandard  structures,
    55  or  other  substandard, unsanitary, deteriorated or deteriorating condi-
    56  tions, with or without  tangible  blight;  provided  that,  however,  in

        S. 3005                            43                            A. 3005

     1  making such determination with respect to Governor's Island, the commis-
     2  sion shall consider, among other factors, the density of existing devel-
     3  opments and the nature and purpose of planned developments on Governor's
     4  Island, and the development of emerging industries in the city.
     5    §  6. Paragraph (c) of subdivision 3 of section 489-gggggg of the real
     6  property tax law, as added by chapter  119  of  the  laws  of  2008,  is
     7  amended to read as follows:
     8    (c)  the  area in the borough of Manhattan south of the center line of
     9  59th street, other than: (i) the areas designated  renovation  areas  by
    10  paragraphs (a) and (b) of this subdivision, or (ii) as of January first,
    11  two thousand twenty-six, Governor's Island.
    12    § 7. Subdivision 4 of section 489-gggggg of the real property tax law,
    13  as  added  by  chapter  119  of  the laws of 2008, is amended to read as
    14  follows:
    15    4. Commercial exclusion area. Except as provided in paragraph  (f)  of
    16  subdivision  three  of  section  four hundred eighty-nine-bbbbbb of this
    17  title, any area in the borough of Manhattan lying south  of  the  center
    18  line  of  96th  Street,  other than: (a) the areas designated renovation
    19  areas by subdivision three of this section and (b) as of January  first,
    20  two thousand twenty-six, Governor's Island, shall be a commercial exclu-
    21  sion  area. Commercial construction projects in the commercial exclusion
    22  area shall not be eligible to receive tax abatements  pursuant  to  this
    23  title.
    24    § 8. Section 11-268 of the administrative code of the city of New York
    25  is  amended  by  adding  two  new  subdivisions  k-1  and o-1 to read as
    26  follows:
    27    k-1. "Parking facility" means any real property or portion thereof  on
    28  which exists a facility operated in a manner that requires a license for
    29  the  operation  of  a  garage or parking lot issued by the department of
    30  consumer and worker protection.
    31    o-1. "Self-storage facility" shall mean any real property or a portion
    32  thereof that is designed and used for the purpose of  occupying  storage
    33  space  by  occupants  who  are to have access thereto for the purpose of
    34  storing and removing personal property, pursuant to subdivision  one  of
    35  section one hundred eighty-two of the lien law.
    36    § 9. Subdivision c of section 11-270 of the administrative code of the
    37  city of New York is amended by adding two new paragraphs 4 and 5 to read
    38  as follows:
    39    (4)  Self-storage facilities. No benefits shall be granted pursuant to
    40  this part for construction work on real property where  any  portion  of
    41  such property is to be used as a self-storage facility.
    42    (5)  Parking  facility.  No benefits shall be granted pursuant to this
    43  part for construction work on real property where any  portion  of  such
    44  property is to be used as a parking facility.
    45    §  10.  Paragraph 1 of subdivision a of section 11-271 of the adminis-
    46  trative code of the city of New York, as amended by chapter 332  of  the
    47  laws of 2024, is amended to read as follows:
    48    (1)  Application  for benefits pursuant to this part may be made imme-
    49  diately following the effective date of the local law  that  added  this
    50  section  and  continuing until March first, two thousand thirty or, with
    51  respect to an application for benefits for property defined as a peaking
    52  unit authorized pursuant to paragraph (2-a) of subdivision c of  section
    53  11-269 of this part until March first, two thousand twenty-nine.
    54    §  11.  Subdivision  c of section 11-271 of the administrative code of
    55  the city of New York, as amended by chapter 332 of the laws of 2024,  is
    56  amended to read as follows:

        S. 3005                            44                            A. 3005

     1    c.  (1)  No benefits authorized pursuant to this part shall be granted
     2  for construction work performed pursuant to  a  building  permit  issued
     3  after April first, two thousand thirty, except that for property defined
     4  as a peaking unit, no benefits authorized pursuant to paragraph (2-a) of
     5  subdivision  c  of  section  11-269  of  this  part shall be granted for
     6  construction work performed pursuant to a building permit  issued  after
     7  April first, two thousand twenty-nine.
     8    (2)  If  no  building permit was required, then no benefits authorized
     9  pursuant to this part shall be granted for  construction  work  that  is
    10  commenced  after April first, two thousand thirty, except that for prop-
    11  erty defined as a peaking unit, no benefits authorized pursuant to para-
    12  graph (2-a) of subdivision c of section 11-269 of  this  part  shall  be
    13  granted  for  construction work that is commenced after April first, two
    14  thousand twenty-nine.
    15    § 12. Subdivision b of section 11-274 of the  administrative  code  of
    16  the city of New York is amended by adding a new paragraph 1-a to read as
    17  follows:
    18    (1-a)  Notwithstanding any provision of law to the contrary, beginning
    19  January first, two  thousand  twenty-six,  Governor's  Island  shall  be
    20  designated  a special commercial abatement area for the purposes of this
    21  part, provided that such designation may be modified in whole or in part
    22  in accordance with the procedures set forth in this subdivision.
    23    § 13. Paragraph 5 of subdivision b of section 11-274 of  the  adminis-
    24  trative code of the city of New York, as added by local law number 47 of
    25  the city of New York for the year 2008, is amended to read as follows:
    26    (5)  The  commission  may designate any area other than the area lying
    27  south of the center line of 96th Street in the borough of Manhattan  not
    28  including  Governor's  Island, to be a special commercial abatement area
    29  if it determines that market conditions in the area are  such  that  the
    30  availability  of  a  special abatement is required in order to encourage
    31  commercial construction work in such area. In making such determination,
    32  the commission shall consider, among other  factors,  the  existence  in
    33  such  area  of  a  special need for commercial and job development, high
    34  unemployment, economic distress or unusually large  numbers  of  vacant,
    35  underutilized,  unsuitable or substandard structures, or other substand-
    36  ard, unsanitary, deteriorated or deteriorating conditions, with or with-
    37  out tangible blight; provided that, however,  in  making  such  determi-
    38  nation  with  respect  to  Governor's  Island,  the temporary commercial
    39  incentive area boundary commission shall only be required  to  consider,
    40  among  other factors, whether such designation continues to be necessary
    41  to adequately promote  commercial  activity  on  Governor's  Island  the
    42  density  of  existing developments and the nature and purpose of planned
    43  developments on Governor's  Island,  and  the  development  of  emerging
    44  industries in the city.
    45    §  14.  Paragraph 3 of subdivision c of section 11-274 of the adminis-
    46  trative code of the city of New York, as added by local law number 47 of
    47  the city of New York for the year 2008, is amended to read as follows:
    48    (3) the area in the borough of Manhattan south of the center  line  of
    49  59th  street,  other  than the areas: (i) designated renovation areas by
    50  paragraphs (1) and (2) of this subdivision, or (ii) as of January first,
    51  two thousand twenty-six, Governor's Island.
    52    § 15. Subdivision d of section 11-274 of the  administrative  code  of
    53  the city of New York, as added by local law number 47 of the city of New
    54  York for the year 2008, is amended to read as follows:
    55    d.  Commercial  exclusion area. Except as provided in paragraph (6) of
    56  subdivision c of section 11-269 of this part, any area in the borough of

        S. 3005                            45                            A. 3005

     1  Manhattan lying south of the center line of 96th Street, other than: (1)
     2  the areas designated renovation areas by subdivision c of  this  section
     3  and (2) as of January first, two thousand twenty-six, Governor's Island,
     4  shall  be  a commercial exclusion area. Commercial construction projects
     5  in the commercial exclusion area shall not be eligible  to  receive  tax
     6  abatements pursuant to this part.
     7    § 16. This act shall take effect immediately, provided that: (i) para-
     8  graph 4 of subdivision c of section 11-270 of the administrative code of
     9  the  city  of  New  York,  as added by section nine of this act shall be
    10  deemed to have been in full force and effect as of  July  1,  2020,  and
    11  shall  apply  to  projects for which the first building permit is issued
    12  after July 1, 2020 or if no permit is required, for  which  construction
    13  commences after July 1, 2020; and (ii) paragraph (e) of subdivision 3 of
    14  section 489-cccccc of the real property tax law, as added by section one
    15  of  this  act, and paragraph 5 of subdivision c of section 11-270 of the
    16  administrative code of the city of New York, as added by section nine of
    17  this act, shall only apply to a project for  which  the  first  building
    18  permit  is issued on or after 90 days after this act takes effect, or if
    19  no permit is required, for which construction commences on or after such
    20  date.

    21                                   PART T

    22    Section 1.  Subdivision (a) of section 5004 of the civil practice  law
    23  and  rules, as amended by chapter 831 of the laws of 2021, is amended to
    24  read as follows:
    25    (a) [Interest shall be at the rate  of  nine  per  centum  per  annum,
    26  except  where  otherwise  provided by statute; provided] Notwithstanding
    27  any other provision of law or regulation to the contrary, including  any
    28  law  or regulation that limits the annual rate of interest to be paid on
    29  a judgment or accrued claim, the annual rate of interest to be paid on a
    30  judgment or accrued claim shall be calculated  at  the  one-year  United
    31  States  treasury  bill rate. For purposes of this section, the "one-year
    32  United States treasury bill rate"  means  the  weekly  average  one-year
    33  constant maturity treasury yield, as published by the board of governors
    34  of  the federal reserve system, for the calendar week preceding the date
    35  of the entry of the judgment awarding damages;  provided  however,  that
    36  this  section  shall  not  apply  to  any provision of the tax law which
    37  provides for the annual rate of interest to be paid  on  a  judgment  or
    38  accrued claim. Provided, however, the annual rate of interest to be paid
    39  in  an action arising out of a consumer debt where a natural person is a
    40  defendant shall be two per centum per annum (i) on a judgment or accrued
    41  claim for judgments entered on or after  the  effective  date  of  [the]
    42  chapter  eight hundred thirty-one of the laws of two thousand twenty-one
    43  [which amended this section], and (ii)  for  interest  upon  a  judgment
    44  pursuant to section five thousand three of this article from the date of
    45  the  entry  of  judgment  on  any  part of a judgment entered before the
    46  effective date of [the] chapter eight hundred thirty-one of the laws  of
    47  two  thousand  twenty-one [which amended this section] that is unpaid as
    48  of such effective date.
    49    § 2. Section 16 of the state finance law, as amended by chapter 681 of
    50  the laws of 1982, is amended to read as follows:
    51    § 16. Rate of interest on judgments and  accrued  claims  against  the
    52  state.    The rate of interest to be paid by the state upon any judgment
    53  or accrued claim against the state shall [not exceed nine per centum per
    54  annum] be calculated at the one-year United States treasury  bill  rate.

        S. 3005                            46                            A. 3005

     1  For  the  purposes of this section, the "one-year United States treasury
     2  bill rate" means the weekly average one-year constant maturity  treasury
     3  yield,  as  published  by  the board of governors of the federal reserve
     4  system,  for  the  calendar  week preceding the date of the entry of the
     5  judgment awarding damages. Provided however, that this section shall not
     6  apply to any provision of the tax law which provides for the annual rate
     7  of interest to be paid on a judgment or accrued claim.
     8    § 3. This act shall take effect immediately, and shall  be  deemed  to
     9  have been in full force and effect on and after April 1, 2025.

    10                                   PART U

    11    Section  1.  Section  167-a  of  the  civil service law, as amended by
    12  section 1 of part I of chapter 55 of the laws of  2012,  is  amended  to
    13  read as follows:
    14    § 167-a. Reimbursement for medicare premium charges. 1. Upon exclusion
    15  from  the  coverage  of the health benefit plan of supplementary medical
    16  insurance benefits for which an active or retired employee or a  depend-
    17  ent covered by the health benefit plan is or would be eligible under the
    18  federal  old-age,  survivors and disability insurance program, an amount
    19  equal to the standard medicare premium  charge  for  such  supplementary
    20  medical  insurance benefits for such active or retired employee and [his
    21  or her] such employee's dependents, if any, shall be paid monthly or  at
    22  other  intervals  to  such  active  or  retired employee from the health
    23  insurance fund. There shall be no payment for the income related monthly
    24  adjustment amount incurred on or after January first, two thousand twen-
    25  ty-five to any active or retired employee  and  such  employee's  depen-
    26  dents,  if any. Where appropriate, such standard medicare premium amount
    27  may be deducted from contributions payable by the  employee  or  retired
    28  employee; or where appropriate in the case of a retired employee receiv-
    29  ing a retirement allowance, such standard medicare premium amount may be
    30  included with payments of [his or her] such employee's retirement allow-
    31  ance.  All  state  employer,  employee,  retired  employee and dependent
    32  contributions to the health insurance fund, including contributions from
    33  public authorities, public benefit corporations  or  other  quasi-public
    34  organizations  of  the  state  eligible  for participation in the health
    35  benefit plan as authorized by subdivision two  of  section  one  hundred
    36  sixty-three of this article, shall be adjusted as necessary to cover the
    37  cost  of reimbursing federal old-age, survivors and disability insurance
    38  program premium charges under this section. This cost shall be  included
    39  in  the calculation of premium or subscription charges for health cover-
    40  age provided to employees and retired employees  of  the  state,  public
    41  authorities, public benefit corporations or other quasi-public organiza-
    42  tions  of  the  state; provided, however, the state, public authorities,
    43  public benefit corporations or other quasi-public organizations  of  the
    44  state  shall  remain  obligated  to  pay  no less than its share of such
    45  increased cost consistent with its  share  of  premium  or  subscription
    46  charges  provided  for by this article. All other employer contributions
    47  to the health insurance fund shall be adjusted as necessary  to  provide
    48  for such payments.
    49    2.  (a)  On  December  first,  two thousand twenty-six, the department
    50  shall provide a premium refund  to  eligible  state  retirees.  For  the
    51  purposes  of this section, "eligible state retirees" shall be defined as
    52  retirees who retired:
    53    (i) on or after January first, nineteen hundred eighty-three but prior
    54  to January first, two thousand twelve; and

        S. 3005                            47                            A. 3005

     1    (ii) on or after January first, two thousand twelve from a title allo-
     2  cated or equated to salary grade nine or below. The amount of the annual
     3  premium refund shall be fifty per centum of the amount reimbursed by the
     4  department to enrollees for income related  monthly  adjustment  amounts
     5  for supplementary medical insurance for calendar year two thousand twen-
     6  ty-four divided by the number of eligible state retirees.
     7    (b) On December first, two thousand twenty-seven and December first of
     8  each  year  thereafter,  the  department shall provide an annual premium
     9  refund to eligible state retirees. The amount of the refund shall be the
    10  premium refund provided in the prior  year  increased  by  the  rate  of
    11  change  for  the  most recent twelve-month period ending in September of
    12  that year in the consumer price index  for  all  urban  consumers  on  a
    13  national  and  seasonally unadjusted basis (CPI-U), or a successor index
    14  as calculated by the United States department of labor.
    15    § 2. This act shall take effect immediately and shall apply on January
    16  1, 2025 for the income related monthly adjustment amount incurred on  or
    17  after January 1, 2025.

    18                                   PART V

    19    Section  1.  Paragraph (b) of subdivision 5 of section 50 of the civil
    20  service law, as amended by section 1 of part EE of  chapter  55  of  the
    21  laws of 2023, is amended to read as follows:
    22    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    23  sion, the state civil service department, subject to the approval of the
    24  director of the budget, a municipal commission, subject to the  approval
    25  of  the  governing  board or body of the city or county, as the case may
    26  be, or a regional commission or personnel officer, pursuant  to  govern-
    27  mental  agreement,  may  elect  to waive application fees, or to abolish
    28  fees for specific classes of  positions  or  types  of  examinations  or
    29  candidates,  or  to  establish  a  uniform  schedule  of reasonable fees
    30  different from those prescribed in paragraph (a)  of  this  subdivision,
    31  specifying  in  such schedule the classes of positions or types of exam-
    32  inations or candidates to which such fees shall apply; provided,  howev-
    33  er,  that  fees  shall be waived for candidates who certify to the state
    34  civil service department, a municipal commission or a  regional  commis-
    35  sion  that they are unemployed and primarily responsible for the support
    36  of a household, or are receiving public  assistance.  Provided  further,
    37  the state civil service department shall waive the state application fee
    38  for  examinations  for  original  appointment for all veterans. Provided
    39  further, the state civil  service  department  shall,  and  a  municipal
    40  commission  may,  subject to the approval of the governing board or body
    41  of the city or county, as the case may be, or a regional  commission  or
    42  personnel officer, pursuant to governmental agreement, waive application
    43  fees  for all examinations held between July first, two thousand twenty-
    44  three and [December thirty-first, two thousand twenty-five] June thirti-
    45  eth, two thousand twenty-six.   Notwithstanding any other  provision  of
    46  law,  for  purposes  of  this  section,  the term "veteran" shall mean a
    47  person who has served in the armed forces of the United  States  or  the
    48  reserves thereof, or in the army national guard, air national guard, New
    49  York  guard,  or the New York naval militia, and who (1) has been honor-
    50  ably discharged or released from such  service  under  honorable  condi-
    51  tions,  or  (2) has a qualifying condition, as defined in section one of
    52  the veterans' services law, and has received a discharge other than  bad
    53  conduct  or  dishonorable from such service, or (3) is a discharged LGBT
    54  veteran, as defined in section one of the veterans'  services  law,  and

        S. 3005                            48                            A. 3005

     1  has  received  a  discharge  other than bad conduct or dishonorable from
     2  such service. The term "armed forces" shall mean  the  army,  navy,  air
     3  force, marine corps, and coast guard.
     4    §  2. Section 2 of part EE of chapter 55 of the laws of 2023, amending
     5  the civil service law relating to waiving state civil  service  examina-
     6  tion fees between July 1, 2023 and December 31, 2025, is amended to read
     7  as follows:
     8    §  2.  This  act shall take effect immediately and shall expire and be
     9  deemed repealed on [December 31, 2025] June 30, 2026; provided that this
    10  act shall be deemed to have been in full force and effect on  and  after
    11  April 1, 2023.
    12    §  3.  This act shall take effect immediately; provided, however, that
    13  the amendments to paragraph (b) of subdivision 5 of section  50  of  the
    14  civil  service  law made by section one of this act shall not affect the
    15  expiration of such subdivision and shall expire and be  deemed  repealed
    16  therewith.

    17                                   PART W

    18    Section  1.  Subdivision  2  section  200 of the state finance law, as
    19  amended by section 1 of part Q of chapter 55 of the  laws  of  2024,  is
    20  amended to read as follows:
    21    2.  Notwithstanding the provisions of subdivision one of this section,
    22  where the state and an employee organization representing state officers
    23  and employees who are in positions which are in  collective  negotiating
    24  units  established pursuant to article fourteen of the civil service law
    25  enter into an agreement providing for an alternative procedure  for  the
    26  payment  of salaries to such employees or where the director of employee
    27  relations shall authorize an alternative procedure for  the  payment  of
    28  salaries  to state officers or employees in the executive branch who are
    29  in positions which are not in collective negotiating units, such  alter-
    30  native procedure shall be implemented in lieu of the procedure specified
    31  in subdivision one of this section. [Notwithstanding any other provision
    32  of  law  to  the  contrary, where the state and an employee organization
    33  representing officers and employees in the executive branch who  are  in
    34  positions which are in collective negotiating units established pursuant
    35  to article fourteen of the civil service law enter into an agreement, or
    36  where  the  director  of employee relations shall authorize for officers
    37  and employees in the executive branch who are in positions which are not
    38  in collective negotiating units, the alternate procedure specified here-
    39  in shall be terminated for officers and employees hired on or after July
    40  first, two thousand twenty-five. The alternate procedure specified here-
    41  in shall also be terminated for: (i) nonjudicial officers and  employees
    42  of  the  unified court system hired on or after July first, two thousand
    43  twenty-five, if the chief administrator of the courts  so  elects;  (ii)
    44  employees of the senate hired on or after July first, two thousand twen-
    45  ty-five,  if  the  temporary  president  of  the senate so elects; (iii)
    46  employees of the assembly hired on or after  July  first,  two  thousand
    47  twenty-five,  if the speaker of the assembly so elects; and (iv) employ-
    48  ees of joint legislative employers hired on or  after  July  first,  two
    49  thousand  twenty-five,  if the temporary president of the senate and the
    50  speaker of the assembly mutually so elect for all such joint legislative
    51  employers. Any election made pursuant to paragraph (i), (ii), (iii),  or
    52  (iv)  of  this  subdivision shall be in writing and filed with the state
    53  comptroller not later than thirty  days  after  the  enactment  of  this
    54  legislation.]

        S. 3005                            49                            A. 3005

     1    §  2.  The state finance law is amended by adding a new section 210 to
     2  read as follows:
     3    § 210. Optional payment election.  Notwithstanding any other provision
     4  of  law to the contrary, where the state and  an  employee  organization
     5  representing  officers  and employees in the executive branch who are in
     6  positions which are in collective negotiating units established pursuant
     7  to article fourteen of the civil service law enter into an agreement, or
     8  where the director of employee relations shall  authorize  for  officers
     9  and employees in the executive branch who are in positions which are not
    10  in  collective  negotiating  units, new employees hired on or after July
    11  first, two  thousand  twenty-six,  may  elect  to  receive  an  optional
    12  payment, which shall be in an amount determined by such agreement or for
    13  officers  and  employees  in  the  executive branch who are in positions
    14  which are not in collective negotiating units, at a rate  to  be  deter-
    15  mined  by the director of the division of the budget. Such payment shall
    16  not be considered basic annual salary  and  shall  not  be  included  as
    17  compensation for retirement purposes. Such payment shall be recovered to
    18  the  state within the first fourteen pay periods after such payment. The
    19  payment specified   herein   shall   also   be implemented   for:    (a)
    20  nonjudicial  officers and employees of the unified court system hired on
    21  or after July first, two thousand twenty-six,  if the   chief   adminis-
    22  trator  of the courts so elects; (b) employees of the senate hired on or
    23  after July first, two thousand  twenty-six,  if  the temporary    presi-
    24  dent   of  the senate  so elects; (c) employees of the assembly hired on
    25  or after July first, two thousand twenty-six, if  the speaker   of   the
    26  assembly  so elects;  and  (d)  employees  of  joint legislative employ-
    27  ers  hired  on or  after  July  first,  two  thousand twenty-six, if the
    28  temporary  president of the senate and the speaker of the assembly mutu-
    29  ally so elect for all such joint  legislative  employers.  Any  election
    30  made pursuant to subdivision (a), (b), (c), or (d) of this section shall
    31  be in writing and filed with the state comptroller no later than Septem-
    32  ber thirtieth, two thousand twenty-five.
    33    §  3.  This act shall take effect July 1, 2025; provided however, that
    34  section one of this act shall take effect on the same date  and  in  the
    35  same  manner as section one of part Q of chapter 55 of the laws of 2024,
    36  takes effect.

    37                                   PART X

    38    Section 1. The state technology law is amended by adding a new section
    39  103-e to read as follows:
    40    § 103-e.  Cybersecurity awareness training.  1. (a)  Employees of  the
    41  state  who  use  technology as a part of their official job duties shall
    42  take annual cybersecurity awareness training  beginning  January  first,
    43  two  thousand  twenty-six.   Employees of the state shall be required to
    44  complete the training provided by the office.
    45    (b) For purposes of this  section,  "employees  of  the  state"  shall
    46  include  employees  of  all state agencies and all public benefit corpo-
    47  rations, the heads of which are appointed by the governor.
    48    2.  Employees of a county, a city, a town, or a village who use  tech-
    49  nology as a part of their official job duties shall take annual cyberse-
    50  curity  awareness training beginning January first, two thousand twenty-
    51  six. The office shall make a cybersecurity training available for use by
    52  a county, a city, a town, or a village at no charge, but  such  training
    53  shall  not  be  the exclusive means for meeting the requirements of this
    54  section.

        S. 3005                            50                            A. 3005

     1    § 2.  This act shall take effect immediately.

     2                                   PART Y

     3    Section  1.  Section  2  of  part F of chapter 60 of the laws of 2015,
     4  constituting the  infrastructure  investment  act,  subdivision  (a)  as
     5  amended  and subdivision (g) as added by section 1 of part AA of chapter
     6  58 the laws of 2022, is amended to read as follows:
     7    § 2. For the purposes of this act:  (a) (i) "authorized state  entity"
     8  shall  mean  the  New  York  state  thruway authority, the department of
     9  transportation, the office of parks, recreation and  historic  preserva-
    10  tion,  the  department of environmental conservation, the New York state
    11  bridge authority, the office of general services, the dormitory authori-
    12  ty, the urban development corporation, the state university construction
    13  fund, the state university of New York as defined in  subdivision  3  of
    14  section 352 of the education law, the city university construction fund,
    15  the  New  York  state  Olympic  regional  development  authority and the
    16  battery park city authority.
    17    (ii) Notwithstanding the provisions of subdivision 26 of section  1678
    18  of  the  public  authorities law, section 8 of the public buildings law,
    19  sections 8 and 9 of section 1 of chapter 359 of  the  laws  of  1968  as
    20  amended, section 103 of the general municipal law, and the provisions of
    21  any  other law to the contrary, the term "authorized state entity" shall
    22  also refer to only those agencies or authorities identified below solely
    23  in connection with the following authorized projects, provided that such
    24  an authorized state entity may utilize the alternative delivery [method]
    25  methods referred to as design-build contracts or construction manager as
    26  constructor contracts solely in connection with the following authorized
    27  projects should the total cost of each such project  not  be  less  than
    28  five million dollars($5,000,000):

    29      Authorized Projects                     Authorized State Entity

    30  1.  Frontier Town                        Urban Development Corporation

    31  2.  Life Sciences Laboratory             Dormitory Authority & Urban
    32                                           Development Corporation

    33  3.  Whiteface Transformative Projects    New York State Olympic Regional
    34                                           Development Authority

    35  4.  Gore Transformative Projects         New York State Olympic Regional
    36                                           Development Authority
    37  5.  Belleayre Transformative Projects    New York State Olympic Regional
    38                                           Development Authority
    39  6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional
    40      Projects                             Development Authority
    41  7.  Olympic Training Center              New York State Olympic Regional
    42                                           Development Authority
    43  8.  Olympic Arena and Convention         New York State Olympic Regional
    44      Center Complex                       Development Authority
    45  9.  State Fair Revitalization            Office of General
    46      Projects                             Services
    47  10. State Police Forensic                Office of General
    48      Laboratory                           Services

        S. 3005                            51                            A. 3005

     1    Notwithstanding  any  provision  of law to the contrary, all rights or
     2  benefits, including terms and conditions of employment,  and  protection
     3  of  civil  service  and  collective  bargaining  status  of all existing
     4  employees of authorized state entities shall be preserved and protected.
     5  Nothing  in  this  section  shall result in the: (1) displacement of any
     6  currently  employed  worker  or  loss  of  position  (including  partial
     7  displacement  such  as  a  reduction  in the hours of non-overtime work,
     8  wages, or employment benefits) or result in the impairment  of  existing
     9  collective  bargaining  agreements;  (2) transfer of existing duties and
    10  functions related to maintenance and operations currently  performed  by
    11  existing employees of authorized state entities to a contracting entity;
    12  or  (3)  transfer of future duties and functions ordinarily performed by
    13  employees of authorized state entities to the contracting entity.  Noth-
    14  ing  contained  herein  shall  be  construed  to affect (A) the existing
    15  rights of employees pursuant to an existing collective bargaining agree-
    16  ment, and (B) the existing representational relationships among employee
    17  organizations or the bargaining relationships between the  employer  and
    18  an employee organization.
    19    If otherwise applicable, authorized projects undertaken by the author-
    20  ized   state  entities  listed  above  solely  in  connection  with  the
    21  provisions of this act shall be subject to  section  135  of  the  state
    22  finance  law,  section 101 of the general municipal law, and section 222
    23  of the labor law; provided, however, that an authorized state entity may
    24  fulfill its obligations under section 135 of the state  finance  law  or
    25  section  101 of the general municipal law by requiring the contractor to
    26  prepare separate specifications in accordance with section  135  of  the
    27  state  finance  law  or section 101 of the general municipal law, as the
    28  case may be. Provided further, that authorized  projects  with  a  total
    29  construction   cost   of  not  less  than  twenty-five  million  dollars
    30  ($25,000,000) undertaken by the authorized state entities  listed  above
    31  solely  in  connection  with  the  provisions  of this act shall only be
    32  undertaken pursuant to a project  labor  agreement  in  accordance  with
    33  section  222  of  the  labor  law.  If  a project labor agreement is not
    34  performed on the authorized project, the authorized state  entity  shall
    35  not  utilize  a  design-build  or  construction  manager  as constructor
    36  contract for such project. Prior to utilizing the  alternative  delivery
    37  [method]  methods referred to as design-build or construction manager as
    38  constructor contracts for the authorized projects listed in this subpar-
    39  agraph with a total construction cost of less than  twenty-five  million
    40  dollars  ($25,000,000), the authorized state entities listed above shall
    41  conduct a feasibility study in accordance with section 222 of the  labor
    42  law.
    43    (b)  "best  value"  shall  mean  the  basis for awarding contracts for
    44  services to the offerer that  optimize  quality,  cost  and  efficiency,
    45  price  and  performance  criteria, which may include, but is not limited
    46  to:
    47    1. The quality of the contractor's performance on previous projects;
    48    2.  The  timeliness  of  the  contractor's  performance  on   previous
    49  projects;
    50    3.  The  level of customer satisfaction with the contractor's perform-
    51  ance on previous projects;
    52    4. The contractor's record of performing previous projects  on  budget
    53  and ability to minimize cost overruns;
    54    5. The contractor's ability to limit change orders;
    55    6. The contractor's ability to prepare appropriate project plans;
    56    7. The contractor's technical capacities;

        S. 3005                            52                            A. 3005

     1    8. The individual qualifications of the contractor's key personnel;
     2    9.  The  contractor's  ability  to assess and manage risk and minimize
     3  risk impact; and
     4    10. The contractor's past record of compliance with  article  15-A  of
     5  the executive law.
     6    Such  basis  shall reflect, wherever possible, objective and quantifi-
     7  able analysis.
     8    (c) "capital project" shall have the same  meaning  as  such  term  is
     9  defined by subdivision 2-a of section 2 of the state finance law.
    10    (d)  "construction  manager  as constructor contract" means a contract
    11  implementing a project delivery method whereby a construction manager:
    12    (i) is retained by the owner at the time of the design  phase  and  is
    13  responsible for working collaboratively as part of a team in conjunction
    14  with the owner and owner's separately retained design firm;
    15    (ii)  is  responsible  for  developing  and providing the owner with a
    16  proposed guaranteed maximum price to construct the project in accordance
    17  with the design and pursuant to subdivision (a) of section  thirteen  of
    18  this part;
    19    (iii)  during  the construction phase, is responsible for the services
    20  of the construction manager  and  general  contractor  for  agreed  upon
    21  compensation  as  set  forth  in the construction manager as constructor
    22  contract; and
    23    (iv) assumes the responsibility for construction, the period  of  time
    24  for  performance,  and  the  costs  exceeding an amount specified in the
    25  construction manager as constructor contract.
    26    (e) "cost plus" shall mean compensating a contractor for the  cost  to
    27  complete a contract by reimbursing actual costs for labor, equipment and
    28  materials plus an additional amount for overhead and profit.
    29    [(e)] (f) "design-build contract" shall mean a contract for the design
    30  and  construction  of  a capital project with a single entity, including
    31  progressive design-build, which may be  a  team  comprised  of  separate
    32  entities.
    33    [(f)]  (g)  "procurement  record" means documentation of the decisions
    34  made and the approach taken in the procurement process.
    35    [(g)] (h) "project labor agreement" shall have the meaning  set  forth
    36  in subdivision 1 of section 222 of the labor law. A project labor agree-
    37  ment shall require participation in apprentice training programs.
    38    § 2. Section 3 of part F of chapter 60 of the laws of 2015, constitut-
    39  ing  the  infrastructure investment act, as amended by section 2 of part
    40  AA of chapter 58 of the laws of 2022, is amended to read as follows:
    41    § 3. Notwithstanding the provisions of section 38 of the highway  law,
    42  [section] sections 136-a and 163 of the state finance law, sections 359,
    43  1678,  1680  and  1680-a  of  the  public authorities law, sections 376,
    44  407-a, 6281 and 7210 of the education law,  sections  8  and  9  of  the
    45  public  buildings law, section 103 of the general municipal law, and the
    46  provisions of any other law to the contrary, and in conformity with  the
    47  requirements  of  this  act,  an authorized state entity may utilize the
    48  alternative delivery [method] methods referred  to  as  design-build  or
    49  construction  manager  as  constructor  contracts,  in consultation with
    50  relevant local labor organizations  and  construction  industry,  unless
    51  otherwise  provided  below,  for  capital  projects located in the state
    52  related to physical infrastructure, including, but not limited to, high-
    53  ways, bridges, buildings and appurtenant structures, dams, flood control
    54  projects, canals, and parks, including, but not limited  to,  to  repair
    55  damage caused by natural disaster, to correct health and safety defects,
    56  to  comply  with  federal and state laws, standards, and regulations, to

        S. 3005                            53                            A. 3005

     1  extend the useful life of or replace highways,  bridges,  buildings  and
     2  appurtenant  structures, dams, flood control projects, canals, and parks
     3  or to improve or add to highways,  bridges,  buildings  and  appurtenant
     4  structures,  dams,  flood  control projects, canals, and parks; provided
     5  that for the contracts executed by the department of transportation, the
     6  office of parks, recreation and historic preservation, or the department
     7  of environmental conservation, the total cost of each such project shall
     8  not be less than ten million  dollars  ($10,000,000).  Provided  further
     9  that authorized state entities may only utilize the alternative delivery
    10  [method]  methods referred to as design-build or construction manager as
    11  constructor contracts on projects with a total construction cost of  not
    12  less than twenty-five million dollars ($25,000,000) if undertaken pursu-
    13  ant  to  a project labor agreement in accordance with section 222 of the
    14  labor law. If a project labor agreement is not performed on  [the]  such
    15  project, the authorized state entity shall not utilize a design-build or
    16  construction  manager  as constructor contract for such project. The use
    17  of a project labor agreement on a   federal aid  project  shall  not  be
    18  required  where  the federal government  prohibits or disapproves of the
    19  use of a project labor agreement on such a federal aided  project. Prior
    20  to utilizing the alternative delivery [method] methods  referred  to  as
    21  design-build  or  construction  manager  as  constructor  contracts  for
    22  projects with a total construction cost of less than twenty-five million
    23  dollars ($25,000,000), authorized state entities shall conduct a  feasi-
    24  bility study in accordance with section 222 of the labor law.
    25    § 3. Section 4 of part F of chapter 60 of the laws of 2015, constitut-
    26  ing  the  infrastructure investment act, as amended by section 4 of part
    27  RRR of chapter 59 of the laws of 2017, the opening paragraph and  subdi-
    28  vision  (a) as amended by section 2 of part DD of chapter 58 of the laws
    29  of 2020, is amended to read as follows:
    30    § 4. An entity selected by an authorized state entity to enter into  a
    31  design-build  or  construction  manager as constructor contract shall be
    32  selected through a one or two-step method, as follows:
    33    (a) Step one. Generation of a list of entities that have  demonstrated
    34  the  general  capability  to  perform  the  design-build or construction
    35  manager as constructor contract.  Such list shall consist of a specified
    36  number of entities, as determined by an  authorized  state  entity,  and
    37  shall  be  generated  based upon the authorized state entity's review of
    38  responses to a  publicly  advertised  request  for  qualifications.  The
    39  authorized  state  entity's  request  for qualifications shall include a
    40  general description of the project, the maximum number of entities to be
    41  included on the list, the selection criteria to be used and the relative
    42  weight of each criteria in generating the list. Such selection  criteria
    43  shall  include  the qualifications and experience, as applicable, of the
    44  construction management, design [and] and/or construction [team]  teams,
    45  organization,  demonstrated  responsibility, ability of the team or of a
    46  member or members of the team to comply  with  applicable  requirements,
    47  including  the  provisions of articles 145, 147 and 148 of the education
    48  law, past record of compliance with the labor law, and such other quali-
    49  fications the  authorized  state  entity  deems  appropriate  which  may
    50  include but are not limited to project understanding, financial capabil-
    51  ity  and  record  of past performance. The authorized state entity shall
    52  evaluate and rate all entities responding to the request for  qualifica-
    53  tions.   Based upon such ratings, the authorized state entity shall list
    54  the entities that shall receive a request for  proposals  in  accordance
    55  with  subdivision  (b)  of this section.   To the extent consistent with
    56  applicable federal law, the authorized state entity shall consider, when

        S. 3005                            54                            A. 3005

     1  awarding any contract pursuant to this section,  the  participation  of:
     2  (i)  firms  certified  pursuant  to article 15-A of the executive law as
     3  minority or women-owned businesses and the ability of  other  businesses
     4  under  consideration to work with minority and women-owned businesses so
     5  as to promote and assist participation by such  businesses;  [and]  (ii)
     6  small  business  concerns  identified  pursuant  to  subdivision  (b) of
     7  section 139-g of the state finance law and (iii) firms certified  pursu-
     8  ant  to  article  17-B of the executive law as service-disabled veteran-
     9  owned businesses and the ability of other businesses under consideration
    10  to work with service-disabled veteran-owned businesses so as to  promote
    11  and assist participation by such businesses.
    12    (b) Step two. Selection of the proposal which is the best value to the
    13  authorized  state  entity.    The  authorized state entity shall issue a
    14  request for proposals to the entities listed pursuant to subdivision (a)
    15  of this section.  If such an entity consists of a team of separate enti-
    16  ties, the entities that comprise such a team must remain unchanged  from
    17  the  entity as listed pursuant to subdivision (a) of this section unless
    18  otherwise approved by the  authorized  state  entity.  The  request  for
    19  proposals  shall  set  forth  the  project's  scope  of  work, and other
    20  requirements, as determined by the authorized state entity.  The request
    21  for proposals shall specify the criteria to  be  used  to  evaluate  the
    22  responses  and the relative weight of each such criteria.  Such criteria
    23  shall include, as applicable, the proposal's cost, the  quality  of  the
    24  proposal's  solution,  the  qualifications and experience of the design-
    25  build or construction manager as constructor entity, and  other  factors
    26  deemed  pertinent by the authorized state entity, which may include, but
    27  shall not be limited to, the proposal's project implementation,  ability
    28  to  complete  the  work in a timely and satisfactory manner, maintenance
    29  costs of the completed project, maintenance  of  traffic  approach,  and
    30  community  impact.  Any  contract  awarded pursuant to this act shall be
    31  awarded  to  a  responsive  and  responsible  entity  that  submits  the
    32  proposal,  which, in consideration of these and other specified criteria
    33  deemed pertinent to the project, offers the best value to the authorized
    34  state entity, as determined by the authorized state entity.  The request
    35  for proposals shall include a statement that entities shall designate in
    36  writing those portions of the proposal that  contain  trade  secrets  or
    37  other  proprietary information that are to remain confidential; that the
    38  material designated as confidential shall be readily separable from  the
    39  entity's  proposal.    Nothing herein shall be construed to prohibit the
    40  authorized entity from negotiating final contract terms  and  conditions
    41  including cost. All proposals submitted shall be scored according to the
    42  criteria listed in the request for proposals and such final scores shall
    43  be published on the authorized state entity's website.
    44    §  4.  Section 11 of part F of chapter 60 of the laws of 2015, consti-
    45  tuting the infrastructure investment act, is amended to read as follows:
    46    § 11. The submission of a proposal or responses or the execution of  a
    47  design-build or construction manager as constructor contract pursuant to
    48  this act shall not be construed to be a violation of section 6512 of the
    49  education law.
    50    § 5. Subdivision (a) of section 13 of part F of chapter 60 of the laws
    51  of  2015,  constituting the infrastructure investment act, as amended by
    52  section 11 of part RRR of chapter 59 of the laws of 2017 and paragraph 3
    53  as amended by section 4 of part DD of chapter 58 of the laws of 2020, is
    54  amended to read as follows:
    55    (a) Notwithstanding the provisions of any other law to  the  contrary,
    56  the authorized state entity may award a [construction] contract[:

        S. 3005                            55                            A. 3005

     1    1.  To]  to  the  design-build  contractor  or construction manager as
     2  constructor contractor [offering]:
     3    1. Offering the best value; or
     4    2.  Utilizing  a cost-plus not to exceed guaranteed maximum price form
     5  of contract in which the authorized state entity shall  be  entitled  to
     6  monitor  and  audit  all project costs. In establishing the schedule and
     7  process for determining a guaranteed maximum price, the contract between
     8  the  authorized  state  entity  and  the  design-build   contractor   or
     9  construction manager as constructor contractor shall:
    10    (i)  describe  the  scope  of the work and the cost of performing such
    11  work;
    12    (ii) include a detailed line item cost breakdown;
    13    (iii) include a list of all drawings, specifications and other  infor-
    14  mation on which the guaranteed maximum price is based;
    15    (iv)  include  the dates for substantial and final completion on which
    16  the guaranteed maximum price is based; and
    17    (v) include a schedule of unit prices; or
    18    3. [(i)] Utilizing a lump  sum  contract  in  which  the  design-build
    19  contractor  or  construction manager as constructor contractor agrees to
    20  accept a set dollar amount for a contract which comprises a  single  bid
    21  without  providing a cost breakdown for all costs such as for equipment,
    22  labor, materials, as well as such contractor's profit for completing all
    23  items of work comprising the project, which lump sum price may be  nego-
    24  tiated  and  established  by  the  authorized  state  entity  based on a
    25  proposed guaranteed maximum price[.]; or
    26    [(ii) The design-build contract may include] 4. utilizing  a  contract
    27  that includes both lump sum elements and cost-plus not to exceed guaran-
    28  teed  maximum  price elements [and], which contract may also provide for
    29  professional services on a fee-for-service basis.
    30    § 6.  Section 14 of part F of chapter 60 of the laws of 2015,  consti-
    31  tuting the infrastructure investment act, is amended to read as follows:
    32    §   14.   Prequalified  contractors.  (a)  Notwithstanding  any  other
    33  provision of law, the authorized state entity [may maintain  a  list  of
    34  prequalified  contractors who are eligible to submit a proposal pursuant
    35  to this act and entry into such list shall  be  continuously  available]
    36  when  awarding  any  contract  for  public work may establish guidelines
    37  governing the qualifications of contractors seeking to bid,  propose  or
    38  enter into such contract. Prospective contractors may be prequalified as
    39  contractors  to  provide particular types of construction, in accordance
    40  with general criteria established by the authorized state  entity  which
    41  may  include, but shall not be limited to, the experience, past perform-
    42  ance, ability to undertake the type and complexity  of  work,  financial
    43  capability, responsibility, compliance with equal employment opportunity
    44  requirements   and   anti-discrimination  laws,  and  reliability.  Such
    45  prequalification  may  be  by  categories  designed  by   size,   value,
    46  geography,  and  other factors. If the authorized state entity maintains
    47  an appropriate list of qualified  contractors,  the  contract  shall  be
    48  awarded  consistent  with guidelines established by the authorized state
    49  entity.
    50    (b) The authorized state entity shall, not less than annually, publish
    51  in a newspaper of general circulation or post  in  the  New  York  State
    52  Contract Reporter an advertisement requesting prospective contractors to
    53  submit  qualification statements. Lists of pre-qualified contractors may
    54  be established on a project-specific basis.  Pre-qualified  lists  shall
    55  include  all  contractors that qualify; provided, however, that any such
    56  list shall have no less than five bidders. A contractor  who  is  denied

        S. 3005                            56                            A. 3005

     1  prequalification  or  whose  prequalification is revoked or suspended by
     2  the authorized state entity may appeal such decision to  the  authorized
     3  state  entity.  If such a suspension extends for more than three months,
     4  it  shall be deemed a revocation of the prequalification. The authorized
     5  state entity may proceed with the contract award during any appeal.
     6    § 7. Section 15-b of part F of chapter 60 of the laws of 2015, consti-
     7  tuting the infrastructure investment act, as added by section 5 of  part
     8  DD of chapter 58 of the laws of 2020, is amended to read as follows:
     9    §  15-b. Public employees as defined by paragraph (a) of subdivision 7
    10  of section 201 of the civil service law and who are employed by  author-
    11  ized entities as defined in paragraph (i) of subdivision (a) of  section
    12  two  of  this  act  shall  examine and review certifications provided by
    13  contractors for conformance with material source testing, certifications
    14  testing, surveying, monitoring of environmental compliance,  independent
    15  quality  control  testing  and  inspection and quality assurance audits.
    16  Performance by authorized entities  of  any  review  described  in  this
    17  subdivision shall not be construed to modify or limit contractors' obli-
    18  gations  to  perform  work  in  strict  accordance  with  the applicable
    19  design-build or construction manager as  constructor  contracts  or  the
    20  contractors' or any subcontractors' obligations or liabilities under any
    21  law.
    22    §  8.  Section 16 of part F of chapter 60 of the laws of 2015, consti-
    23  tuting the infrastructure investment act, as amended  by  section  6  of
    24  part  DD  of  chapter  58  of  the  laws  of 2020, is amended to read as
    25  follows:
    26    § 16. A report shall be submitted on or no later than  June  30,  2021
    27  and annually thereafter, to the governor, the temporary president of the
    28  senate  and  the speaker of the assembly by the New York state office of
    29  general services on behalf of authorized entities defined  in  paragraph
    30  (i) of subdivision (a) of section two of this act containing information
    31  on  each authorized state entity that has entered into a design-build or
    32  construction manager as constructor contract pursuant to this act, which
    33  shall include, but not  be  limited  to,  a  description  of  each  such
    34  design-build  or  construction manager as constructor contract, informa-
    35  tion regarding the procurement process for  each  such  design-build  or
    36  construction manager as constructor project, including the list of qual-
    37  ified  bidders,  the  total  cost  of  each design-build or construction
    38  manager as constructor project, an explanation of the estimated cost and
    39  schedule savings of each project, an explanation of how the savings were
    40  determined, the participation rate and total dollar value  of  minority-
    41  and  women-owned business enterprises and service-disabled veteran-owned
    42  businesses, and whether a project  labor  agreement  was  used,  and  if
    43  applicable,  the justification for using a project labor agreement. Such
    44  report shall also be posted on the website of the New York state  office
    45  of general services for public review.
    46    §  9.  This act shall take effect immediately; provided, however, that
    47  the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
    48  sections  one,  two, three, four, five, six, seven and eight of this act
    49  shall not affect the repeal of such part and shall  be  deemed  repealed
    50  therewith.

    51                                   PART Z

    52    Section 1. Section 13-a of chapter 749 of the laws of 2019, constitut-
    53  ing  the  New York city public works investment act, as added by chapter
    54  534 of the laws of 2024, is amended to read as follows:

        S. 3005                            57                            A. 3005

     1    § 13-a. (a)  For purposes of this section:
     2    [(1)] "Construction manager build" shall mean a project delivery meth-
     3  od whereby a construction manager:
     4    (i)  serves  as  part  of  a team in conjunction with the owner in the
     5  design phase of the project;
     6    (ii) under the oversight of the owner, acts as the  single  source  of
     7  responsibility  to bid, select and hold construction contracts on behalf
     8  of the owner during the construction phase; and
     9    (iii) manages the construction project on behalf of the owner.
    10    [(2) "Department" shall mean the New York city  department  of  design
    11  and construction.]
    12    (b) This section may only be applied to:
    13    (1) Design-build contracts solicited by [the department] an authorized
    14  entity  that  have  an  estimated  cost  of  not  less  than ten million
    15  dollars[,] and are undertaken pursuant to a project labor  agreement  in
    16  accordance  with  section 222 of the labor law [and in connection with a
    17  project that is primarily related to:
    18    (i) water or sewer  infrastructure,  and  primarily  consists  of  the
    19  replacement  of  existing, or installation of new, water mains or sewers
    20  or the installation of assets to manage stormwater flow, or  a  combina-
    21  tion of the foregoing; or
    22    (ii)  coastal  resiliency,  and    primarily  consists of flood walls,
    23  deployable gates, the relocation or protection of  existing  infrastruc-
    24  ture from flooding, or a combination of the foregoing]; or
    25    (2) Construction manager build contracts solicited by [the department]
    26  an  authorized  entity that have an estimated cost of not less than five
    27  million dollars[,] and are undertaken pursuant to a project labor agree-
    28  ment in accordance with section 222 of the labor law [and in  connection
    29  with a project for the construction or renovation of a cultural institu-
    30  tion  located  on publicly owned real property on behalf of the New York
    31  city department of cultural affairs or a public library in the  city  of
    32  New York].
    33    (c) Notwithstanding any general, special, or local law, rule, or regu-
    34  lation  to  the  contrary,  a contractor selected by [the department] an
    35  authorized entity to enter into a construction  manager  build  contract
    36  pursuant  to  this section shall be selected through the two-step method
    37  described in subdivision (a) of section four of this act.  The  [depart-
    38  ment]  authorized  entity  may  use the types of contracts identified in
    39  subdivision (b) of section four of this act for contracts procured using
    40  the construction manager build delivery method.
    41    (d) Where [the department] an authorized entity determines in  writing
    42  that it is in the best interest of the public to solicit proposals using
    43  the  design-build  contract delivery method in connection with a project
    44  that meets the criteria set forth in paragraph one of subdivision (b) of
    45  this section, without generating a list  pursuant  to  the  process  set
    46  forth  in  paragraph one of subdivision (a) of section four of this act,
    47  [the department] such authorized  entity  shall  release,  evaluate  and
    48  score  a  request  for  proposals pursuant to the procedure set forth in
    49  subdivision (e) of this section. To the extent consistent with  applica-
    50  ble federal law, [the department] such authorized entity shall consider,
    51  when  soliciting  proposals  and  awarding any contract pursuant to this
    52  section, the participation of (i) entities that are certified as minori-
    53  ty- or women-owned business enterprises pursuant to article fifteen-A of
    54  the executive law, or certified pursuant to local law  as  minority-  or
    55  women-owned business enterprises, and (ii) small business concerns iden-
    56  tified  pursuant to subdivision (b) of section one hundred thirty-nine-g

        S. 3005                            58                            A. 3005

     1  of the state finance law. In addition, nothing in this section shall  be
     2  deemed  to  supersede  any  pre-qualification guidelines or requirements
     3  otherwise authorized by law for [the department] such authorized entity.
     4    (e)  The request for proposals shall set forth the public work's scope
     5  of work, and other  requirements,  as  determined  by  the  [department]
     6  authorized  entity,  which may include separate goals for work under the
     7  contract to be performed by businesses certified as minority- or  women-
     8  owned  business  enterprises pursuant to article fifteen-A of the execu-
     9  tive law or certified pursuant to local law as minority- or  women-owned
    10  business  enterprises.  The request for proposals shall also specify the
    11  criteria to be used to evaluate the responses and the relative weight of
    12  each of such criteria. Such criteria shall include the proposal's  cost,
    13  the  quality  of the proposal's solution, the qualifications and experi-
    14  ence of the proposer, and other factors deemed pertinent by the [depart-
    15  ment] authorized entity, which may include, but shall not be limited to,
    16  the proposal's  manner  and  schedule  of  project  implementation,  the
    17  proposer's  ability  to  complete  the work in a timely and satisfactory
    18  manner, maintenance costs of the completed public work,  maintenance  of
    19  traffic  approach, and community impact.  A contract awarded pursuant to
    20  this section shall be awarded to a responsive and responsible  proposer,
    21  which,  in  consideration  of  these and other specified criteria deemed
    22  pertinent, offers the best value,  as  determined  by  the  [department]
    23  authorized  entity.  The  [department]  authorized  entity may engage in
    24  negotiations or other discussions with all qualified proposers that have
    25  expressed interest in response to the  request  for  proposals  released
    26  pursuant to subdivision (d) of this section, provided that such [depart-
    27  ment]  authorized  entity  maintains  a written record of the conduct of
    28  negotiations or discussions and the basis  for  every  determination  to
    29  continue  or  suspend negotiations, and, provided, further, that if such
    30  [department] authorized entity determines for a particular  contract  or
    31  for a particular type of contract that it is in the best interest of the
    32  public  to  negotiate or enter into discussions with fewer proposers, it
    33  shall make such a determination in writing. If such [department] author-
    34  ized entity enters into such negotiations, such [department]  authorized
    35  entity  shall allow all proposers to revise their proposals upon conclu-
    36  sion of negotiations, and shall  evaluate  any  such  revised  proposals
    37  using  the  criteria included in the request for proposals.  The request
    38  for proposals shall  include a statement that proposers shall  designate
    39  in  writing those portions of the proposal that contain trade secrets or
    40  other proprietary information that are to remain confidential; that  the
    41  material  designated as confidential shall be readily separable from the
    42  proposal.  Nothing in this section shall be construed  to  prohibit  the
    43  authorized  entity  from negotiating final contract terms and conditions
    44  including cost.  All proposals submitted shall be  scored  according  to
    45  the  criteria  listed  in the   request   for   proposals and such final
    46  scores shall be published  on  the  authorized  entity's  website  after
    47  registration  of such  contract or the date upon which such contract may
    48  be implemented, if registration requirements do not apply.
    49    (f) The reporting requirement set forth in section  thirteen  of  this
    50  act shall apply to contracts procured pursuant to this section, provided
    51  that the requirement that such report include a list of responding enti-
    52  ties  shall  not apply to any contract where no such list was generated.
    53  Such report shall include a description of the scope of  work  for  each
    54  project,  whether  the  project  used the design-build   or construction
    55  manager build method as described in subdivision (b)  of  this  section,
    56  the  percentage  of alternative project delivery contracts that used the

        S. 3005                            59                            A. 3005

     1  methods described in subdivision  (b)  of  this  section,  the  type  of
     2  contract  described  in subdivision (b) of section four of this act that
     3  was used  to  procure  the  project,  information  regarding  the  total
     4  contract  price upon contract award, the total contract price upon final
     5  completion  of  the  project,  the  [department's]  authorized  entity's
     6  initial  projected  estimate  of the cost of the project and the partic-
     7  ipation rate of and total dollar value of monies paid to  minority-  and
     8  women-owned  business  enterprises  and  small  business  concerns under
     9  alternative project delivery contracts.
    10    § 2. This act shall take effect immediately;  provided  however,  that
    11  the amendments to chapter 749 of the laws of 2019 made by section one of
    12  this  act shall not affect the expiration and repeal of such chapter and
    13  shall be deemed repealed therewith.

    14                                   PART AA

    15    Section 1. Subdivision 2 of section 13-b of the workers'  compensation
    16  law is amended by adding a new paragraph (b-2) to read as follows:
    17    (b-2)  Under  the supervision of any authorized provider, any resident
    18  or fellow who may practice medicine as an exempt person as provided  for
    19  in  title eight of the education law, may render medical care under this
    20  chapter so long as the supervisory requirements of the education law are
    21  met and neither the supervising provider nor  resident  or  fellow  have
    22  been  prohibited  from treating workers' compensation claimants pursuant
    23  to section thirteen-d of this article.
    24    § 2. This act shall take effect immediately.

    25                                   PART BB

    26    Section 1. Section 13-a of the workers' compensation law, as added  by
    27  chapter 258 of the laws of 1935, subdivision 1 as amended by chapter 363
    28  of the laws of 1989, subdivision 2 as amended by chapter 113 of the laws
    29  of  1946,  subdivision  4 as amended by chapter 473 of the laws of 2000,
    30  subdivisions 5 and 6 as amended by section 8 of part CC of chapter 55 of
    31  the laws of 2019, and subdivision 7 as added by chapter 6 of the laws of
    32  2007, is amended to read as follows:
    33    § 13-a.  Selection of authorized [physician] provider by employee. (1)
    34  An injured employee may, when care is required, select to treat [him  or
    35  her]  them  any  [physician]  provider authorized by the chair to render
    36  medical care, as hereafter provided. If for any reason during the period
    37  when medical treatment and care is  required,  the  employee  wishes  to
    38  transfer  [his  or  her]  their treatment and care to another authorized
    39  [physician] provider, [he or she] they may do  so,  in  accordance  with
    40  rules  prescribed by the chair. In such instance the remuneration of the
    41  [physician] provider whose services are being dispensed  with  shall  be
    42  limited to the value of treatment rendered at fees as established in the
    43  schedule  for  [his  or  her]  their  location, unless payment in higher
    44  amounts has been approved as authorized in [section thirteen, paragraph]
    45  subdivision a of section thirteen of this article.  If a claimant  shall
    46  receive treatment in any hospital or other institution operated in whole
    47  or  in  part  by the state of New York, the employer shall be liable for
    48  food, clothing and maintenance furnished by the hospital or other insti-
    49  tution to such employee. If the employee is unable due to the nature  of
    50  the  injury to select such authorized [physician] provider and the emer-
    51  gency nature of the injury  requires  immediate  medical  treatment  and
    52  care,  or if [he or she does] they do not desire to select a [physician]

        S. 3005                            60                            A. 3005

     1  provider, and in writing so advises the  employer,  the  employer  shall
     2  promptly  provide  [him  or  her]  them with the necessary medical care,
     3  provided however, that nothing herein contained shall operate to prevent
     4  such  employee,  when  subsequently  able  to  do so, from selecting for
     5  continuance of any medical treatment or care required,  any  [physician]
     6  provider  authorized  by the chair to render medical care as hereinafter
     7  provided.
     8    (2) The [chairman] chair shall prescribe the form of a notice  inform-
     9  ing  employees  of  their  privilege under this chapter, and such notice
    10  shall be posted and maintained by the employer in a conspicuous place or
    11  places in and about [his] their place or places of business.
    12    (3) The employer shall have the right  to  transfer  the  care  of  an
    13  injured employee from the attending [physician] provider, whether chosen
    14  originally  by  the  employee  or by the employer, to another authorized
    15  [physician] provider (1) if the interest of the injured employee  neces-
    16  sitates the transfer or (2) if the [physician has not been authorized to
    17  treat injured employees under this act or (3) if he has not been author-
    18  ized  under  this  act  to  treat  the particular injury or condition as
    19  provided by section thirteen-b (2)] provider is currently placed on  the
    20  exclusion  list.  An  authorized [physician] provider from whom the case
    21  has been transferred shall have the right of appeal  to  an  arbitration
    22  committee  as  provided in subdivision two of section thirteen-g of this
    23  article and if said arbitration committee finds that  the  transfer  was
    24  not  authorized  by this section, said employer shall pay to the [physi-
    25  cian] provider a sum equal to the total fee earned  by  the  [physician]
    26  provider  to whom the care of the injured employee has been transferred,
    27  or such proportion of said fee as the arbitration committee  shall  deem
    28  adequate.
    29    (4)  (a) No claim for medical or surgical treatment shall be valid and
    30  enforceable,  as  against  such  employer,  or  employee,  unless within
    31  forty-eight hours following the first treatment the [physician] provider
    32  giving such treatment furnishes to the  employer  and  directly  to  the
    33  chair  a preliminary notice of such injury and treatment, within fifteen
    34  days thereafter a more complete report and subsequent  thereto  progress
    35  reports  if requested in writing by the chair, board, employer or insur-
    36  ance carrier at intervals of not less than three weeks apart or at  less
    37  frequent  intervals  if requested on forms prescribed by the chair.  The
    38  board may excuse failure to give  such  notices  within  the  designated
    39  periods when it finds it to be in the interest of justice to do so.
    40    (b)  Upon  receipt of the notice provided for by paragraph (a) of this
    41  subdivision, the employer, the carrier, and the claimant each  shall  be
    42  entitled to have the claimant examined by a [physician] provider author-
    43  ized by the chair in accordance with sections thirteen-b and one hundred
    44  thirty-seven  of  this  chapter, at a medical facility convenient to the
    45  claimant and in the presence of the claimant's [physician] provider, and
    46  refusal by the claimant to submit to such independent  medical  examina-
    47  tion at such time or times as may reasonably be necessary in the opinion
    48  of  the  board,  shall bar the claimant from recovering compensation for
    49  any period during which [he or she] the claimant has refused  to  submit
    50  to  such  examination.  No  hospital  shall  be  required to produce the
    51  records of any claimant without receiving its customary fees or  charges
    52  for reproduction of such records.
    53    (c)  Where  it would place an unreasonable burden upon the employer or
    54  carrier to arrange for, or for the claimant to  attend,  an  independent
    55  medical  examination by an authorized [physician] provider, the employer
    56  or carrier shall arrange for such examination to be performed by a qual-

        S. 3005                            61                            A. 3005

     1  ified [physician] provider in  a  medical  facility  convenient  to  the
     2  claimant.
     3    (d)  The  independent  medical examiner shall provide such reports and
     4  shall submit to investigation as required by the chair.
     5    (e) In order to qualify as admissible medical evidence,  for  purposes
     6  of  adjudicating  any  claim under this chapter, any report submitted to
     7  the board by an independent medical examiner licensed by  the  state  of
     8  New York shall include the following:
     9    (i) a signed statement certifying that the report is a full and truth-
    10  ful  representation  of  the independent medical examiner's professional
    11  opinion with respect to the claimant's condition:
    12    (ii) such examiner's board issued authorization number;
    13    (iii) the name of the individual or entity requesting the examination;
    14    (iv) if applicable, the registration number  as  required  by  section
    15  thirteen-n of this article; and
    16    (v) such other information as the chair may require by regulation.
    17    Any  report  by an independent medical examiner who is not authorized,
    18  and who performs an independent medical examination in  accordance  with
    19  paragraph  (c)  of  this  subdivision,  which  is  to be used as medical
    20  evidence under this chapter, shall include in the report  such  informa-
    21  tion as the chair may require by regulation.
    22    (5)  No  claim  for  specialist  consultations,  surgical  operations,
    23  physiotherapeutic or occupational therapy procedures, x-ray examinations
    24  or special diagnostic laboratory tests costing more  than  one  thousand
    25  dollars shall be valid and enforceable, as against such employer, unless
    26  such  special  services shall have been authorized by the employer or by
    27  the board, or unless such authorization has been unreasonably  withheld,
    28  or  withheld for a period of more than thirty calendar days from receipt
    29  of a request for authorization, or  unless  such  special  services  are
    30  required in an emergency, provided, however, that the basis for a denial
    31  of  such  authorization  by  the employer must be based on a conflicting
    32  second opinion rendered by a  [physician]  provider  authorized  by  the
    33  board.  The  board, with the approval of the superintendent of financial
    34  services, shall issue and maintain a list of  pre-authorized  procedures
    35  under  this  section.  Such  list  of pre-authorized procedures shall be
    36  issued and maintained for the purpose  of  expediting  authorization  of
    37  treatment  of  injured  workers.  Such list of pre-authorized procedures
    38  shall not prohibit varied treatment when the  treating  provider  demon-
    39  strates the appropriateness and medical necessity of such treatment.
    40    (6)  (a)  Any  interference  by  any  person  with the selection by an
    41  injured employee of an authorized [physician] provider  to  treat  [him]
    42  such  employee,  except  when  the selection is made pursuant to article
    43  ten-A of this chapter, and the improper influencing or  attempt  by  any
    44  person  improperly  to  influence the medical opinion of any [physician]
    45  provider who has treated or examined an injured  employee,  shall  be  a
    46  misdemeanor;  provided,  however, that it shall not constitute interfer-
    47  ence or improper influence if, in the presence of such  injured  employ-
    48  ee's  [physician] provider, an employer, [his] the employer's carrier or
    49  agent should recommend or provide information concerning  rehabilitation
    50  services or the availability thereof to an injured employee or [his] the
    51  employee's family.
    52    (b)  Except  as  otherwise  permitted by law, an employer, carrier, or
    53  third-party administrator shall not interfere or  attempt  to  interfere
    54  with  the  selection  by  an  injured  employee  of, or treatment by, an
    55  authorized medical provider, including by  directing  or  attempting  to
    56  direct that the injured employee seek treatment from a specific provider

        S. 3005                            62                            A. 3005

     1  or  type  of  provider selected by the employer, carrier, or third-party
     2  administrator. It shall not constitute improper interference under  this
     3  paragraph  if the direction or attempt to direct the injured employee to
     4  receive  treatment  from  a specific provider or type of provider origi-
     5  nates from the authorized  medical  provider  while  in  the  course  of
     6  providing treatment to the injured employee.
     7    (i)  Notwithstanding  any  other  provision in this chapter, the chair
     8  shall by regulation establish  a  performance  standard  concerning  the
     9  subject of any penalty imposed under this paragraph against an employer,
    10  carrier  or  third-party  administrator. The performance standard estab-
    11  lished by the chair shall be used to measure compliance with this  para-
    12  graph  by  employers, carriers and third-party administrators. The chair
    13  shall apply the performance standard based on multiple factors,  includ-
    14  ing  but  not limited to, findings of improper interference submitted as
    15  complaints to the board's monitoring unit,  unreasonable  objections  to
    16  medical  care,  unwarranted  objections  to  variances,  medical billing
    17  disputes, case delays brought about by employers,  carriers  and  third-
    18  party administrators, and the unreasonable denial of medical care.
    19    (ii)  Upon  validating  an  allegation  that  the employer, carrier or
    20  third-party administrator has failed to meet the promulgated performance
    21  standard, a penalty shall be assessed by the board upon  notice  to  the
    22  employer,  carrier  or third-party administrator. The board shall impose
    23  such penalty against the carrier, employer or third-party  administrator
    24  in  the amount of fifty dollars per violation identified in subparagraph
    25  (i) of this  paragraph.  The  penalties  for  violations  identified  in
    26  subparagraph  (i)  of  this  paragraph,  may be aggregated into a single
    27  penalty upon a finding that an employer, carrier or third-party adminis-
    28  trator has interfered  with  an  injured  employee's  necessary  medical
    29  treatment  and care. Such aggregate penalty or assessment shall be based
    30  upon the number of  violations  as  multiplied  against  the  applicable
    31  penalty  or assessment, but may be negotiated by the chair's designee in
    32  full satisfaction of the penalty or assessment. Any aggregate penalty or
    33  assessment issued under this paragraph shall be issued administratively,
    34  and the chair shall, by regulation, specify  the  method  of  review  or
    35  redetermination,  and  the  presentment of evidence and objections shall
    36  occur solely upon the documentation. Any final  determination  shall  be
    37  subject  to review under section twenty-three of this article but penal-
    38  ties may not be subject to a stay. A final determination that an employ-
    39  er, carrier or third-party administrator has engaged  in  a  pattern  of
    40  interference  with  an  injured  worker's  access to medically necessary
    41  medical care shall result in the imposition of an aggregate penalty  and
    42  publication of notice of such finding on the board's web page.
    43    (7)(a)  Notwithstanding  any  other  provision  of this chapter to the
    44  contrary, any insurance carrier authorized to transact the  business  of
    45  workers' compensation insurance in this state, self-insurer or the state
    46  insurance  fund  may  contract  with  a network or networks, legally and
    47  properly organized, to perform  diagnostic  tests,  x-ray  examinations,
    48  magnetic  resonance imaging, or other radiological examinations or tests
    49  of claimants and may require claimant to obtain or undergo such diagnos-
    50  tic test, x-ray examinations, magnetic resonance imaging or other radio-
    51  logical examinations or tests with a provider or at a facility  that  is
    52  affiliated   with  the  network  or  networks  with  which  the  carrier
    53  contracts, except if a medical emergency occurs requiring  an  immediate
    54  diagnostic  test, x-ray examination, magnetic resonance imaging or other
    55  radiological examination or test or if the network with which the insur-
    56  ance carrier, self-insurer or the state insurance  fund  contracts  does

        S. 3005                            63                            A. 3005

     1  not  have a provider or facility able to perform the examination or test
     2  within a reasonable distance from the claimant's residence or  place  of
     3  employment, as defined by regulation of the board.
     4    (b)  Any  insurance  carrier, self-insurer or the state insurance fund
     5  which requires claimants to obtain or undergo  diagnostic  tests,  x-ray
     6  examinations,  magnetic resonance imaging or other radiological examina-
     7  tions or tests with a provider  or  at  a  facility  affiliated  with  a
     8  network or networks with which it contracts, must notify the claimant of
     9  the name and contact information for the network or networks at the same
    10  time  the  written  statement  of  the  claimant's rights as required by
    11  subdivision two of section one hundred ten of this chapter or immediate-
    12  ly after imposing such requirement if the time period within  which  the
    13  written  statement  of  the claimant's rights as required by subdivision
    14  two of section one hundred ten of this chapter has expired.
    15    (c) At the time a request for  authorization  for  special  diagnostic
    16  tests, x-ray examinations, magnetic resonance imaging or other radiolog-
    17  ical  examinations  or  tests  costing more than one thousand dollars as
    18  required by subdivision five of this section is approved, the  insurance
    19  carrier,  self-insurer  or  state insurance fund, or if so delegated the
    20  network with which the insurance carrier, self-insurer or  state  insur-
    21  ance fund has contracted, shall notify the [physician] provider request-
    22  ing authorization of the requirement that the claimant obtain or undergo
    23  the special diagnostic test, x-ray examination, magnetic resonance imag-
    24  ing  or  other  radiological examination or test with a provider or at a
    25  facility affiliated with the network  or  networks  with  which  it  has
    26  contracted,  the  contact  information for the network and a list of the
    27  providers and facilities within the claimant's geographic  location,  as
    28  defined  by regulation of the board.  The claimant, in consultation with
    29  the provider who requested the special diagnostic test,  x-ray  examina-
    30  tion,  magnetic  resonance  imaging  or other radiological test or exam,
    31  will determine the provider or facility from within  the  network  which
    32  will perform such diagnostic test, x-ray examination, magnetic resonance
    33  imaging or other radiological examination or test.
    34    (d)  The  results  of  the special diagnostic test, x-ray examination,
    35  magnetic resonance imaging or other radiological test or  exam  must  be
    36  sent  to  the  [physician] provider who requested the test or exam imme-
    37  diately upon completion of the report detailing the results.
    38    § 2. Section 13-b of the workers'  compensation  law,  as  amended  by
    39  section  1  of part CC of chapter 55 of the laws of 2019, and paragraphs
    40  (p) and (q) of subdivision 1 and paragraph (b-1)  of  subdivision  2  as
    41  added by chapter 335 of the laws of 2024, is amended to read as follows:
    42    §  13-b.  Authorization of providers, medical bureaus and laboratories
    43  by the chair. 1. [No person shall render medical care or  conduct  inde-
    44  pendent  medical  examinations  under this chapter without such authori-
    45  zation by the chair.] Any provider as defined in this section  shall  be
    46  authorized  to  render  medical  care under this chapter unless they are
    47  currently excluded pursuant to section thirteen-d of this article. Inde-
    48  pendent medical examinations may only be  performed  by  a    physician,
    49  podiatrist,  chiropractor,  or  psychologist  authorized to perform such
    50  examinations by the chair, or as specified in regulations,  when  quali-
    51  fied by the board.  No provider may conduct independent medical examina-
    52  tions  unless  performed in accordance with paragraph (b) of subdivision
    53  four  of section thirteen-a and section one hundred thirty-seven of this
    54  chapter. As used in this title, the following definitions shall have the
    55  following meanings unless their context requires otherwise:

        S. 3005                            64                            A. 3005

     1    (a) "Acupuncturist" shall mean licensed as having completed  a  formal
     2  course  of study and having passed an examination in accordance with the
     3  education law, the regulations of the commissioner of education, and the
     4  requirements of the board of regents. Acupuncturists are required by the
     5  education  law  to advise, in writing, each patient of the importance of
     6  consulting with a physician for the condition or conditions  necessitat-
     7  ing acupuncture care, as prescribed by the education law.
     8    (b)  "Chair"  of  the board shall mean either the chair or the chair's
     9  designee.
    10    (c) "Chiropractor" shall mean licensed and having completed two  years
    11  of  preprofessional  college  study  and a four-year resident program in
    12  chiropractic in accordance with the education law, and  consistent  with
    13  the licensing requirements of the commissioner of education.
    14    (d)  "Dentist"  shall  mean  licensed and having completed a four-year
    15  course of study leading to a D.D.S. or D.D.M. degree, or  an  equivalent
    16  degree,  in accordance with the education law and the licensing require-
    17  ments of the commissioner of education.
    18    (e) "Employer" shall mean a self-insured employer or, if insured,  the
    19  insurance carrier.
    20    (f)  "Independent  medical  examination"  shall  mean  an  examination
    21  performed by a  physician,  podiatrist,  chiropractor  or  psychologist,
    22  authorized  under  this  section  to  perform  such examination, for the
    23  purpose of examining or evaluating injury or illness pursuant  to  para-
    24  graph  (b)  of  subdivision  four  of section thirteen-a and section one
    25  hundred thirty-seven of this chapter and as  more  fully  set  forth  in
    26  regulation.
    27    (g) "Nurse practitioner" shall mean a licensed registered professional
    28  nurse certified pursuant to section sixty-nine hundred ten of the educa-
    29  tion law acting within their lawful scope of practice.
    30    (h)  "Occupational therapist" shall mean licensed as having at least a
    31  bachelor's or master's degree in occupational therapy from a  registered
    32  program  with the education department or receipt of a diploma or degree
    33  resulting from completion of not less than four years  of  postsecondary
    34  study,  which includes the professional study of occupational therapy in
    35  accordance with the education law and the regulations of the commission-
    36  er of education.
    37    (i) "Physical therapist" shall mean licensed in  accordance  with  the
    38  education  law  and  the  licensing  requirements of the commissioner of
    39  education.
    40    (j) "Physician" shall mean licensed with a degree of doctor  of  medi-
    41  cine,  M.D.,  or  doctor of osteopathic medicine, D.O., or an equivalent
    42  degree in accordance with the education law and the  licensing  require-
    43  ments  of the state board of medicine and the regulations of the commis-
    44  sioner of education.
    45    (k) "Physician assistant"  shall  mean  a  licensed  provider  who  is
    46  licensed as a physician assistant pursuant to section sixty-five hundred
    47  forty-one of the education law.
    48    (l) "Podiatrist" shall mean a doctor of podiatric medicine licensed as
    49  having  received  a  doctoral degree in podiatric medicine in accordance
    50  with the regulations of the commissioner of education and the  education
    51  law,  and  must  satisfactorily meet all other requirements of the state
    52  board for podiatric medicine.
    53    (m) ["Provider"] "Authorized provider" or "provider" shall mean a duly
    54  licensed acupuncturist, chiropractor, nurse  practitioner,  occupational
    55  therapist,  physical  therapist,  physician, physician assistant, podia-
    56  trist, psychologist, or social  worker  [authorized  by  the  chair]  as

        S. 3005                            65                            A. 3005

     1  defined  in  this  section  who  is  not  currently excluded pursuant to
     2  section thirteen-d of this article.
     3    (n)  "Psychologist"  shall mean licensed as having received a doctoral
     4  degree in psychology from a program of psychology  registered  with  the
     5  state  education  department  or  the  substantial equivalent thereof in
     6  accordance with the education law, the requirements of the  state  board
     7  for psychology, and the regulations of the commissioner of education.
     8    (o)  "Social  worker"  shall mean a licensed clinical social worker. A
     9  licensed clinical social worker  has  completed  a  master's  degree  of
    10  social  work  that  includes completion of a core curriculum of at least
    11  twelve credit hours of clinical courses or the equivalent  post-graduate
    12  clinical  coursework, in accordance with the education law and the regu-
    13  lations of the commissioner of education.
    14    (p) "Physical therapist assistant" shall mean licensed  in  accordance
    15  with the education law and the licensing requirements of the commission-
    16  er of education.
    17    (q) "Occupational therapy assistant" shall mean licensed in accordance
    18  with the education law and the licensing requirements of the commission-
    19  er of education.
    20    (r)  "Exclusion  list" means the list published and maintained by  the
    21  board  in  accordance  with  section  thirteen-d of this article listing
    22  providers who are currently disqualified from  rendering  care  or  from
    23  performing independent medical examinations under this chapter.
    24    2. Any provider [licensed pursuant to the  education  law  to  provide
    25  medical care and treatment in the state of New York may render emergency
    26  care  and  treatment  in  an  emergency  hospital or urgent care setting
    27  providing emergency treatment under this chapter  without  authorization
    28  by  the  chair  under  this  section;] rendering medical care under this
    29  chapter must comply with all applicable laws, regulations and  guidance,
    30  including  any  applicable New York Medical Treatment Guidelines and the
    31  Official New York Medical Fee Schedule(s).
    32    (a) Such licensed provider as identified in this subdivision who is on
    33  staff at any hospital or urgent care center providing  emergency  treat-
    34  ment  may continue such medical care under this chapter while an injured
    35  employee remains a patient in such hospital or urgent care setting; and
    36    (b) Under the direct supervision of an  authorized  provider,  medical
    37  care  may  be  rendered by a registered nurse or other person trained in
    38  laboratory or diagnostic techniques within the scope  of  such  person's
    39  specialized  training  and  qualifications.  This  supervision  shall be
    40  evidenced by signed records of instructions  for  treatment  and  signed
    41  records  of the patient's condition and progress. Reports of such treat-
    42  ment and supervision shall be made by such provider to the chair in  the
    43  format prescribed by the chair at such times as the chair may require.
    44    (b-1)  Under  the  direction  and supervision of an authorized occupa-
    45  tional therapist, occupational therapy services may be  rendered  by  an
    46  occupational  therapy  assistant. Under the direction and supervision of
    47  an authorized physical  therapist,  physical  therapy  services  may  be
    48  rendered  by  a  physical  therapist  assistant.  Where any such care or
    49  treatment is rendered, records of the patient's condition and  progress,
    50  together  with  records  of  instruction for treatment, if any, shall be
    51  maintained by the physical therapist or occupational  therapist  and  by
    52  the referring physician, physician assistant, podiatrist, or nurse prac-
    53  titioner.  Said  records shall be submitted to the chair on forms and at
    54  such times as the chair may require.
    55    (c) Where it would place an unreasonable burden upon the  employer  or
    56  carrier  to  arrange  for, or for the claimant to attend, an independent

        S. 3005                            66                            A. 3005

     1  medical examination by an authorized provider, the employer  or  carrier
     2  shall  arrange  for  such  examination  to  be  performed by a qualified
     3  provider in a medical facility convenient to the claimant.
     4    (d)  Upon  the  prescription  or  referral of an authorized physician,
     5  physician assistant, podiatrist, or nurse practitioner acting within the
     6  scope of [his or her] such person's practice, care or treatment  may  be
     7  rendered  to  an  injured  employee by an authorized physical therapist,
     8  occupational therapist or acupuncturist provided the conditions and  the
     9  treatment  performed  are  among the conditions that the physical thera-
    10  pist, occupational therapist or acupuncturist  is  authorized  to  treat
    11  pursuant  to the education law or the regulations of the commissioner of
    12  education. Where any such care or treatment is rendered, records of  the
    13  patient's  condition  and progress, together with records of instruction
    14  for treatment, if any, shall be maintained by  the  physical  therapist,
    15  occupational  therapist  or acupuncturist rendering treatment and by the
    16  referring physician, physician assistant, podiatrist, or  nurse  practi-
    17  tioner.  Said  records  shall  be submitted to the chair on forms and at
    18  such times as the chair may require.
    19    (e) A record, report or opinion of a physical therapist,  occupational
    20  therapist,  acupuncturist or physician assistant shall not be considered
    21  as evidence of the causal  relationship  of  any  condition  to  a  work
    22  related  accident  or occupational disease under this chapter. Nor may a
    23  record, report or opinion of a physical therapist,  occupational  thera-
    24  pist  or  acupuncturist  be considered evidence of disability. Nor may a
    25  record, report  or  opinion  of  a  physician  assistant  be  considered
    26  evidence  of  the  presence  of a permanent or initial disability or the
    27  degree thereof.
    28    (f) An independent medical examination performed  in  accordance  with
    29  section  one hundred thirty-seven of this chapter, may only be performed
    30  by a physician, podiatrist, chiropractor or psychologist  authorized  to
    31  perform  such  examinations by the chair, or as specified in regulation,
    32  when qualified by the board.
    33    3. [A provider] In order to perform independent  medical  examinations
    34  in  accordance  with paragraph (b) of subdivision four  of section thir-
    35  teen-a and section one hundred thirty-seven of this  chapter,  a  physi-
    36  cian,  podiatrist,  chiropractor,  or  psychologist properly licensed or
    37  certified pursuant to the regulations of the commissioner  of  education
    38  and  the requirements of the education law [desirous of being authorized
    39  to render medical care under this chapter and/or to conduct  independent
    40  medical  examinations  in  accordance  with paragraph (b) of subdivision
    41  four of section thirteen-a and section one hundred thirty-seven of  this
    42  chapter]  shall file an application for authorization under this chapter
    43  with the chair or chair's designee as provided  for  in  the  applicable
    44  regulations,  currently  section  300.2  of  Title  12  NYCRR. [Prior to
    45  receiving authorization, a physician must, together with  submission  of
    46  an  application  to  the  chair,  submit such application to the medical
    47  society of the county in which the physician's office is located or of a
    48  board designated by such county society or of a board representing  duly
    49  licensed  physicians  of  any  other  school of medical practice in such
    50  county, and such medical society shall submit the recommendation to  the
    51  board.  In  the  event such county society or board fails to take action
    52  upon a physician's completed and signed  application  within  forty-five
    53  days,  the  chair  may  complete  review of the application without such
    54  approval. Upon approval of the application by the chair or  the  chair's
    55  designee, the applicant shall further agree to refrain from subsequently
    56  treating  for  remuneration,  as  a  private patient, any person seeking

        S. 3005                            67                            A. 3005

     1  medical treatment, or submitting to an independent medical  examination,
     2  in connection with, or as a result of, any injury compensable under this
     3  chapter,  if  he  or  she  has  been  removed from the list of providers
     4  authorized  to  render  medical  care  or to conduct independent medical
     5  examinations under this chapter, or if the person  seeking  such  treat-
     6  ment,  or  submitting  to  an  independent medical examination, has been
     7  transferred from his or her care in accordance with  the  provisions  of
     8  this  chapter.  This  agreement  shall run to the benefit of the injured
     9  person so treated or examined, and shall be available to him or her as a
    10  defense in any  action  by  such  provider  for  payment  for  treatment
    11  rendered by a provider after he or she has been removed from the list of
    12  providers  authorized  to  render medical care or to conduct independent
    13  medical examinations under this chapter, or after the injured person was
    14  transferred from his or her care in accordance with  the  provisions  of
    15  this chapter.]
    16    4. Laboratories and bureaus engaged in x-ray diagnosis or treatment or
    17  in  physiotherapy  or other therapeutic procedures and which participate
    18  in the diagnosis or treatment of  injured  workers  under  this  chapter
    19  shall be operated or supervised by providers authorized under this chap-
    20  ter and shall be subject to the provisions of section thirteen-c of this
    21  article.  The  person in charge of diagnostic clinical laboratories duly
    22  authorized under this chapter shall possess  the  qualifications  estab-
    23  lished  by the public health and health planning council for approval by
    24  the state commissioner of health or, in the city of New York, the quali-
    25  fications approved by the board of health of said city and  shall  main-
    26  tain the standards of work required for such approval.
    27    §  3.  Section  13-d  of  the workers' compensation law, as amended by
    28  section 2 of part CC of chapter 55 of the laws of 2019,  is  amended  to
    29  read as follows:
    30    § 13-d. [Removal of providers from lists of those authorized to render
    31  medical  care  or to conduct independent medical examinations] Placement
    32  of providers on the exclusion list. 1. [The medical society of the coun-
    33  ty in which the physician's office is located at the  time  or  a  board
    34  designated  by such county society or a board representing duly licensed
    35  physicians of any other school of medical practice in such county  shall
    36  investigate,  hear  and  make findings with respect to all charges as to
    37  professional or other misconduct of any authorized physician  as  herein
    38  provided  under  rules  and  procedure  to  be prescribed by the medical
    39  appeals unit, and shall report evidence of such misconduct,  with  their
    40  findings  and recommendation with respect thereto, to the chair. Failure
    41  to commence such investigation within  sixty  days  from  the  date  the
    42  charges  are referred to the society by the chair or submit findings and
    43  recommendations relating to the charges within one hundred  eighty  days
    44  from  the  date  the  charges  are  referred  shall empower the chair to
    45  appoint, as a hearing officer, a member of the board, employee, or other
    46  qualified hearing officer to hear and  report  on  the  charges  to  the
    47  chair.  A  qualified  hearing  officer,  who  is neither a member of the
    48  board, or employee thereof shall be paid at a reasonable per  diem  rate
    49  to be fixed by the chair.
    50    Such  investigation,  hearing, findings, recommendation and report may
    51  be made by the society or board of an adjoining county upon the  request
    52  of  the medical society of the county in which the alleged misconduct or
    53  infraction of this chapter occurred,  subject  to  the  time  limit  and
    54  conditions  set  forth herein. The medical appeals unit shall review the
    55  findings and recommendation of such medical society or board, or hearing
    56  officer appointed by the chair upon application of the accused physician

        S. 3005                            68                            A. 3005

     1  and may reopen the matter and receive further  evidence.  The  findings,
     2  decision  and  recommendation  of such society, board or hearing officer
     3  appointed by the chair or medical appeals unit shall be advisory to  the
     4  chair  only, and shall not be binding or conclusive upon him or her.] In
     5  accordance with this section, the chair shall publish  and  maintain  an
     6  exclusion  list  of  providers  currently  disqualified  from  rendering
     7  medical care under this chapter or to conduct independent medical  exam-
     8  inations in accordance with paragraph (b) of subdivision four of section
     9  thirteen-a of this article.
    10    2.  [The  chair  shall remove from the list of providers authorized to
    11  render medical care  under  this  chapter,  or  to  conduct  independent
    12  medical  examinations  in  accordance  with paragraph (b) of subdivision
    13  four of section thirteen-a of this article,] The  exclusion  list  shall
    14  publish  the  name  of  any provider who [he or she shall find] is found
    15  after reasonable investigation [is]  to  be  disqualified  because  such
    16  provider:
    17    (a) has been guilty of professional or other misconduct or incompeten-
    18  cy in connection with rendering medical services under the law; or
    19    (b)  has exceeded the limits of [his or her] their professional compe-
    20  tence in rendering medical care or  in  conducting  independent  medical
    21  examinations under the law, or has, as applicable, made materially false
    22  statements  regarding  [his or her] their qualifications in [his or her]
    23  their application [for the recommendation  of  the  medical  society  or
    24  board as provided in section thirteen-b of this article]; or
    25    (c)  has  failed  to  transmit copies of medical reports to claimant's
    26  attorney or licensed representative as provided in  subdivision  (f)  of
    27  section  thirteen  of  this  article;  or  has failed to submit full and
    28  truthful medical reports of all [his  or  her]  their  findings  to  the
    29  employer,  and directly to the chair or the board within the time limits
    30  provided in subdivision four of section thirteen-a of this article  with
    31  the  exception  of  injuries which do not require (1) more than ordinary
    32  first aid or more than two treatments by a provider or person  rendering
    33  first aid, or (2) loss of time from regular duties of one day beyond the
    34  working day or shift; or
    35    (d) knowingly made a false statement or representation as to a materi-
    36  al  fact  in  any medical report or in any submission to the board, made
    37  pursuant to this chapter or in testifying or otherwise providing  infor-
    38  mation for the purposes of this chapter; or
    39    (e)  has solicited, or has employed another to solicit for [himself or
    40  herself] themself or for another, professional treatment, examination or
    41  care of an injured employee in connection  with  any  claim  under  this
    42  chapter; or
    43    (f)  has  refused to appear before, to testify, to submit to a deposi-
    44  tion, or to answer upon request of, the chair, board,  [medical  appeals
    45  unit]  or  any duly authorized officer of the state, any legal question,
    46  or to produce any relevant book or paper concerning [his or  her]  their
    47  conduct  [under  any  authorization  granted to him or her] in rendering
    48  medical care or in the performance of an independent medical examination
    49  under this chapter, including when a provider has accepted payments from
    50  both the health insurer and employer or carrier and failed to  reimburse
    51  the health insurer after they are given notice; or
    52    (g)  has directly or indirectly requested, received or participated in
    53  the division, transference, assignment, rebating, splitting or refunding
    54  of a fee for, or has directly or indirectly requested, received or prof-
    55  ited by means of a credit or other valuable consideration as  a  commis-
    56  sion,  discount or gratuity in connection with the furnishing of medical

        S. 3005                            69                            A. 3005

     1  or surgical care,  an  independent  medical  examination,  diagnosis  or
     2  treatment  or service, including X-ray examination and treatment, or for
     3  or in connection with the sale, rental, supplying or furnishing of clin-
     4  ical  laboratory  services  or  supplies,  X-ray  laboratory services or
     5  supplies, inhalation therapy service or  equipment,  ambulance  service,
     6  hospital or medical supplies, physiotherapy or other therapeutic service
     7  or  equipment,  artificial  limbs, teeth or eyes, orthopedic or surgical
     8  appliances or  supplies,  optical  appliances,  supplies  or  equipment,
     9  devices  for  aid  of hearing, drugs, medication or medical supplies, or
    10  any other goods, services or supplies prescribed for medical  diagnosis,
    11  care  or  treatment, under this chapter; except that reasonable payment,
    12  not exceeding the technical component fee permitted in the  medical  fee
    13  schedule, established under this chapter for X-ray examinations, diagno-
    14  sis  or treatment, may be made by a provider duly authorized as a roent-
    15  genologist to any hospital furnishing facilities and equipment for  such
    16  examination,  diagnosis  or  treatment,  provided such hospital does not
    17  also submit a charge for the same services. Nothing  contained  in  this
    18  paragraph  shall  prohibit  such  providers who practice as partners, in
    19  groups or as a professional corporation or as a university faculty prac-
    20  tice corporation from pooling fees and moneys received,  either  by  the
    21  partnership,   professional  corporation,  university  faculty  practice
    22  corporation or group by the individual members thereof, for professional
    23  services furnished by any individual professional member, or employee of
    24  such partnership, corporation or  group,  nor  shall  the  professionals
    25  constituting  the  partnerships,  corporations,  or groups be prohibited
    26  from sharing, dividing or apportioning the fees and moneys  received  by
    27  them  or  by  the partnership, corporation or group in accordance with a
    28  partnership or other agreement[.]; or
    29    (h) has demonstrated a repeated failure to follow  the  laws  of  this
    30  chapter  and  applicable  laws, regulations, and guidance, including any
    31  applicable New York medical treatment guidelines and  the  official  New
    32  York medical fee schedule(s); or
    33    (i) has misrepresented their credentials.
    34    3.  Any person who violates or attempts to violate, and any person who
    35  aids another to violate or attempts to  induce  [him  or  her]  them  to
    36  violate  the  provisions  of  paragraph  (g)  of subdivision two of this
    37  section shall be guilty of a misdemeanor.
    38    4. Nothing in this section shall  be  construed  as  limiting  in  any
    39  respect  the  power  or  duty  of  the chair to investigate instances of
    40  misconduct, either before or after investigation by a medical society or
    41  board as herein provided, or to temporarily [suspend  the  authorization
    42  of] add any provider to the exclusion list that [he or she] the chair or
    43  the chair's designee may believe to be guilty of such misconduct.
    44    5.  Whenever  the  department of health or the department of education
    45  shall conduct an investigation with respect to charges  of  professional
    46  or  other  misconduct  by a provider which results in a report, determi-
    47  nation or consent order that includes a finding of professional or other
    48  misconduct or incompetency by such provider, the chair shall  have  full
    49  power  and  authority to temporarily [suspend, revoke or otherwise limit
    50  the authorization under this chapter of] add any provider to the  exclu-
    51  sion  list  upon such finding by the department of health or the depart-
    52  ment of education that the provider has been guilty of  professional  or
    53  other misconduct. The recommendations of the department of health or the
    54  department  of  education  shall be advisory to the chair only and shall
    55  not be binding or conclusive upon the chair.

        S. 3005                            70                            A. 3005

     1    § 4. Subdivision 1 of section 13-f of the workers'  compensation  law,
     2  as  amended  by  chapter  353 of the laws of 1990, is amended to read as
     3  follows:
     4    (1)  Fees for medical services shall be payable only to a physician or
     5  other qualified person  permitted  by  [sections]  section  thirteen-b[,
     6  thirteen-k,  thirteen-l  and  thirteen-m]  of  this [chapter] article or
     7  other authorized provider of health care under the education law or  the
     8  public  health  law  permitted to render medical care or treatment under
     9  this chapter, or to the agent, executor or administrator of  the  estate
    10  of  such [physician] provider or such other qualified person.  Except as
    11  provided in section thirteen-d of this [chapter] article, no provider of
    12  health care rendering medical care or treatment to a compensation claim-
    13  ant, shall collect or receive a  fee  from  such  claimant  within  this
    14  state,  but shall have recourse for payment of services rendered only to
    15  the employer under the provisions  of  this  chapter.  Any  compensation
    16  claimant who pays a fee to a provider of health care for medical care or
    17  treatment  under  this chapter shall have a cause of action against such
    18  provider of health care for the recovery of the money paid, which  cause
    19  of action may be assigned to the chair in trust for the assigning claim-
    20  ant.  All such assignments shall run to the chair. The chair may sue the
    21  physician, or  other  authorized  provider  of  health  care  as  herein
    22  described  on the assigned cause of action with the benefits and subject
    23  to the provisions of existing law applying to such actions by the claim-
    24  ant [himself or herself] themself. Hospitals shall not  be  entitled  to
    25  receive  the  remuneration paid to physicians on their staff for medical
    26  and surgical services.
    27    § 5. Section 13-g of the  workers'  compensation  law  is  amended  by
    28  adding a new subdivision 5 to read as follows:
    29    (5)  When  a  provider  or supplier has knowledge that an employer has
    30  controverted or denied a claim, or receives a denial of a  medical  bill
    31  and  the basis of denial is that the claim is controverted, the provider
    32  may submit the bill to the patient's health insurance. The provider  may
    33  not  require  a  copayment  or coinsurance from the patient, and may not
    34  otherwise bill the patient, while the  determination  of  responsibility
    35  for the claim is pending. If the patient does not have health insurance,
    36  the  provider  may  not bill the patient directly while determination of
    37  responsibility for the claim is pending.
    38    § 6. Section 13-k of the workers' compensation law is REPEALED.
    39    § 7. Section 13-l of the workers' compensation law is REPEALED.
    40    § 8. Section 13-m of the workers' compensation law is REPEALED.
    41    § 9. Section 141 of the workers' compensation law, as amended by chap-
    42  ter 6 of the laws of 2007, is amended to read as follows:
    43    § 141. General powers and duties of the chair. The chair shall be  the
    44  administrative  head  of the workers' compensation board and shall exer-
    45  cise the powers and perform the duties in relation to the administration
    46  of this chapter heretofore vested in the commissioner of labor by  chap-
    47  ter fifty of the laws of nineteen hundred twenty-one, and acts amendato-
    48  ry  thereof,  and  by  this  chapter  excepting article six thereof, and
    49  except in so far as such powers and duties are vested by this chapter in
    50  the workers' compensation board. The chair shall preside at all meetings
    51  of the board and shall appoint all committees and panels of  the  board;
    52  shall  designate  the  times  and places for the hearing of claims under
    53  this chapter and shall perform all administrative functions of the board
    54  as in this chapter set forth. The chair, in the name of the board, shall
    55  enforce all the provisions of this chapter, and may make  administrative
    56  regulations and orders providing for the receipt, indexing and examining

        S. 3005                            71                            A. 3005

     1  of all notices, claims and reports, for the giving of notice of hearings
     2  and of decisions, for certifying of records, for the fixing of the times
     3  and  places for the hearing of claims, and for providing for the conduct
     4  of  hearings  and  establishing  of  calendar practice to the extent not
     5  inconsistent with the rules of the board. The chair shall [issue and may
     6  revoke certificates of authorization of  physicians,  chiropractors  and
     7  podiatrists  as  provided  in  sections thirteen-a, thirteen-k and thir-
     8  teen-1 of this chapter] publish  and  maintain  an  exclusion  list,  in
     9  accordance  with  section  thirteen-d  of this chapter, for providers as
    10  defined in section thirteen-b of  this  chapter  currently  disqualified
    11  from providing medical care or from performing independent medical exam-
    12  inations in accordance with paragraph (b) of subdivision four of section
    13  thirteen-a  of  this chapter, and licenses for medical bureaus and x-ray
    14  and other laboratories under the provisions  of  section  thirteen-c  of
    15  this  chapter, issue stop work orders as provided in section one hundred
    16  forty-one-a of this article, and shall have and exercise all powers  not
    17  otherwise  provided for herein in relation to the administration of this
    18  chapter heretofore expressly conferred upon the commissioner of labor by
    19  any of the provisions of this chapter, or of the labor law.  The  chair,
    20  on  behalf  of  the  workers'  compensation  board, shall enter into the
    21  agreement provided for in section one hundred seventy-one-h of  the  tax
    22  law,  and shall take such other actions as may be necessary to carry out
    23  the agreement provided for in  such  section  for  matching  beneficiary
    24  records  of workers' compensation with information provided by employers
    25  to the state directory of new hires for the purposes of verifying eligi-
    26  bility for such benefits and for administering workers' compensation.
    27    § 10. This act shall take effect January 1, 2027.

    28                                   PART CC

    29    Section 1. Subdivisions 1, 2 and 3 of section  21-a  of  the  workers'
    30  compensation  law,  as  amended  by  chapter  6 of the laws of 2007, are
    31  amended to read as follows:
    32    1. Notwithstanding any other provision of this chapter to the  contra-
    33  ry,  in any instance in which an employer is unsure of the extent of its
    34  liability for a claim for compensation by an injured  employee  pursuant
    35  to  this  chapter,  such employer may initiate compensation payments and
    36  payments for medical treatment and care, including  prescribed  medicine
    37  and  continue  such payments for one year, without prejudice and without
    38  admitting liability, in accordance with a notice of temporary payment of
    39  compensation, on a form prescribed by the board.
    40    2. The notice of  temporary  payment  of  compensation  authorized  by
    41  subdivision  one  of  this  section  shall  be  delivered to the injured
    42  employee and the board. Such notice shall notify  the  injured  employee
    43  that  the  temporary  payment  of compensation and medical treatment and
    44  care, including prescribed medicine shall not be deemed to be an  admis-
    45  sion  of  liability  by  the  employer for the injury or injuries to the
    46  employee. The board, upon receipt of a notice of  temporary  payment  of
    47  compensation, shall send a notice to the injured employee stating that:
    48    (a)  the  board  has received a notice of temporary payment of compen-
    49  sation relating to such injured employee;
    50    (b) the payment of temporary compensation and  medical  treatment  and
    51  care,  including  prescribed medicine and the injured employee's accept-
    52  ance of such temporary compensation  and  medical  treatment  and  care,
    53  including  prescribed medicine shall not be an admission of liability by
    54  the employer, nor prejudice the claim of the injured employee;

        S. 3005                            72                            A. 3005

     1    (c) the payment of temporary compensation and  medical  treatment  and
     2  care,  including  prescribed  medicine shall terminate on the elapse of:
     3  one year, or the employer's contesting of the injured  employee's  claim
     4  for  compensation  and  medical treatment and care, including prescribed
     5  medicine,  or  the  board determination of the injured employee's claim,
     6  whichever is first; and
     7    (d) the injured employee may be required to enter  into  an  agreement
     8  with  the  employer  to ensure the continuation of payments of temporary
     9  compensation and medical treatment and care, including prescribed  medi-
    10  cine.
    11    3. An employer may cease making temporary payments of compensation and
    12  medical  treatment  and  care,  including  prescribed  medicine  if such
    13  employer delivers within five  days  after  the  last  payment,  to  the
    14  injured  employee  and  the  board, a notice of termination of temporary
    15  payments of compensation on a form prescribed by the board. Such  notice
    16  shall inform the injured employee that the employer is ceasing temporary
    17  payment  of  compensation  and  medical  treatment  and  care, including
    18  prescribed medicine. Upon the cessation of temporary payments of compen-
    19  sation and medical treatment and care,  including  prescribed  medicine,
    20  all  parties  to  any  action  pursuant to this chapter shall retain all
    21  rights, defenses and obligations they would otherwise have  pursuant  to
    22  this  chapter  without  regard for the temporary payment of compensation
    23  and medical treatment and care, including prescribed medicine.
    24    § 2. This act shall take effect January 1, 2027.

    25                                   PART DD

    26    Section 1. Paragraph 1 of subdivision (d) of section 13 of  the  work-
    27  ers' compensation law, as amended by chapter 419 of the laws of 2000, is
    28  amended to read as follows:
    29    (1)  [In]  An  insurer or health benefits plan shall make payments for
    30  otherwise covered medical and/or hospital services for or on  behalf  of
    31  an  injured  employee  when the claim is controverted and the insurer or
    32  health benefits plan receives from the provider of  the  medical  and/or
    33  hospital  services who is treating the injured employee a written notice
    34  from the carrier or employer that the carrier or employer denied payment
    35  for the medical and/or hospital services. The insurer or health benefits
    36  plan shall be entitled to be reimbursed for such payments by the carrier
    37  or employer within the limits of the medical and hospital fee  schedules
    38  adopted by the chair if the board determines that the claim is compensa-
    39  ble.  Additionally, in the event that an insurer or health benefits plan
    40  makes payments for medical and/or hospital services for or on behalf  of
    41  an  injured  employee  when the claim is not controverted, they shall be
    42  entitled to be reimbursed for such payments by the carrier  or  employer
    43  within  the  limits of the medical and hospital fee schedules adopted by
    44  the chair if the board determines that the claim is compensable. For the
    45  purposes of this section, an insurer or health benefits plan includes  a
    46  medical  expense  indemnity  corporation,  a  health or hospital service
    47  corporation, a commercial insurance company licensed to  write  accident
    48  and  health insurance in the state of New York, an institution of higher
    49  education certified under section  eleven  hundred  twenty-four  of  the
    50  insurance  law, as added by chapter two hundred forty-six of the laws of
    51  two thousand twelve a municipal cooperative health  benefit  plan  under
    52  article forty-seven of the insurance law, a health maintenance organiza-
    53  tion  operating  in accordance with article forty-three of the insurance
    54  law or article forty-four of the public health law, or a self-insured or

        S. 3005                            73                            A. 3005

     1  self-funded health care benefits plan operated by, or on behalf of,  any
     2  business,  municipality  or  other entity (including an employee welfare
     3  fund as defined in article forty-four of the insurance law or any  other
     4  union  trust  fund  or  union health benefits plan). Notwithstanding any
     5  other provision of law, in no event shall the  carrier  or  employer  be
     6  required  to  reimburse the insurer or health benefits plan in an amount
     7  greater than the amount paid for medical and hospital services for or on
     8  behalf of the injured [employer] employee by such [corporation]  insurer
     9  or  [company] health benefits plan; provided, however, if the carrier or
    10  employer does not reimburse the insurer or health benefits  plan  within
    11  thirty  days  after  the board determines that the claim is compensable,
    12  the carrier or employer shall reimburse the insurer or  health  benefits
    13  plan  at  the amount the carrier or employer would be obligated to reim-
    14  burse the hospital or other provider of medical services if the  carrier
    15  or  employer  made  payment  directly  to the provider of medical and/or
    16  hospital services pursuant to this chapter (or, in the case of inpatient
    17  hospital services, pursuant to paragraphs (b) and (b-1)  of  subdivision
    18  one  of  section twenty-eight hundred seven-c of the public health law).
    19  Upon reimbursement to the insurer or health benefits  plan  pursuant  to
    20  this subdivision, the carrier or employer shall be relieved of liability
    21  for the medical and/or hospital services for which payment has been made
    22  by the insurer or health benefits plan.
    23    § 2. The insurance law is amended by adding new section 3224-e to read
    24  as follows:
    25    §  3224-e.  Payment  of  controverted  workers' compensation insurance
    26  claims. (a) Pursuant to paragraph one  of  subdivision  (d)  of  section
    27  thirteen  of  the  workers'  compensation  law,  an  insurer  shall make
    28  payments for otherwise covered medical or  hospital  services  when  the
    29  workers'  compensation  insurance  claim is controverted and the insurer
    30  receives from the provider of the medical or hospital  services  who  is
    31  treating the injured employee a written notice from the workers' compen-
    32  sation  insurer  or  employer  that the workers' compensation insurer or
    33  employer denied payment for the medical or hospital services. The insur-
    34  er shall be entitled to be reimbursed for such payments by the  workers'
    35  compensation  insurer  or  employer within the limits of the medical and
    36  hospital fee schedules of the chair of the workers'  compensation  board
    37  if the workers' compensation board determines that the claim is compens-
    38  able.
    39    (b)  For  the purpose of this section, "insurer" shall mean an insurer
    40  authorized to write accident and health  insurance  in  this  state,  an
    41  organization  or  corporation  licensed or certified pursuant to article
    42  forty-three or forty-seven of this chapter or article forty-four of  the
    43  public health law, or an institution of higher education certified under
    44  section  eleven hundred twenty-four of this chapter, as added by chapter
    45  two hundred forty-six of the laws of two thousand twelve.
    46    § 3. This act shall take effect January 1, 2026 and shall apply to all
    47  policies and contracts issued or renewed on or after such date.

    48                                   PART EE

    49    Section 1. The state comptroller is hereby authorized and directed  to
    50  loan  money in accordance with the provisions set forth in subdivision 5
    51  of section 4 of the state finance law  to  the  following  funds  and/or
    52  accounts:
    53    1. DOL-Child performer protection account (20401).
    54    2. Local government records management account (20501).

        S. 3005                            74                            A. 3005

     1    3. Child health plus program account (20810).
     2    4. EPIC premium account (20818).
     3    5. Education - New (20901).
     4    6. VLT - Sound basic education fund (20904).
     5    7.   Sewage  treatment  program  management  and  administration  fund
     6  (21000).
     7    8. Hazardous bulk storage account (21061).
     8    9. Utility environmental regulatory account (21064).
     9    10. Federal grants indirect cost recovery account (21065).
    10    11. Low level radioactive waste account (21066).
    11    12. Recreation account (21067).
    12    13. Public safety recovery account (21077).
    13    14. Environmental regulatory account (21081).
    14    15. Natural resource account (21082).
    15    16. Mined land reclamation program account (21084).
    16    17. Great lakes restoration initiative account (21087).
    17    18. Environmental protection and oil spill compensation fund (21200).
    18    19. Public transportation systems account (21401).
    19    20. Metropolitan mass transportation (21402).
    20    21. Operating permit program account (21451).
    21    22. Mobile source account (21452).
    22    23. Statewide  planning  and  research  cooperative   system   account
    23  (21902).
    24    24. New York state thruway authority account (21905).
    25    25. Financial control board account (21911).
    26    26. Regulation of racing account (21912).
    27    27. State university dormitory income reimbursable account (21937).
    28    28. Criminal justice improvement account (21945).
    29    29. Environmental laboratory reference fee account (21959).
    30    30. Training, management and evaluation account (21961).
    31    31. Clinical laboratory reference system assessment account (21962).
    32    32. Indirect cost recovery account (21978).
    33    33. Multi-agency training account (21989).
    34    34. Bell jar collection account (22003).
    35    35. Industry and utility service account (22004).
    36    36. Real property disposition account (22006).
    37    37. Parking account (22007).
    38    38. Courts special grants (22008).
    39    39. Asbestos safety training program account (22009).
    40    40. Batavia school for the blind account (22032).
    41    41. Investment services account (22034).
    42    42. Surplus property account (22036).
    43    43. Financial oversight account (22039).
    44    44. Regulation of Indian gaming account (22046).
    45    45. Rome school for the deaf account (22053).
    46    46. Seized assets account (22054).
    47    47. Administrative adjudication account (22055).
    48    48. New York City assessment account (22062).
    49    49. Cultural education account (22063).
    50    50. Local services account (22078).
    51    51. DHCR mortgage servicing account (22085).
    52    52. Housing indirect cost recovery account (22090).
    53    53. Voting Machine Examinations account (22099).
    54    54. DHCR-HCA application fee account (22100).
    55    55. Low income housing monitoring account (22130).
    56    56. Restitution account (22134).

        S. 3005                            75                            A. 3005

     1    57. Corporation administration account (22135).
     2    58.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
     3  account (22144).
     4    59. Deferred compensation administration account (22151).
     5    60. Rent revenue other New York City account (22156).
     6    61. Rent revenue account (22158).
     7    62. Transportation aviation account (22165).
     8    63. Tax revenue arrearage account (22168).
     9    64. New York State Campaign Finance Fund account (22211).
    10    65. New York state medical indemnity fund account (22240).
    11    66. Behavioral health parity compliance fund (22246).
    12    67. Pharmacy benefit manager regulatory fund (22255).
    13    68. Virtual currency assessments account (22262).
    14    69. State university general income offset account (22654).
    15    70. Lake George park trust fund account (22751).
    16    71. Highway safety program account (23001).
    17    72. DOH drinking water program account (23102).
    18    73. NYCCC operating offset account (23151).
    19    74. Commercial gaming revenue account (23701).
    20    75. Commercial gaming regulation account (23702).
    21    76. Highway use tax administration account (23801).
    22    77. New York state secure choice administrative account (23806).
    23    78. New York state cannabis revenue fund (24800).
    24    79. Cannabis education account (24801).
    25    80. Fantasy sports administration account (24951).
    26    81. Mobile sports wagering fund (24955).
    27    82. Highway and bridge capital account (30051).
    28    83. State university residence hall rehabilitation fund (30100).
    29    84. State parks infrastructure account (30351).
    30    85. Clean water/clean air implementation fund (30500).
    31    86. Hazardous waste remedial cleanup account (31506).
    32    87. Youth facilities improvement account (31701).
    33    88. Housing assistance fund (31800).
    34    89. Housing program fund (31850).
    35    90. Highway facility purpose account (31951).
    36    91. New York racing account (32213).
    37    92. Capital miscellaneous gifts account (32214).
    38    93. Information technology capital financing account (32215).
    39    94. New York environmental protection and  spill  remediation  account
    40  (32219).
    41    95.  Department of financial services IT modernization capital account
    42  (32230).
    43    96. Mental hygiene facilities capital improvement fund (32300).
    44    97. Correctional facilities capital improvement fund (32350).
    45    98. New York State Storm Recovery Capital Fund (33000).
    46    99. OGS convention center account (50318).
    47    100. Empire Plaza Gift Shop (50327).
    48    101. Unemployment Insurance Benefit Fund, Interest Assessment  Account
    49  (50651).
    50    102. Centralized services fund (55000).
    51    103. Archives records management account (55052).
    52    104. Federal single audit account (55053).
    53    105. Civil service administration account (55055).
    54    106. Civil service EHS occupational health program account (55056).
    55    107. Banking services account (55057).
    56    108. Cultural resources survey account (55058).

        S. 3005                            76                            A. 3005

     1    109. Neighborhood work project account (55059).
     2    110. Automation & printing chargeback account (55060).
     3    111. OFT NYT account (55061).
     4    112. Data center account (55062).
     5    113. Intrusion detection account (55066).
     6    114. Domestic violence grant account (55067).
     7    115. Centralized technology services account (55069).
     8    116. Labor contact center account (55071).
     9    117. Human services contact center account (55072).
    10    118. Tax contact center account (55073).
    11    119. Department of law civil recoveries account (55074).
    12    120. Executive direction internal audit account (55251).
    13    121. CIO Information technology centralized services account (55252).
    14    122. Health insurance internal service account (55300).
    15    123.  Civil  service employee benefits division administrative account
    16  (55301).
    17    124. Correctional industries revolving fund (55350).
    18    125. Employees health insurance account (60201).
    19    126. Medicaid management information system escrow fund (60900).
    20    127. Animal shelter regulation account.
    21    128. Climate initiative account.
    22    129. Employers Assessment account.
    23    § 2. The state comptroller is hereby authorized and directed  to  loan
    24  money  in  accordance  with the provisions set forth in subdivision 5 of
    25  section 4 of the state finance law to any account within  the  following
    26  federal  funds,  provided  the comptroller has made a determination that
    27  sufficient federal grant award authority is available to reimburse  such
    28  loans:
    29    1. Federal USDA-food and nutrition services fund (25000).
    30    2. Federal health and human services fund (25100).
    31    3. Federal education fund (25200).
    32    4. Federal block grant fund (25250).
    33    5. Federal miscellaneous operating grants fund (25300).
    34    6. Federal unemployment insurance administration fund (25900).
    35    7. Federal unemployment insurance occupational training fund (25950).
    36    8. Federal emergency employment act fund (26000).
    37    9. Federal capital projects fund (31350).
    38    §  3.  Notwithstanding any law to the contrary, and in accordance with
    39  section 4 of the state finance law, the comptroller is hereby authorized
    40  and directed to transfer, upon request of the director of the budget, on
    41  or before March 31, 2026, up to the unencumbered balance or the  follow-
    42  ing amounts:
    43    Economic Development and Public Authorities:
    44    1.  An  amount  up  to the unencumbered balance from the miscellaneous
    45  special revenue fund, underground  facilities  safety  training  account
    46  (22172), to the general fund.
    47    2.  An  amount  up  to the unencumbered balance from the miscellaneous
    48  special revenue fund, business and licensing services  account  (21977),
    49  to the general fund.
    50    3.  $19,810,000  from  the  miscellaneous  special  revenue fund, code
    51  enforcement account (21904), to the general fund.
    52    4. $3,000,000 from the  general  fund  to  the  miscellaneous  special
    53  revenue fund, tax revenue arrearage account (22168).
    54    Education:
    55    1.  $2,590,856,000  from  the  general fund to the state lottery fund,
    56  education account (20901), as reimbursement for disbursements made  from

        S. 3005                            77                            A. 3005

     1  such  fund for supplemental aid to education pursuant to section 92-c of
     2  the state finance law that are in excess of  the  amounts  deposited  in
     3  such fund for such purposes pursuant to section 1612 of the tax law.
     4    2. $1,135,000,000 from the general fund to the state lottery fund, VLT
     5  education  account (20904), as reimbursement for disbursements made from
     6  such fund for supplemental aid to education pursuant to section 92-c  of
     7  the  state  finance  law  that are in excess of the amounts deposited in
     8  such fund for such purposes pursuant to section 1612 of the tax law.
     9    3. $132,800,000 from the general fund to the New York state commercial
    10  gaming fund, commercial gaming revenue account (23701), as reimbursement
    11  for disbursements made from such fund for supplemental aid to  education
    12  pursuant  to section 97-nnnn of the state finance law that are in excess
    13  of the amounts deposited in such fund for purposes pursuant  to  section
    14  1352 of the racing, pari-mutuel wagering and breeding law.
    15    4.  $1,418,000,000 from the general fund to the mobile sports wagering
    16  fund, education account (24955), as reimbursement for disbursements made
    17  from such fund for supplemental aid to  education  pursuant  to  section
    18  92-c of the state finance law that are in excess of the amounts deposit-
    19  ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
    20  racing, pari-mutuel wagering and breeding law.
    21    5. $5,000,000 from the interactive fantasy sports fund, fantasy sports
    22  education account (24950), to the state lottery fund, education  account
    23  (20901),  as  reimbursement  for  disbursements  made from such fund for
    24  supplemental aid to education pursuant to  section  92-c  of  the  state
    25  finance law.
    26    6.  $4,856,000  from  the  cannabis  revenue  fund  cannabis education
    27  account (24801), to the state lottery fund, education  account  (20901),
    28  as  reimbursement for disbursements made from such fund for supplemental
    29  aid to education pursuant to section 99-ii of the state finance law.
    30    7. An amount up to the unencumbered balance in the fund on  March  31,
    31  2025  from  the  charitable  gifts  trust fund, elementary and secondary
    32  education account (24901), to the general fund, for payment  of  general
    33  support  for  public schools pursuant to section 3609-a of the education
    34  law.
    35    8. Moneys from the state lottery fund (20900) up to an amount deposit-
    36  ed in such fund pursuant to section 1612 of the tax law in excess of the
    37  current year appropriation for supplemental aid to education pursuant to
    38  section 92-c of the state finance law.
    39    9. $300,000 from the New York state local government  records  manage-
    40  ment  improvement  fund,  local  government  records  management account
    41  (20501), to the New York state archives partnership trust fund, archives
    42  partnership trust maintenance account (20351).
    43    10. $900,000 from the general fund to the miscellaneous special reven-
    44  ue fund, Batavia school for the blind account (22032).
    45    11. $900,000 from the general fund to the miscellaneous special reven-
    46  ue fund, Rome school for the deaf account (22053).
    47    12. $343,400,000 from  the  state  university  dormitory  income  fund
    48  (40350)  to  the  miscellaneous  special  revenue fund, state university
    49  dormitory income reimbursable account (21937).
    50    13. $70,000,000 from the state university income fund, state universi-
    51  ty hospitals income reimbursable account (22656) to the general fund for
    52  hospital debt service.
    53    14. $24,000,000 from any of the state education  department's  special
    54  revenue  and internal service funds to the miscellaneous special revenue
    55  fund, indirect cost recovery account (21978).

        S. 3005                            78                            A. 3005

     1    15. $4,200,000 from any of the state  education  department's  special
     2  revenue or internal service funds to the capital projects fund (30000).
     3    16.  $30,013,000  from  the  general fund to the miscellaneous special
     4  revenue fund, HESC-insurance premium payments account (21960).
     5    17. $312,000,000 from the State University Income  Fund,  Long  Island
     6  veterans'  home  account  (22652),  state  university income fund, state
     7  university general income reimbursable account (22653), state university
     8  income fund, state university general revenue  offset  account  (22655),
     9  state  university  income  fund, state university hospitals income reim-
    10  bursable account (22656), state university income fund, SUNY  stabiliza-
    11  tion  account  (22657),  state university income fund, state university-
    12  wide hospital reimbursable  account  (22658),  and/or  state  university
    13  income  fund,  SUNY  tuition reimbursable account (22659) to the General
    14  Fund for the payment of SUNY Hospitals Health Insurance premiums  on  or
    15  before March 31, 2026.
    16    18.  $25,000,000  from  the  general fund to the miscellaneous capital
    17  projects fund, state university of New York green loan energy fund.
    18    Environmental Affairs:
    19    1. $16,000,000 from any of the department of  environmental  conserva-
    20  tion's  special  revenue federal funds, and/or federal capital funds, to
    21  the environmental conservation special revenue  fund,  federal  indirect
    22  recovery account (21065).
    23    2.  $5,000,000  from  any of the department of environmental conserva-
    24  tion's special revenue federal funds, and/or federal capital  funds,  to
    25  the  conservation  fund  (21150)  or Marine Resources Account (21151) as
    26  necessary to avoid diversion of conservation funds.
    27    3. $3,000,000 from any of the office of parks, recreation and historic
    28  preservation capital projects federal funds and special revenue  federal
    29  funds  to the miscellaneous special revenue fund, federal grant indirect
    30  cost recovery account (22188).
    31    4. $100,000,000 from the general fund to the environmental  protection
    32  fund, environmental protection fund transfer account (30451).
    33    5.  $10,000,000  from the general fund to the hazardous waste remedial
    34  fund, hazardous waste cleanup account (31506).
    35    6. An amount up to or equal to the cash  balance  within  the  special
    36  revenue-other  waste management & cleanup account (21053) to the capital
    37  projects fund (30000) for services and capital expenses related  to  the
    38  management  and  cleanup  program as put forth in section 27-1915 of the
    39  environmental conservation law.
    40    7. $1,800,000 from the  miscellaneous  special  revenue  fund,  public
    41  service account (22011) to the miscellaneous special revenue fund, util-
    42  ity environmental regulatory account (21064).
    43    8. $7,000,000 from the general fund to the enterprise fund, state fair
    44  account (50051).
    45    9.  $3,000,000  from the waste management & cleanup account (21053) to
    46  the general fund.
    47    10. $3,000,000 from the waste management & cleanup account (21053)  to
    48  the environmental protection fund transfer account (30451).
    49    11.  $14,000,000  from  the  general fund to the miscellaneous special
    50  revenue fund, patron services account (22163).
    51    12. $15,000,000 from the enterprise fund, golf account (50332) to  the
    52  state  park  infrastructure  fund,  state  park  infrastructure  account
    53  (30351).
    54    13. $10,000,000 from the general fund to the environmental  protection
    55  and oil spill compensation fund (21203).

        S. 3005                            79                            A. 3005

     1    14.  $5,000,000  from  the  general  fund to the enterprise fund, golf
     2  account (50332).
     3    Family Assistance:
     4    1.  $7,000,000 from any of the office of children and family services,
     5  office of temporary and disability assistance, or department  of  health
     6  special  revenue  federal funds and the general fund, in accordance with
     7  agreements with social services districts, to the miscellaneous  special
     8  revenue  fund, office of human resources development state match account
     9  (21967).
    10    2. $4,000,000 from any of the office of children and  family  services
    11  or office of temporary and disability assistance special revenue federal
    12  funds to the miscellaneous special revenue fund, family preservation and
    13  support services and family violence services account (22082).
    14    3. $18,670,000 from any of the office of children and family services,
    15  office  of  temporary and disability assistance, or department of health
    16  special revenue federal  funds  and  any  other  miscellaneous  revenues
    17  generated  from  the operation of office of children and family services
    18  programs to the general fund.
    19    4. $205,000,000 from any of the office  of  temporary  and  disability
    20  assistance  or department of health special revenue funds to the general
    21  fund.
    22    5. $2,500,000 from any of  the  office  of  temporary  and  disability
    23  assistance  special  revenue  funds to the miscellaneous special revenue
    24  fund, office of temporary  and  disability  assistance  program  account
    25  (21980).
    26    6. $35,000,000 from any of the office of children and family services,
    27  office  of temporary and disability assistance, department of labor, and
    28  department of health special revenue federal  funds  to  the  office  of
    29  children  and family services miscellaneous special revenue fund, multi-
    30  agency training contract account (21989).
    31    7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
    32  facility per diem account (22186), to the general fund.
    33    8.  $621,850  from the general fund to the combined gifts, grants, and
    34  bequests fund, WB Hoyt Memorial account (20128).
    35    9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
    36  central registry (22028), to the general fund.
    37    10.  $900,000  from  the general fund to the Veterans' Remembrance and
    38  Cemetery Maintenance and Operation account (20201).
    39    11. $5,000,000 from the general  fund  to  the  housing  program  fund
    40  (31850).
    41    12. $15,000,000 from any of the office of children and family services
    42  special  revenue  federal  funds  to  the office of court administration
    43  special revenue other federal iv-e funds account.
    44    13. $10,000,000 from any of the office of children and family services
    45  special revenue federal funds to the office of indigent  legal  services
    46  special revenue other federal iv-e funds account.
    47    General Government:
    48    1.  $9,000,000 from the general fund to the health insurance revolving
    49  fund (55300).
    50    2. $292,400,000  from  the  health  insurance  reserve  receipts  fund
    51  (60550) to the general fund.
    52    3. $150,000 from the general fund to the not-for-profit revolving loan
    53  fund (20650).
    54    4. $150,000 from the not-for-profit revolving loan fund (20650) to the
    55  general fund.

        S. 3005                            80                            A. 3005

     1    5.  $3,000,000  from  the  miscellaneous special revenue fund, surplus
     2  property account (22036), to the general fund.
     3    6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
     4  arrearage account (22024), to the general fund.
     5    7. $3,828,000 from the miscellaneous  special  revenue  fund,  revenue
     6  arrearage  account  (22024),  to the miscellaneous special revenue fund,
     7  authority budget office account (22138).
     8    8. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
     9  account (22007), to the general fund, for the purpose of reimbursing the
    10  costs of debt service related to state parking facilities.
    11    9.  $11,460,000 from the general fund to the agencies internal service
    12  fund, central technology services account (55069), for  the  purpose  of
    13  enterprise technology projects.
    14    10. $10,000,000 from the general fund to the agencies internal service
    15  fund, state data center account (55062).
    16    11.  $12,000,000  from the miscellaneous special revenue fund, parking
    17  account (22007), to the centralized services, building support  services
    18  account (55018).
    19    12.  $33,000,000  from  the general fund to the internal service fund,
    20  business services center account (55022).
    21    13. $9,500,000 from the general fund to  the  internal  service  fund,
    22  building support services account (55018).
    23    14.  $1,500,000 from the combined expendable trust fund, plaza special
    24  events account (20120), to the general fund.
    25    15. $50,000,000 from the New York State cannabis revenue fund  (24800)
    26  to the general fund.
    27    16.  A  transfer  from  the  general fund to the miscellaneous special
    28  revenue fund, New York State Campaign Finance Fund Account  (22211),  up
    29  to an amount equal to total reimbursements due to qualified candidates.
    30    17.  $6,000,000 from the miscellaneous special revenue fund, standards
    31  and purchasing account (22019), to the general fund.
    32    18. $12,400,000 from  the  banking  department  special  revenue  fund
    33  (21970) funded by the assessment to defray operating expenses authorized
    34  by  section  206  of  the financial services law to the IT Modernization
    35  Capital Fund.
    36    19. $12,400,000 from the insurance  department  special  revenue  fund
    37  (21994) funded by the assessment to defray operating expenses authorized
    38  by  section  206  of  the financial services law to the IT Modernization
    39  Capital Fund.
    40    20. $1,550,000 from the pharmacy benefits bureau special revenue  fund
    41  (22255) funded by the assessment to defray operating expenses authorized
    42  by  section  206  of the financial services law, to the IT Modernization
    43  Capital Fund.
    44    21. $4,650,000 from the virtual currency special revenue fund  (22262)
    45  funded  by  the  assessment  to  defray operating expenses authorized by
    46  section 206 of the financial services law, to the IT Modernization Capi-
    47  tal Fund.
    48    Health:
    49    1. A transfer from the general fund to the combined gifts, grants  and
    50  bequests  fund, breast cancer research and education account (20155), up
    51  to an amount equal to the  monies  collected  and  deposited  into  that
    52  account in the previous fiscal year.
    53    2.  A transfer from the general fund to the combined gifts, grants and
    54  bequests  fund,  prostate  cancer  research,  detection,  and  education
    55  account  (20183),  up  to  an  amount  equal to the moneys collected and
    56  deposited into that account in the previous fiscal year.

        S. 3005                            81                            A. 3005

     1    3. A transfer from the general fund to the combined gifts, grants  and
     2  bequests  fund,  Alzheimer's  disease  research  and  assistance account
     3  (20143), up to an amount equal to the  moneys  collected  and  deposited
     4  into that account in the previous fiscal year.
     5    4. $3,600,000 from the miscellaneous special revenue fund, certificate
     6  of  need  account  (21920),  to the miscellaneous capital projects fund,
     7  healthcare IT capital subfund (32216).
     8    5. $4,000,000 from  the  miscellaneous  special  revenue  fund,  vital
     9  health  records  account  (22103), to the miscellaneous capital projects
    10  fund, healthcare IT capital subfund (32216).
    11    6. $6,000,000 from the miscellaneous  special  revenue  fund,  profes-
    12  sional  medical  conduct  account  (22088), to the miscellaneous capital
    13  projects fund, healthcare IT capital subfund (32216).
    14    7. $127,000,000 from the HCRA resources fund (20800)  to  the  capital
    15  projects fund (30000).
    16    8.  $6,550,000  from  the  general  fund to the medical cannabis trust
    17  fund, health operation and oversight account (23755).
    18    9. An amount up to the unencumbered balance from the charitable  gifts
    19  trust  fund, health charitable account (24900), to the general fund, for
    20  payment of general support for primary, preventive, and inpatient health
    21  care, dental and vision care, hunger prevention and nutritional  assist-
    22  ance,  and  other services for New York state residents with the overall
    23  goal of ensuring that New York state residents have  access  to  quality
    24  health care and other related services.
    25    10.  $500,000  from  the  miscellaneous special revenue fund, New York
    26  State cannabis revenue fund (24800), to the miscellaneous special reven-
    27  ue fund, environmental laboratory fee account (21959).
    28    11. An amount up to the unencumbered balance from  the  public  health
    29  emergency  charitable gifts trust fund (23816), to the general fund, for
    30  payment of goods and services necessary to respond to  a  public  health
    31  disaster emergency or to assist or aid in responding to such a disaster.
    32    12.  $1,000,000,000 from the general fund to the health care transfor-
    33  mation fund (24850).
    34    13. $2,590,000 from the miscellaneous special  revenue  fund,  patient
    35  safety center account (22139), to the general fund.
    36    14.  $1,000,000  from  the miscellaneous special revenue fund, nursing
    37  home receivership account (21925), to the general fund.
    38    15. $130,000 from the miscellaneous special revenue fund,  quality  of
    39  care account (21915), to the general fund.
    40    16. $2,200,000 from the miscellaneous special revenue fund, adult home
    41  quality enhancement account (22091), to the general fund.
    42    17.  $17,283,000  from  the general fund, to the miscellaneous special
    43  revenue fund, helen hayes hospital account (22140).
    44    18. $3,672,000 from the general fund,  to  the  miscellaneous  special
    45  revenue fund, New York city veterans' home account (22141).
    46    19.  $2,731,000  from  the  general fund, to the miscellaneous special
    47  revenue fund, New York state home for veterans' and their dependents  at
    48  oxford account (22142).
    49    20.  $1,455,000  from  the  general fund, to the miscellaneous special
    50  revenue fund, western New York veterans' home account (22143).
    51    21. $4,683,000 from the general fund,  to  the  miscellaneous  special
    52  revenue  fund,  New  York  state for veterans in the lower-hudson valley
    53  account (22144).
    54    22. $350,000,000 from the general fund, to the  miscellaneous  special
    55  revenue fund, healthcare stability fund account (22267).

        S. 3005                            82                            A. 3005

     1    23.  $5,000,000 from the general fund to the occupational health clin-
     2  ics account (22177).
     3    24. $88,000 from the miscellaneous special revenue fund, veterans home
     4  assistance  account  (20208), to the miscellaneous special revenue fund,
     5  New York city veterans' home account (22141).
     6    25. $88,000 from the miscellaneous special revenue fund, veterans home
     7  assistance account (20208), to the miscellaneous special  revenue  fund,
     8  New York state home for veterans' and their dependents at oxford account
     9  (22142).
    10    26.  $88,000  from  the  miscellaneous  special revenue fund, veterans
    11  assistance account (20208), to the miscellaneous special  revenue  fund,
    12  western New York veterans' home account (22143).
    13    27.  $88,000  from  the  miscellaneous  special revenue fund, veterans
    14  assistance account (20208), to the miscellaneous special  revenue  fund,
    15  New York state for veterans in the lower-Hudson valley account (22144).
    16     28.  $88,000  from  the  miscellaneous special revenue fund, veterans
    17  assistance account (20208), to the state university  income  fund,  Long
    18  Island Veterans' Home Account (22652).
    19    Labor:
    20    1.  $600,000  from the miscellaneous special revenue fund, DOL fee and
    21  penalty account (21923), to the child performer's protection fund, child
    22  performer protection account (20401).
    23    2. $11,700,000 from the unemployment insurance  interest  and  penalty
    24  fund,  unemployment  insurance  special  interest  and  penalty  account
    25  (23601), to the general fund.
    26    3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
    27  ment insurance special interest and penalty account (23601), and  public
    28  work enforcement account (21998), to the general fund.
    29    4.  $850,000 from the miscellaneous special revenue fund, DOL elevator
    30  safety program fund (22252) to the miscellaneous special  revenue  fund,
    31  DOL fee and penalty account (21923).
    32    5. $4,000,000 from the miscellaneous special revenue fund, DOL fee and
    33  penalty  account (21923), to the Training and Education Program on Occu-
    34  pation Safety and Health Fund, OSHA Inspection Account (21252).
    35    6. $8,000,000 from the miscellaneous special revenue fund, DOL fee and
    36  penalty account (21923), to the Training and Education Program on  Occu-
    37  pation  Safety  and  Health  Fund,  OSHA  Training and Education Account
    38  (21251).
    39    7. $22,000,000 from the miscellaneous special revenue  fund,  Interest
    40  and  Penalty  Account  (23601), to the Training and Education Program on
    41  Occupation Safety and Health Fund, OSHA Training and  Education  Account
    42  (21251).
    43    8. $5,000,000 from the miscellaneous special revenue fund, Public Work
    44  Enforcement  account  (21998),  to the Training and Education Program on
    45  Occupation Safety and Health Fund, OSHA Training and  Education  Account
    46  (21251).
    47    9.  $250,000,000  from  the general fund to the enterprise fund, unem-
    48  ployment insurance benefit fund, interest assessment account (50651).
    49    Mental Hygiene:
    50    1. $2,000,000 from the general fund, to the mental hygiene  facilities
    51  capital improvement fund (32300).
    52    2.  $20,000,000 from the opioid settlement fund (23817) to the miscel-
    53  laneous  capital  projects  fund,  opioid  settlement  capital   account
    54  (32200).

        S. 3005                            83                            A. 3005

     1    3.  $20,000,000  from  the miscellaneous capital projects fund, opioid
     2  settlement  capital  account  (32200)  to  the  opioid  settlement  fund
     3  (23817).
     4    Public Protection:
     5    1.  $2,587,000  from  the  general  fund  to the miscellaneous special
     6  revenue fund, recruitment incentive account (22171).
     7    2. $23,773,000 from the general fund to  the  correctional  industries
     8  revolving   fund,   correctional  industries  internal  service  account
     9  (55350).
    10    3. $2,000,000,000 from any of the division of  homeland  security  and
    11  emergency services special revenue federal funds to the general fund.
    12    4.  $115,420,000  from  the state police motor vehicle law enforcement
    13  and motor vehicle theft  and  insurance  fraud  prevention  fund,  state
    14  police  motor  vehicle  enforcement account (22802), to the general fund
    15  for state operation expenses of the division of state police.
    16    5. $138,272,000 from the general fund to the  correctional  facilities
    17  capital improvement fund (32350).
    18    6.  $5,000,000  from  the  general  fund  to the dedicated highway and
    19  bridge trust fund (30050) for the purpose of work zone safety activities
    20  provided by the division of state police for the department of transpor-
    21  tation.
    22    7. $10,000,000 from the miscellaneous special revenue fund,  statewide
    23  public  safety  communications  account (22123), to the capital projects
    24  fund (30000).
    25    8. $9,830,000 from  the  miscellaneous  special  revenue  fund,  legal
    26  services assistance account (22096), to the general fund.
    27    9.  $1,000,000  from the general fund to the agencies internal service
    28  fund, neighborhood work project account (55059).
    29    10. $7,980,000 from the miscellaneous special  revenue  fund,  finger-
    30  print identification & technology account (21950), to the general fund.
    31    11. $1,100,000 from the state police motor vehicle law enforcement and
    32  motor  vehicle  theft and insurance fraud prevention fund, motor vehicle
    33  theft and insurance fraud account (22801), to the general fund.
    34    12. $38,938,000 from the general fund  to  the  miscellaneous  special
    35  revenue fund, criminal justice improvement account (21945).
    36    13.  $6,000,000  from  the  general  fund to the miscellaneous special
    37  revenue fund, hazard mitigation revolving loan account (22266).
    38    14. $234,000,000 from the indigent legal services fund, indigent legal
    39  services account (23551) to the general fund.
    40    Transportation:
    41    1. $20,000,000 from the general fund to the mass transportation  oper-
    42  ating  assistance  fund, public transportation systems operating assist-
    43  ance account (21401), of which $12,000,000 constitutes the base need for
    44  operations.
    45    2. $727,500,000 from the general fund to  the  dedicated  highway  and
    46  bridge trust fund (30050).
    47    3.  $244,250,000 from the general fund to the MTA financial assistance
    48  fund, mobility tax trust account (23651).
    49    4. $477,000 from the miscellaneous special revenue fund, traffic adju-
    50  dication account (22055), to the general fund.
    51    5. $5,000,000 from the miscellaneous special revenue fund, transporta-
    52  tion regulation account (22067) to the general fund,  for  disbursements
    53  made  from  such fund for motor carrier safety that are in excess of the
    54  amounts deposited in the general  fund  for  such  purpose  pursuant  to
    55  section 94 of the transportation law.
    56    Miscellaneous:

        S. 3005                            84                            A. 3005

     1    1. $250,000,000 from the general fund to any funds or accounts for the
     2  purpose of reimbursing certain outstanding accounts receivable balances.
     3    2.  $500,000,000  from  the general fund to the debt reduction reserve
     4  fund (40000).
     5    3. $450,000,000 from the New York state storm  recovery  capital  fund
     6  (33000) to the revenue bond tax fund (40152).
     7    4.  $15,500,000  from  the general fund, community projects account GG
     8  (10256), to the general fund, state purposes account (10050).
     9    5. $100,000,000 from any special revenue federal fund to  the  general
    10  fund, state purposes account (10050).
    11    6.  An  amount up to the unencumbered balance from the special revenue
    12  federal fund, ARPA-Fiscal Recovery Fund (25546) to the general fund.
    13    7. $1,000,000,000 from the general fund to the hazardous waste cleanup
    14  account (31506), State parks infrastructure  account  (30351),  environ-
    15  mental protection fund transfer account (30451), the correctional facil-
    16  ities capital improvement fund (32350), housing program fund (31850), or
    17  the Mental hygiene facilities capital improvement fund (32300), up to an
    18  amount equal to certain outstanding accounts receivable balances.
    19    §  4.  Notwithstanding any law to the contrary, and in accordance with
    20  section 4 of the state finance law, the comptroller is hereby authorized
    21  and directed to transfer, on or before March 31, 2026:
    22    1. Upon request of the commissioner of environmental conservation,  up
    23  to  $12,745,400 from revenues credited to any of the department of envi-
    24  ronmental conservation special revenue funds, including $4,000,000  from
    25  the  environmental  protection  and oil spill compensation fund (21200),
    26  and $1,834,600 from the conservation fund (21150), to the  environmental
    27  conservation special revenue fund, indirect charges account (21060).
    28    2.  Upon request of the commissioner of agriculture and markets, up to
    29  $3,000,000 from any special revenue fund or enterprise fund  within  the
    30  department of agriculture and markets to the general fund, to pay appro-
    31  priate administrative expenses.
    32    3.  Upon  request  of  the commissioner of the division of housing and
    33  community renewal, up to $6,221,000 from revenues credited to any  divi-
    34  sion  of  housing and community renewal federal or miscellaneous special
    35  revenue fund to the miscellaneous special revenue fund, housing indirect
    36  cost recovery account (22090).
    37    4. Upon request of the commissioner of the  division  of  housing  and
    38  community  renewal, up to $5,500,000 may be transferred from any miscel-
    39  laneous special revenue  fund  account,  to  any  miscellaneous  special
    40  revenue fund.
    41    5.  Upon  request of the commissioner of health up to $13,694,000 from
    42  revenues credited to any of the department of health's  special  revenue
    43  funds, to the miscellaneous special revenue fund, administration account
    44  (21982).
    45    6.  Upon  the  request  of the attorney general, up to $5,000,000 from
    46  revenues credited to the federal health and human services fund, federal
    47  health and human services account (25117) or the  miscellaneous  special
    48  revenue  fund,  recoveries and revenue account (22041), to the miscella-
    49  neous special revenue fund, litigation  settlement  and  civil  recovery
    50  account (22117).
    51    § 5. On or before March 31, 2026, the comptroller is hereby authorized
    52  and  directed  to  deposit  earnings  that would otherwise accrue to the
    53  general fund that are attributable to the operation of section  98-a  of
    54  the  state  finance  law, to the agencies internal service fund, banking
    55  services account (55057), for the purpose  of  meeting  direct  payments
    56  from such account.

        S. 3005                            85                            A. 3005

     1    §  6.  Notwithstanding any law to the contrary, and in accordance with
     2  section 4 of the state finance law, the comptroller is hereby authorized
     3  and directed to transfer, upon request of the director of the budget and
     4  upon consultation with the state university chancellor or  their  desig-
     5  nee,  on  or  before  March  31,  2026, up to $16,000,000 from the state
     6  university income fund general revenue  account  (22653)  to  the  state
     7  general  fund for debt service costs related to campus supported capital
     8  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
     9  University at Buffalo.
    10    §  7.  Notwithstanding any law to the contrary, and in accordance with
    11  section 4 of the state finance law, the comptroller is hereby authorized
    12  and directed to transfer, upon request of the director of the budget and
    13  upon consultation with the state university chancellor or  their  desig-
    14  nee,  on  or  before  March  31,  2026,  up to $6,500,000 from the state
    15  university income fund general revenue  account  (22653)  to  the  state
    16  general  fund for debt service costs related to campus supported capital
    17  project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
    18  University at Albany.
    19    §  8.  Notwithstanding  any  law to the contrary, the state university
    20  chancellor or their designee is  authorized  and  directed  to  transfer
    21  estimated  tuition revenue balances from the state university collection
    22  fund (61000) to the  state  university  income  fund,  state  university
    23  general revenue offset account (22655) on or before March 31, 2026.
    24    § 8-a. Notwithstanding any law to the contrary, and in accordance with
    25  section 4 of the state finance law, the comptroller is hereby authorized
    26  and  directed to transfer, upon request of the director of the budget, a
    27  total of up to $100,000,000 from the general fund to the state universi-
    28  ty income fund, state university general revenue offset account  (22655)
    29  and/or  the  state  university  income  fund, state university hospitals
    30  income reimbursable account (22656)  during  the  period  July  1,  2025
    31  through  June 30, 2026 to pay costs attributable to the state university
    32  health science center at Brooklyn and/or the  state  university  of  New
    33  York  hospital at Brooklyn, respectively, pursuant to a plan approved by
    34  the director of the budget.
    35    § 9. Notwithstanding any law to the contrary, and in  accordance  with
    36  section 4 of the state finance law, the comptroller is hereby authorized
    37  and directed to transfer, upon request of the director of the budget, up
    38  to  $1,513,098,500  from the general fund to the state university income
    39  fund, state university general revenue offset account (22655) during the
    40  period of July 1, 2025 through June 30, 2026 to  support  operations  at
    41  the state university.
    42    §  10. Notwithstanding any law to the contrary, and in accordance with
    43  section 4 of the state finance law, the comptroller is hereby authorized
    44  and directed to transfer, upon request of the director of the budget, up
    45  to $55,848,000 from the general fund  to  the  state  university  income
    46  fund, state university general revenue offset account (22655) during the
    47  period  of  July  1,  2025  to  June 30, 2026 for general fund operating
    48  support pursuant to subparagraph (4-b) of paragraph h of  subdivision  2
    49  of section three hundred fifty-five of the education law.
    50    §  11.  Notwithstanding any law to the contrary, upon the direction of
    51  the director of the budget and the chancellor of the state university of
    52  New York or their designee, and in accordance  with  section  4  of  the
    53  state  finance law, the comptroller is hereby authorized and directed to
    54  transfer monies from any special revenue fund of the state university of
    55  New York to the state university of New York green energy loan fund  for
    56  the  discrete  purposes of the state university of New York green energy

        S. 3005                            86                            A. 3005

     1  loan fund and from the state university of New York  green  energy  loan
     2  fund  to any special revenue fund of the state university of New York to
     3  support such activity in an amount not to exceed $25,000,000  from  each
     4  fund for the time period of July 1 to June 30 annually.
     5    §  12. Notwithstanding any law to the contrary, and in accordance with
     6  section 4 of the state finance law, the comptroller is hereby authorized
     7  and directed to transfer, upon request of the state university  chancel-
     8  lor  or  their  designee,  up  to  $55,000,000 from the state university
     9  income fund, state  university  hospitals  income  reimbursable  account
    10  (22656),  for  services  and expenses of hospital operations and capital
    11  expenditures at the state university hospitals; and the state university
    12  income fund, Long Island veterans' home account  (22652)  to  the  state
    13  university capital projects fund (32400) on or before June 30, 2026.
    14    §  13. Notwithstanding any law to the contrary, and in accordance with
    15  section 4 of the state finance law, the comptroller, after  consultation
    16  with  the  state  university  chancellor  or  their  designee, is hereby
    17  authorized and directed to transfer moneys, in the first instance,  from
    18  the  state  university  collection fund, Stony Brook hospital collection
    19  account (61006), Brooklyn hospital collection account (61007), and Syra-
    20  cuse hospital collection account (61008) to the state university  income
    21  fund,  state university hospitals income reimbursable account (22656) in
    22  the event insufficient funds  are  available  in  the  state  university
    23  income  fund,  state  university  hospitals  income reimbursable account
    24  (22656) to permit the full transfer of moneys authorized  for  transfer,
    25  to  the  general  fund  for  payment of debt service related to the SUNY
    26  hospitals. Notwithstanding any law to the contrary, the  comptroller  is
    27  also  hereby  authorized and directed, after consultation with the state
    28  university chancellor or their designee, to  transfer  moneys  from  the
    29  state  university income fund to the state university income fund, state
    30  university hospitals income reimbursable account (22656)  in  the  event
    31  insufficient  funds  are  available in the state university income fund,
    32  state university hospitals income reimbursable account  (22656)  to  pay
    33  hospital  operating  costs  or  to  permit  the  full transfer of moneys
    34  authorized for transfer, to the general fund for payment of debt service
    35  related to the SUNY hospitals on or before March 31, 2026.
    36    § 14. Notwithstanding any law to the contrary, upon the  direction  of
    37  the director of the budget and the chancellor of the state university of
    38  New  York  or  their  designee,  and in accordance with section 4 of the
    39  state finance law, the comptroller is hereby authorized and directed  to
    40  transfer  monies from the state university dormitory income fund (40350)
    41  to the state university residence hall rehabilitation fund (30100),  and
    42  from  the state university residence hall rehabilitation fund (30100) to
    43  the state university dormitory income fund (40350), in an amount not  to
    44  exceed $125 million from each fund.
    45    §  15. Notwithstanding any law to the contrary, and in accordance with
    46  section 4 of the state finance law, the comptroller is hereby authorized
    47  and directed to transfer, at the request of the director of the  budget,
    48  up to $1,000,000,000 from the unencumbered balance of any special reven-
    49  ue  fund  or  account,  agency fund or account, internal service fund or
    50  account, enterprise fund or account, or any combination  of  such  funds
    51  and  accounts,  to the general fund. The amounts transferred pursuant to
    52  this authorization shall be in addition to any other transfers expressly
    53  authorized in the 2025-26 budget. Transfers  from  federal  funds,  debt
    54  service  funds,  capital projects funds, the community projects fund, or
    55  funds that would result in the loss of eligibility for federal  benefits
    56  or federal funds pursuant to federal law, rule, or regulation as assent-

        S. 3005                            87                            A. 3005

     1  ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
     2  1951 are not permitted pursuant to this authorization.
     3    §  16. Notwithstanding any law to the contrary, and in accordance with
     4  section 4 of the state finance law, the comptroller is hereby authorized
     5  and directed to transfer, at the request of the director of the  budget,
     6  up  to $100 million from any non-general fund or account, or combination
     7  of funds and accounts, to the miscellaneous special revenue fund,  tech-
     8  nology  financing  account  (22207),  the miscellaneous capital projects
     9  fund, the federal capital projects account (31350), information technol-
    10  ogy capital financing account (32215),  or  the  centralized  technology
    11  services  account  (55069),  for the purpose of consolidating technology
    12  procurement and services. The amounts transferred to  the  miscellaneous
    13  special  revenue  fund, technology financing account (22207) pursuant to
    14  this authorization shall be equal to or less than  the  amount  of  such
    15  monies  intended  to  support  information  technology  costs  which are
    16  attributable, according to a plan, to such account made in pursuance  to
    17  an  appropriation  by law. Transfers to the technology financing account
    18  shall be completed  from  amounts  collected  by  non-general  funds  or
    19  accounts  pursuant  to a fund deposit schedule or permanent statute, and
    20  shall be transferred to the technology financing account pursuant  to  a
    21  schedule agreed upon by the affected agency commissioner. Transfers from
    22  funds  that would result in the loss of eligibility for federal benefits
    23  or federal funds pursuant to federal law, rule, or regulation as assent-
    24  ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws  of
    25  1951 are not permitted pursuant to this authorization.
    26    §  17. Notwithstanding any law to the contrary, and in accordance with
    27  section 4 of the state finance law, the comptroller is hereby authorized
    28  and directed to transfer, at the request of the director of the  budget,
    29  up  to $400 million from any non-general fund or account, or combination
    30  of funds and accounts, to the general fund for the  purpose  of  consol-
    31  idating  technology  procurement  and  services. The amounts transferred
    32  pursuant to this authorization shall be equal to or less than the amount
    33  of such monies intended to support information  technology  costs  which
    34  are attributable, according to a plan, to such account made in pursuance
    35  to  an  appropriation  by  law.  Transfers  to the general fund shall be
    36  completed from amounts collected by non-general funds or accounts pursu-
    37  ant to a fund deposit schedule.  Transfers from funds that would  result
    38  in  the loss of eligibility for federal benefits or federal funds pursu-
    39  ant to federal law, rule, or regulation as assented to in chapter 683 of
    40  the laws of 1938 and chapter 700 of the laws of 1951 are  not  permitted
    41  pursuant to this authorization.
    42    §  18. Notwithstanding any provision of law to the contrary, as deemed
    43  feasible and advisable by its trustees, the power authority of the state
    44  of New York is authorized and directed to transfer to the state treasury
    45  to the credit of the general fund up to $10,000,000 for the state fiscal
    46  year commencing April 1, 2025, the proceeds of which will be utilized to
    47  support energy-related state activities.
    48    § 19. Notwithstanding any provision of law to the contrary, as  deemed
    49  feasible and advisable by its trustees, the power authority of the state
    50  of New York is authorized to transfer to the state treasury to the cred-
    51  it  of  the  general  fund  up  to $25,000,000 for the state fiscal year
    52  commencing April 1, 2025, the proceeds of  which  will  be  utilized  to
    53  support  programs established or implemented by or within the department
    54  of labor, including but not limited to the office of just energy transi-
    55  tion and programs for workforce  training  and  retraining,  to  prepare
    56  workers for employment for work in the renewable energy field.

        S. 3005                            88                            A. 3005

     1    §  20. Notwithstanding any provision of law, rule or regulation to the
     2  contrary, the New York state energy research and  development  authority
     3  is  authorized and directed to contribute $913,000 to the state treasury
     4  to the credit of the general fund on or before March 31, 2026.
     5    §  21. Notwithstanding any provision of law, rule or regulation to the
     6  contrary, the New York state energy research and  development  authority
     7  is authorized and directed to transfer five million dollars to the cred-
     8  it of the Environmental Protection Fund on or before March 31, 2026 from
     9  proceeds  collected  by the authority from the auction or sale of carbon
    10  dioxide emission allowances allocated by the department of environmental
    11  conservation.
    12    § 22. Section 56 of part XX of chapter 56 of the laws of 2024,  amend-
    13  ing  the  state finance law and other laws relating to providing for the
    14  administration of certain funds and accounts related  to  the  2023-2024
    15  budget,  authorizing  certain payments and transfers, is amended to read
    16  as follows:
    17    § 56. This act shall take effect immediately and shall  be  deemed  to
    18  have been in full force and effect on and after April 1, 2024; provided,
    19  however,  that  the  provisions of sections one, two, three, four, five,
    20  six, seven, eight,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,
    21  nineteen,  twenty,  twenty-one,  twenty-two, [twenty-three,] and twenty-
    22  four of this act shall expire March 31,  2025;  and  provided,  further,
    23  that  sections twenty-five and twenty-six of this act shall expire March
    24  31, 2027, when upon such dates the provisions of such sections shall  be
    25  deemed repealed.
    26    §  23.  Subdivision  5  of section 97-rrr of the state finance law, as
    27  amended by section 23 of part XX of chapter 56 of the laws of  2024,  is
    28  amended to read as follows:
    29    5. Notwithstanding the provisions of section one hundred seventy-one-a
    30  of  the  tax law, as separately amended by chapters four hundred eighty-
    31  one and four hundred eighty-four of the laws of nineteen hundred  eight-
    32  y-one,  and notwithstanding the provisions of chapter ninety-four of the
    33  laws of two thousand eleven, or any  other  provisions  of  law  to  the
    34  contrary,  during  the  fiscal  year beginning April first, two thousand
    35  [twenty-four] twenty-five, the state comptroller  is  hereby  authorized
    36  and  directed  to  deposit  to the fund created pursuant to this section
    37  from amounts collected pursuant to article twenty-two of the tax law and
    38  pursuant to a schedule submitted by the director of the  budget,  up  to
    39  [$1,575,393,000]  $1,396,911,000 as may be certified in such schedule as
    40  necessary to meet the purposes of such fund for the fiscal  year  begin-
    41  ning April first, two thousand [twenty-four] twenty-five.
    42    §  24.  The  opening paragraph of subdivision 3 of section 93-b of the
    43  state finance law, as amended by section 23 of part JJJ of chapter 59 of
    44  the laws of 2021, is amended to read as follows:
    45    Notwithstanding any other provisions of law to the contrary, [commenc-
    46  ing on April first, two  thousand  twenty-one,  and  continuing  through
    47  March thirty-first, two thousand twenty-five,] the comptroller is hereby
    48  authorized  to transfer monies from the dedicated infrastructure invest-
    49  ment fund to the general fund, and from the general fund  to  the  dedi-
    50  cated  infrastructure  investment  fund,  in an amount determined by the
    51  director of the budget to the extent moneys are available in  the  fund;
    52  provided,  however,  that the comptroller is only authorized to transfer
    53  monies from the dedicated infrastructure investment fund to the  general
    54  fund  in the event of an economic downturn as described in paragraph (a)
    55  of this subdivision; and/or to fulfill disallowances and/or  settlements
    56  related  to  over-payments  of federal medicare and medicaid revenues in

        S. 3005                            89                            A. 3005

     1  excess of one hundred million dollars from anticipated levels, as deter-
     2  mined by the director of the budget and described in  paragraph  (b)  of
     3  this subdivision.
     4    §  25.  Subdivision  2  of  section  8-b  of  the state finance law is
     5  REPEALED.
     6    § 26. Notwithstanding any law to  the  contrary,  the  comptroller  is
     7  hereby authorized and directed to transfer, upon request of the director
     8  of  the  budget, on or before March 31, 2026, the following amounts from
     9  the following special revenue accounts  to  the  capital  projects  fund
    10  (30000),  for  the  purposes  of reimbursement to such fund for expenses
    11  related to the maintenance and preservation of state assets:
    12    1. $43,000 from the miscellaneous special revenue fund, administrative
    13  program account (21982).
    14    2. $1,583,110 from the miscellaneous special revenue fund, helen hayes
    15  hospital account (22140).
    16    3. $488,220 from the miscellaneous special revenue fund, New York city
    17  veterans' home account (22141).
    18    4. $610,790 from the miscellaneous  special  revenue  fund,  New  York
    19  state home for veterans' and their dependents at oxford account (22142).
    20    5.  $182,310  from the miscellaneous special revenue fund, western New
    21  York veterans' home account (22143).
    22    6. $422,524 from the miscellaneous  special  revenue  fund,  New  York
    23  state for veterans in the lower-hudson valley account (22144).
    24    7.  $2,550,000  from  the  miscellaneous  special revenue fund, patron
    25  services account (22163).
    26    8. $11,909,000 from the  miscellaneous  special  revenue  fund,  state
    27  university general income reimbursable account (22653).
    28    9.  $182,988,000  from  the  miscellaneous special revenue fund, state
    29  university revenue offset account (22655).
    30    10. $55,103,000 from the state university dormitory income fund, state
    31  university dormitory income fund (40350).
    32    11. $1,000,000 from the miscellaneous special revenue fund, litigation
    33  settlement and civil recovery account (22117).
    34    § 27. Section 89-g of the state finance law is REPEALED.
    35    § 28. Section 22 of the state finance law, as amended by  chapter  762
    36  of  the laws of 1992, subdivisions 1-c, 14, 15 and 16 as added and para-
    37  graphs d-2, e, e-2 and i of subdivision 3 and subdivision 4  as  amended
    38  by  chapter 1 of the laws of 2007, paragraphs a-1, a-2 and a-3 of subdi-
    39  vision 3 as added by chapter 10 of the laws  of  2006,  paragraph  j  of
    40  subdivision 3 as added by chapter 453 of the laws of 2015, subdivision 9
    41  as  amended by chapter 260 of the laws of 1993 and subdivisions 5, 6, 7,
    42  8, 9, 10, 11, 12 and 13 as renumbered by section 2 of part F of  chapter
    43  389 of the laws of 1997, is amended to read as follows:
    44    §  22.  The  budget;  contents.  The  budget submitted annually by the
    45  governor to the legislature, in accordance with  article  seven  of  the
    46  constitution,  in  addition to the information required by the constitu-
    47  tion to be set forth therein, shall:
    48    1. include a summary financial plan showing for each  of  the  govern-
    49  mental fund types: (a) the disbursements estimated to be made before the
    50  close  of  the current fiscal year and the moneys estimated to be avail-
    51  able from receipts and other sources therefor; and (b) the disbursements
    52  proposed to be made during the ensuing fiscal year, and the moneys esti-
    53  mated to be available from receipts and other sources therefor inclusive
    54  of any receipts which are expected to result from  proposed  legislation
    55  which  [he]  the governor deems necessary to provide receipts sufficient
    56  to meet such proposed disbursements. For the purposes  of  this  summary

        S. 3005                            90                            A. 3005

     1  financial  plan,  disbursements  shall  be  presented  by  the following
     2  purposes: state  purposes,  local  assistance,  capital  projects,  debt
     3  service, and general state charges; receipts shall be presented for each
     4  fund  type  by  each  revenue source which accounts for at least one per
     5  centum of all such receipts  and  otherwise  by  categories  of  revenue
     6  sources;  receipts  and disbursements for special revenue funds shall be
     7  presented separately for federal funds and  all  other  special  revenue
     8  funds.  Whenever receipts or disbursements are proposed to be moved to a
     9  different fund type, each significant amount so moved shall  be  identi-
    10  fied.
    11    1-a.  within  ten days following the submission of the financial plans
    12  presented in accordance with subdivision one of this section, the direc-
    13  tor of the budget shall submit to the chairs of the senate  finance  and
    14  the  assembly  ways  and  means  committees  and the comptroller summary
    15  financial plans of receipts and disbursements for the internal  service,
    16  enterprise, and fiduciary fund types.
    17    1-b.  within  ten days of the submission of the financial plan for the
    18  special revenue fund type, the director of the budget  shall  submit  to
    19  the  chairs of the senate finance and assembly ways and means committees
    20  a schedule of receipts and disbursements by account within each  special
    21  revenue  fund,  excluding  those which are financed primarily by federal
    22  grants.
    23    1-c. within ten days following the submission of the  financial  plans
    24  presented in accordance with subdivision one of this section, the direc-
    25  tor  of  the budget shall submit to the chairs of the senate finance and
    26  the assembly ways and means committees and the comptroller  an  estimate
    27  of  the  fiscal  impact  of the executive budget general fund changes on
    28  local governments and, where practicable, the  fiscal  impact  on  local
    29  governments  of  the  executive  budget  all fund changes concerning the
    30  medicaid program, homeland security program,  and  workforce  investment
    31  programs.  Such estimate shall be presented by class of local government
    32  and shall measure all of the impacts of the executive budget,  including
    33  aid program changes, reimbursement changes, statutory changes in author-
    34  izations  for  local  taxation,  mandates on local governments and other
    35  requirements. Such estimate shall show the impact on  local  governments
    36  by  local  fiscal  years affected and shall cover the first local fiscal
    37  year affected as well as the ensuing local  fiscal  year.    Where  such
    38  estimate  depends  on  any  local  option  or action, the estimate shall
    39  explicitly describe the assumptions used to calculate the estimate. When
    40  under existing law a local tax option or program would end and the exec-
    41  utive budget proposes the continuation  thereof,  the  impact  shall  be
    42  identified  as a "deferral of sunset" and shall be calculated as a sepa-
    43  rate component of such estimate.
    44    2. [include a summary financial plan showing for each of  the  govern-
    45  mental  fund types: (a) all of the expenditures estimated to be made, in
    46  accordance with generally accepted  accounting  principles,  before  the
    47  close of the current fiscal year and all of the expenditures proposed to
    48  be  made,  in  accordance with generally accepted accounting principles,
    49  during the ensuing fiscal year; and (b) all of the revenues estimated to
    50  accrue, in accordance with  generally  accepted  accounting  principles,
    51  before  the  close  of  the  current  fiscal year and during the ensuing
    52  fiscal year inclusive of any revenues which are expected to result  from
    53  the  proposed  legislation  which he deems necessary to provide receipts
    54  sufficient to meet proposed disbursements.  For  the  purposes  of  this
    55  summary financial plan, expenditures shall be presented by the following
    56  purposes:  state  purposes,  local  assistance,  capital  projects, debt

        S. 3005                            91                            A. 3005

     1  service, and general state charges; and revenues shall be  presented  by
     2  each  revenue  source  which accounts for at least one per centum of all
     3  such revenues and otherwise by categories of revenue sources.
     4    3.]  show  for  each  fund type (unless otherwise specified) in a form
     5  suitable for comparison:
     6    a.  The  appropriations,  including  reappropriations,  made  for  the
     7  current fiscal year, the appropriations and reappropriations recommended
     8  for  the  ensuing  fiscal  year,  the disbursements estimated to be made
     9  before the close of the current fiscal year  and  proposed  to  be  made
    10  during  the  ensuing  fiscal  year  based upon available and recommended
    11  appropriations and reappropriations. Disbursements proposed to  be  made
    12  shall  be  shown  in  separate  parts  as  follows:  those disbursements
    13  proposed to be made for state purposes shall be set forth in  one  part,
    14  those  disbursements  proposed  to be made for local assistance shall be
    15  set forth in another separate and  distinct  part,  those  disbursements
    16  proposed  to  be made for capital projects shall be set forth in a third
    17  separate and distinct part and those disbursements proposed to  be  made
    18  for  debt  service  shall be set forth in a fourth separate and distinct
    19  part. The effect of any proposed changes in the payment dates of partic-
    20  ular disbursements on the financial plan presented  in  accordance  with
    21  subdivision one of this section shall be set forth separately.
    22    a-1.  For each state agency, the appropriations, including reappropri-
    23  ations, made for the current fiscal year and recommended for the ensuing
    24  fiscal year for contracts for services made for state purposes.
    25    a-2. For each state agency, the disbursements  estimated  to  be  made
    26  before  the  close  of  the  current fiscal year and proposed to be made
    27  during the ensuing fiscal year for contracts for services made for state
    28  purposes.
    29    a-3. For each state agency, the estimated number  of  employees  hired
    30  for the current fiscal year and anticipated to be hired during the ensu-
    31  ing  fiscal  year  pursuant  to  contracts  for  services made for state
    32  purposes based upon annual employment reports submitted  by  contractors
    33  pursuant to section one hundred sixty-three of this chapter.
    34    b.  In separate sections for each fund type, the receipts actually had
    35  and received during the preceding fiscal year, the receipts estimated to
    36  be available and received during the current and  ensuing  fiscal  years
    37  respectively  listed  by  each  major  source, including statistical and
    38  summary tables and a  narrative  which  includes  a  discussion  of  the
    39  assumptions used in estimating such receipts. The effect of any proposed
    40  changes  in  the rates, bases, payment dates or other aspects of partic-
    41  ular sources of receipts on the financial plan presented  in  accordance
    42  with  subdivision  one of this section shall be set forth separately and
    43  the assumptions used in calculating such effect. Whenever a new fee or a
    44  new financing mechanism is proposed,  a  schedule  of  the  new  fee  or
    45  financing mechanism shall be included for purposes of showing the effect
    46  of the new fee or financing mechanism on the financial plan.
    47    c. [The expenditures estimated to be made in accordance with generally
    48  accepted  accounting  principles  before the close of the current fiscal
    49  year and proposed to be  made  in  accordance  with  generally  accepted
    50  accounting principles during the ensuing fiscal year. Expenditures esti-
    51  mated  and  proposed  to  be  made  shall  be shown in separate parts as
    52  follows: those expenditures for state purposes shall be set forth in one
    53  part, those expenditures for local assistance  shall  be  set  forth  in
    54  another  separate  and  distinct  part,  those  expenditures for capital
    55  projects shall be set forth in a third separate and distinct  part,  and

        S. 3005                            92                            A. 3005

     1  those expenditures for debt service shall be set forth in a fourth sepa-
     2  rate and distinct part.
     3    d.  The  revenues  actually  accrued in the preceding fiscal year, the
     4  revenues estimated to accrue during current  and  ensuing  fiscal  years
     5  respectively.  Revenues  from  each tax shall be shown both in total and
     6  net of refunds.
     7    d-1. A schedule for the general fund showing the  differences  between
     8  projected  operating  results  on a cash basis and those on the basis of
     9  generally accepted accounting principles.
    10    d-2.] Within ten days following the submission of the financial  plans
    11  presented in accordance with [subdivisions] subdivision one [and two] of
    12  this section, the director of the budget shall submit to the comptroller
    13  and the chairs of the senate finance committee and the assembly ways and
    14  means committee:
    15    (i)  a  detailed  schedule  by  fund of the receipts and disbursements
    16  comprising such summary financial plan;
    17    (ii) [a schedule for each governmental fund type other than the gener-
    18  al fund showing the differences between projected operating results on a
    19  cash basis and those on the basis of generally accepted accounting prin-
    20  ciples;
    21    (iii) a detailed schedule by fund of revenues and expenditures  within
    22  the general fund;
    23    (iv)]  a  detailed schedule by fund of receipts for the prior, current
    24  and next three fiscal years.  Such  schedule  shall  present  the  major
    25  revenue  sources for each fund, including detail for each major tax, and
    26  major components of miscellaneous receipts; and
    27    [(v)] (iii) an itemized list of transfers  to  and  from  the  general
    28  fund.
    29    [e.]  d.  The  anticipated  general fund quarterly schedule and fiscal
    30  year total for the prior, current and  next  ensuing  fiscal  years  of:
    31  disbursements;  receipts; repayments of advances; total tax refunds; and
    32  refunds for the tax imposed under article twenty-two  of  the  tax  law.
    33  Such  information  shall  be  presented  in the same form as the summary
    34  financial plans presented in accordance with [subdivisions]  subdivision
    35  one  [and  two]  of  this  section. A separate, detailed, report of such
    36  schedule shall be provided with receipts shown  by  each  major  revenue
    37  category,  including  detail  for each major tax and major components of
    38  miscellaneous receipts, and with disbursements shown by  major  function
    39  or  program.  The  director  of  the division of the budget shall submit
    40  concurrent with the submission of the financial plan to the  legislature
    41  pursuant  to  subdivision [two] one of this section and with each update
    42  thereafter a revised  monthly  general  fund  cash  flow  projection  of
    43  receipts  and  disbursements  for  the  current  fiscal  year  that: (1)
    44  compares actual results to (i) actual results through  the  same  period
    45  for  the  prior year and (ii) the most recent prior update to the finan-
    46  cial plan and to the enacted budget financial plan; (2)  summarizes  the
    47  reasons  for  any variances; and (3) describes the revisions to the cash
    48  flow projections. The monthly general fund cash flow projection shall be
    49  stated by major category of local assistance, personal service,  nonper-
    50  sonal  service,  general  state  charges, and debt service, and by major
    51  category of revenue. Such reports shall  utilize  a  format  that  shall
    52  facilitate  comparison  and analysis with those reports submitted to the
    53  legislature by the office of audit and control pursuant  to  subdivision
    54  nine of section eight of this chapter.
    55    [e-1.]  d-1. Within ten days following the submission of the financial
    56  plans presented in accordance with [subdivisions] subdivision  one  [and

        S. 3005                            93                            A. 3005

     1  two]  of  this section, the anticipated general fund monthly and govern-
     2  mental fund types quarterly schedule and fiscal year total for the ensu-
     3  ing fiscal year of:   disbursements; receipts; repayments  of  advances;
     4  total  tax  refunds; and refunds for the tax imposed under article twen-
     5  ty-two of the tax law.  Such information shall be presented in the  same
     6  form as the summary financial plans presented in accordance with [subdi-
     7  visions] subdivision one [and two] of this section.
     8    [e-2.]  d-2. A description of employment levels for each state depart-
     9  ment, division or office, for the prior, current and next ensuing fiscal
    10  year containing:
    11    (1) separate schedules for each fund type; and
    12    (2) an all funds summary. Such information shall  be  presented  in  a
    13  form  that  facilitates  comparisons  among  agencies  and across fiscal
    14  years, and shall include:
    15    (i) actual and projected full-time equivalents; and
    16    (ii) proposed changes to the  work  force  in  the  executive  budget,
    17  including  but  not  limited  to: new positions, layoffs, attrition, and
    18  changes in funding sources. To the extent practicable, the  division  of
    19  the  budget shall facilitate the provision of other relevant information
    20  on employment to the legislature in a timely  manner  during  the  state
    21  fiscal year.
    22    [f.] e. A statement explaining any differences between the significant
    23  accounting policies used in the preparation of the documents required to
    24  be  submitted pursuant to this section and those used by the comptroller
    25  in the preparation of the financial statements contained in  the  annual
    26  report  to the legislature for the preceding fiscal year issued pursuant
    27  to subdivision nine of section eight of this chapter.
    28    [g.] f. The estimated borrowings in anticipation  of  the  receipt  of
    29  taxes and revenues and the amount of interest estimated to be paid ther-
    30  eon  during  the  current and ensuing fiscal years respectively, and the
    31  amounts actually so borrowed and  the  interest  actually  paid  thereon
    32  during the preceding fiscal year.
    33    [h.]  g.  In  connection  with  each  statement of receipts from taxes
    34  imposed pursuant to state law, the total amounts collected or  estimated
    35  to be collected therefrom.
    36    [i.]  h.  A  statement  setting  forth state involvement in the fiscal
    37  operations of those public authorities and public  benefit  corporations
    38  which  may  be  part  of the development of a comprehensive state budget
    39  system and provided therefor in the state financial plan. Such statement
    40  shall include those public authorities and public  benefit  corporations
    41  with  disbursements  which  are  not  currently  reflected  in the state
    42  central accounting system from proceeds of any notes or bonds issued  by
    43  any  public  authority,  and which bonds or notes would be considered as
    44  state-supported debt as defined in section sixty-seven-a of  this  chap-
    45  ter.  Such  statement  shall  set  forth the amount of all of the bonds,
    46  notes and other obligations of each  public  authority,  public  benefit
    47  corporation  and  all  other agencies and instrumentalities of the state
    48  for which the full faith and credit of the state has been pledged or  on
    49  account  of which the state has by law given its pledge or assurance for
    50  the continued operation and solvency of  the  authority,  public  corpo-
    51  ration, or other agency or instrumentality of the state, as the case may
    52  be.  Such  statement shall also set forth all proposed appropriations to
    53  be made to any public authority, public  benefit  corporation,  and  any
    54  other  agency  or instrumentality of the state which has been created or
    55  continued by law and which is  separate  and  distinct  from  the  state
    56  itself.

        S. 3005                            94                            A. 3005

     1    [j.]  i.  Include  a summary financial plan for the funds of the state
     2  receiving tax check-off monies which  shall  include  estimates  of  all
     3  receipts  and  all  disbursements  for the current and succeeding fiscal
     4  years, along with the actual results from the prior fiscal year.
     5    [4.  a.]  3.  Include  a  three  year financial projection showing the
     6  anticipated disbursements and receipts for each of the governmental fund
     7  types of the state. For  the  purposes  of  this  three  year  financial
     8  projection,  disbursements shall be presented by the following purposes:
     9  state purposes, local assistance, capital projects, debt service, trans-
    10  fers and general state charges with each major function or major program
    11  identified  separately  within  each  purpose;  and  receipts  shall  be
    12  presented  by  each  major  revenue  category, including detail for each
    13  major tax, and major  components  of  miscellaneous  receipts  and  with
    14  disbursements  shown  by  major  function or program for the prior year,
    15  current year and next three fiscal years, and otherwise  by  each  major
    16  source which is separately estimated and presented pursuant to paragraph
    17  b of subdivision [three] two of this section. Receipts and disbursements
    18  for  special  revenue  funds  shall  be presented separately for federal
    19  funds and  all  other  special  revenue  funds.  Whenever  receipts  and
    20  disbursements  are  proposed  to be moved to a different fund type, each
    21  significant amount so moved shall be explained. This three  year  finan-
    22  cial  projection  shall  include  an  explanation  of any changes to the
    23  financial plans submitted in accordance with  subdivision  one  of  this
    24  section  and  include  explanations of the economic, statutory and other
    25  assumptions used to estimate the disbursements and  receipts  which  are
    26  presented.  Whenever  the projections for receipts and disbursements are
    27  based on assumptions other than the  current  levels  of  service,  such
    28  assumptions shall be separately identified and explained. The three year
    29  financial projections shall include a description of any projected defi-
    30  cits or surpluses.
    31    [5.]  4. Include a summary statement of operations for the proprietary
    32  and fiduciary fund types. Such summary  statement  of  operations  shall
    33  include  the  estimated and projected receipts of and disbursements from
    34  appropriations and reappropriations available or recommended  from  such
    35  fund  types  in  the  budget bills submitted by the governor pursuant to
    36  section twenty-four of this [chapter] article.   Such summary  statement
    37  of  operations shall be revised as soon as is practical after the legis-
    38  lature has completed action on such budget bills.
    39    [6.] 5. Include a list of proposed legislation submitted  pursuant  to
    40  section three of article seven of the constitution.
    41    [7.]  6. Notwithstanding any provision of law to the contrary, budgets
    42  submitted pursuant to this section shall not  recommend  first  instance
    43  expenditures.  Any  anticipated  reimbursement  of proposed expenditures
    44  shall be shown as receipts or revenues to the appropriate fund.
    45    [8.] 7. Within ten days following the submission of the budget by  the
    46  governor, the director of the budget shall transmit to the chairs of the
    47  senate  finance  committee  and  the assembly ways and means committee a
    48  report, by agency, program, and fund, including but not limited to,  the
    49  following  information pertaining to financed equipment acquisitions for
    50  state departments, agencies and units of the state  university  and  the
    51  city  university of New York including those financed equipment acquisi-
    52  tions financed by the issuance of certificates of participation or simi-
    53  lar instruments for state departments, agencies and units of  the  state
    54  and city universities of New York:
    55    [1.]  a. For new financed equipment acquisitions to be financed in the
    56  ensuing fiscal year:

        S. 3005                            95                            A. 3005

     1    [(a)] (1) An  identification  of  the  purposes  of  such  financings,
     2  including:
     3    [(1)] (i) The nature of the equipment to be financed.
     4    [(2)]  (ii) Whether the purposes are new financings or refinancings of
     5  outstanding lease purchase and installment purchase agreements.
     6    [(3)] (iii) The recommended method of financing.
     7    [(b)] (2) The estimated purchase cost of the  equipment  if  purchased
     8  outright.
     9    [(c)] (3) The estimated interest rate and term of such financings.
    10    [(d)]  (4)  The  estimated  expenses for the issuances of such certif-
    11  icates or similar instruments as such expenses are  defined  in  section
    12  sixty-six-b of this chapter.
    13    [(e)]  (5)  A  schedule  of estimated lease purchase payments by state
    14  fiscal year for such financings, and estimated total financing costs.
    15    [2.] b. For outstanding financed equipment acquisitions  as  of  April
    16  first of the ensuing fiscal year the total estimated amount for lease or
    17  installment purchase payments for the ensuing fiscal year.
    18    [3.]  c.  For  outstanding financed equipment acquisitions financed by
    19  certificates of participation the financing costs of outstanding certif-
    20  icates of participation  and  similar  instruments  issued  pursuant  to
    21  section  sixty-six-b of this chapter with estimated payment schedules of
    22  all such outstanding obligations.
    23    [9.] 8. Include a  summary  of  disbursements  by  function  of  state
    24  government for the preceding fiscal year and the estimated disbursements
    25  for  the current and ensuing fiscal years in a form suitable for compar-
    26  ison. Such summary shall present such disbursements by  purpose  as  set
    27  forth  in  subdivision  one  of  this section and also including special
    28  revenue funds-federal and  special  revenue  funds-other.  Such  summary
    29  shall  also  describe  the  state  entities, as defined by [subdivisions
    30  five, six, seven and eight of] section two-a  of  this  chapter,  within
    31  each  function.  For the fiscal year beginning in nineteen hundred nine-
    32  ty-three, such summary shall be presented within ten days of the  budget
    33  submission  for  the  general fund, special revenue funds-other, capital
    34  projects funds and debt service funds. For the fiscal year beginning  in
    35  nineteen  hundred  ninety-four, such summary shall be presented with the
    36  budget for the general fund and within ten days of the budget submission
    37  for special revenue funds-other, capital projects funds and debt service
    38  funds. For fiscal years beginning in nineteen  hundred  ninety-five  and
    39  thereafter, such summary shall be presented with the budget.
    40    [10.]  9.  Include  a statement showing projected disbursement for the
    41  current fiscal year and proposed disbursements for  the  ensuing  fiscal
    42  year  by agency and bill and fund type. For the fiscal year beginning in
    43  nineteen hundred ninety-three, such statement shall be presented  within
    44  ten  days of the budget submission for the general fund, special revenue
    45  funds-other, capital projects funds and  debt  service  funds.  For  the
    46  fiscal  year  beginning  in  nineteen  hundred ninety-four, such summary
    47  shall be presented with the budget for the general fund and  within  ten
    48  days  of  the budget submission for special revenue funds-other, capital
    49  projects funds and debt service funds. For  fiscal  years  beginning  in
    50  nineteen  hundred  ninety-five  and  thereafter,  such  summary shall be
    51  presented with the budget.
    52    [11.] 10. Within ten days following the submission  of  the  financial
    53  plans  presented  in accordance with [subdivisions] subdivision one [and
    54  two] of this section, the director of the budget  shall  submit  to  the
    55  chairs  of  the senate finance committee and the assembly ways and means
    56  committee for the prior, the  current  and  next  ensuing  fiscal  years

        S. 3005                            96                            A. 3005

     1  detailed  schedules  by  agency  for  the  general fund showing proposed
     2  appropriations in the state operations  and  aid  to  localities  budget
     3  bills with disbursements to be made against such appropriations, as well
     4  as disbursements to be made against any existing appropriations.
     5    [12.]  11.  a.  With  respect  to  any proposed appropriations for the
     6  purpose of remedying state agency violations or  past  problems  of  the
     7  environmental  conservation law or regulations adopted thereunder within
     8  the proposed budget submitted annually by the governor to  the  legisla-
     9  ture  shall,  set forth the amount recommended to remedy each functional
    10  category of violation. A priority criterion to be considered  in  deter-
    11  mining  such  recommended  appropriations  shall  be the ranking of such
    12  violations and past problems as determined by  the  agency  pursuant  to
    13  paragraph  b  of  subdivision one of section 3-0311 of the environmental
    14  conservation law, with any reordering of rankings as determined  by  the
    15  department  of environmental conservation. Amounts appropriated shall be
    16  disbursed for remediation of the violation or problem only after  review
    17  and determination by the department of environmental conservation of the
    18  adequacy  of  the  remedial  plan pursuant to paragraph g of subdivision
    19  three of section 3-0311 of the environmental conservation law.
    20    b. Within thirty days following the submission of the  budget  by  the
    21  governor for each fiscal year, beginning with the nineteen hundred nine-
    22  ty-three--ninety-four  fiscal  year,  the  director  of the budget shall
    23  transmit to the chairs of the senate finance committee and the  assembly
    24  ways and means committee a report which includes project specific infor-
    25  mation  for  proposed appropriations for the purposes of remedying state
    26  agency environmental violations or problems, as identified  pursuant  to
    27  section  3-0311  of the environmental conservation law, contained within
    28  such submitted budget.
    29    [13.] 12. Include a summary financial plan for all research institutes
    30  which shall set forth:
    31    a. estimates of all revenues and all  expenses  for  the  current  and
    32  succeeding  fiscal  years,  along with the actual results from the prior
    33  fiscal year; and
    34    b. any agreement whereby  any  state  agency  will  provide  financial
    35  support  or  any  other  assistance to cover any operating loss for such
    36  research institute.
    37    [14.] 13. a. With respect to information technology projects,  depend-
    38  ent  on funding in the executive budget, involving one or more contracts
    39  projected to total ten million  dollars  or  more,  within  thirty  days
    40  following  the  submission of the budget by the governor for each fiscal
    41  year, beginning with the two thousand eight--two  thousand  nine  fiscal
    42  year,  the  director  of  the budget shall transmit to the chairs of the
    43  senate finance committee and the assembly ways  and  means  committee  a
    44  report which shall set forth the following:
    45    (1) project summary describing the project purpose, proposed approach,
    46  key milestones, current status and timetable;
    47    (2)  the proposed method of procurement, including whether the project
    48  will, in whole or in part, utilize a centralized  contract  or  a  sole-
    49  source contract; and
    50    (3)  the proposed funding source, financing method and estimated costs
    51  by fiscal year.
    52    b. Information provided pursuant to paragraph a  of  this  subdivision
    53  may  not  be  disclosed to any party other than a governmental entity as
    54  defined in section one hundred thirty-nine-j of this  chapter,  if  such
    55  disclosure  would impair the fairness or competitiveness of a pending or
    56  potential procurement process.

        S. 3005                            97                            A. 3005

     1    Estimated costs by fiscal year shall not be disclosed.
     2    [15.] 14. The division of the budget shall prepare the reports, sched-
     3  ules, and other information described in this subdivision. To the extent
     4  practicable,  such  reports,  schedules,  and  information shall be in a
     5  form, and presented at a level of detail, that facilitates comparison on
     6  an annual basis and against actual results, as  appropriate,  and  in  a
     7  manner  consistent  with  the other reporting requirements enumerated in
     8  this section. The reports, schedules, and other information required  by
     9  this  subdivision  shall be submitted to the chair of the senate finance
    10  committee, the chair of the  assembly  ways  and  means  committee,  the
    11  minority  leaders  of  both houses, and the comptroller according to the
    12  schedules set forth in this section. In determining  the  final  content
    13  and  format of the information required by this section, the division of
    14  the budget shall consult annually with the designees  of  the  temporary
    15  president of the senate, the speaker of the assembly, the minority lead-
    16  ers  of  both  houses, and the comptroller. All information described in
    17  this subdivision shall be made available to the public.
    18    a. The executive budget, the enacted budget report and each  quarterly
    19  update to the financial plan shall include an updated general fund fore-
    20  cast  of  receipts  and disbursements for the current and two succeeding
    21  fiscal years. Such updated forecast shall clearly identify  and  explain
    22  the  revisions  to  the  receipts and disbursements projections from the
    23  most recent prior update to the  financial  plan,  and  any  significant
    24  revisions to the underlying factors affecting receipts and disbursements
    25  by  major  function,  and may include, but not be limited to:  caseload,
    26  service, and utilization rates; demographic trends; economic  variables;
    27  pension fund performance; incarceration rates; prescription drug prices;
    28  health  insurance  premiums;  inflation;  contractual obligations; liti-
    29  gation; and state employment trends.
    30    b. The capital  program  and  financing  plan  submitted  pursuant  to
    31  section  twenty-two-c  of  this article, and the update thereto required
    32  pursuant to section twenty-three of this article, shall include a report
    33  on the management of state-supported debt. Such report may include,  but
    34  is not limited to: (1) an assessment of the affordability of state debt,
    35  including  debt  as  a  percent of personal income, debt per capita, and
    36  debt service costs as a percent of the budget; (2) a summary and  analy-
    37  sis of the interest rate exchange agreements and variable rate exposure;
    38  and  (3) an assessment of financing opportunities related to the state's
    39  debt portfolio.
    40    [16.] 15. The governor shall make all practicable efforts to amend  or
    41  supplement the budget and submit supplemental bills or amendments to any
    42  bills  pursuant  to  article seven of the constitution within twenty-one
    43  days after the budget is submitted to the legislature.
    44    16. The amended executive budget required to be submitted within thir-
    45  ty days after the submission of the executive budget to the  legislature
    46  in accordance with article seven of the constitution of the state of New
    47  York, in addition to the information required by the constitution of the
    48  state of New York to be set forth therein, shall include:
    49    a.  a summary financial plan showing for each of the governmental fund
    50  types: (1) all of the expenditures estimated to be made,  in  accordance
    51  with  generally  accepted accounting principles, before the close of the
    52  current fiscal year and all of the expenditures proposed to be made,  in
    53  accordance  with  generally  accepted  accounting principles, during the
    54  ensuing fiscal year; and (2) all of the revenues estimated to accrue, in
    55  accordance with generally accepted  accounting  principles,  before  the
    56  close  of  the  current  fiscal  year and during the ensuing fiscal year

        S. 3005                            98                            A. 3005

     1  inclusive of any revenues which are expected to result from the proposed
     2  legislation which is deemed necessary to provide receipts sufficient  to
     3  meet  proposed disbursements. For the purposes of such summary financial
     4  plan,  expenditures  shall be presented by the following purposes: state
     5  purposes, local assistance, capital projects, debt service, and  general
     6  state  charges;  and  revenues shall be presented by each revenue source
     7  which accounts for at least one per centum  of  all  such  revenues  and
     8  otherwise by categories of revenue sources;
     9    b.  the expenditures estimated to be made in accordance with generally
    10  accepted accounting principles before the close of  the  current  fiscal
    11  year  and  proposed  to  be  made  in accordance with generally accepted
    12  accounting principles during the ensuing fiscal year. Expenditures esti-
    13  mated and proposed to be made  shall  be  shown  in  separate  parts  as
    14  follows: those expenditures for state purposes shall be set forth in one
    15  part,  those  expenditures  for  local  assistance shall be set forth in
    16  another separate and  distinct  part,  those  expenditures  for  capital
    17  projects  shall  be set forth in a third separate and distinct part, and
    18  those expenditures for debt service shall be set forth in a fourth sepa-
    19  rate and distinct part;
    20    c. the revenues actually accrued in the preceding fiscal year and  the
    21  revenues  estimated  to  accrue during current and ensuing fiscal years,
    22  respectively. Revenues from each tax shall be shown both  in  total  and
    23  net of refunds;
    24    d.  a  schedule  for  the general fund showing the differences between
    25  projected operating results on a cash basis and those on  the  basis  of
    26  generally accepted accounting principles;
    27    e.  a  schedule for each governmental fund type other than the general
    28  fund showing the differences between projected operating  results  on  a
    29  cash basis and those on the basis of generally accepted accounting prin-
    30  ciples; and
    31    f. a detailed schedule by fund of revenues and expenditures within the
    32  general fund.
    33    §  29.  Subparagraph (vi) of paragraph (d) of subdivision 3 of section
    34  22-c of the state finance law, as amended by section  3  of  part  F  of
    35  chapter 389 of the laws of 1997, is amended to read as follows:
    36    (vi) the total amount of disbursements for the project estimated to be
    37  made  during the current fiscal year and during each of the next ensuing
    38  five fiscal years, provided however, that (A) the  information  required
    39  by  this subparagraph may be provided for groupings of projects in those
    40  cases where the governor determines it cannot be provided on  a  project
    41  by  project  basis,  and (B) the total of all disbursements estimated in
    42  accordance with the requirements of this subparagraph to be made for all
    43  capital projects during the current fiscal year and during each  of  the
    44  next ensuing five fiscal  years, excluding those disbursements which are
    45  estimated in accordance with the requirements of this subparagraph to be
    46  made  by public benefit corporations and which are not subject to appro-
    47  priations, shall be equal, respectively, to the total of  all  disburse-
    48  ments  estimated,  in the financial projections required by subdivisions
    49  one and [four] three of section twenty-two of this article, to  be  made
    50  for  all capital projects during the then current fiscal year and during
    51  each of the next ensuing five fiscal years,
    52    § 30. Subdivisions 3 and 4 of section 23 of the state finance law,  as
    53  amended  by  chapter  1  of  the  laws  of  2007, are amended to read as
    54  follows:
    55    3. Financial plans and capital  improvement  program;  revisions.  Not
    56  later than thirty days after the legislature has completed action on the

        S. 3005                            99                            A. 3005

     1  budget bills submitted by the governor and the period for the governor's
     2  review  has  elapsed,  the  governor  shall cause to be submitted to the
     3  legislature the revisions to the financial plans and  the  capital  plan
     4  required  by subdivisions one, two, three, four and [five] paragraph (a)
     5  of subdivision sixteen of section twenty-two  of  this  article  as  are
     6  necessary  to  account  for all enactments affecting the financial plans
     7  and the capital plan. The financial plan shall also contain a cash  flow
     8  analysis  of  projected  receipts  and disbursements and other financing
     9  sources or uses for each month of the state's fiscal year. Notwithstand-
    10  ing any other law to the contrary, such revised plans  and  accompanying
    11  cash  flow  analysis shall be submitted to the legislature and the comp-
    12  troller in the same form as the plans required by such subdivisions.
    13    4. Financial plan updates. Quarterly, throughout the fiscal year,  the
    14  governor  shall  submit  to  the  comptroller,  the chairs of the senate
    15  finance and the assembly ways and means committees, within  thirty  days
    16  of  the  close  of the quarter to which it shall pertain, a report which
    17  summarizes the actual experience to date and projections for the remain-
    18  ing quarters of the current fiscal year and for each  of  the  next  two
    19  fiscal  years of receipts, disbursements, tax refunds, and repayments of
    20  advances presented in forms suitable for comparison with  the  financial
    21  plan submitted pursuant to subdivisions one, three and four[, and five,]
    22  of section twenty-two of this article and revised in accordance with the
    23  provisions  of  subdivision  three  of  this section. The governor shall
    24  submit with the budget a similar  report  that  summarizes  revenue  and
    25  expenditure  experience  to  date in a form suitable for comparison with
    26  the financial plan submitted pursuant  to  paragraph  a  of  subdivision
    27  [two]  sixteen  of  section  twenty-two  of  this article and revised in
    28  accordance with the provisions of subdivision  three  of  this  section.
    29  Such  reports  shall  provide  an explanation of the causes of any major
    30  deviations from the revised financial plans and, shall provide  for  the
    31  amendment of the plan or plans to reflect those deviations. The governor
    32  may, if [he] the governor determines it advisable, provide more frequent
    33  reports  to  the  legislature regarding actual experience as compared to
    34  the financial plans. The quarterly financial plan update most  proximate
    35  to  October  thirty-first  of each year shall include the calculation of
    36  the limitations on the issuance of state-supported debt computed  pursu-
    37  ant  to the provisions of subdivisions one and two of section sixty-sev-
    38  en-b of this chapter.
    39    § 31. Notwithstanding any law to  the  contrary,  the  comptroller  is
    40  hereby authorized and directed to transfer, upon request of the director
    41  of  the  budget,  on or before March 31, 2026 the following amounts from
    42  the following special revenue accounts or enterprise funds to the gener-
    43  al fund, for the  purposes of offsetting principal and  interest  costs,
    44  incurred by the state pursuant to section 52 of part RR of chapter 56 of
    45  the  laws of 2023, provided that the annual amount of the transfer shall
    46  be no more than the principal and interest  that  would  have  otherwise
    47  been due to the power authority of the state of New York, from any state
    48  agency,  in  a  given state fiscal year.   Amounts pertaining to special
    49  revenue accounts assigned to the state university of New York  shall  be
    50  considered   interchangeable  between  the  designated  special  revenue
    51  accounts as to meet the requirements of this section and section  52  of
    52  part RR of chapter 56 of the laws of 2023:
    53    1.  $15,000,000  from  the  miscellaneous  special revenue fund, state
    54  university general income reimbursable account (22653).
    55    2. $5,000,000 from  state  university  dormitory  income  fund,  state
    56  university dormitory income fund (40350).

        S. 3005                            100                           A. 3005

     1    3. $5,000,000 from the enterprise fund, city university senior college
     2  operating fund (60851).
     3    §  32.  Notwithstanding  any  law  to the contrary, the comptroller is
     4  hereby authorized to transfer, on  or  before  March  31,  2026,  up  to
     5  $25,000,000  from  various state bond funds (30600 through 30690) to the
     6  general debt service fund (40150), for  the  purposes  of  redeeming  or
     7  defeasing outstanding state bonds.
     8    §  33.  Paragraph  (a) of subdivision 2 of section 47-e of the private
     9  housing finance law, as amended by section 29 of part XX of  chapter  56
    10  of the laws of 2024, is amended to read as follows:
    11    (a) Subject to the provisions of chapter fifty-nine of the laws of two
    12  thousand,  in  order  to  enhance and encourage the promotion of housing
    13  programs and thereby achieve the stated purposes and objectives of  such
    14  housing  programs, the agency shall have the power and is hereby author-
    15  ized from time to time to issue negotiable  housing  program  bonds  and
    16  notes  in  such principal amount as shall be necessary to provide suffi-
    17  cient funds for the repayment of amounts disbursed (and  not  previously
    18  reimbursed)  pursuant  to law or any prior year making capital appropri-
    19  ations or reappropriations for the  purposes  of  the  housing  program;
    20  provided,  however, that the agency may issue such bonds and notes in an
    21  aggregate principal amount not exceeding [fourteen billion five  hundred
    22  twenty-six  million eighty-nine thousand dollars $14,526,089,000, plus a
    23  principal amount of bonds issued to fund the debt service  reserve  fund
    24  in accordance with the debt service reserve fund requirement established
    25  by  the agency and to fund any other reserves that the agency reasonably
    26  deems necessary for the security or marketability of such bonds  and  to
    27  provide  for the payment of fees and other charges and expenses, includ-
    28  ing underwriters' discount, trustee and rating agency fees, bond  insur-
    29  ance,  credit enhancement and liquidity enhancement related to the issu-
    30  ance of such bonds and notes] sixteen billion five hundred  six  million
    31  three  hundred  sixty-four  thousand  dollars $16,506,364,000, excluding
    32  bonds issued after April first, two thousand twenty-five to (i) fund one
    33  or more debt service reserve funds, (ii) pay costs of issuance  of  such
    34  bonds, and (iii) refund or otherwise repay such bonds or notes previous-
    35  ly  issued,  provided  that nothing herein shall affect the exclusion of
    36  refunding debt issued prior to such date.  No reserve fund securing  the
    37  housing  program  bonds  shall  be entitled or eligible to receive state
    38  funds apportioned or appropriated to maintain or  restore  such  reserve
    39  fund at or to a particular level, except to the extent of any deficiency
    40  resulting  directly  or indirectly from a failure of the state to appro-
    41  priate or pay the agreed amount under any of the contracts provided  for
    42  in subdivision four of this section.
    43    §  34.  Paragraph  (b)  of  subdivision 1 of section 385 of the public
    44  authorities law, as amended by section 30 of part XX of  chapter  56  of
    45  the laws of 2024, is amended to read as follows:
    46    (b)  The  authority  is  hereby  authorized,  as  additional corporate
    47  purposes thereof solely upon the request of the director of the  budget:
    48  (i)  to  issue special emergency highway and bridge trust fund bonds and
    49  notes for a term not to exceed thirty years  and  to  incur  obligations
    50  secured by the moneys appropriated from the dedicated highway and bridge
    51  trust  fund  established  in  section eighty-nine-b of the state finance
    52  law; (ii) to make available the proceeds in accordance with instructions
    53  provided by the director of the budget from the  sale  of  such  special
    54  emergency  highway  and  bridge  trust  fund bonds, notes or other obli-
    55  gations, net of all costs to the authority in connection therewith,  for
    56  the  purposes  of  financing all or a portion of the costs of activities

        S. 3005                            101                           A. 3005

     1  for which moneys in the dedicated highway and bridge trust  fund  estab-
     2  lished  in section eighty-nine-b of the state finance law are authorized
     3  to be utilized or for the financing of disbursements made by  the  state
     4  for  the  activities authorized pursuant to section eighty-nine-b of the
     5  state finance law; and (iii) to enter into agreements with  the  commis-
     6  sioner  of  transportation  pursuant to section ten-e of the highway law
     7  with respect to financing for  any  activities  authorized  pursuant  to
     8  section  eighty-nine-b  of the state finance law, or agreements with the
     9  commissioner of transportation pursuant to sections ten-f and  ten-g  of
    10  the highway law in connection with activities on state highways pursuant
    11  to  these sections, and (iv) to enter into service contracts, contracts,
    12  agreements, deeds and leases with the director  of  the  budget  or  the
    13  commissioner  of  transportation  and  project  sponsors  and  others to
    14  provide for the financing by  the  authority  of  activities  authorized
    15  pursuant  to section eighty-nine-b of the state finance law, and each of
    16  the director of the budget and the commissioner  of  transportation  are
    17  hereby  authorized  to  enter  into service contracts, contracts, agree-
    18  ments, deeds and leases with the authority, project sponsors  or  others
    19  to  provide  for such financing. The authority shall not issue any bonds
    20  or notes in an amount in excess  of  [twenty-one  billion  four  hundred
    21  fifty-eight million three hundred nine thousand dollars $21,458,309,000]
    22  twenty-two  billion  three  hundred nine million two hundred ninety-four
    23  thousand dollars $22,309,294,000, plus a principal amount  of  bonds  or
    24  notes:  (A)  to  fund  capital reserve funds; (B) to provide capitalized
    25  interest; and, (C) to fund other costs of issuance. In computing for the
    26  purposes of this  subdivision,  the  aggregate  amount  of  indebtedness
    27  evidenced  by  bonds  and notes of the authority issued pursuant to this
    28  section, as amended by a chapter of the laws of nineteen  hundred  nine-
    29  ty-six, there shall be excluded the amount of bonds or notes issued that
    30  would  constitute interest under the United States Internal Revenue Code
    31  of 1986, as amended, and the amount of indebtedness issued to refund  or
    32  otherwise repay bonds or notes.
    33    §  35.  Paragraph  (c) of subdivision 14 of section 1680 of the public
    34  authorities law, as amended by section 31 of part XX of  chapter  56  of
    35  the laws of 2024, is amended to read as follows:
    36    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    37  thousand,  (i)  the  dormitory  authority  shall not deliver a series of
    38  bonds for city university community college facilities, except to refund
    39  or to be substituted for or in lieu of other bonds in relation  to  city
    40  university  community college facilities pursuant to a resolution of the
    41  dormitory authority adopted before July first, nineteen hundred  eighty-
    42  five  or any resolution supplemental thereto, if the principal amount of
    43  bonds so to be issued when added  to  all  principal  amounts  of  bonds
    44  previously  issued by the dormitory authority for city university commu-
    45  nity college facilities, except to refund or to be substituted  in  lieu
    46  of  other bonds in relation to city university community college facili-
    47  ties will exceed the sum of four hundred twenty-five million dollars and
    48  (ii) the dormitory authority shall not deliver a series of bonds  issued
    49  for  city university facilities, including community college facilities,
    50  pursuant to a resolution of the dormitory authority adopted on or  after
    51  July  first,  nineteen  hundred  eighty-five,  except to refund or to be
    52  substituted for or in lieu of other bonds in relation to city university
    53  facilities and except for bonds issued pursuant to a resolution  supple-
    54  mental  to a resolution of the dormitory authority adopted prior to July
    55  first, nineteen hundred eighty-five, if the principal amount of bonds so
    56  to be issued when added to the  principal  amount  of  bonds  previously

        S. 3005                            102                           A. 3005

     1  issued pursuant to any such resolution, except bonds issued to refund or
     2  to  be  substituted  for  or  in lieu of other bonds in relation to city
     3  university facilities, will exceed [eleven billion seven hundred  sixty-
     4  three   million  twenty-two  thousand  dollars  $11,763,022,000]  twelve
     5  billion two hundred fifteen million three hundred  sixty-eight  thousand
     6  dollars  $12,215,368,000,  excluding bonds issued after April first, two
     7  thousand twenty-five to (i) fund one or more debt service reserve funds,
     8  (ii) pay costs of issuance of such bonds, and (iii) refund or  otherwise
     9  repay such bonds or notes previously issued, provided that nothing here-
    10  in  shall  affect  the  exclusion of refunding debt issued prior to such
    11  date.  The legislature reserves the right to amend or repeal such limit,
    12  and the state of New York, the dormitory authority, the city university,
    13  and the fund are prohibited from covenanting or making any other  agree-
    14  ments  with  or  for  the  benefit of bondholders which might in any way
    15  affect such right.
    16    § 36. Subdivision 1 of section 1689-i of the public  authorities  law,
    17  as  amended  by section 32 of part XX of chapter 56 of the laws of 2024,
    18  is amended to read as follows:
    19    1. The dormitory authority  is  authorized  to  issue  bonds,  at  the
    20  request  of  the  commissioner of education, to finance eligible library
    21  construction projects pursuant to section two hundred seventy-three-a of
    22  the education law, in amounts certified  by  such  commissioner  not  to
    23  exceed  a total principal amount of [four hundred eleven million dollars
    24  $411,000,000] four hundred forty-five million dollars $445,000,000.
    25    § 37. Paragraph (c) of subdivision 19 of section 1680  of  the  public
    26  authorities  law,  as  amended by section 33 of part XX of chapter 56 of
    27  the laws of 2024, is amended to read as follows:
    28    (c) Subject to the provisions of chapter fifty-nine of the laws of two
    29  thousand, the dormitory authority shall not issue any  bonds  for  state
    30  university  educational  facilities  purposes if the principal amount of
    31  bonds to be issued when added to the aggregate principal amount of bonds
    32  issued by the dormitory authority on  and  after  July  first,  nineteen
    33  hundred  eighty-eight  for  state university educational facilities will
    34  exceed [eighteen billion nine hundred eighty-eight million  one  hundred
    35  sixty-four  thousand  dollars  $18,988,164,000;  provided, however, that
    36  bonds issued or to be issued shall be excluded from such limitation  if:
    37  (1)  such bonds are issued to refund state university construction bonds
    38  and state university construction notes previously issued by the housing
    39  finance agency; or (2) such bonds are issued  to  refund  bonds  of  the
    40  authority  or  other obligations issued for state university educational
    41  facilities purposes and the present value of the aggregate debt  service
    42  on  the  refunding bonds does not exceed the present value of the aggre-
    43  gate debt service on the bonds refunded thereby; provided, further  that
    44  upon  certification  by  the director of the budget that the issuance of
    45  refunding bonds or other obligations issued between April  first,  nine-
    46  teen  hundred  ninety-two and March thirty-first, nineteen hundred nine-
    47  ty-three will generate long term economic  benefits  to  the  state,  as
    48  assessed  on a present value basis, such issuance will be deemed to have
    49  met the present value test noted above. For purposes  of  this  subdivi-
    50  sion,  the  present value of the aggregate debt service of the refunding
    51  bonds and the aggregate debt service of the  bonds  refunded,  shall  be
    52  calculated  by  utilizing the true interest cost of the refunding bonds,
    53  which shall be that rate arrived at by doubling the semi-annual interest
    54  rate (compounded semi-annually) necessary to discount the  debt  service
    55  payments  on  the  refunding bonds from the payment dates thereof to the
    56  date of issue of the refunding  bonds  to  the  purchase  price  of  the

        S. 3005                            103                           A. 3005

     1  refunding  bonds,  including interest accrued thereon prior to the issu-
     2  ance thereof. The maturity of such bonds, other  than  bonds  issued  to
     3  refund outstanding bonds, shall not exceed the weighted average economic
     4  life,  as  certified  by  the state university construction fund, of the
     5  facilities in connection with which the bonds are  issued,  and  in  any
     6  case not later than the earlier of thirty years or the expiration of the
     7  term  of  any  lease,  sublease  or  other  agreement  relating thereto;
     8  provided that no note, including renewals thereof,  shall  mature  later
     9  than  five years after the date of issuance of such note] twenty billion
    10  five  hundred  thirty-eight  million  one  hundred  sixty-four  thousand
    11  dollars  $20,538,164,000,  excluding bonds issued after April first, two
    12  thousand twenty-five to (i) fund one or more debt service reserve funds,
    13  (ii) pay costs of issuance of such bonds, and (iii) refund or  otherwise
    14  repay such bonds or notes previously issued, provided that nothing here-
    15  in  shall  affect  the  exclusion of refunding debt issued prior to such
    16  date. The legislature reserves the right to amend or repeal such  limit,
    17  and the state of New York, the dormitory authority, the state university
    18  of  New  York, and the state university construction fund are prohibited
    19  from covenanting or making any other agreements with or for the  benefit
    20  of bondholders which might in any way affect such right.
    21    §  38. Subdivision 10-a of section 1680 of the public authorities law,
    22  as amended by section 34 of part XX of chapter 56 of the laws  of  2024,
    23  is amended to read as follows:
    24    10-a.  Subject  to the provisions of chapter fifty-nine of the laws of
    25  two thousand, but notwithstanding any other provision of the law to  the
    26  contrary, the maximum amount of bonds and notes to be issued after March
    27  thirty-first,  two  thousand two, on behalf of the state, in relation to
    28  any locally sponsored community college, shall  be  [one  billion  three
    29  hundred   sixty-five   million  three  hundred  eight  thousand  dollars
    30  $1,365,308,000] one  billion  four  hundred  ninety-five  million  seven
    31  hundred seventy-four thousand dollars $1,495,774,000.  Such amount shall
    32  be  exclusive  of  bonds  and  notes  issued to fund any reserve fund or
    33  funds, costs of issuance and to refund any outstanding bonds and  notes,
    34  issued on behalf of the state, relating to a locally sponsored community
    35  college.
    36    §  39.  Paragraph  b  of  subdivision 2 of section 9-a of section 1 of
    37  chapter 392 of the laws of 1973, constituting the New York state medical
    38  care facilities finance agency act, as amended by section 35 of part  XX
    39  of chapter 56 of the laws of 2024, is amended to read as follows:
    40    b.  The  agency shall have power and is hereby authorized from time to
    41  time to issue negotiable bonds and notes in conformity  with  applicable
    42  provisions  of  the uniform commercial code in such principal amount as,
    43  in the opinion of the agency, shall  be  necessary,  after  taking  into
    44  account  other moneys which may be available for the purpose, to provide
    45  sufficient funds to  the  facilities  development  corporation,  or  any
    46  successor agency, for the financing or refinancing of or for the design,
    47  construction, acquisition, reconstruction, rehabilitation or improvement
    48  of  mental  health  services  facilities pursuant to paragraph a of this
    49  subdivision, the payment of interest on mental health services  improve-
    50  ment  bonds and mental health services improvement notes issued for such
    51  purposes, the establishment of reserves to secure such bonds and  notes,
    52  the  cost  or  premium  of  bond insurance or the costs of any financial
    53  mechanisms which may be used to reduce the debt service  that  would  be
    54  payable  by the agency on its mental health services facilities improve-
    55  ment bonds and notes and all other expenditures of the  agency  incident
    56  to  and  necessary or convenient to providing the facilities development

        S. 3005                            104                           A. 3005

     1  corporation, or any successor agency, with funds for  the  financing  or
     2  refinancing of or for any such design, construction, acquisition, recon-
     3  struction, rehabilitation or improvement and for the refunding of mental
     4  hygiene improvement bonds issued pursuant to section 47-b of the private
     5  housing  finance law; provided, however, that the agency shall not issue
     6  mental health services facilities improvement bonds  and  mental  health
     7  services  facilities  improvement notes in an aggregate principal amount
     8  exceeding [twelve billion nine hundred twenty-one million seven  hundred
     9  fifty-six  thousand  dollars  $12,921,756,000,  excluding  mental health
    10  services facilities improvement bonds and mental health services facili-
    11  ties improvement  notes  issued  to  refund  outstanding  mental  health
    12  services facilities improvement bonds and mental health services facili-
    13  ties  improvement notes; provided, however, that upon any such refunding
    14  or repayment of mental  health  services  facilities  improvement  bonds
    15  and/or  mental  health  services  facilities improvement notes the total
    16  aggregate principal amount of outstanding mental health services facili-
    17  ties improvement bonds and mental health  facilities  improvement  notes
    18  may be greater than twelve billion nine hundred twenty-one million seven
    19  hundred  fifty-six  thousand dollars $12,921,756,000, only if, except as
    20  hereinafter provided with respect to mental health  services  facilities
    21  bonds  and  mental  health  services  facilities  notes issued to refund
    22  mental hygiene improvement bonds authorized to be issued pursuant to the
    23  provisions of section 47-b of the private housing finance law, the pres-
    24  ent value of the aggregate debt service of the  refunding  or  repayment
    25  bonds  to  be issued shall not exceed the present value of the aggregate
    26  debt service of the bonds to be refunded or repaid. For purposes hereof,
    27  the present values of the aggregate debt service  of  the  refunding  or
    28  repayment  bonds,  notes  or other obligations and of the aggregate debt
    29  service of the bonds, notes or other obligations so refunded or  repaid,
    30  shall  be  calculated  by  utilizing  the effective interest rate of the
    31  refunding or repayment bonds, notes or other obligations, which shall be
    32  that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
    33  (compounded  semi-annually)  necessary  to  discount  the  debt  service
    34  payments on the refunding or repayment bonds, notes or other obligations
    35  from the payment dates thereof to the date of issue of the refunding  or
    36  repayment bonds, notes or other obligations and to the price bid includ-
    37  ing  estimated  accrued  interest  or proceeds received by the authority
    38  including estimated accrued interest from the sale thereof. Such  bonds,
    39  other  than bonds issued to refund outstanding bonds, shall be scheduled
    40  to mature over a term not to exceed the average useful life,  as  certi-
    41  fied  by  the  facilities  development  corporation, of the projects for
    42  which the bonds are issued, and in any  case  shall  not  exceed  thirty
    43  years  and  the  maximum maturity of notes or any renewals thereof shall
    44  not exceed five years from the date of the original issue of such notes.
    45  Notwithstanding the provisions of this section, the  agency  shall  have
    46  the  power  and  is  hereby  authorized  to issue mental health services
    47  facilities improvement bonds and/or mental  health  services  facilities
    48  improvement notes to refund outstanding mental hygiene improvement bonds
    49  authorized  to  be  issued pursuant to the provisions of section 47-b of
    50  the private housing finance law  and  the  amount  of  bonds  issued  or
    51  outstanding  for  such  purposes  shall  not be included for purposes of
    52  determining the amount of bonds issued pursuant to this  section]  thir-
    53  teen  billion  six  hundred  thirty-nine million five hundred fifty-four
    54  thousand dollars $13,639,554,000, excluding  bonds  issued  after  April
    55  first,  two  thousand  twenty-five  to (i) fund one or more debt service
    56  reserve funds, (ii) pay costs of  issuance  of  such  bonds,  and  (iii)

        S. 3005                            105                           A. 3005

     1  refund  or  otherwise  repay  such  bonds  or  notes  previously issued,
     2  provided that nothing herein shall affect  the  exclusion  of  refunding
     3  debt  issued prior to such date.  The director of the budget shall allo-
     4  cate the aggregate principal authorized to be issued by the agency among
     5  the  office of mental health, office for people with developmental disa-
     6  bilities, and the office of addiction services and supports, in  consul-
     7  tation with their respective commissioners to finance bondable appropri-
     8  ations previously approved by the legislature.
     9    §  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
    10  laws of 2002, relating to providing for the  administration  of  certain
    11  funds  and  accounts  related  to  the  2002-2003  budget, as amended by
    12  section 36 of part XX of chapter 56 of the laws of 2024, is  amended  to
    13  read as follows:
    14    (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
    15  notwithstanding the provisions of section 18 of  the  urban  development
    16  corporation  act, the corporation is hereby authorized to issue bonds or
    17  notes in one or more series in an  aggregate  principal  amount  not  to
    18  exceed  [five  hundred  twenty-two million five hundred thousand dollars
    19  $522,500,000] five hundred fifty million five hundred  thousand  dollars
    20  $550,500,000,  excluding  bonds  issued to fund one or more debt service
    21  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    22  notes issued to refund or otherwise repay such bonds or notes previously
    23  issued,  for  the purpose of financing capital costs related to homeland
    24  security and training facilities for the division of state  police,  the
    25  division  of  military  and  naval  affairs, and any other state agency,
    26  including the reimbursement of any disbursements  made  from  the  state
    27  capital  projects fund, and is hereby authorized to issue bonds or notes
    28  in one or more series in an aggregate principal  amount  not  to  exceed
    29  [one  billion  eight  hundred  fifty-five million two hundred eighty-six
    30  thousand dollars $1,855,286,000] two  billion  one  hundred  sixty-eight
    31  million   three  hundred  thirty-one  thousand  dollars  $2,168,331,000,
    32  excluding bonds issued to fund one or more debt service  reserve  funds,
    33  to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
    34  refund or otherwise repay such bonds or notes previously issued, for the
    35  purpose of financing improvements to State office  buildings  and  other
    36  facilities   located  statewide,  including  the  reimbursement  of  any
    37  disbursements made from the state capital projects fund. Such bonds  and
    38  notes of the corporation shall not be a debt of the state, and the state
    39  shall  not be liable thereon, nor shall they be payable out of any funds
    40  other than those appropriated by the state to the corporation  for  debt
    41  service  and related expenses pursuant to any service contracts executed
    42  pursuant to subdivision (b) of this section, and such  bonds  and  notes
    43  shall contain on the face thereof a statement to such effect.
    44    §  41.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
    45  laws of 1968, constituting the New York state urban  development  corpo-
    46  ration  act,  as  amended  by section 37 of part XX of chapter 56 of the
    47  laws of 2024, is amended to read as follows:
    48    1. Notwithstanding the provisions of any other law  to  the  contrary,
    49  the  dormitory  authority  and  the corporation are hereby authorized to
    50  issue bonds or notes in one or more series for the  purpose  of  funding
    51  project costs for the office of information technology services, depart-
    52  ment  of  law,  and  other  state  costs  associated  with  such capital
    53  projects. The aggregate principal  amount  of  bonds  authorized  to  be
    54  issued  pursuant  to  this  section  shall not exceed [one billion seven
    55  hundred  forty-two  million  seven  hundred  twelve   thousand   dollars
    56  $1,742,712,000]  one  billion  eight  hundred seventy-three million four

        S. 3005                            106                           A. 3005

     1  hundred twelve thousand dollars $1,873,412,000, excluding  bonds  issued
     2  to fund one or more debt service reserve funds, to pay costs of issuance
     3  of  such  bonds,  and bonds or notes issued to refund or otherwise repay
     4  such  bonds  or  notes  previously  issued.  Such bonds and notes of the
     5  dormitory authority and the corporation shall  not  be  a  debt  of  the
     6  state,  and  the  state  shall  not be liable thereon, nor shall they be
     7  payable out of any funds other than those appropriated by the  state  to
     8  the dormitory authority and the corporation for principal, interest, and
     9  related expenses pursuant to a service contract and such bonds and notes
    10  shall contain on the face thereof a statement to such effect. Except for
    11  purposes  of  complying  with  the  internal  revenue code, any interest
    12  income earned on bond proceeds shall only be used to pay debt service on
    13  such bonds.
    14    § 42. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
    15  1991,  amending  the  state  finance  law and other laws relating to the
    16  establishment of the dedicated highway and bridge trust fund, as amended
    17  by section 38 of part XX of chapter 56 of the laws of 2024,  is  amended
    18  to read as follows:
    19    (b) Any service contract or contracts for projects authorized pursuant
    20  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    21  14-k of the transportation law, and entered into pursuant to subdivision
    22  (a) of this section, shall provide  for  state  commitments  to  provide
    23  annually  to  the  thruway  authority a sum or sums, upon such terms and
    24  conditions as shall be deemed appropriate by the director of the budget,
    25  to fund, or fund the debt service requirements of any bonds or any obli-
    26  gations of the thruway authority issued to  fund  or  to  reimburse  the
    27  state for funding such projects having a cost not in excess of [fourteen
    28  billion eight hundred forty-four million five hundred eighty-seven thou-
    29  sand  dollars  $14,844,587,000  cumulatively  by  the end of fiscal year
    30  2024-25] fifteen billion seven hundred twenty-two million three  hundred
    31  eighty-four  thousand  dollars $15,722,384,000. Such limit shall exclude
    32  bonds issued after April first, two thousand twenty-five to (i) fund one
    33  or more debt service reserve funds, (ii) pay costs of issuance  of  such
    34  bonds, and (iii) refund or otherwise repay such bonds or notes previous-
    35  ly  issued,  provided  that nothing herein shall affect the exclusion of
    36  refunding debt issued prior to such date. For purposes of this  subdivi-
    37  sion, such projects shall be deemed to include capital grants to cities,
    38  towns  and  villages  for the reimbursement of eligible capital costs of
    39  local highway and bridge projects within such municipality, where  allo-
    40  cations  to  cities, towns and villages are based on the total number of
    41  New York or United States or interstate signed touring route  miles  for
    42  which  such  municipality  has  capital  maintenance responsibility, and
    43  where such eligible capital costs include the costs of construction  and
    44  repair  of  highways,  bridges,  highway-railroad  crossings,  and other
    45  transportation facilities for projects with a service life of ten  years
    46  or more.
    47    §  43.  Subdivision 1 of section 53 of section 1 of chapter 174 of the
    48  laws of 1968, constituting the New York state urban  development  corpo-
    49  ration  act,  as  amended  by section 39 of part XX of chapter 56 of the
    50  laws of 2024, is amended to read as follows:
    51    1. Notwithstanding the provisions of any other law  to  the  contrary,
    52  the dormitory authority and the urban development corporation are hereby
    53  authorized to issue bonds or notes in one or more series for the purpose
    54  of funding project costs for the acquisition of equipment, including but
    55  not  limited  to the creation or modernization of information technology
    56  systems and related research and development equipment, health and safe-

        S. 3005                            107                           A. 3005

     1  ty equipment, heavy equipment and machinery, the creation or improvement
     2  of security systems, and laboratory  equipment  and  other  state  costs
     3  associated  with  such capital projects.  The aggregate principal amount
     4  of  bonds  authorized  to  be  issued pursuant to this section shall not
     5  exceed [five hundred  ninety-three  million  dollars  $593,000,000]  six
     6  hundred  ninety-three  million  dollars  $693,000,000,  excluding  bonds
     7  issued to fund one or more debt service reserve funds, to pay  costs  of
     8  issuance of such bonds, and bonds or notes issued to refund or otherwise
     9  repay such bonds or notes previously issued. Such bonds and notes of the
    10  dormitory authority and the urban development corporation shall not be a
    11  debt  of the state, and the state shall not be liable thereon, nor shall
    12  they be payable out of any funds other than those  appropriated  by  the
    13  state  to  the dormitory authority and the urban development corporation
    14  for principal, interest, and related  expenses  pursuant  to  a  service
    15  contract  and  such  bonds and notes shall contain on the face thereof a
    16  statement to such effect.   Except for purposes of  complying  with  the
    17  internal revenue code, any interest income earned on bond proceeds shall
    18  only be used to pay debt service on such bonds.
    19    §  44.  Subdivision 3 of section 1285-p of the public authorities law,
    20  as amended by section 40 of part XX of chapter 56 of the laws  of  2024,
    21  is amended to read as follows:
    22    3.  The  maximum amount of bonds that may be issued for the purpose of
    23  financing  environmental  infrastructure  projects  authorized  by  this
    24  section  shall  be  [ten  billion  eight  hundred sixty-six million five
    25  hundred sixty thousand dollars  $10,866,560,000]  thirteen  billion  two
    26  hundred   nineteen   million   one   hundred   sixty   thousand  dollars
    27  $13,219,160,000, exclusive of bonds issued  to  fund  any  debt  service
    28  reserve  funds,  pay costs of issuance of such bonds, and bonds or notes
    29  issued to refund or otherwise repay bonds or  notes  previously  issued.
    30  Such  bonds  and  notes  of  the  corporation shall not be a debt of the
    31  state, and the state shall not be liable  thereon,  nor  shall  they  be
    32  payable  out  of any funds other than those appropriated by the state to
    33  the corporation for debt service and related expenses  pursuant  to  any
    34  service  contracts executed pursuant to subdivision one of this section,
    35  and such bonds and notes shall contain on the face thereof  a  statement
    36  to such effect.
    37    §  45.  Subdivision 1 and paragraph (a) of subdivision 2 of section 17
    38  of part D of chapter 389 of the laws of 1997, relating to the  financing
    39  of  the  correctional facilities improvement fund and the youth facility
    40  improvement fund, subdivision 1 as amended by section 41 of part  XX  of
    41  chapter  56  of  the laws of 2024, and paragraph (a) of subdivision 2 as
    42  amended by section 20 of part P2 of chapter 62 of the laws of 2003,  are
    43  amended to read as follows:
    44    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    45  notwithstanding the provisions of section 18 of section 1 of chapter 174
    46  of the laws of 1968, the New York state urban development corporation is
    47  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    48  aggregate  principal amount not to exceed [one billion sixty-six million
    49  seven hundred fifty-five thousand  dollars  $1,066,755,000,  which]  one
    50  billion  two hundred seventeen million seven hundred fifty-five thousand
    51  dollars $1,217,755,000, excluding bonds issued after  April  first,  two
    52  thousand twenty-five to (a) fund one or more debt service reserve funds,
    53  (b)  to pay costs of issuance of such bonds, and (c) refund or otherwise
    54  repay such bonds or notes previously issued, provided that nothing here-
    55  in shall affect the exclusion of refunding debt  issued  prior  to  such
    56  date.  Which  authorization  increases the aggregate principal amount of

        S. 3005                            108                           A. 3005

     1  bonds, notes and other obligations authorized by section 40  of  chapter
     2  309  of  the  laws of 1996, and shall include all bonds, notes and other
     3  obligations issued pursuant to chapter 211  of  the  laws  of  1990,  as
     4  amended  or  supplemented.  The  proceeds  of such bonds, notes or other
     5  obligations shall be paid to the state, for deposit in the youth facili-
     6  ties improvement fund or the capital projects fund, to pay  for  all  or
     7  any  portion  of  the amount or amounts paid by the state from appropri-
     8  ations or reappropriations made to the office  of  children  and  family
     9  services  from  the  youth  facilities  improvement  fund or the capital
    10  projects fund for capital projects.  [The  aggregate  amount  of  bonds,
    11  notes  and  other  obligations  authorized to be issued pursuant to this
    12  section shall exclude bonds, notes or other obligations issued to refund
    13  or otherwise repay bonds, notes or other obligations theretofore issued,
    14  the proceeds of which were paid to the state for all or a portion of the
    15  amounts expended by the state from  appropriations  or  reappropriations
    16  made  to  the office of children and family services; provided, however,
    17  that upon any such refunding or repayment the total aggregate  principal
    18  amount  of  outstanding bonds, notes or other obligations may be greater
    19  than one billion sixty-six million  seven  hundred  fifty-five  thousand
    20  dollars  $1,066,755,000, only if the present value of the aggregate debt
    21  service of the refunding or repayment bonds, notes or other  obligations
    22  to  be  issued  shall not exceed the present value of the aggregate debt
    23  service of the bonds, notes or other obligations so to  be  refunded  or
    24  repaid. For the purposes hereof, the present value of the aggregate debt
    25  service  of the refunding or repayment bonds, notes or other obligations
    26  and of the aggregate debt service of the bonds,  notes  or  other  obli-
    27  gations  so  refunded  or  repaid,  shall be calculated by utilizing the
    28  effective interest rate of the refunding or repayment  bonds,  notes  or
    29  other  obligations,  which shall be that rate arrived at by doubling the
    30  semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
    31  discount  the debt service payments on the refunding or repayment bonds,
    32  notes or other obligations from the payment dates thereof to the date of
    33  issue of the refunding or repayment bonds, notes  or  other  obligations
    34  and  to  the  price bid including estimated accrued interest or proceeds
    35  received by the corporation including estimated  accrued  interest  from
    36  the sale thereof.]
    37    (a) The New York state office of general services shall be responsible
    38  for  the  undertaking  of  studies,  planning, site acquisition, design,
    39  construction, reconstruction, renovation and development of youth facil-
    40  ities and the Tonawanda Indian Community House, including the making  of
    41  any  purchases therefor, on behalf of the New York state office of chil-
    42  dren and family services.
    43    § 46. Subdivision 1 of section 386-b of the public authorities law, as
    44  amended by section 42 of part XX of chapter 56 of the laws of  2024,  is
    45  amended to read as follows:
    46    1.  Notwithstanding  any  other  provision of law to the contrary, the
    47  authority, the dormitory authority and the urban development corporation
    48  are hereby authorized to issue bonds or notes in one or more series  for
    49  the  purpose  of  financing  peace  bridge projects and capital costs of
    50  state and local highways, parkways, bridges, the New York state thruway,
    51  Indian reservation roads, and facilities, and transportation infrastruc-
    52  ture  projects  including  aviation  projects,  non-MTA   mass   transit
    53  projects,  and rail service preservation projects, including work appur-
    54  tenant and ancillary thereto. The aggregate principal  amount  of  bonds
    55  authorized  to  be  issued  pursuant  to  this  section shall not exceed
    56  [fifteen billion two hundred forty million six hundred sixty-nine  thou-

        S. 3005                            109                           A. 3005

     1  sand dollars $15,240,669,000] seventeen billion four million twenty-sev-
     2  en thousand dollars $ 17,004,027,000, excluding bonds issued to fund one
     3  or  more  debt  service  reserve funds, to pay costs of issuance of such
     4  bonds,  and  to refund or otherwise repay such bonds or notes previously
     5  issued. Such bonds and notes of the authority, the  dormitory  authority
     6  and  the urban development corporation shall not be a debt of the state,
     7  and the state shall not be liable thereon, nor shall they be payable out
     8  of any funds other than those appropriated by the state to the  authori-
     9  ty,  the  dormitory  authority and the urban development corporation for
    10  principal, interest, and related expenses pursuant to a service contract
    11  and such bonds and notes shall contain on the face thereof  a  statement
    12  to  such  effect.  Except  for  purposes  of complying with the internal
    13  revenue code, any interest income earned on bond proceeds shall only  be
    14  used to pay debt service on such bonds.
    15    §  47.  Subdivision 1 of section 44 of section 1 of chapter 174 of the
    16  laws of 1968, constituting the New York state urban  development  corpo-
    17  ration  act,  as  amended  by section 43 of part XX of chapter 56 of the
    18  laws of 2024, is amended to read as follows:
    19    1. Notwithstanding the provisions of any other law  to  the  contrary,
    20  the  dormitory  authority  and  the corporation are hereby authorized to
    21  issue bonds or notes in one or more series for the  purpose  of  funding
    22  project  costs for the regional economic development council initiative,
    23  the economic  transformation  program,  state  university  of  New  York
    24  college  for nanoscale and science engineering, projects within the city
    25  of Buffalo or surrounding environs, the New York works economic develop-
    26  ment fund, projects for the retention of professional football in  west-
    27  ern  New York, the empire state economic development fund, the clarkson-
    28  trudeau partnership, the New York genome center, the cornell  university
    29  college of veterinary medicine, the olympic regional development author-
    30  ity,  projects  at  nano Utica, onondaga county revitalization projects,
    31  Binghamton university school of pharmacy,  New  York  power  electronics
    32  manufacturing  consortium,  regional  infrastructure projects, high tech
    33  innovation and economic development infrastructure program,  high  tech-
    34  nology  manufacturing  projects in Chautauqua and Erie county, an indus-
    35  trial scale research and development facility in Clinton county, upstate
    36  revitalization initiative projects, downstate revitalization initiative,
    37  market New York projects, fairground buildings, equipment or  facilities
    38  used  to house and promote agriculture, the state fair, the empire state
    39  trail, the moynihan station development project, the Kingsbridge  armory
    40  project, strategic economic development projects, the cultural, arts and
    41  public  spaces fund, water infrastructure in the city of Auburn and town
    42  of Owasco, a life sciences laboratory public health initiative, not-for-
    43  profit pounds, shelters and humane societies, arts and cultural  facili-
    44  ties  improvement  program,  restore  New York's communities initiative,
    45  heavy  equipment,  economic  development  and  infrastructure  projects,
    46  Roosevelt  Island  operating  corporation capital projects, Lake Ontario
    47  regional projects, Pennsylvania  station  and  other  transit  projects,
    48  athletic facilities for professional football in Orchard Park, New York,
    49  Rush  - NY, New York AI Consortium, New York Creates UEV Tool, and other
    50  state costs associated  with  such  projects.  The  aggregate  principal
    51  amount  of  bonds authorized to be issued pursuant to this section shall
    52  not exceed [twenty  billion  eight  hundred  seventy-eight  million  one
    53  hundred ninety-four thousand dollars $20,878,194,000] twenty-two billion
    54  eight  hundred  forty-nine  million  nine  hundred  fifty-three thousand
    55  dollars $22,849,953,000, excluding bonds issued to fund one or more debt
    56  service reserve funds, to pay costs of issuance of such bonds, and bonds

        S. 3005                            110                           A. 3005

     1  or notes issued to refund or otherwise repay such bonds or notes  previ-
     2  ously  issued.  Such  bonds and notes of the dormitory authority and the
     3  corporation shall not be a debt of the state, and the state shall not be
     4  liable  thereon,  nor  shall they be payable out of any funds other than
     5  those appropriated by the state  to  the  dormitory  authority  and  the
     6  corporation  for principal, interest, and related expenses pursuant to a
     7  service contract and such bonds and notes  shall  contain  on  the  face
     8  thereof  a  statement  to  such effect. Except for purposes of complying
     9  with the internal revenue code,  any  interest  income  earned  on  bond
    10  proceeds shall only be used to pay debt service on such bonds.
    11    §  48.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
    12  laws of 2005, relating to providing for the  administration  of  certain
    13  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    14  section 44 of part XX of chapter 56 of the laws of 2024, is  amended  to
    15  read as follows:
    16    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    17  notwithstanding any provisions of law  to  the  contrary,  one  or  more
    18  authorized  issuers  as defined by section 68-a of the state finance law
    19  are hereby authorized to issue bonds or notes in one or more  series  in
    20  an  aggregate  principal  amount not to exceed [two hundred ninety-seven
    21  million dollars $297,000,000] three hundred ninety-seven million dollars
    22  $397,000,000, excluding bonds issued to finance one or more debt service
    23  reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
    24  notes issued to refund or otherwise repay such bonds or notes previously
    25  issued,  for  the  purpose  of  financing  capital  projects  for public
    26  protection facilities in the Division of  Military  and  Naval  Affairs,
    27  debt  service  and  leases;  and to reimburse the state general fund for
    28  disbursements made therefor. Such bonds and  notes  of  such  authorized
    29  issuer  shall  not  be  a  debt of the state, and the state shall not be
    30  liable thereon, nor shall they be payable out of any  funds  other  than
    31  those  appropriated  by  the  state  to  such authorized issuer for debt
    32  service and related expenses pursuant to any service  contract  executed
    33  pursuant  to  subdivision  (b)  of this section and such bonds and notes
    34  shall contain on the face thereof a statement to such effect. Except for
    35  purposes of complying with  the  internal  revenue  code,  any  interest
    36  income earned on bond proceeds shall only be used to pay debt service on
    37  such bonds.
    38    §  49.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
    39  laws of 1968, constituting the New York state urban  development  corpo-
    40  ration  act,  as  amended  by section 45 of part XX of chapter 56 of the
    41  laws of 2024, is amended to read as follows:
    42    1. Notwithstanding the provisions of any other law  to  the  contrary,
    43  the dormitory authority and the urban development corporation are hereby
    44  authorized to issue bonds or notes in one or more series for the purpose
    45  of  funding project costs undertaken by or on behalf of the state educa-
    46  tion department, special act school districts,  state-supported  schools
    47  for  the  blind  and  deaf,  approved private special education schools,
    48  non-public schools, community centers, day care facilities,  residential
    49  camps, day camps, Native American Indian Nation schools, and other state
    50  costs  associated  with  such  capital projects. The aggregate principal
    51  amount of bonds authorized to be issued pursuant to this  section  shall
    52  not  exceed [three hundred ninety-six million eight hundred ninety-eight
    53  thousand dollars $396,898,000] four hundred forty million three  hundred
    54  ninety-seven  thousand  dollars  $440,397,000, excluding bonds issued to
    55  fund one or more debt service reserve funds, to pay costs of issuance of
    56  such bonds, and bonds or notes issued to refund or otherwise repay  such

        S. 3005                            111                           A. 3005

     1  bonds  or notes previously issued. Such bonds and notes of the dormitory
     2  authority and the urban development corporation shall not be a  debt  of
     3  the  state, and the state shall not be liable thereon, nor shall they be
     4  payable  out  of any funds other than those appropriated by the state to
     5  the dormitory authority and the urban development corporation for  prin-
     6  cipal, interest, and related expenses pursuant to a service contract and
     7  such  bonds  and  notes shall contain on the face thereof a statement to
     8  such effect. Except for purposes of complying with the internal  revenue
     9  code,  any interest income earned on bond proceeds shall only be used to
    10  pay debt service on such bonds.
    11    § 50. Subdivision 1 of section 1680-k of the public  authorities  law,
    12  as  amended  by section 46 of part XX of chapter 56 of the laws of 2024,
    13  is amended to read as follows:
    14    1. Subject to the provisions of chapter fifty-nine of the laws of  two
    15  thousand, but notwithstanding any provisions of law to the contrary, the
    16  dormitory  authority is hereby authorized to issue bonds or notes in one
    17  or more series in an aggregate principal amount not to exceed [forty-one
    18  million  sixty  thousand  dollars  $41,060,000]  forty-one  million  one
    19  hundred  seventy-five  thousand  dollars  $41,175,000,  excluding  bonds
    20  issued to finance one or more debt service reserve funds, to  pay  costs
    21  of issuance of such bonds, and bonds or notes issued to refund or other-
    22  wise  repay  such  bonds  or notes previously issued, for the purpose of
    23  financing the construction of the New York state agriculture and markets
    24  food laboratory. Eligible project costs may include, but not be  limited
    25  to  the cost of design, financing, site investigations, site acquisition
    26  and preparation, demolition, construction,  rehabilitation,  acquisition
    27  of  machinery and equipment, and infrastructure improvements. Such bonds
    28  and notes of such authorized issuers shall not be a debt of  the  state,
    29  and the state shall not be liable thereon, nor shall they be payable out
    30  of  any funds other than those appropriated by the state to such author-
    31  ized issuers for debt service  and  related  expenses  pursuant  to  any
    32  service  contract  executed  pursuant to subdivision two of this section
    33  and such bonds and notes shall contain on the face thereof  a  statement
    34  to  such  effect.  Except  for  purposes  of complying with the internal
    35  revenue code, any interest income earned on bond proceeds shall only  be
    36  used to pay debt service on such bonds.
    37    §  51.  Subdivision 1 of section 1680-r of the public authorities law,
    38  as amended by section 46 of part PP of chapter 56 of the laws  of  2023,
    39  is amended to read as follows:
    40    1.  Notwithstanding  the  provisions of any other law to the contrary,
    41  the dormitory authority and the urban development corporation are hereby
    42  authorized to issue bonds or notes in one or more series for the purpose
    43  of funding project costs for the capital restructuring financing program
    44  for health care and related facilities licensed pursuant to  the  public
    45  health  law  or  the mental hygiene law and other state costs associated
    46  with such capital projects,  the  health  care  facility  transformation
    47  programs,  the  essential health care provider program, and other health
    48  care capital project costs. The  aggregate  principal  amount  of  bonds
    49  authorized  to be issued pursuant to this section shall not exceed [five
    50  billion one hundred  fifty-three  million  dollars  $5,153,000,000]  six
    51  billion  one hundred sixty-eight million dollars $6,168,000,000, exclud-
    52  ing bonds issued to fund one or more debt service reserve funds, to  pay
    53  costs  of issuance of such bonds, and bonds or notes issued to refund or
    54  otherwise repay such bonds or notes previously issued.  Such  bonds  and
    55  notes  of  the dormitory authority and the urban development corporation
    56  shall not be a debt of the state, and the  state  shall  not  be  liable

        S. 3005                            112                           A. 3005

     1  thereon,  nor  shall  they  be payable out of any funds other than those
     2  appropriated by the state to  the  dormitory  authority  and  the  urban
     3  development  corporation  for  principal, interest, and related expenses
     4  pursuant to a service contract and such bonds and notes shall contain on
     5  the  face  thereof  a  statement  to such effect. Except for purposes of
     6  complying with the internal revenue code, any interest income earned  on
     7  bond proceeds shall only be used to pay debt service on such bonds.
     8    § 52. Subdivision 1 of section 386-a of the public authorities law, as
     9  amended  by  section 55 of part XX of chapter 56 of the laws of 2024, is
    10  amended to read as follows:
    11    1. Notwithstanding any other provision of law  to  the  contrary,  the
    12  authority, the dormitory authority and the urban development corporation
    13  are  hereby authorized to issue bonds or notes in one or more series for
    14  the purpose of assisting the metropolitan  transportation  authority  in
    15  the  financing  of  transportation  facilities as defined in subdivision
    16  seventeen of section twelve hundred sixty-one of this chapter  or  other
    17  capital  projects. The aggregate principal amount of bonds authorized to
    18  be issued pursuant to this section shall not exceed [twelve billion five
    19  hundred  fifteen  million  eight  hundred  fifty-six  thousand   dollars
    20  $12,515,856,000]  fifteen  billion  five  hundred  fifteen million eight
    21  hundred fifty-six  thousand  dollars  $15,515,856,000,  excluding  bonds
    22  issued  to  fund one or more debt service reserve funds, to pay costs of
    23  issuance of such bonds, and to refund or otherwise repay such  bonds  or
    24  notes  previously  issued.  Such  bonds  and notes of the authority, the
    25  dormitory authority and the urban development corporation shall not be a
    26  debt of the state, and the state shall not be liable thereon, nor  shall
    27  they  be  payable  out of any funds other than those appropriated by the
    28  state to the authority, the dormitory authority and the  urban  develop-
    29  ment  corporation for principal, interest, and related expenses pursuant
    30  to a service contract and such bonds and notes shall contain on the face
    31  thereof a statement to such effect. Except  for  purposes  of  complying
    32  with  the  internal  revenue  code,  any  interest income earned on bond
    33  proceeds shall only be used to pay debt service on such bonds.  Notwith-
    34  standing any other provision of law to the contrary, including the limi-
    35  tations  contained  in  subdivision four of section sixty-seven-b of the
    36  state finance law, (A) any bonds and notes issued prior to April  first,
    37  two  thousand twenty-seven pursuant to this section may be issued with a
    38  maximum maturity of fifty years, and (B) any bonds issued to refund such
    39  bonds and notes may be issued with a maximum  maturity  of  fifty  years
    40  from the respective date of original issuance of such bonds and notes.
    41    §  53.  Subdivision  (a)  of section 27 of part Y of chapter 61 of the
    42  laws of 2005, relating to providing for the  administration  of  certain
    43  funds  and  accounts  related  to  the  2005-2006  budget, as amended by
    44  section 28 of part PP of chapter 56 of the laws of 2023, is  amended  to
    45  read as follows:
    46    (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
    47  notwithstanding any provisions of law to the contrary, the urban  devel-
    48  opment  corporation  is hereby authorized to issue bonds or notes in one
    49  or more series in an aggregate principal  amount  not  to  exceed  [five
    50  hundred  thirty-eight million one hundred thousand dollars $538,100,000]
    51  five hundred fifty million one hundred  thousand  dollars  $550,100,000,
    52  excluding  bonds  issued  to  finance  one  or more debt service reserve
    53  funds, to pay costs of issuance of such bonds, and bonds or notes issued
    54  to refund or otherwise repay such bonds or notes previously issued,  for
    55  the  purpose  of financing capital projects including IT initiatives for
    56  the division of state police, debt service and leases; and to  reimburse

        S. 3005                            113                           A. 3005

     1  the  state  general fund for disbursements made therefor. Such bonds and
     2  notes of such authorized issuer shall not be a debt of  the  state,  and
     3  the  state shall not be liable thereon, nor shall they be payable out of
     4  any  funds other than those appropriated by the state to such authorized
     5  issuer for debt service and related expenses  pursuant  to  any  service
     6  contract  executed  pursuant to subdivision (b) of this section and such
     7  bonds and notes shall contain on the face thereof a  statement  to  such
     8  effect. Except for purposes of complying with the internal revenue code,
     9  any  interest  income  earned on bond proceeds shall only be used to pay
    10  debt service on such bonds.
    11    § 54. Subdivision 3 of section 1285-q of the public  authorities  law,
    12  as  amended  by section 43 of part BB of chapter 56 of the laws of 2015,
    13  is amended to read as follows:
    14    3. The maximum amount of bonds that may be issued for the  purpose  of
    15  financing  hazardous  waste  site remediation projects and environmental
    16  restoration projects authorized by this section shall  not  exceed  [two
    17  billion  two  hundred  million dollars] three billion four hundred fifty
    18  million dollars $3,450,000,000 and shall not exceed one hundred  million
    19  dollars  for  appropriations enacted for any state fiscal year, provided
    20  that the bonds not issued for such appropriations may be issued pursuant
    21  to reappropriation in subsequent fiscal years. [No bonds shall be issued
    22  for the repayment of any new appropriation enacted after  March  thirty-
    23  first,  two  thousand  twenty-six  for  hazardous waste site remediation
    24  projects authorized by this section.] Amounts authorized to be issued by
    25  this section shall be exclusive of bonds issued to fund any debt service
    26  reserve funds, pay costs of issuance of such bonds, and bonds  or  notes
    27  issued  to  refund  or otherwise repay bonds or notes previously issued.
    28  Such bonds and notes of the corporation shall  not  be  a  debt  of  the
    29  state,  and  the  state  shall  not be liable thereon, nor shall they be
    30  payable out of any funds other than those appropriated by this state  to
    31  the  corporation  for  debt service and related expenses pursuant to any
    32  service contracts executed pursuant to subdivision one of this  section,
    33  and  such  bonds and notes shall contain on the face thereof a statement
    34  to such effect.
    35    § 55. Subdivision 1 of section 16 of part D of chapter 389 of the laws
    36  of 1997, relating  to  the  financing  of  the  correctional  facilities
    37  improvement  fund and the youth facility improvement fund, as amended by
    38  section 28 of part XX of chapter 56 of the laws of 2024, is  amended  to
    39  read as follows:
    40    1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
    41  notwithstanding the provisions of section 18 of section 1 of chapter 174
    42  of the laws of 1968, the New York state urban development corporation is
    43  hereby authorized to issue bonds, notes  and  other  obligations  in  an
    44  aggregate  principal amount not to exceed [ten billion two hundred nine-
    45  ty-nine   million   three   hundred    fifty-nine    thousand    dollars
    46  $10,299,359,000,  and  shall  include  all  bonds, notes and other obli-
    47  gations issued pursuant to chapter 56 of the laws of 1983, as amended or
    48  supplemented. The proceeds of such bonds,  notes  or  other  obligations
    49  shall  be  paid to the state, for deposit in the correctional facilities
    50  capital improvement fund to pay for all or any portion of the amount  or
    51  amounts  paid  by the state from appropriations or reappropriations made
    52  to the department of corrections  and  community  supervision  from  the
    53  correctional  facilities  capital improvement fund for capital projects.
    54  The aggregate amount of bonds, notes or other obligations authorized  to
    55  be  issued  pursuant to this section shall exclude bonds, notes or other
    56  obligations issued to refund or otherwise repay bonds,  notes  or  other

        S. 3005                            114                           A. 3005

     1  obligations  theretofore  issued, the proceeds of which were paid to the
     2  state for all or a portion of the amounts expended  by  the  state  from
     3  appropriations or reappropriations made to the department of corrections
     4  and community supervision; provided, however, that upon any such refund-
     5  ing  or  repayment  the  total aggregate principal amount of outstanding
     6  bonds, notes or other obligations may be greater than  ten  billion  two
     7  hundred  ninety-nine  million  three hundred fifty-nine thousand dollars
     8  $10,299,359,000, only if the present value of the aggregate debt service
     9  of the refunding or repayment bonds, notes or other  obligations  to  be
    10  issued  shall not exceed the present value of the aggregate debt service
    11  of the bonds, notes or other obligations so to be  refunded  or  repaid.
    12  For the purposes hereof, the present value of the aggregate debt service
    13  of  the  refunding or repayment bonds, notes or other obligations and of
    14  the aggregate debt service of the bonds, notes or other  obligations  so
    15  refunded  or  repaid,  shall  be  calculated  by utilizing the effective
    16  interest rate of the refunding or repayment bonds, notes or other  obli-
    17  gations, which shall be that rate arrived at by doubling the semi-annual
    18  interest  rate (compounded semi-annually) necessary to discount the debt
    19  service payments on the refunding or repayment  bonds,  notes  or  other
    20  obligations  from  the payment dates thereof to the date of issue of the
    21  refunding or repayment bonds, notes or  other  obligations  and  to  the
    22  price  bid  including estimated accrued interest or proceeds received by
    23  the corporation including estimated accrued interest from the sale ther-
    24  eof] eleven billion one hundred seventeen million three  hundred  fifty-
    25  nine  thousand  dollars  $11,117,359,000,  excluding  bonds issued after
    26  April first, two thousand twenty-five to  (i)  fund  one  or  more  debt
    27  service  reserve  funds,  (ii)  pay costs of issuance of such bonds, and
    28  (iii) refund or otherwise repay such bonds or notes  previously  issued,
    29  provided  that  nothing  herein  shall affect the exclusion of refunding
    30  debt issued prior to such date.
    31    § 56. The opening paragraph of section 3573 of the public  authorities
    32  law,  as  added  by chapter 5 of the laws of 1997, is amended to read as
    33  follows:
    34    Notwithstanding any provision of this article or any  other  provision
    35  of law to the contrary, so long as bonds issued by the dormitory author-
    36  ity  [to  finance  facilities  for] on or before March thirty-first, two
    37  thousand twenty-five to make loans to the department of  health  of  the
    38  state of New York to finance state hospital facilities listed in section
    39  four  hundred  three  of  the  public  health  law remain outstanding as
    40  defined in the bond resolution under which such bonds were  issued,  the
    41  following provisions shall be applicable:
    42    §  57.  Paragraph  (a)  of  subdivision 2 of section 409 of the public
    43  health law, as amended by chapter 5 of the laws of 1997, is amended  and
    44  a new subdivision 6 is added to read as follows:
    45    (a)  The  commissioner  shall,  after  the first day of July, nineteen
    46  hundred seventy-one, pay over moneys received by the department  includ-
    47  ing,  subject  to  subdivision six of this section, moneys received from
    48  the Roswell Park Cancer Institute corporation for the care,  maintenance
    49  and  treatment  of  patients  at  state  hospitals  in the department as
    50  enumerated in section four hundred three of this chapter, together  with
    51  money  received  from  fees, including parking fees, refunds, reimburse-
    52  ments, payments received pursuant  to  leases,  sales  of  property  and
    53  miscellaneous  receipts  of  such  hospitals  other  than gifts, grants,
    54  bequests and moneys received  under  research  contracts,  and  clinical
    55  practice  income  received  pursuant  to a clinical practice plan estab-
    56  lished pursuant to subdivision fourteen of section two  hundred  six  of

        S. 3005                            115                           A. 3005

     1  this  chapter except for the amount of money required by the comptroller
     2  to be maintained on deposit in the  department  of  health  income  fund
     3  pursuant  to paragraph (c) of this subdivision less payments required to
     4  be  made  into  pools created by this chapter and for assessments estab-
     5  lished pursuant to this chapter and less refunds made pursuant  to  law,
     6  to  the  comptroller  to  be  deposited  by [him] the comptroller in the
     7  department of health income fund. Such moneys shall be kept separate and
     8  shall not be commingled with any other moneys in the hands of the  comp-
     9  troller.  All  deposits  of  such  money shall, if required by the comp-
    10  troller, be secured by obligations of the United States or of the  state
    11  of  market value equal at all times to the amount of the deposit and all
    12  banks and trust companies are authorized to  give  such  securities  for
    13  such deposits. The commissioner shall identify to the comptroller moneys
    14  received  from  Roswell Park Cancer Institute corporation or its subsid-
    15  iaries.
    16    6. Notwithstanding the foregoing provisions of this section, upon  the
    17  payment  or  provision for payment of all outstanding bonds issued on or
    18  before March thirty-first, two thousand  twenty-five  by  the  dormitory
    19  authority  to make loans to the department to finance or refinance state
    20  hospital facilities in accordance with the terms of the bond  resolution
    21  under  which  such bonds were issued, the provisions of subdivisions two
    22  and five of this section requiring (i) the payment and identification by
    23  the department to the comptroller of moneys received  from  the  Roswell
    24  Park  Cancer  Institute corporation, (ii) the deposit and maintenance of
    25  such moneys from the Roswell Park Cancer Institute  corporation  by  the
    26  comptroller  in  the  department  of  health  income fund, and (iii) the
    27  release of excess moneys in the department of health income fund  attri-
    28  buted  to the operation of the Roswell Park Cancer Institute corporation
    29  or its subsidiaries, shall no longer be applicable and, thereafter,  all
    30  such  moneys  from  the  operation  of the Roswell Park Cancer Institute
    31  corporation shall remain in the custody and/or  control  of  the  corpo-
    32  ration and/or its subsidiaries.
    33    §  58.  Paragraph (b) of subdivision 1 of section 54-b of section 1 of
    34  chapter 174 of the laws  of  1968  constituting  the  urban  development
    35  corporation  act,  as  amended by section 54 of part XX of chapter 56 of
    36  the laws of 2024, is amended to read as follows:
    37    (b) Notwithstanding any  other  provision  of  law  to  the  contrary,
    38  including,  specifically,  the  provisions  of chapter 59 of the laws of
    39  2000 and section sixty-seven-b of the state finance law,  the  dormitory
    40  authority  of  the  state  of  New  York  and the corporation are hereby
    41  authorized to issue personal income tax revenue anticipation notes  with
    42  a  maturity  no  later than March 31[, 2025] of the state fiscal year in
    43  which such notes are issued, in one or more series in an aggregate prin-
    44  cipal amount for each fiscal year not to exceed three  billion  dollars,
    45  and to pay costs of issuance of such notes, for the purpose of temporar-
    46  ily  financing  budgetary needs of the state. Such purpose shall consti-
    47  tute  an  authorized  purpose   under   subdivision   two   of   section
    48  sixty-eight-a  of  the  state  finance  law  for all purposes of article
    49  five-C of the state finance law with respect to the notes authorized  by
    50  this  paragraph.  Such notes shall not be renewed, extended or refunded.
    51  For so long as any notes authorized by this paragraph shall be outstand-
    52  ing, the restrictions, limitations and requirements contained in article
    53  five-B of the state finance law shall not apply.
    54    § 59. Subdivision 8 of section 68-b  of  the  state  finance  law,  as
    55  amended  by section 60 of part JJJ of chapter 59 of the laws of 2021, is
    56  amended to read as follows:

        S. 3005                            116                           A. 3005

     1    8. Revenue bonds may  only  be  issued  for  authorized  purposes,  as
     2  defined  in  section  sixty-eight-a of this article. Notwithstanding the
     3  foregoing, the dormitory authority of the state of New York,  the  urban
     4  development corporation [and], the New York state thruway authority, the
     5  New  York  state housing finance agency, and the New York state environ-
     6  mental facilities corporation may issue revenue bonds for any authorized
     7  purpose of any other such authorized issuer [through March thirty-first,
     8  two thousand twenty-five]. Any such revenue bonds issued by the New York
     9  state thruway authority shall be subject to the approval of the New York
    10  state public authorities control board, pursuant to section fifty-one of
    11  the public authorities law. The authorized issuers shall not  issue  any
    12  revenue  bonds  in  an  amount in excess of statutory authorizations for
    13  such authorized purposes.  Authorizations for such  authorized  purposes
    14  shall  be  reduced  in  an  amount  equal to the amount of revenue bonds
    15  issued for such authorized purposes under this article.  Such  reduction
    16  shall  not  be  made in relation to revenue bonds issued to fund reserve
    17  funds, if any, and costs of issuance, [if these items  are  not  counted
    18  under existing authorizations,] nor shall revenue bonds issued to refund
    19  bonds  issued  under  existing  authorizations reduce the amount of such
    20  authorizations.
    21    § 60. Subdivision 1 of section 56 of the state finance law, as amended
    22  by chapter 415 of the laws of 1986, is amended to read as follows:
    23    1. Whenever in [his] the comptroller's opinion it is to the  advantage
    24  of  the  state the comptroller when issuing and selling any bonds of the
    25  state may reserve to the state on such  conditions  as  [he]  the  comp-
    26  troller  may  deem advisable and proper the privilege of refunding or of
    27  redeeming [at not more than three per centum above par value] all or any
    28  part of such bonds prior to the date on which  they  shall  be  due  and
    29  payable.
    30    §  61.  This  act shall take effect immediately and shall be deemed to
    31  have been in full force and effect on and after April 1, 2025; provided,
    32  however, that the provisions of sections one, two,  three,  four,  five,
    33  six,  seven,  eight,  thirteen,  fourteen,  fifteen, sixteen, seventeen,
    34  eighteen, nineteen, twenty and twenty-one of this act shall expire March
    35  31, 2026.
    36    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    37  sion, section or part of this act shall be  adjudged  by  any  court  of
    38  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    39  impair, or invalidate the remainder thereof, but shall  be  confined  in
    40  its  operation  to the clause, sentence, paragraph, subdivision, section
    41  or part thereof directly involved in the controversy in which such judg-
    42  ment shall have been rendered. It is hereby declared to be the intent of
    43  the legislature that this act would  have  been  enacted  even  if  such
    44  invalid provisions had not been included herein.
    45    §  3.  This  act shall take effect immediately provided, however, that
    46  the applicable effective date of Parts A through EE of this act shall be
    47  as specifically set forth in the last section of such Parts.
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