STATE OF NEW YORK ________________________________________________________________________ 8434 2019-2020 Regular Sessions IN ASSEMBLY June 21, 2019 ___________ Introduced by M. of A. WEINSTEIN -- (at request of the Budget Article VII) -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 54 of the laws of 2019, enacting the capital projects budget, in relation to the support of government The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of chapter 54 of the laws of 2019, enacting the 2 capital projects budget, is amended by repealing the items hereinbelow 3 set forth in brackets and by adding to such section the other items 4 underscored in this section. 5 DEPARTMENT OF AGRICULTURE AND MARKETS 6 CAPITAL PROJECTS 2019-20 7 For the comprehensive construction programs, purposes and 8 projects as herein specified in accordance with the 9 following: 10 APPROPRIATIONS REAPPROPRIATIONS 11 Capital Projects Funds - Other ..... [~~9,415,000~~] 36,482,000 12 19,415,000 13 ---------------- ---------------- 14 All Funds ........................ [~~9,415,000~~] 36,482,000 15 19,415,000 16 ================ ================ 17 NEW FACILITIES PURPOSE (CCP) .................. 10,000,000 18 -------------- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12039-01-9

A. 8434 2 1 Capital Projects Funds - Other 2 Capital Projects Fund 3 New Facilities Purpose 4 For payment to agricultural or horticultural 5 corporations and county extension service 6 associations that are eligible to receive 7 premium reimbursement pursuant to section 8 286 of the agriculture and markets law 9 for: the costs of construction, reno- 10 vation, alteration, rehabilitation, 11 improvements, installation, acquisition, 12 repair or replacement of fairground build- 13 ings, equipment or permanent or temporary 14 facilities used to house or promote agri- 15 culture, excluding parking facilities and 16 signage; or for the costs of construction, 17 renovation, alteration, rehabilitation, 18 improvements, installation, acquisition, 19 repair or replacement of water systems, 20 restrooms, septic systems, and/or storm 21 water management systems on fairgrounds or 22 in fairground buildings to be allocated by 23 the commissioner in amounts not to exceed 24 $200,000 to such eligible agricultural and 25 horticultural corporations or county 26 extension services on a non-competitive 27 basis until such funds are exhausted 28 (60LF1903) ................................... 5,000,000 29 For grants to municipal and incorporated 30 not-for-profit pounds, shelters and humane 31 societies. Use of the grant funds is 32 restricted to the costs of capital 33 projects including, but not limited to, 34 construction, renovation, rehabilitation, 35 installation, acquisition, or expansion of 36 buildings, equipment, or facilities neces- 37 sary for the secure containment, health, 38 and adequate care of sheltered dogs and 39 cats. These grants shall be allocated by 40 the commissioner on a competitive basis 41 until such funds are extinguished as 42 follows: (a) In municipalities with a 43 population of less than two million, for 44 such pounds, shelters or humane societies 45 that are operated by or under contract for 46 the provision of pound or shelter services 47 with one or more municipalities: projects 48 serving an individual municipality, grants 49 in amounts not less than $50,000 and not 50 more than $200,000, not to exceed fifty 51 percent of the total project cost; and for 52 projects serving two or more munici- 53 palities, grants in amounts not less than 54 $100,000 and not more than $500,000, not 55 to exceed seventy-five percent of the

A. 8434 3 1 total project cost; (b) In municipalities 2 with a population of more than two 3 million, for such pounds, shelters or 4 humane societies that are operated by or 5 under contract for the provision of pound 6 or shelter services with one or more muni- 7 cipalities, grants in amounts not less 8 than $100,000 and not more than $500,000, 9 not to exceed seventy-five percent of the 10 total project cost; and (c) to the extent 11 such funds have not been extinguished, for 12 projects in underserved municipalities or 13 regions, for such pounds, shelters or 14 humane societies that are not operated by 15 or under contract with one or more munici- 16 palities for the provision of pound or 17 shelter services, grants in amounts not 18 more than $50,000, not to exceed fifty 19 percent of the total project cost. Up to 20 five percent of the total appropriation 21 amount may be made available for the 22 services and expenses of the department in 23 relation to these grants, including 24 personal service, non-personal service, 25 fringe benefits, and indirect costs 26 (60AS1903) ................................... 5,000,000 27 EDUCATION DEPARTMENT 28 CAPITAL PROJECTS 2019-20 29 For the comprehensive construction programs, purposes and 30 projects as herein specified in accordance with the 31 following: 32 APPROPRIATIONS REAPPROPRIATIONS 33 Capital Projects Funds - Other ..... [~~101,200,000~~] 3,944,883,000 34 141,200,000 35 ---------------- ---------------- 36 All Funds ........................ [~~101,200,000~~] 3,944,883,000 37 141,200,000 38 ================ ================ 39 LIBRARY CONSTRUCTION (CCP) ................... [~~14,000,000~~] 34,000,000 40 -------------- 41 Capital Projects Funds - Other 42 Capital Projects Fund - 30000 43 Program Improvement/Change Purpose 44 For total approved project costs pursuant to 45 section 273-a of the education law, for 46 approved projects, excluding feasibility 47 studies, plans or similar activities, for 48 the acquisition of vacant land and the

A. 8434 4 1 acquisition, construction, renovation or 2 rehabilitation, including leasehold 3 improvements, of buildings of public 4 libraries and library systems chartered by 5 the regents of the state of New York or 6 established by an act of the legislature, 7 subject to distribution provisions in 8 subdivision 5 of section 273-a of the 9 education law on and upon approval by the 10 commissioner (11011908) (23486) ............. 14,000,000 11 For additional total approved project costs 12 pursuant to section 273-a of the education 13 law, for approved projects, excluding 14 feasibility studies, plans or similar 15 activities, for the acquisition of vacant 16 land and the acquisition, construction, 17 renovation or rehabilitiation, including 18 leasehold improvements, of buildings of 19 public libraries and library systems char- 20 tered by the regents of the state of New 21 York or established by an act of the 22 legislature, subject to distribution 23 provisions in subdivision 5 of section 24 273-a of the education law and upon 25 approval by the commissioner (11001908) 26 (55925) ..................................... 20,000,000 27 MATCHING GRANTS FOR SAFETY AND SECURITY PROJECTS FOR AT 28 RISK FACILITIES (CCP) ..................................... 20,000,000 29 Capital Projects Funds - Other 30 Capital Projects Fund - 30000 31 Program Improvement/Change Purpose 32 For a competitive grant program to provide 33 safety and security projects at nonpublic 34 schools and day camps at risk of hate 35 crimes or attacks because of their ideol- 36 ogy, beliefs or mission. Provided that an 37 assessment of facilities at risk may 38 include, but not be limited to, consider- 39 ations of the vulnerabilities of the 40 organization based on its location and 41 membership, and the potential consequences 42 of a hate crime or attack at the facility. 43 Provided further that recipients of such 44 grants may be required to commit to under- 45 take matching safety and security projects 46 in an amount established in the request 47 for applications for such grants. The 48 amount appropriated herein may be trans- 49 ferred or suballocated to the division of 50 homeland security and emergency services 51 to accomplish the intent of this appropri- 52 ation ....................................... 20,000,000

A. 8434 5 1 DEPARTMENT OF HEALTH 2 CAPITAL PROJECTS - REAPPROPRIATIONS 2019-20 3 HEALTH CARE FACILITY TRANSFORMATION PROGRAM (CCP) 4 Capital Projects Funds - Other 5 Capital Projects Fund - 30000 6 Health Care System Improvement Purpose 7 The appropriation made by chapter 54, section 1, of the laws of 2018, as 8 amended by chapter 54, section 1, of the laws of 2019, is hereby 9 amended and reappropriated to read: 10 For payments and grants to support health care facility transformation 11 statewide. Notwithstanding section 163 of the state finance law or 12 any other provision of law to the contrary, this appropriation may 13 be used to fund payments and or grants, including up to $5,000,000 14 to regional perinatal care centers or other health providers to 15 establish telehealth applications, made by the commissioner of 16 health in his or her sole discretion, without a competitive bid or 17 request for proposal process, to eligible applicants as determined 18 by the commissioner of health for the purposes that strengthen and 19 protect continued access to health care services in communities 20 including but not limited to children's residential treatment facil- 21 ities. Such purposes may include debt retirement and capital 22 projects or non-capital projects that facilitate health care trans- 23 formation activities including, merger, consolidation, acquisition 24 or other activities intended to: create financially sustainable 25 systems of care; preserve or expand essential health care services; 26 modernize obsolete facility physical plants and infrastructure; 27 foster participation in alternative payment arrangements, including 28 but not limited to contracts with managed care plans and accountable 29 care organizations; increase the quality of resident care or experi- 30 ence in residential health care facilities; or improve health infor- 31 mation technology infrastructure, including telehealth, to strength- 32 en the acute, post-acute care, primary care, and longterm care 33 continuum. Grants shall not be available to support general operat- 34 ing expenses. 35 The commissioner and the president of the dormitory authority of the 36 state of New York shall enter into an agreement, subject to the 37 approval of the director of the budget, and subject to section 38 1680-r of the public authorities law, for the purposes of awarding, 39 distributing, and administering the funds made available pursuant to 40 this appropriation. 41 In determining awards for eligible applicants under this appropri- 42 ation, the commissioner of health shall consider criteria including, 43 but not limited to: 44 (a) The extent to which the proposed project will contribute to the 45 integration of health care services or the long term sustainability 46 of the applicant or preservation of essential health services in the 47 community or communities served by the applicant; 48 (b) The extent to which the proposed project or purpose is aligned 49 with delivery system reform incentive payment ("DSRIP") program 50 goals and objectives; 51 (c) The geographic distribution of funds;

A. 8434 6 1 (d) The relationship between the proposed project and identified 2 community need; 3 (e) The extent to which the applicant has access to alternative 4 financing; 5 (f) The extent to which the proposed project furthers the development 6 of primary care and other outpatient services; 7 (g) The extent to which the proposed project benefits medicaid enrol- 8 lees and uninsured individuals; 9 (h) The extent to which the applicant has engaged the community 10 affected by the proposed project and the manner in which community 11 engagement has shaped such project; and 12 (i) The extent to which the proposed project addresses potential risk 13 to patient safety and welfare. 14 Notwithstanding any inconsistent provision of law to the contrary, and 15 upon approval of the director of the budget, the commissioner may 16 award up to $300,000,000 of the funds made available pursuant to 17 this appropriation for unfunded project applications submitted in 18 response to the request for applications number 17648 issued by the 19 department on January 8, 2018 pursuant to section 2825-e of the 20 public health law. 21 Authorized amounts to be awarded pursuant to applications submitted in 22 response to the request for application number 17648 shall be 23 awarded no later than [~~May~~] September 1, 2019. 24 The department shall provide a report on a quarterly basis to the 25 chairs of the senate finance, assembly ways and means, and senate 26 health and assembly health committees, until such time as the 27 department determines that the projects that receive funding pursu- 28 ant to this appropriation are substantially complete. Such reports 29 shall be submitted no later than sixty days after the close of the 30 quarter, and shall include, for each award, the name of the appli- 31 cant, a description of the project or purpose, the amount of the 32 award, disbursement date, and status of achievement of process and 33 performance metrics and milestones pursuant to subdivision 6 of 34 section 2825-f of the public health law. 35 Within amounts appropriated herein, a minimum of $45,000,000 shall be 36 made available for grant awards to residential health care facili- 37 ties, up to $20,000,000 may be made available for grant awards made 38 pursuant to paragraphs (l) and (m) of subdivision 3 of section 461-l 39 of the social services law, pursuant to criteria to be determined by 40 the commissioner and a minimum of $60,000,000 shall be made avail- 41 able for grant awards to community-based health care providers which 42 shall be defined as a diagnostic and treatment center licensed or 43 granted an operating certificate under article 28 of the public 44 health law, a mental health clinic licensed or granted an operating 45 certificate under article 31 of the mental hygiene law, a substance 46 use disorder treatment clinic licensed or granted an operating 47 certificate under article 32 of the mental hygiene law, a primary 48 care provider, a home care provider certified or licensed pursuant 49 to article 36 of the public health law, a facility granted an oper- 50 ating certificate under article 16 of the mental hygiene law or 51 hospices licensed or granted an operating certificate pursuant to 52 article 40 of the public health law. 53 The dormitory authority may issue bonds for such purposes up to the 54 amount appropriated herein. No expenditures may be made from this 55 appropriation to a facility until a facility specific plan has been 56 submitted to the department of health and has been approved by the

A. 8434 7 1 director of the budget (12SW18HE) (26668) .......................... 2 525,000,000 ..................................... (re. $525,000,000) 3 DIVISION OF HOUSING AND COMMUNITY RENEWAL 4 CAPITAL PROJECTS 2019-20 5 For the comprehensive construction programs, purposes and 6 projects as herein specified in accordance with the 7 following: 8 APPROPRIATIONS REAPPROPRIATIONS 9 Capital Projects Funds - Other ..... [~~174,200,000~~] 2,904,753,000 10 294,200,000 11 Capital Projects Funds - Federal ... 0 10,027,000 12 ---------------- ---------------- 13 All Funds ........................ [~~174,200,000~~] 2,914,780,000 14 294,200,000 15 ================ ================ 16 NEW YORK CITY HOUSING AUTHORITY PROGRAM (CCP) .............. 100,000,000 17 -------------- 18 Capital Projects Funds - Other 19 Housing Program Fund 20 New Facilities Purpose 21 For the purposes of capital projects and 22 other improvements to address issues 23 including, but not limited to lead at 24 housing developments owned or operated by 25 the New York city housing authority, 26 pursuant to a plan approved by the direc- 27 tor of the budget, in consultation with 28 the New York city housing authority chair 29 and the dormitory authority of the state 30 of New York. The amounts appropriated 31 herein may be suballocated or transferred 32 to any state department, agency, or public 33 authority for the purposes stated herein ... 100,000,000 34 PUBLIC HOUSING PRESERVATION PROGAM (CCP) .................... 20,000,000 35 -------------- 36 Capital Projects Funds - Other 37 Housing Program Fund 38 Housing Trust Fund Corporation Account - 31851 39 Preservation of Facilities Purpose 40 For the purpose of substantial or moderate 41 rehabilitation and/or the demolition and 42 replacement through new construction of 43 site-specific multi-family rental housing 44 currently owned by public housing authori- 45 ties outside of New York city, or any

A. 8434 8 1 affordable, low-income or senior housing 2 related purpose, including disaster recov- 3 ery, outside of New York city. The amounts 4 appropriated herein may be suballocated or 5 transferred to any state department, agen- 6 cy, or public authority for the purposes 7 stated herein ............................... 20,000,000 8 NEW YORK STATE URBAN DEVELOPMENT CORPORATION 9 CAPITAL PROJECTS 2019-20 10 For the comprehensive construction programs, purposes and 11 projects as herein specified in accordance with the 12 following: 13 APPROPRIATIONS REAPPROPRIATIONS 14 [~~820,331,000~~] 15 Capital Projects Funds - Other ..... 1,320,331,000 7,570,214,000 16 ---------------- ---------------- 17 [~~820,331,000~~] 18 All Funds ........................ 1,320,331,000 7,570,214,000 19 ================ ================ 20 ECONOMIC DEVELOPMENT (CCP) ................. [~~820,331,000~~] 1,320,331,000 21 -------------- 22 Capital Projects Funds - Other 23 Capital Projects Fund - 30000 24 Economic Development Purpose 25 Notwithstanding any inconsistent provision 26 of law, for services and expenses, loans, 27 grants, and costs associated with program 28 administration, of projects and purposes 29 authorized below, including the payment of 30 liabilities incurred prior to April 1, 31 2019. All or a portion of the funds appro- 32 priated hereby may be suballocated or 33 transferred to any department, agency, or 34 public authority, according to the follow- 35 ing: 36 The sum of $500,000,000 is hereby appropri- 37 ated for the New York Works Economic 38 Development Fund. Funds appropriated here- 39 in shall be for services and expenses, 40 loans, and grants, related to the New York 41 Works Economic Development Fund, provided 42 that up to $425,000,000 shall be available 43 from this appropriation for the 44 construction of an entrance to Pennsylva- 45 nia Station at the southwest corner of the 46 intersection of West 33rd Street and 7th 47 Avenue and other related improvements and 48 expenses (91161909) (47006) ................ 500,000,000

A. 8434 9 1 DEPARTMENT OF TRANSPORTATION 2 CAPITAL PROJECTS 2019-20 3 For the comprehensive construction programs, purposes and 4 projects as herein specified in accordance with the 5 following: 6 APPROPRIATIONS REAPPROPRIATIONS 7 Capital Projects Funds - Other ..... [~~2,807,632,000~~] 8,732,092,000 8 2,892,632,000 9 Capital Projects Funds - Federal ... 2,526,000,000 8,923,848,000 10 Special Revenue Funds - Federal .... 19,241,000 93,621,000 11 Fiduciary Funds .................... 50,000,000 545,326,000 12 ---------------- ---------------- 13 All Funds ........................ [~~5,402,873,000~~] 18,294,887,000 14 5,487,873,000 15 ================ ================ 16 NEW YORK WORKS (CCP) ........................ [~~480,889,000~~] 500,889,000 17 -------------- 18 Capital Projects Funds - Other 19 Capital Projects Fund - 30000 20 Non-MTA Capital Purpose 21 For the payment of the costs, which shall be 22 reimbused from bond proceeds, of the 23 reconstruction, improvement, rehablilita- 24 tion and maintenance of the existing 25 passenger rail system of the Niagara Fron- 26 tier transportation authority (17NF1931) .... 20,000,000 27 OTHER TRANSPORTATION AID (CCP) .............. [~~477,797,000~~] 542,797,000 28 -------------- 29 Capital Projects Funds - Other 30 Capital Projects Fund - 30000 31 Highway Aid Purpose 32 For capital grants to municipalities for 33 extreme winter recovery: 34 The sum of $65,000,000 to municipalities for 35 reimbursement of eligible costs of local 36 highway and bridge projects pursuant to 37 section 16-a of chapter 329 of the laws of 38 1991, as added by section 9 of chapter 330 39 of the laws of 1991, as amended. For the 40 purposes of computing allocations to muni- 41 cipalities, the amount distributed pursu- 42 ant to section 16-a of chapter 329 of the 43 laws of 1991 shall be deemed to be 44 $65,000,000. To the extent that the total 45 of payment allocations calculated herein 46 varies from $65,000,000, the payment

A. 8434 10 1 amounts to each locality shall be adjusted 2 by a uniform percentage so that the total 3 payments equal $65,000,000. 4 Payments shall be made on the fifteenth day 5 of June, September, December and March 6 (17EW1921) (53160) .......................... 65,000,000 7 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 8 HIGHER EDUCATION FACILITIES CAPITAL MATCHING GRANTS PROGRAM 9 CAPITAL PROJECTS 2019-20 10 [~~APPROPRIATIONS REAPPROPRIATIONS~~ 11 ~~Capital Projects Funds - Other ..... 0 121,661,000~~ 12 ~~---------------- ----------------~~ 13 ~~All Funds ........................ 0 121,661,000~~ 14 ~~================ ================~~] 15 For the comprehensive construction programs, purposes and 16 projects as herein specified in accordance with the 17 following: 18 APPROPRIATIONS REAPPROPRIATIONS 19 Capital Projects Funds - Other ..... 30,000,000 121,661,000 20 ---------------- ---------------- 21 All Funds ........................ 30,000,000 121,661,000 22 ================ ================ 23 HIGHER EDUCATION CAPITAL MATCHING GRANTS (CCP) .............. 30,000,000 24 -------------- 25 Capital Projects Funds - Other 26 Capital Projects Fund - 30000 27 Capital Matching Grants Purpose 28 The sum of $30,000,000 is hereby appropri- 29 ated for the higher education facilities 30 capital matching grants program. Awards 31 and grants shall be administered by the 32 New York state higher education capital 33 matching grant board created pursuant to 34 part U of chapter 63 of the laws of 2005 35 as amended (MG0919MG) ....................... 30,000,000 36 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 37 LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT 38 CAPITAL PROJECTS 2019-20 39 For the comprehension construction programs, purposes, and 40 projects as herein specified in accordance with the 41 following:

A. 8434 11 1 APPROPRIATIONS REAPPROPRIATIONS 2 Capital Projects Funds - Other...... 100,000,000 0 3 ---------------- ---------------- 4 All Funds......................... 100,000,000 0 5 ================ ================ 6 LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT (CCP) ..... 100,000,000 7 Capital Projects Funds - Other 8 Capital Projects Fund - 30000 9 Lake Ontario Resiliency and Economic Development Purpose 10 The sum of $100,000,000 is hereby appropri- 11 ated for Lake Ontario resiliency and 12 economic development projects and 13 purposes. Funds appropriated herein shall 14 be for services and expenses, loans, 15 grants, and costs of program adminis- 16 tration related to hardening infrastruc- 17 ture along the Lake Ontario waterfront and 18 strengthening local economies within the 19 region, including but not limited to 20 projects or priorities recommended by the 21 Lake Ontario Resiliency and Economic 22 Development Initiative Commission. All or 23 a portion of this appropriation may be 24 suballocated or transferred to any depart- 25 ment, agency, or public authority .......... 100,000,000 26 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 27 STATE AND MUNICIPAL FACILITIES PROGRAM 28 CAPITAL PROJECTS 2019-20 29 For the comprehensive construction programs, purposes, and 30 projects as herein specified in accordance with the 31 following: 32 APPROPRIATIONS REAPPROPRIATIONS 33 Capital Projects Funds - Other ..... 385,000,000 1,931,987,000 34 ---------------- ---------------- 35 All Funds ........................ 385,000,000 1,931,987,000 36 ================ ================ 37 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) ............... 385,000,000 38 -------------- 39 Capital Projects Funds - Other 40 Capital Projects Fund - 30000 41 State and Municipal Facilities Purpose 42 For payment of the capital costs of 43 construction, improvement, rehabilitation

A. 8434 12 1 or reconstruction of facilities owned by 2 eligible entities; the acquisition of 3 capital facilities and assets by eligible 4 entities, including fixed capital assets; 5 the acquisition by eligible entities of 6 equipment and other capital assets, 7 including vehicles, in support of health, 8 safety, technology, or innovation; the 9 acquisition by an eligible entity of capi- 10 tal assets with a useful life of not less 11 than ten years purchased for the sole 12 purpose of preserving and protecting 13 infrastructure that is owned, controlled 14 or appurtenant to an eligible entity, 15 including but not limited to heavy duty 16 road maintenance and construction vehi- 17 cles, pavers, snow plows, street sweepers 18 and heavy duty fire, emergency response 19 and law enforcement vehicles; economic 20 development projects sponsored by the 21 state or municipal corporations, as 22 defined in section 2 of the general munic- 23 ipal law, that will create or retain jobs 24 in New York state as certified by the 25 commissioner of the department of economic 26 development; or environmental projects 27 sponsored by the state or municipal corpo- 28 rations as defined in section 2 of the 29 general municipal law. Eligible entities 30 shall consist of the state; municipal 31 corporations as defined in section 2 of 32 the general municipal law; sanitation 33 districts; special districts as defined in 34 subdivision 16 of section 102 of the real 35 property tax law; water and sewer 36 districts; the Metropolitan Transportation 37 Authority or any other public benefit 38 corporation established pursuant to titles 39 11, 11-A, 11-B, 11-C, or 11-D of the 40 public authorities law; a public benefit 41 corporation as defined in section 2 of 42 chapter 1016 of the laws of 1969; a 43 college or university established pursuant 44 to section 352 of the education law, 45 section 6203 of the education law or 46 section 6302 of the education law; an 47 independent not-for-profit institution of 48 higher education as defined in subdivision 49 2 of section 6401 of the education law; 50 public school districts; public housing 51 authorities; entities providing affordable 52 housing, public libraries and library 53 systems chartered by the regents of the 54 state of New York or established by an act 55 of the legislature; public park conservan- 56 cies or not-for-profit corporations organ-

A. 8434 13 1 ized for the purpose of investing in parks 2 owned by the state or municipal corpo- 3 rations, as defined in section 2 of the 4 general municipal law; and not-for-profit 5 fire districts, fire commissions, fire 6 companies, fire departments, volunteer 7 rescue and ambulance squads; and special 8 act school districts, schools for the 9 blind and deaf and other students with 10 disabilities subject to article 85 of the 11 education law, and private schools for 12 students with disabilities authorized 13 pursuant to chapter 853 of the laws of 14 1976. 15 Costs may include, but shall not be limited 16 to engineering services, construction, 17 project management, right-of-way acquisi- 18 tion, and work appurtenant and ancillary 19 thereto. Notwithstanding any inconsistent 20 provision of this appropriation or any 21 other provision of law, funds from this 22 appropriation may be made available for 23 Lake Ontario resiliency and economic 24 development projects and purposes, includ- 25 ing services and expenses, loans, grants, 26 and costs of program administration 27 related to hardening infrastructure along 28 the Lake Ontario waterfront and strength- 29 ening local economies within the region, 30 including but not limited to projects or 31 priorities recommended by the Lake Ontario 32 Resiliency and Economic Development Initi- 33 ative Commission. No funds from this 34 appropriation may be used as a required 35 match or be considered a local share to 36 other state programs or to leverage state 37 aid or grants including but not limited to 38 the apportionment of aid under the educa- 39 tion law. Notwithstanding any provision of 40 law to the contrary, funds appropriated 41 herein may, subject to the approval of the 42 director of the budget, be (i) inter- 43 changed, (ii) transferred from this appro- 44 priation to any other appropriation of any 45 state department, agency or public benefit 46 corporation, or (iii) suballocated to any 47 other state department, agency or public 48 benefit corporation, to achieve this 49 purpose (SM0120SM) (80001) ................. 385,000,000 50 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 51 STATE AND MUNICIPAL FACILITIES PROGRAM

A. 8434 14 1 CAPITAL PROJECTS - REAPPROPRIATIONS 2019-20 2 [~~APPROPRIATIONS REAPPROPRIATIONS~~ 3 ~~Capital Projects Funds - Other .... 0 1,931,987,000~~ 4 ~~---------------- ----------------~~ 5 ~~All Funds ........................ 0 1,931,987,000~~ 6 ~~================ ================~~] 7 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) 8 Capital Projects Funds - Other 9 Capital Projects Fund - 30000 10 State and Municipal Facilities Purpose 11 The appropriation made by chapter 54, section 1, of the laws of 2017, as 12 amended by chapter 54, section 1, of the laws of 2019, is hereby 13 amended and reappropriated to read: 14 For payment of the capital costs of construction, improvement, reha- 15 bilitation or reconstruction of facilities owned by eligible enti- 16 ties; the acquisition of capital facilities and assets by eligible 17 entities, including fixed capital assets; the acquisition by eligi- 18 ble entities of equipment and other capital assets, including vehi- 19 cles, in support of health, safety, technology, or innovation; the 20 acquisition by an eligible entity of capital assets with a useful 21 life of not less than ten years purchased for the sole purpose of 22 preserving and protecting infrastructure that is owned, controlled 23 or appurtenant to an eligible entity, including but not limited to 24 heavy duty road maintenance and construction vehicles, pavers, snow 25 plows, street sweepers and heavy duty fire, emergency response and 26 law enforcement vehicles; economic development projects sponsored by 27 the state or municipal corporations, as defined in section 2 of the 28 general municipal law, that will create or retain jobs in New York 29 state as certified by the commissioner of the department of economic 30 development; or environmental projects sponsored by the state or 31 municipal corporations as defined in section 2 of the general munic- 32 ipal law. Eligible entities shall consist of the state; municipal 33 corporations as defined in section 2 of the general municipal law; 34 sanitation districts; special districts as defined in subdivision 16 35 of section 102 of the real property tax law; water and sewer 36 districts; the Metropolitan Transportation Authority or any other 37 public benefit corporation established pursuant to titles 11, 11-A, 38 11-B, 11-C, or 11-D of the public authorities law; a public benefit 39 corporation as defined in section 4 of chapter 1016 of the laws of 40 1969; a college or university established pursuant to section 352 of 41 the education law, section 6203 of the education law or section 6302 42 of the education law; an independent not-for-profit institution of 43 higher education as defined in subdivision 2 of section 6401 of the 44 education law; public school districts; public housing authorities; 45 public libraries and library systems chartered by the regents of the 46 state of New York or established by an act of the legislature; 47 public park conservancies or not for profit corporations organized 48 for the purpose of investing in parks owned by the state or munici- 49 pal corporations, as defined in section 2 of the general municipal 50 law; not for profit fire districts, fire commissions, fire compa-

A. 8434 15 1 nies, fire departments, volunteer rescue and ambulance squads; and 2 special act school districts, schools for the blind and deaf and 3 other students with disabilities subject to article 85 of the educa- 4 tion law, and private schools for students with disabilities author- 5 ized pursuant to chapter 853 of the laws of 1976. 6 Costs may include, but shall not be limited to engineering services, 7 construction, project management, right-of-way acquisition, and work 8 appurtenant and ancillary thereto. No funds from this appropriation 9 may be used as a required match or be considered a local share to 10 other state programs or to leverage state aid or grants including 11 but not limited to the apportionment of aid under the education law. 12 Notwithstanding any provision of law to the contrary, funds appro- 13 priated herein may, subject to the approval of the director of the 14 budget, be (i) interchanged, (ii) transferred from this appropri- 15 ation to any other appropriation of any state department, agency or 16 public benefit corporation, or (iii) suballocated to any other state 17 department, agency or public benefit corporation, to achieve this 18 purpose. Notwithstanding the foregoing, any limitations contained 19 therein or any other inconsistent provision of law, funds from this 20 appropriation shall also be available, including for payment of 21 liabilities incurred or payments made prior to April 1, 2017, (i) 22 for any purpose, individual, or entity authorized under the Lake 23 Ontario-St. Lawrence Seaway flood relief and recovery grant program 24 established pursuant to a chapter of the laws of 2017, subject to 25 the approval of the director of the budget, (ii) for payment of the 26 costs of other storm recovery and mitigation projects, not to exceed 27 10,000,000 dollars in the aggregate to municipalities and special 28 districts in (a) the counties of Chautauqua, Cattaraugus and Allega- 29 ny for damages sustained as a result of a severe storm and flooding 30 which occurred July 14 and 15, 2015, in an amount not less than 31 6,800,000 dollars or (b) the county of Monroe for damages resulting 32 from a severe storm which occurred March 8 and 9, 2017, in an amount 33 not to exceed 2,000,000 dollars subject to the approval of the 34 director of the budget, [~~and~~] (iii) for any purpose, individual, or 35 entity authorized under the Southern Tier-Finger Lakes recovery 36 program, as administered by the Housing Trust Fund Corporation, for 37 damages sustained as a result of a severe storm and flooding which 38 occurred August 13 thru 15, 2018, in an amount not to exceed 39 $13,000,000, and (iv) for any purpose, individual, or entity author- 40 ized under the Lake Ontario-St. Lawrence Seaway flood relief and 41 recovery grant program established pursuant to chapter 85 of the 42 laws of 2017, as amended by chapter 61 of the laws of 2017, as 43 amended by chapter 59 of the laws of 2018, for damages sustained as 44 a result of severe storms and flooding which occurred between Janu- 45 ary 1, 2019 and December 31, 2019. Notwithstanding any other law to 46 the contrary, the amounts appropriated herein may be suballocated or 47 transferred to any state department, agency, or public authority for 48 the purposes stated herein (SM0117SM) (80001) ...................... 49 398,500,000 ..................................... (re. $386,500,000) 50 § 2. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on and after April 1, 2019.

Amends the Capital Projects budget

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