STATE OF NEW YORK ________________________________________________________________________ 6616 2019-2020 Regular Sessions IN SENATE June 20, 2019 ___________ Introduced by Sen. KRUEGER -- (at request of the Budget Article VII) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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 ================ ================ EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12039-01-9

S. 6616 2 1 NEW FACILITIES PURPOSE (CCP) .................. 10,000,000 2 -------------- 3 Capital Projects Funds - Other 4 Capital Projects Fund 5 New Facilities Purpose 6 For payment to agricultural or horticultural 7 corporations and county extension service 8 associations that are eligible to receive 9 premium reimbursement pursuant to section 10 286 of the agriculture and markets law 11 for: the costs of construction, reno- 12 vation, alteration, rehabilitation, 13 improvements, installation, acquisition, 14 repair or replacement of fairground build- 15 ings, equipment or permanent or temporary 16 facilities used to house or promote agri- 17 culture, excluding parking facilities and 18 signage; or for the costs of construction, 19 renovation, alteration, rehabilitation, 20 improvements, installation, acquisition, 21 repair or replacement of water systems, 22 restrooms, septic systems, and/or storm 23 water management systems on fairgrounds or 24 in fairground buildings to be allocated by 25 the commissioner in amounts not to exceed 26 $200,000 to such eligible agricultural and 27 horticultural corporations or county 28 extension services on a non-competitive 29 basis until such funds are exhausted 30 (60LF1903) ................................... 5,000,000 31 For grants to municipal and incorporated 32 not-for-profit pounds, shelters and humane 33 societies. Use of the grant funds is 34 restricted to the costs of capital 35 projects including, but not limited to, 36 construction, renovation, rehabilitation, 37 installation, acquisition, or expansion of 38 buildings, equipment, or facilities neces- 39 sary for the secure containment, health, 40 and adequate care of sheltered dogs and 41 cats. These grants shall be allocated by 42 the commissioner on a competitive basis 43 until such funds are extinguished as 44 follows: (a) In municipalities with a 45 population of less than two million, for 46 such pounds, shelters or humane societies 47 that are operated by or under contract for 48 the provision of pound or shelter services 49 with one or more municipalities: projects 50 serving an individual municipality, grants 51 in amounts not less than $50,000 and not 52 more than $200,000, not to exceed fifty 53 percent of the total project cost; and for 54 projects serving two or more munici-

S. 6616 3 1 palities, grants in amounts not less than 2 $100,000 and not more than $500,000, not 3 to exceed seventy-five percent of the 4 total project cost; (b) In municipalities 5 with a population of more than two 6 million, for such pounds, shelters or 7 humane societies that are operated by or 8 under contract for the provision of pound 9 or shelter services with one or more muni- 10 cipalities, grants in amounts not less 11 than $100,000 and not more than $500,000, 12 not to exceed seventy-five percent of the 13 total project cost; and (c) to the extent 14 such funds have not been extinguished, for 15 projects in underserved municipalities or 16 regions, for such pounds, shelters or 17 humane societies that are not operated by 18 or under contract with one or more munici- 19 palities for the provision of pound or 20 shelter services, grants in amounts not 21 more than $50,000, not to exceed fifty 22 percent of the total project cost. Up to 23 five percent of the total appropriation 24 amount may be made available for the 25 services and expenses of the department in 26 relation to these grants, including 27 personal service, non-personal service, 28 fringe benefits, and indirect costs 29 (60AS1903) ................................... 5,000,000 30 EDUCATION DEPARTMENT 31 CAPITAL PROJECTS 2019-20 32 For the comprehensive construction programs, purposes and 33 projects as herein specified in accordance with the 34 following: 35 APPROPRIATIONS REAPPROPRIATIONS 36 Capital Projects Funds - Other ..... [~~101,200,000~~] 3,944,883,000 37 141,200,000 38 ---------------- ---------------- 39 All Funds ........................ [~~101,200,000~~] 3,944,883,000 40 141,200,000 41 ================ ================ 42 LIBRARY CONSTRUCTION (CCP) ................... [~~14,000,000~~] 34,000,000 43 -------------- 44 Capital Projects Funds - Other 45 Capital Projects Fund - 30000 46 Program Improvement/Change Purpose 47 For total approved project costs pursuant to 48 section 273-a of the education law, for

S. 6616 4 1 approved projects, excluding feasibility 2 studies, plans or similar activities, for 3 the acquisition of vacant land and the 4 acquisition, construction, renovation or 5 rehabilitation, including leasehold 6 improvements, of buildings of public 7 libraries and library systems chartered by 8 the regents of the state of New York or 9 established by an act of the legislature, 10 subject to distribution provisions in 11 subdivision 5 of section 273-a of the 12 education law on and upon approval by the 13 commissioner (11011908) (23486) ............. 14,000,000 14 For additional total approved project costs 15 pursuant to section 273-a of the education 16 law, for approved projects, excluding 17 feasibility studies, plans or similar 18 activities, for the acquisition of vacant 19 land and the acquisition, construction, 20 renovation or rehabilitiation, including 21 leasehold improvements, of buildings of 22 public libraries and library systems char- 23 tered by the regents of the state of New 24 York or established by an act of the 25 legislature, subject to distribution 26 provisions in subdivision 5 of section 27 273-a of the education law and upon 28 approval by the commissioner (11001908) 29 (55925) ..................................... 20,000,000 30 MATCHING GRANTS FOR SAFETY AND SECURITY PROJECTS FOR AT 31 RISK FACILITIES (CCP) ..................................... 20,000,000 32 Capital Projects Funds - Other 33 Capital Projects Fund - 30000 34 Program Improvement/Change Purpose 35 For a competitive grant program to provide 36 safety and security projects at nonpublic 37 schools and day camps at risk of hate 38 crimes or attacks because of their ideol- 39 ogy, beliefs or mission. Provided that an 40 assessment of facilities at risk may 41 include, but not be limited to, consider- 42 ations of the vulnerabilities of the 43 organization based on its location and 44 membership, and the potential consequences 45 of a hate crime or attack at the facility. 46 Provided further that recipients of such 47 grants may be required to commit to under- 48 take matching safety and security projects 49 in an amount established in the request 50 for applications for such grants. The 51 amount appropriated herein may be trans-

S. 6616 5 1 ferred or suballocated to the division of 2 homeland security and emergency services 3 to accomplish the intent of this appropri- 4 ation ....................................... 20,000,000 5 DEPARTMENT OF HEALTH 6 CAPITAL PROJECTS - REAPPROPRIATIONS 2019-20 7 HEALTH CARE FACILITY TRANSFORMATION PROGRAM (CCP) 8 Capital Projects Funds - Other 9 Capital Projects Fund - 30000 10 Health Care System Improvement Purpose 11 The appropriation made by chapter 54, section 1, of the laws of 2018, as 12 amended by chapter 54, section 1, of the laws of 2019, is hereby 13 amended and reappropriated to read: 14 For payments and grants to support health care facility transformation 15 statewide. Notwithstanding section 163 of the state finance law or 16 any other provision of law to the contrary, this appropriation may 17 be used to fund payments and or grants, including up to $5,000,000 18 to regional perinatal care centers or other health providers to 19 establish telehealth applications, made by the commissioner of 20 health in his or her sole discretion, without a competitive bid or 21 request for proposal process, to eligible applicants as determined 22 by the commissioner of health for the purposes that strengthen and 23 protect continued access to health care services in communities 24 including but not limited to children's residential treatment facil- 25 ities. Such purposes may include debt retirement and capital 26 projects or non-capital projects that facilitate health care trans- 27 formation activities including, merger, consolidation, acquisition 28 or other activities intended to: create financially sustainable 29 systems of care; preserve or expand essential health care services; 30 modernize obsolete facility physical plants and infrastructure; 31 foster participation in alternative payment arrangements, including 32 but not limited to contracts with managed care plans and accountable 33 care organizations; increase the quality of resident care or experi- 34 ence in residential health care facilities; or improve health infor- 35 mation technology infrastructure, including telehealth, to strength- 36 en the acute, post-acute care, primary care, and longterm care 37 continuum. Grants shall not be available to support general operat- 38 ing expenses. 39 The commissioner and the president of the dormitory authority of the 40 state of New York shall enter into an agreement, subject to the 41 approval of the director of the budget, and subject to section 42 1680-r of the public authorities law, for the purposes of awarding, 43 distributing, and administering the funds made available pursuant to 44 this appropriation. 45 In determining awards for eligible applicants under this appropri- 46 ation, the commissioner of health shall consider criteria including, 47 but not limited to: 48 (a) The extent to which the proposed project will contribute to the 49 integration of health care services or the long term sustainability 50 of the applicant or preservation of essential health services in the 51 community or communities served by the applicant;

S. 6616 6 1 (b) The extent to which the proposed project or purpose is aligned 2 with delivery system reform incentive payment ("DSRIP") program 3 goals and objectives; 4 (c) The geographic distribution of funds; 5 (d) The relationship between the proposed project and identified 6 community need; 7 (e) The extent to which the applicant has access to alternative 8 financing; 9 (f) The extent to which the proposed project furthers the development 10 of primary care and other outpatient services; 11 (g) The extent to which the proposed project benefits medicaid enrol- 12 lees and uninsured individuals; 13 (h) The extent to which the applicant has engaged the community 14 affected by the proposed project and the manner in which community 15 engagement has shaped such project; and 16 (i) The extent to which the proposed project addresses potential risk 17 to patient safety and welfare. 18 Notwithstanding any inconsistent provision of law to the contrary, and 19 upon approval of the director of the budget, the commissioner may 20 award up to $300,000,000 of the funds made available pursuant to 21 this appropriation for unfunded project applications submitted in 22 response to the request for applications number 17648 issued by the 23 department on January 8, 2018 pursuant to section 2825-e of the 24 public health law. 25 Authorized amounts to be awarded pursuant to applications submitted in 26 response to the request for application number 17648 shall be 27 awarded no later than [~~May~~] September 1, 2019. 28 The department shall provide a report on a quarterly basis to the 29 chairs of the senate finance, assembly ways and means, and senate 30 health and assembly health committees, until such time as the 31 department determines that the projects that receive funding pursu- 32 ant to this appropriation are substantially complete. Such reports 33 shall be submitted no later than sixty days after the close of the 34 quarter, and shall include, for each award, the name of the appli- 35 cant, a description of the project or purpose, the amount of the 36 award, disbursement date, and status of achievement of process and 37 performance metrics and milestones pursuant to subdivision 6 of 38 section 2825-f of the public health law. 39 Within amounts appropriated herein, a minimum of $45,000,000 shall be 40 made available for grant awards to residential health care facili- 41 ties, up to $20,000,000 may be made available for grant awards made 42 pursuant to paragraphs (l) and (m) of subdivision 3 of section 461-l 43 of the social services law, pursuant to criteria to be determined by 44 the commissioner and a minimum of $60,000,000 shall be made avail- 45 able for grant awards to community-based health care providers which 46 shall be defined as a diagnostic and treatment center licensed or 47 granted an operating certificate under article 28 of the public 48 health law, a mental health clinic licensed or granted an operating 49 certificate under article 31 of the mental hygiene law, a substance 50 use disorder treatment clinic licensed or granted an operating 51 certificate under article 32 of the mental hygiene law, a primary 52 care provider, a home care provider certified or licensed pursuant 53 to article 36 of the public health law, a facility granted an oper- 54 ating certificate under article 16 of the mental hygiene law or 55 hospices licensed or granted an operating certificate pursuant to 56 article 40 of the public health law.

S. 6616 7 1 The dormitory authority may issue bonds for such purposes up to the 2 amount appropriated herein. No expenditures may be made from this 3 appropriation to a facility until a facility specific plan has been 4 submitted to the department of health and has been approved by the 5 director of the budget (12SW18HE) (26668) .......................... 6 525,000,000 ..................................... (re. $525,000,000) 7 DIVISION OF HOUSING AND COMMUNITY RENEWAL 8 CAPITAL PROJECTS 2019-20 9 For the comprehensive construction programs, purposes and 10 projects as herein specified in accordance with the 11 following: 12 APPROPRIATIONS REAPPROPRIATIONS 13 Capital Projects Funds - Other ..... [~~174,200,000~~] 2,904,753,000 14 294,200,000 15 Capital Projects Funds - Federal ... 0 10,027,000 16 ---------------- ---------------- 17 All Funds ........................ [~~174,200,000~~] 2,914,780,000 18 294,200,000 19 ================ ================ 20 NEW YORK CITY HOUSING AUTHORITY PROGRAM (CCP) .............. 100,000,000 21 -------------- 22 Capital Projects Funds - Other 23 Housing Program Fund 24 New Facilities Purpose 25 For the purposes of capital projects and 26 other improvements to address issues 27 including, but not limited to lead at 28 housing developments owned or operated by 29 the New York city housing authority, 30 pursuant to a plan approved by the direc- 31 tor of the budget, in consultation with 32 the New York city housing authority chair 33 and the dormitory authority of the state 34 of New York. The amounts appropriated 35 herein may be suballocated or transferred 36 to any state department, agency, or public 37 authority for the purposes stated herein ... 100,000,000 38 PUBLIC HOUSING PRESERVATION PROGAM (CCP) .................... 20,000,000 39 -------------- 40 Capital Projects Funds - Other 41 Housing Program Fund 42 Housing Trust Fund Corporation Account - 31851 43 Preservation of Facilities Purpose 44 For the purpose of substantial or moderate 45 rehabilitation and/or the demolition and

S. 6616 8 1 replacement through new construction of 2 site-specific multi-family rental housing 3 currently owned by public housing authori- 4 ties outside of New York city, or any 5 affordable, low-income or senior housing 6 related purpose, including disaster recov- 7 ery, outside of New York city. The amounts 8 appropriated herein may be suballocated or 9 transferred to any state department, agen- 10 cy, or public authority for the purposes 11 stated herein ............................... 20,000,000 12 NEW YORK STATE URBAN DEVELOPMENT CORPORATION 13 CAPITAL PROJECTS 2019-20 14 For the comprehensive construction programs, purposes and 15 projects as herein specified in accordance with the 16 following: 17 APPROPRIATIONS REAPPROPRIATIONS 18 [~~820,331,000~~] 19 Capital Projects Funds - Other ..... 1,320,331,000 7,570,214,000 20 ---------------- ---------------- 21 [~~820,331,000~~] 22 All Funds ........................ 1,320,331,000 7,570,214,000 23 ================ ================ 24 ECONOMIC DEVELOPMENT (CCP) ................. [~~820,331,000~~] 1,320,331,000 25 -------------- 26 Capital Projects Funds - Other 27 Capital Projects Fund - 30000 28 Economic Development Purpose 29 Notwithstanding any inconsistent provision 30 of law, for services and expenses, loans, 31 grants, and costs associated with program 32 administration, of projects and purposes 33 authorized below, including the payment of 34 liabilities incurred prior to April 1, 35 2019. All or a portion of the funds appro- 36 priated hereby may be suballocated or 37 transferred to any department, agency, or 38 public authority, according to the follow- 39 ing: 40 The sum of $500,000,000 is hereby appropri- 41 ated for the New York Works Economic 42 Development Fund. Funds appropriated here- 43 in shall be for services and expenses, 44 loans, and grants, related to the New York 45 Works Economic Development Fund, provided 46 that up to $425,000,000 shall be available 47 from this appropriation for the 48 construction of an entrance to Pennsylva-

S. 6616 9 1 nia Station at the southwest corner of the 2 intersection of West 33rd Street and 7th 3 Avenue and other related improvements and 4 expenses (91161909) (47006) ................ 500,000,000 5 DEPARTMENT OF TRANSPORTATION 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 ..... [~~2,807,632,000~~] 8,732,092,000 12 2,892,632,000 13 Capital Projects Funds - Federal ... 2,526,000,000 8,923,848,000 14 Special Revenue Funds - Federal .... 19,241,000 93,621,000 15 Fiduciary Funds .................... 50,000,000 545,326,000 16 ---------------- ---------------- 17 All Funds ........................ [~~5,402,873,000~~] 18,294,887,000 18 5,487,873,000 19 ================ ================ 20 NEW YORK WORKS (CCP) ........................ [~~480,889,000~~] 500,889,000 21 -------------- 22 Capital Projects Funds - Other 23 Capital Projects Fund - 30000 24 Non-MTA Capital Purpose 25 For the payment of the costs, which shall be 26 reimbused from bond proceeds, of the 27 reconstruction, improvement, rehablilita- 28 tion and maintenance of the existing 29 passenger rail system of the Niagara Fron- 30 tier transportation authority (17NF1931) .... 20,000,000 31 OTHER TRANSPORTATION AID (CCP) .............. [~~477,797,000~~] 542,797,000 32 -------------- 33 Capital Projects Funds - Other 34 Capital Projects Fund - 30000 35 Highway Aid Purpose 36 For capital grants to municipalities for 37 extreme winter recovery: 38 The sum of $65,000,000 to municipalities for 39 reimbursement of eligible costs of local 40 highway and bridge projects pursuant to 41 section 16-a of chapter 329 of the laws of 42 1991, as added by section 9 of chapter 330 43 of the laws of 1991, as amended. For the 44 purposes of computing allocations to muni- 45 cipalities, the amount distributed pursu-

S. 6616 10 1 ant to section 16-a of chapter 329 of the 2 laws of 1991 shall be deemed to be 3 $65,000,000. To the extent that the total 4 of payment allocations calculated herein 5 varies from $65,000,000, the payment 6 amounts to each locality shall be adjusted 7 by a uniform percentage so that the total 8 payments equal $65,000,000. 9 Payments shall be made on the fifteenth day 10 of June, September, December and March 11 (17EW1921) (53160) .......................... 65,000,000 12 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 13 HIGHER EDUCATION FACILITIES CAPITAL MATCHING GRANTS PROGRAM 14 CAPITAL PROJECTS 2019-20 15 [~~APPROPRIATIONS REAPPROPRIATIONS~~ 16 ~~Capital Projects Funds - Other ..... 0 121,661,000~~ 17 ~~---------------- ----------------~~ 18 ~~All Funds ........................ 0 121,661,000~~ 19 ~~================ ================~~] 20 For the comprehensive construction programs, purposes and 21 projects as herein specified in accordance with the 22 following: 23 APPROPRIATIONS REAPPROPRIATIONS 24 Capital Projects Funds - Other ..... 30,000,000 121,661,000 25 ---------------- ---------------- 26 All Funds ........................ 30,000,000 121,661,000 27 ================ ================ 28 HIGHER EDUCATION CAPITAL MATCHING GRANTS (CCP) .............. 30,000,000 29 -------------- 30 Capital Projects Funds - Other 31 Capital Projects Fund - 30000 32 Capital Matching Grants Purpose 33 The sum of $30,000,000 is hereby appropri- 34 ated for the higher education facilities 35 capital matching grants program. Awards 36 and grants shall be administered by the 37 New York state higher education capital 38 matching grant board created pursuant to 39 part U of chapter 63 of the laws of 2005 40 as amended (MG0919MG) ....................... 30,000,000 41 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 42 LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT

S. 6616 11 1 CAPITAL PROJECTS 2019-20 2 For the comprehension construction programs, purposes, and 3 projects as herein specified in accordance with the 4 following: 5 APPROPRIATIONS REAPPROPRIATIONS 6 Capital Projects Funds - Other...... 100,000,000 0 7 ---------------- ---------------- 8 All Funds......................... 100,000,000 0 9 ================ ================ 10 LAKE ONTARIO RESILIENCY AND ECONOMIC DEVELOPMENT (CCP) ..... 100,000,000 11 Capital Projects Funds - Other 12 Capital Projects Fund - 30000 13 Lake Ontario Resiliency and Economic Development Purpose 14 The sum of $100,000,000 is hereby appropri- 15 ated for Lake Ontario resiliency and 16 economic development projects and 17 purposes. Funds appropriated herein shall 18 be for services and expenses, loans, 19 grants, and costs of program adminis- 20 tration related to hardening infrastruc- 21 ture along the Lake Ontario waterfront and 22 strengthening local economies within the 23 region, including but not limited to 24 projects or priorities recommended by the 25 Lake Ontario Resiliency and Economic 26 Development Initiative Commission. All or 27 a portion of this appropriation may be 28 suballocated or transferred to any depart- 29 ment, agency, or public authority .......... 100,000,000 30 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 31 STATE AND MUNICIPAL FACILITIES PROGRAM 32 CAPITAL PROJECTS 2019-20 33 For the comprehensive construction programs, purposes, and 34 projects as herein specified in accordance with the 35 following: 36 APPROPRIATIONS REAPPROPRIATIONS 37 Capital Projects Funds - Other ..... 385,000,000 1,931,987,000 38 ---------------- ---------------- 39 All Funds ........................ 385,000,000 1,931,987,000 40 ================ ================ 41 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) ............... 385,000,000 42 --------------

S. 6616 12 1 Capital Projects Funds - Other 2 Capital Projects Fund - 30000 3 State and Municipal Facilities Purpose 4 For payment of the capital costs of 5 construction, improvement, rehabilitation 6 or reconstruction of facilities owned by 7 eligible entities; the acquisition of 8 capital facilities and assets by eligible 9 entities, including fixed capital assets; 10 the acquisition by eligible entities of 11 equipment and other capital assets, 12 including vehicles, in support of health, 13 safety, technology, or innovation; the 14 acquisition by an eligible entity of capi- 15 tal assets with a useful life of not less 16 than ten years purchased for the sole 17 purpose of preserving and protecting 18 infrastructure that is owned, controlled 19 or appurtenant to an eligible entity, 20 including but not limited to heavy duty 21 road maintenance and construction vehi- 22 cles, pavers, snow plows, street sweepers 23 and heavy duty fire, emergency response 24 and law enforcement vehicles; economic 25 development projects sponsored by the 26 state or municipal corporations, as 27 defined in section 2 of the general munic- 28 ipal law, that will create or retain jobs 29 in New York state as certified by the 30 commissioner of the department of economic 31 development; or environmental projects 32 sponsored by the state or municipal corpo- 33 rations as defined in section 2 of the 34 general municipal law. Eligible entities 35 shall consist of the state; municipal 36 corporations as defined in section 2 of 37 the general municipal law; sanitation 38 districts; special districts as defined in 39 subdivision 16 of section 102 of the real 40 property tax law; water and sewer 41 districts; the Metropolitan Transportation 42 Authority or any other public benefit 43 corporation established pursuant to titles 44 11, 11-A, 11-B, 11-C, or 11-D of the 45 public authorities law; a public benefit 46 corporation as defined in section 2 of 47 chapter 1016 of the laws of 1969; a 48 college or university established pursuant 49 to section 352 of the education law, 50 section 6203 of the education law or 51 section 6302 of the education law; an 52 independent not-for-profit institution of 53 higher education as defined in subdivision 54 2 of section 6401 of the education law; 55 public school districts; public housing

S. 6616 13 1 authorities; entities providing affordable 2 housing, public libraries and library 3 systems chartered by the regents of the 4 state of New York or established by an act 5 of the legislature; public park conservan- 6 cies or not-for-profit corporations organ- 7 ized for the purpose of investing in parks 8 owned by the state or municipal corpo- 9 rations, as defined in section 2 of the 10 general municipal law; and not-for-profit 11 fire districts, fire commissions, fire 12 companies, fire departments, volunteer 13 rescue and ambulance squads; and special 14 act school districts, schools for the 15 blind and deaf and other students with 16 disabilities subject to article 85 of the 17 education law, and private schools for 18 students with disabilities authorized 19 pursuant to chapter 853 of the laws of 20 1976. 21 Costs may include, but shall not be limited 22 to engineering services, construction, 23 project management, right-of-way acquisi- 24 tion, and work appurtenant and ancillary 25 thereto. Notwithstanding any inconsistent 26 provision of this appropriation or any 27 other provision of law, funds from this 28 appropriation may be made available for 29 Lake Ontario resiliency and economic 30 development projects and purposes, includ- 31 ing services and expenses, loans, grants, 32 and costs of program administration 33 related to hardening infrastructure along 34 the Lake Ontario waterfront and strength- 35 ening local economies within the region, 36 including but not limited to projects or 37 priorities recommended by the Lake Ontario 38 Resiliency and Economic Development Initi- 39 ative Commission. No funds from this 40 appropriation may be used as a required 41 match or be considered a local share to 42 other state programs or to leverage state 43 aid or grants including but not limited to 44 the apportionment of aid under the educa- 45 tion law. Notwithstanding any provision of 46 law to the contrary, funds appropriated 47 herein may, subject to the approval of the 48 director of the budget, be (i) inter- 49 changed, (ii) transferred from this appro- 50 priation to any other appropriation of any 51 state department, agency or public benefit 52 corporation, or (iii) suballocated to any 53 other state department, agency or public 54 benefit corporation, to achieve this 55 purpose (SM0120SM) (80001) ................. 385,000,000

S. 6616 14 1 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 2 STATE AND MUNICIPAL FACILITIES PROGRAM 3 CAPITAL PROJECTS - REAPPROPRIATIONS 2019-20 4 [~~APPROPRIATIONS REAPPROPRIATIONS~~ 5 ~~Capital Projects Funds - Other .... 0 1,931,987,000~~ 6 ~~---------------- ----------------~~ 7 ~~All Funds ........................ 0 1,931,987,000~~ 8 ~~================ ================~~] 9 STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) 10 Capital Projects Funds - Other 11 Capital Projects Fund - 30000 12 State and Municipal Facilities Purpose 13 The appropriation made by chapter 54, section 1, of the laws of 2017, as 14 amended by chapter 54, section 1, of the laws of 2019, is hereby 15 amended and reappropriated to read: 16 For payment of the capital costs of construction, improvement, reha- 17 bilitation or reconstruction of facilities owned by eligible enti- 18 ties; the acquisition of capital facilities and assets by eligible 19 entities, including fixed capital assets; the acquisition by eligi- 20 ble entities of equipment and other capital assets, including vehi- 21 cles, in support of health, safety, technology, or innovation; the 22 acquisition by an eligible entity of capital assets with a useful 23 life of not less than ten years purchased for the sole purpose of 24 preserving and protecting infrastructure that is owned, controlled 25 or appurtenant to an eligible entity, including but not limited to 26 heavy duty road maintenance and construction vehicles, pavers, snow 27 plows, street sweepers and heavy duty fire, emergency response and 28 law enforcement vehicles; economic development projects sponsored by 29 the state or municipal corporations, as defined in section 2 of the 30 general municipal law, that will create or retain jobs in New York 31 state as certified by the commissioner of the department of economic 32 development; or environmental projects sponsored by the state or 33 municipal corporations as defined in section 2 of the general munic- 34 ipal law. Eligible entities shall consist of the state; municipal 35 corporations as defined in section 2 of the general municipal law; 36 sanitation districts; special districts as defined in subdivision 16 37 of section 102 of the real property tax law; water and sewer 38 districts; the Metropolitan Transportation Authority or any other 39 public benefit corporation established pursuant to titles 11, 11-A, 40 11-B, 11-C, or 11-D of the public authorities law; a public benefit 41 corporation as defined in section 4 of chapter 1016 of the laws of 42 1969; a college or university established pursuant to section 352 of 43 the education law, section 6203 of the education law or section 6302 44 of the education law; an independent not-for-profit institution of 45 higher education as defined in subdivision 2 of section 6401 of the 46 education law; public school districts; public housing authorities; 47 public libraries and library systems chartered by the regents of the 48 state of New York or established by an act of the legislature;

S. 6616 15 1 public park conservancies or not for profit corporations organized 2 for the purpose of investing in parks owned by the state or munici- 3 pal corporations, as defined in section 2 of the general municipal 4 law; not for profit fire districts, fire commissions, fire compa- 5 nies, fire departments, volunteer rescue and ambulance squads; and 6 special act school districts, schools for the blind and deaf and 7 other students with disabilities subject to article 85 of the educa- 8 tion law, and private schools for students with disabilities author- 9 ized pursuant to chapter 853 of the laws of 1976. 10 Costs may include, but shall not be limited to engineering services, 11 construction, project management, right-of-way acquisition, and work 12 appurtenant and ancillary thereto. No funds from this appropriation 13 may be used as a required match or be considered a local share to 14 other state programs or to leverage state aid or grants including 15 but not limited to the apportionment of aid under the education law. 16 Notwithstanding any provision of law to the contrary, funds appro- 17 priated herein may, subject to the approval of the director of the 18 budget, be (i) interchanged, (ii) transferred from this appropri- 19 ation to any other appropriation of any state department, agency or 20 public benefit corporation, or (iii) suballocated to any other state 21 department, agency or public benefit corporation, to achieve this 22 purpose. Notwithstanding the foregoing, any limitations contained 23 therein or any other inconsistent provision of law, funds from this 24 appropriation shall also be available, including for payment of 25 liabilities incurred or payments made prior to April 1, 2017, (i) 26 for any purpose, individual, or entity authorized under the Lake 27 Ontario-St. Lawrence Seaway flood relief and recovery grant program 28 established pursuant to a chapter of the laws of 2017, subject to 29 the approval of the director of the budget, (ii) for payment of the 30 costs of other storm recovery and mitigation projects, not to exceed 31 10,000,000 dollars in the aggregate to municipalities and special 32 districts in (a) the counties of Chautauqua, Cattaraugus and Allega- 33 ny for damages sustained as a result of a severe storm and flooding 34 which occurred July 14 and 15, 2015, in an amount not less than 35 6,800,000 dollars or (b) the county of Monroe for damages resulting 36 from a severe storm which occurred March 8 and 9, 2017, in an amount 37 not to exceed 2,000,000 dollars subject to the approval of the 38 director of the budget, [~~and~~] (iii) for any purpose, individual, or 39 entity authorized under the Southern Tier-Finger Lakes recovery 40 program, as administered by the Housing Trust Fund Corporation, for 41 damages sustained as a result of a severe storm and flooding which 42 occurred August 13 thru 15, 2018, in an amount not to exceed 43 $13,000,000, and (iv) for any purpose, individual, or entity author- 44 ized under the Lake Ontario-St. Lawrence Seaway flood relief and 45 recovery grant program established pursuant to chapter 85 of the 46 laws of 2017, as amended by chapter 61 of the laws of 2017, as 47 amended by chapter 59 of the laws of 2018, for damages sustained as 48 a result of severe storms and flooding which occurred between Janu- 49 ary 1, 2019 and December 31, 2019. Notwithstanding any other law to 50 the contrary, the amounts appropriated herein may be suballocated or 51 transferred to any state department, agency, or public authority for 52 the purposes stated herein (SM0117SM) (80001) ...................... 53 398,500,000 ..................................... (re. $386,500,000) 54 § 2. This act shall take effect immediately and shall be deemed to 55 have been in full force and effect on and after April 1, 2019.

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