STATE OF NEW YORK
________________________________________________________________________
3009--B
IN ASSEMBLY
February 1, 2023
___________
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 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the tax law, in relation to providing the authority to
abate interest for taxpayers impacted by declared disasters (Part A);
to amend the tax law, in relation to clarifying the definition of
limited partner for the purposes of the metropolitan commuter trans-
portation mobility tax (Part B); to amend the tax law, in relation to
making the investment tax credit refundable for eligible farmers for
five years (Part C); to amend the tax law, in relation to the empire
state film production credit and the empire state film post-production
credit (Part D); to amend the tax law, in relation to the abatement of
penalties for underpayment of estimated tax by a corporation (Part E);
to amend the economic development law, in relation to the COVID-19
capital costs tax credit program (Part F); to amend the social
services law and the tax law, in relation to creating a tax credit for
the creation and expansion of child care (Part G); to amend the tax
law, in relation to extending the authorization of any city having a
population of one million or more to provide a biotechnology credit
against the general corporation tax, unincorporated business tax, and
banking corporation tax of such city (Part H); to amend the tax law,
in relation to extending the current corporate tax rates; to amend the
tax law, in relation to deposit and disposition of revenue; to amend
the public authorities law, in relation to the metropolitan transpor-
tation authority special assistance fund; and to amend the state
finance law, in relation to the mass transportation operating assist-
ance fund (Subpart A); to amend the tax law and the parks, recreation
and historic preservation law, in relation to establishing the large
projects historic rehabilitation tax credit and the "white elephant"
housing historic rehabilitation projects tax credit program (Subpart
B); to amend the tax law, in relation to extending the empire state
commercial production tax credit for five years (Subpart C); to amend
the tax law, in relation to extending provisions of law relating to
the grade No. 6 heating oil conversion tax credit (Subpart D); to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12574-04-3
A. 3009--B 2
amend subpart B of part PP of chapter 59 of the laws of 2021 amending
the tax law and the state finance law relating to establishing the
New York city musical and theatrical production tax credit and estab-
lishing the New York state council on the arts cultural program fund,
in relation to the effectiveness thereof; and to amend the tax law, in
relation to the New York city musical and theatrical production tax
credit (Subpart E)(Part I); to amend the tax law, in relation to
making technical corrections to the credit for companies who provide
transportation to individuals with disabilities (Subpart A); to amend
the tax law, in relation to eligibility for the brownfield redevelop-
ment tax credit (Subpart B); to amend the tax law, in relation to the
pass-through entity tax and city pass-through entity tax and making
technical corrections thereto (Subpart C) (Part J); to amend the real
property tax law, in relation to simplifying the senior citizens real
property tax exemption and the exemption for persons with disabilities
and limited income (Part K); to amend chapter 540 of the laws of 1992,
amending the real property tax law relating to oil and gas charges, in
relation to the effectiveness thereof (Part L); intentionally omitted
(Part M); to amend the real property tax law and the state administra-
tive procedure act, in relation to clarifying the solar or wind energy
system appraisal model (Part N); intentionally omitted (Part O); to
repeal certain provisions of the tax law, relating to eliminating
congestion surcharge registration requirements (Part P); to amend the
tax law, in relation to the payment of tax on increased quantities of
motor fuel and Diesel motor fuel on which the taxes pursuant to arti-
cles 12-A, 13-A and 28 were not previously paid (Part Q); to amend the
tax law, in relation to extending the sales tax exemption for certain
sales made through vending machines (Part R); to amend the tax law, in
relation to an increase in the rate of tax on cigarettes (Part S);
intentionally omitted (Part T); to amend the tax law and the adminis-
trative code of the city of New York, in relation to extending the tax
rate reduction under the New York state real estate transfer tax and
the New York city real property transfer tax for conveyances of real
property to existing real estate investment funds (Part U); inten-
tionally omitted (Part V); to amend the state finance law, in relation
to clarifying the deposit timeframe for moneys deposited by the
commissioner of taxation and finance (Part W); to amend the tax law,
in relation to requiring the New York Racing Association, Inc. to
enter into a repayment agreement with the state of New York for the
repayment of funds provided by the state for the renovation of Belmont
Park (Part X); intentionally omitted (Part Y); intentionally omitted
(Part Z); to amend the racing, pari-mutuel wagering and breeding law,
in relation to the utilization of funds in the Capital region and
Catskill off-track betting corporations' capital acquisition funds
(Part AA); to amend the racing, pari-mutuel wagering and breeding law,
in relation to licenses for simulcast facilities, sums relating to
track simulcast, simulcast of out-of-state thoroughbred races, simul-
casting of races run by out-of-state harness tracks and distributions
of wagers; to amend chapter 281 of the laws of 1994 amending the
racing, pari-mutuel wagering and breeding law and other laws relating
to simulcasting; to amend chapter 346 of the laws of 1990 amending the
racing, pari-mutuel wagering and breeding law and other laws relating
to simulcasting and the imposition of certain taxes, in relation to
extending certain provisions thereof; and to amend the racing, pari-
mutuel wagering and breeding law, in relation to extending certain
provisions thereof (Part BB); intentionally omitted (Part CC); to
A. 3009--B 3
amend the tax law, in relation to adjusting certain income tax rates
(Part DD); to amend the tax law, in relation to extending supplemental
earned income tax credit and empire state child credit payments and
expanding existing programs (Part EE); to amend the tax law, the
public authorities law and the state finance law, in relation to sales
tax on digital products (Part FF); to amend the tax law, in relation
to establishing small business savings accounts (Part GG); to amend
the tax law, in relation to pass-through manufacturers zero percent
tax rate (Part HH); to amend the tax law, in relation to the amount of
credit for cider, wine, and liquor under the alcoholic beverage
production credit (Part II); to amend the tax law, the public authori-
ties law and the state finance law, in relation to adding a fee on
delivery transactions (Part JJ); to amend the state finance law, in
relation to the liability of a person who presents false claims for
money or property to the state or a local government (Part KK);
providing for the administration of certain funds and accounts related
to the 2023-2024 budget, authorizing certain payments and transfers;
to amend the state finance law, in relation to the administration of
certain funds and accounts; to amend the military law, in relation to
the deposit of funds for the use of armories; to amend the state
finance law, in relation to the rainy day reserve fund; 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 or
notes; to amend 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 certain bonds &
notes; 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 certain bonds
or notes; to amend the public authorities law, in relation to the
issuance of certain bonds or notes; to amend the New York state
medical care facilities finance agency act, in relation to the issu-
ance of certain bonds or notes; to amend the New York state urban
development corporation act, in relation to the issuance of certain
bonds or notes; to amend chapter 329 of the laws of 1991, amending the
state finance law and other laws relating to the establishment of the
dedicated highway and bridge trust fund, in relation to the issuance
of certain bonds or notes; to amend the public authorities law, in
relation to the issuance of certain bonds or notes; to amend the
private housing finance law, in relation to housing program bonds and
notes; to amend the New York state urban development corporation act,
in relation to the nonprofit infrastructure capital investment
program; to amend the New York state urban development corporation
act, in relation to state-supported debt issued during the 2024 fiscal
year; to amend the New York state urban development corporation act,
in relation to permitting the dormitory authority, the New York state
urban development corporation, and the thruway authority to issue
bonds for the purpose of refunding obligations of the power authority
of the state of New York to fund energy efficiency projects at state
agencies; to amend the public authorities law, in relation to financ-
ing of metropolitan transportation authority (MTA) transportation
facilities; to amend the state finance law, in relation to payments of
bonds; to amend the state finance law, in relation to the mental
health services fund; to amend the state finance law, in relation to
the issuance of revenue bonds; to amend part D of chapter 63 of the
A. 3009--B 4
laws of 2005, relating to the composition and responsibilities of the
New York state higher education capital matching grant board, in
relation to increasing the amount of authorized matching capital
grants; authorizing the dormitory authority and the urban development
corporation to issue certain bonds or notes; and providing for the
repeal of certain provisions upon expiration thereof (Part LL); to
amend the public authorities law and the labor law, in relation to
unemployment insurance fund bond financing (Part MM); and to amend the
county law, in relation to enacting the "Suffolk county water quality
restoration act", authorizing the county of Suffolk to establish a
water quality restoration fund, and authorizing the county of Suffolk
to form a county sewer and wastewater management district and extend
the existing one-quarter of one percent sales tax utilized to finance
the county drinking water protection program until 2060; to amend the
tax law, in relation to the Suffolk county water quality restoration
fund; and to amend the local finance law, in relation to the period of
probable usefulness of septic systems funded by programs established
by the county of Suffolk (Part NN)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2023-2024
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through NN. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part,
7 including the effective date of the Part, which makes a reference to a
8 section "of this act", when used in connection with that particular
9 component, shall be deemed to mean and refer to the corresponding
10 section of the Part in which it is found. Section three of this act sets
11 forth the general effective date of this act.
12 PART A
13 Section 1. The opening paragraph of paragraph a of subdivision twen-
14 ty-eighth of section 171 of the tax law, as amended by chapter 451 of
15 the laws of 2022, is amended to read as follows:
16 [In the case of a taxpayer who is determined for federal tax purposes
17 under the provisions of] Have the authority to postpone certain dead-
18 lines for a period of up to ninety days, or longer when necessary to
19 align with relief provided by the Internal Revenue Service pursuant to
20 section seven thousand five hundred eight-A of the internal revenue code
21 [to be affected by a presidentially declared disaster, or who], for a
22 taxpayer who is determined [under regulations promulgated by the commis-
23 sioner] to be affected by a presidentially declared disaster or by a
24 disaster emergency declared by the governor[, have authority to provide
25 that a period of up to ninety days, or a longer period when necessary to
26 align with relief that has already been provided by the Internal Revenue
27 Service under the authority to postpone certain deadlines in section
28 seven thousand five hundred eight-A of the internal revenue code, may].
29 Any extension period provided pursuant to the authority in this subdivi-
30 sion shall be disregarded in determining under the tax law, or under a
31 law enacted pursuant to the authority of the tax law or former article
A. 3009--B 5
1 2-E of the general city law where administered by the commissioner, in
2 respect of any tax liability (including any interest, penalty, addi-
3 tional amount, or addition to the tax) of such taxpayer:
4 § 2. Paragraph c of subdivision twenty-eighth of section 171 of the
5 tax law, as added by chapter 8 of the laws of 1998, is amended to read
6 as follows:
7 c. Definitions. 1. Presidentially declared disaster. For purposes of
8 this subdivision, the term "presidentially declared disaster" means any
9 disaster which, with respect to an area, resulted in a subsequent deter-
10 mination by the president of the United States that such area warrants
11 assistance by the federal government under the disaster relief and emer-
12 gency assistance act.
13 2. Taxpayer. For purposes of this subdivision, the term "taxpayer"
14 means any person or entity required to file a return or remit any tax to
15 the commissioner pursuant to this chapter.
16 § 3. Subdivision twenty-eighth of section 171 of the tax law is
17 amended by adding a new paragraph d to read as follows:
18 d. Where a taxpayer who, pursuant to section seven thousand five
19 hundred eight-a of the internal revenue code, is determined for federal
20 tax purposes to be affected by a presidentially declared disaster, or
21 who is determined to be affected by a disaster emergency declared by the
22 governor, but the commissioner has not postponed a tax deadline pursuant
23 to the authority in paragraph a of this subdivision due to such disas-
24 ter, the commissioner may abate any amount of interest from the under-
25 payment of any tax administered by the commissioner under this chapter
26 that accrued for the period during which the taxpayer was unable to meet
27 such deadline due to direct impacts of the disaster.
28 § 4. This act shall take effect immediately.
29 PART B
30 Section 1. Subsection (e) of section 800 of the tax law, as added by
31 section 1 of part C of chapter 25 of the laws of 2009, is amended to
32 read as follows:
33 (e) Net earnings from self-employment. Net earnings from self-employ-
34 ment has the same meaning as in section 1402 of the internal revenue
35 code, provided, however, that for purposes of determining whether the
36 exclusion pursuant to paragraph 13 of subsection (a) of section 1402 of
37 the internal revenue code applies, an individual shall not be considered
38 a limited partner if the individual, directly or indirectly, takes part
39 in the control, or participates in the management or operations of the
40 partnership such that the individual is not a passive investor, regard-
41 less of the individual's title or characterization in a partnership or
42 operating agreement.
43 § 2. This act shall take effect immediately.
44 PART C
45 Section 1. Paragraph (d) of subdivision 1 of section 210-B of the tax
46 law, as amended by section 31 of part T of chapter 59 of the laws of
47 2015, is amended to read as follows:
48 (d) Except as otherwise provided in this paragraph, the credit allowed
49 under this subdivision for any taxable year shall not reduce the tax due
50 for such year to less than the fixed dollar minimum amount prescribed in
51 paragraph (d) of subdivision one of section two hundred ten of this
52 article. However, if the amount of credit allowable under this subdivi-
A. 3009--B 6
1 sion for any taxable year reduces the tax to such amount or if the
2 taxpayer otherwise pays tax based on the fixed dollar minimum amount,
3 any amount of credit allowed for a taxable year commencing prior to
4 January first, nineteen hundred eighty-seven and not deductible in such
5 taxable year may be carried over to the following year or years and may
6 be deducted from the taxpayer's tax for such year or years but in no
7 event shall such credit be carried over to taxable years commencing on
8 or after January first, two thousand two, and any amount of credit
9 allowed for a taxable year commencing on or after January first, nine-
10 teen hundred eighty-seven and not deductible in such year may be carried
11 over to the fifteen taxable years next following such taxable year and
12 may be deducted from the taxpayer's tax for such year or years. In lieu
13 of such carryover, (i) any such taxpayer which qualifies as a new busi-
14 ness under paragraph (f) of this subdivision may elect to treat the
15 amount of such carryover as an overpayment of tax to be credited or
16 refunded in accordance with the provisions of section one thousand
17 eighty-six of this chapter, and (ii) any such taxpayer that is an eligi-
18 ble farmer, as defined in subdivision eleven of this section, may for
19 taxable years beginning before January first, two thousand twenty-eight,
20 elect to treat the amount of such carryover as an overpayment of tax to
21 be credited or refunded in accordance with the provisions of section one
22 thousand eighty-six of this chapter, provided, however, the provisions
23 of subsection (c) of section one thousand eighty-eight of this chapter
24 notwithstanding, no interest shall be paid thereon.
25 § 2. Paragraph 5 of subsection (a) of section 606 of the tax law, as
26 amended by chapter 170 of the laws of 1994, is amended to read as
27 follows:
28 (5) If the amount of credit allowable under this subsection for any
29 taxable year shall exceed the taxpayer's tax for such year, the excess
30 allowed for a taxable year commencing prior to January first, nineteen
31 hundred eighty-seven may be carried over to the following year or years
32 and may be deducted from the taxpayer's tax for such year or years, but
33 in no event shall such credit be carried over to taxable years commenc-
34 ing on or after January first, nineteen hundred ninety-seven, and any
35 amount of credit allowed for a taxable year commencing on or after Janu-
36 ary first, nineteen hundred eighty-seven and not deductible in such year
37 may be carried over to the ten taxable years next following such taxable
38 year and may be deducted from the taxpayer's tax for such year or years.
39 In lieu of carrying over any such excess, (A) a taxpayer who qualifies
40 as an owner of a new business for purposes of paragraph ten of this
41 subsection may, at [his] the taxpayer's option, receive such excess as a
42 refund, and (B) a taxpayer that is an eligible farmer as defined in
43 subsection (n) of this section may, at the taxpayer's option, for taxa-
44 ble years beginning before January first, two thousand twenty-eight
45 receive such excess as a refund. Any refund paid pursuant to this para-
46 graph shall be deemed to be a refund of an overpayment of tax as
47 provided in section six hundred eighty-six of this article, provided,
48 however, that no interest shall be paid thereon.
49 § 3. This act shall take effect immediately, and apply to taxable
50 years beginning on or after January 1, 2023.
51 PART D
52 Section 1. Paragraph 2 of subdivision (a) of section 24 of the tax
53 law, as separately amended by sections 1 and 2 of part M of chapter 59
54 of the laws of 2020, is amended to read as follows:
A. 3009--B 7
1 (2) The amount of the credit shall be the product (or pro rata share
2 of the product, in the case of a member of a partnership) of [twenty-
3 five] thirty percent, or thirty-five percent in the case of an eligible
4 relocated television series, and the qualified production costs paid or
5 incurred in the production of a qualified film, provided that: (i) the
6 qualified production costs (excluding post production costs) paid or
7 incurred which are attributable to the use of tangible property or the
8 performance of services at a qualified film production facility in the
9 production of such qualified film equal or exceed seventy-five percent
10 of the production costs (excluding post production costs) paid or
11 incurred which are attributable to the use of tangible property or the
12 performance of services at any film production facility within and with-
13 out the state in the production of such qualified film, and (ii) except
14 with respect to a qualified independent film production company or
15 pilot, at least ten percent of the total principal photography shooting
16 days spent in the production of such qualified film must be spent at a
17 qualified film production facility. However, if the qualified production
18 costs (excluding post production costs) which are attributable to the
19 use of tangible property or the performance of services at a qualified
20 film production facility in the production of such qualified film is
21 less than three million dollars, then the portion of the qualified
22 production costs attributable to the use of tangible property or the
23 performance of services in the production of such qualified film outside
24 of a qualified film production facility shall be allowed only if the
25 shooting days spent in New York outside of a film production facility in
26 the production of such qualified film equal or exceed seventy-five
27 percent of the total shooting days spent within and without New York
28 outside of a film production facility in the production of such quali-
29 fied film. The credit shall be allowed for the taxable year in which the
30 production of such qualified film is completed. However, in the case of
31 a qualified film that receives funds from additional pool 2, no credit
32 shall be claimed before the later of (1) the taxable year the production
33 of the qualified film is complete, or (2) the [first] taxable year
34 [beginning immediately after the] that includes the last day of the
35 allocation year for which the film has been allocated credit by the
36 [governor's office for motion picture and television] department of
37 economic development. If the amount of the credit is at least one
38 million dollars but less than five million dollars, the credit shall be
39 claimed over a two year period beginning in the first taxable year in
40 which the credit may be claimed and in the next succeeding taxable year,
41 with one-half of the amount of credit allowed being claimed in each
42 year. If the amount of the credit is at least five million dollars, the
43 credit shall be claimed over a three year period beginning in the first
44 taxable year in which the credit may be claimed and in the next two
45 succeeding taxable years, with one-third of the amount of the credit
46 allowed being claimed in each year.
47 § 2. Paragraph 5 of subdivision (a) of section 24 of the tax law, as
48 amended by section 2 of part M of chapter 59 of the laws of 2022, is
49 amended to read as follows:
50 (5) For the period two thousand fifteen through two thousand [twenty-
51 nine] thirty-four, in addition to the amount of credit established in
52 paragraph two of this subdivision, a taxpayer shall be allowed a credit
53 equal to the product (or pro rata share of the product, in the case of a
54 member of a partnership) of ten percent and the amount of wages or sala-
55 ries paid to individuals directly employed (excluding those employed as
56 writers, directors, [music directors] composers, producers and perform-
A. 3009--B 8
1 ers, [including] other than background actors with no scripted lines to
2 the extent those wages or salaries or other compensation exceed five
3 hundred thousand dollars per individual) by a qualified film production
4 company or a qualified independent film production company for services
5 performed by those individuals in one of the counties specified in this
6 paragraph in connection with a qualified film with a minimum budget of
7 five hundred thousand dollars. Provided, however, the aggregate total
8 eligible qualified production costs for producers, writers, directors,
9 performers (other than background actors with no scripted lines), and
10 composers shall not exceed forty percent of the aggregate sum total of
11 all other qualified production costs. For purposes of this additional
12 credit, the services must be performed in one or more of the following
13 counties: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua,
14 Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess,
15 Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer,
16 Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara,
17 Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Putnam,
18 Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St.
19 Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washing-
20 ton, Wayne, Wyoming, or Yates. The aggregate amount of tax credits
21 allowed pursuant to the authority of this paragraph shall be five
22 million dollars each year during the period two thousand fifteen through
23 two thousand [twenty-nine] twenty-three and fifteen million dollars each
24 year during the period two thousand twenty-four through two thousand
25 thirty-four of the annual allocation made available to the program
26 pursuant to paragraph four of subdivision (e) of this section. Such
27 aggregate amount of credits shall be allocated by the [governor's office
28 for motion picture and television] department of economic development
29 among taxpayers in order of priority based upon the date of filing an
30 application for allocation of film production credit [with such office].
31 If the total amount of allocated credits applied for under this para-
32 graph in any year exceeds the aggregate amount of tax credits allowed
33 for such year under this paragraph, such excess shall be treated as
34 having been applied for on the first day of the next year. If the total
35 amount of allocated tax credits applied for under this paragraph at the
36 conclusion of any year is less than five million dollars each year
37 during the period two thousand fifteen through two thousand twenty-three
38 and fifteen million dollars each year during the period two thousand
39 twenty-four through two thousand thirty-four, the remainder shall be
40 treated as part of the annual allocation made available to the program
41 pursuant to paragraph four of subdivision (e) of this section. However,
42 in no event may the total of the credits allocated under this paragraph
43 and the credits allocated under paragraph five of subdivision (a) of
44 section thirty-one of this article exceed five million dollars [in any
45 year during the period two thousand fifteen through two thousand twen-
46 ty-nine]; provided further, however, that during the period two thousand
47 twenty-four through two thousand thirty-four, in no event may the total
48 of the credits allocated under this paragraph exceed fifteen million
49 dollars or the credits allocated under paragraph five of subdivision (a)
50 of section thirty-one of this article exceed five million dollars.
51 § 2-a. Paragraph 1 of subdivision (b) of section 24 of the tax law, as
52 amended by section 4 of part B of chapter 59 of the laws of 2013, is
53 amended to read as follows:
54 (1) "Qualified production costs" means production costs only to the
55 extent such costs are attributable to the use of tangible property or
56 the performance of services within the state directly and predominantly
A. 3009--B 9
1 in the production (including pre-production and post production) of a
2 qualified film. The aggregate total eligible qualified production
3 costs for producers, writers, directors, performers (other than back-
4 ground actors with no scripted lines), and composers shall not exceed
5 forty percent of the aggregate sum total of all other qualified
6 production costs.
7 § 3. Paragraph 2 of subdivision (b) of section 24 of the tax law, as
8 added by section 1 of part P of chapter 60 of the laws of 2004, is
9 amended to read as follows:
10 (2) "Production costs" means any costs for tangible property used and
11 services performed directly and predominantly in the production (includ-
12 ing pre-production and post production) of a qualified film.
13 "Production costs" shall not include (i) costs for a story, script or
14 scenario to be used for a qualified film and (ii) wages or salaries or
15 other compensation for writers, directors, [including music directors]
16 composers, producers and performers (other than background actors with
17 no scripted lines) to the extent those wages or salaries or other
18 compensation exceed five hundred thousand dollars per individual.
19 "Production costs" generally include technical and crew production
20 costs, such as expenditures for film production facilities, or any part
21 thereof, props, makeup, wardrobe, film processing, camera, sound record-
22 ing, set construction, lighting, shooting, editing and meals.
23 § 4. Paragraph 8 of subdivision (b) of section 24 of the tax law, as
24 added by section 2 of part B of chapter 59 of the laws of 2013, is
25 amended to read as follows:
26 (8) "Relocated television production" shall mean, notwithstanding the
27 limitations in subparagraph (i) of paragraph three of this subdivision,
28 a television production that is a talk or variety program that filmed at
29 least [five] two seasons outside the state prior to its first relocated
30 season in New York, the episodes are filmed before a studio audience of
31 two hundred or more, and the relocated television production incurs (i)
32 at least thirty million dollars in annual production costs in the state,
33 or (ii) at least ten million dollars in capital expenditures at a quali-
34 fied production facility in the state.
35 § 5. Subdivision (b) of section 24 of the tax law is amended by adding
36 a new paragraph 9 to read as follows:
37 (9) "Eligible relocated television series" shall mean the first two
38 years of a regularly occurring production intended to run in its initial
39 broadcast, regardless of the medium or mode of its distribution, in a
40 series of narrative and/or thematically related episodes, each of which
41 has a running time of at least thirty minutes in length (inclusive of
42 commercial advertisement and interstitial programming, if any). For the
43 purposes of this definition only, a television series produced by and
44 for media services providers described as streaming services and/or
45 digital platforms (and excluding network/cable) shall mean a regularly
46 occurring production intended to run in its initial release in a series
47 of narrative and/or thematically related episodes, the aggregate length
48 of which is at least seventy-five minutes, although the episodes them-
49 selves may vary in duration from the thirty minutes specified for
50 network/cable production, which had filmed a minimum of six episodes of
51 the television series outside the state immediately prior to relocating
52 to the state, where the television series had a total minimum budget of
53 at least one million dollars per episode.
54 § 6. Paragraph 4 of subdivision (e) of section 24 of the tax law, as
55 amended by section 3 of part M of chapter 59 of the laws of 2022, is
56 amended to read as follows:
A. 3009--B 10
1 (4) Additional pool 2 - The aggregate amount of tax credits allowed in
2 subdivision (a) of this section shall be increased by an additional four
3 hundred twenty million dollars in each year starting in two thousand ten
4 through two thousand [twenty-nine] twenty-three and seven hundred
5 million dollars each year starting in two thousand twenty-four through
6 two thousand thirty-four, provided however, seven million dollars of the
7 annual allocation shall be available for the empire state film post
8 production credit pursuant to section thirty-one of this article in two
9 thousand thirteen and two thousand fourteen, twenty-five million dollars
10 of the annual allocation shall be available for the empire state film
11 post production credit pursuant to section thirty-one of this article in
12 each year starting in two thousand fifteen through two thousand [twen-
13 ty-nine and] twenty-three, and forty-five millions dollars of the annual
14 allocation shall be available for the empire state film post production
15 credit pursuant to section thirty-one of this article in each year
16 starting in two thousand twenty-four through two thousand thirty-four.
17 Provided further, five million dollars of the annual allocation shall be
18 made available for the television writers' and directors' fees and sala-
19 ries credit pursuant to section twenty-four-b of this article in each
20 year starting in two thousand twenty through two thousand [twenty-nine]
21 thirty-four. This amount shall be allocated by the [governor's office
22 for motion picture and television] department of economic development
23 among taxpayers in accordance with subdivision (a) of this section. If
24 the commissioner of economic development determines that the aggregate
25 amount of tax credits available from additional pool 2 for the empire
26 state film production tax credit have been previously allocated, and
27 determines that the pending applications from eligible applicants for
28 the empire state film post production tax credit pursuant to section
29 thirty-one of this article is insufficient to utilize the balance of
30 unallocated empire state film post production tax credits from such
31 pool, the remainder, after such pending applications are considered,
32 shall be made available for allocation in the empire state film tax
33 credit pursuant to this section, subdivision twenty of section two
34 hundred ten-B and subsection (gg) of section six hundred six of this
35 chapter. Also, if the commissioner of economic development determines
36 that the aggregate amount of tax credits available from additional pool
37 2 for the empire state film post production tax credit have been previ-
38 ously allocated, and determines that the pending applications from
39 eligible applicants for the empire state film production tax credit
40 pursuant to this section is insufficient to utilize the balance of unal-
41 located film production tax credits from such pool, then all or part of
42 the remainder, after such pending applications are considered, shall be
43 made available for allocation for the empire state film post production
44 credit pursuant to this section, subdivision thirty-two of section two
45 hundred ten-B and subsection (qq) of section six hundred six of this
46 chapter. The [governor's office for motion picture and television]
47 department of economic development must notify taxpayers of their allo-
48 cation year and include the allocation year on the certificate of tax
49 credit. Taxpayers eligible to claim a credit must report the allocation
50 year directly on their empire state film production credit tax form for
51 each year a credit is claimed and include a copy of the certificate with
52 their tax return. In the case of a qualified film that receives funds
53 from additional pool 2, no empire state film production credit shall be
54 claimed before the later of (1) the taxable year the production of the
55 qualified film is complete, or (2) the taxable year [immediately follow-
56 ing] that includes the last day of the allocation year for which the
A. 3009--B 11
1 film has been allocated credit by the [governor's office for motion
2 picture and television] department of economic development.
3 § 7. Paragraph 4 of subdivision (e) of section 24 of the tax law, as
4 amended by section 4 of part M of chapter 59 of the laws of 2022, is
5 amended to read as follows:
6 (4) Additional pool 2 - The aggregate amount of tax credits allowed in
7 subdivision (a) of this section shall be increased by an additional four
8 hundred twenty million dollars in each year starting in two thousand ten
9 through two thousand [twenty-nine] twenty-three and seven hundred
10 million dollars in each year starting in two thousand twenty-four
11 through two thousand thirty-four, provided however, seven million
12 dollars of the annual allocation shall be available for the empire state
13 film post production credit pursuant to section thirty-one of this arti-
14 cle in two thousand thirteen and two thousand fourteen [and], twenty-
15 five million dollars of the annual allocation shall be available for the
16 empire state film post production credit pursuant to section thirty-one
17 of this article in each year starting in two thousand fifteen through
18 two thousand [twenty-nine] twenty-three, and forty-five million dollars
19 of the annual allocation shall be available for the empire state film
20 post production credit pursuant to section thirty-one of this article in
21 each year starting in two thousand twenty-four through two thousand
22 thirty-four. This amount shall be allocated by the [governor's office
23 for motion picture and television] department of economic development
24 among taxpayers in accordance with subdivision (a) of this section. If
25 the commissioner of economic development determines that the aggregate
26 amount of tax credits available from additional pool 2 for the empire
27 state film production tax credit have been previously allocated, and
28 determines that the pending applications from eligible applicants for
29 the empire state film post production tax credit pursuant to section
30 thirty-one of this article is insufficient to utilize the balance of
31 unallocated empire state film post production tax credits from such
32 pool, the remainder, after such pending applications are considered,
33 shall be made available for allocation in the empire state film tax
34 credit pursuant to this section, subdivision twenty of section two
35 hundred ten-B and subsection (gg) of section six hundred six of this
36 chapter. Also, if the commissioner of economic development determines
37 that the aggregate amount of tax credits available from additional pool
38 2 for the empire state film post production tax credit have been previ-
39 ously allocated, and determines that the pending applications from
40 eligible applicants for the empire state film production tax credit
41 pursuant to this section is insufficient to utilize the balance of unal-
42 located film production tax credits from such pool, then all or part of
43 the remainder, after such pending applications are considered, shall be
44 made available for allocation for the empire state film post production
45 credit pursuant to this section, subdivision thirty-two of section two
46 hundred ten-B and subsection (qq) of section six hundred six of this
47 chapter. The [governor's office for motion picture and television]
48 department of economic development must notify taxpayers of their allo-
49 cation year and include the allocation year on the certificate of tax
50 credit. Taxpayers eligible to claim a credit must report the allocation
51 year directly on their empire state film production credit tax form for
52 each year a credit is claimed and include a copy of the certificate with
53 their tax return. In the case of a qualified film that receives funds
54 from additional pool 2, no empire state film production credit shall be
55 claimed before the later of (1) the taxable year the production of the
56 qualified film is complete, or (2) the taxable year [immediately follow-
A. 3009--B 12
1 ing] that includes the last day of the allocation year for which the
2 film has been allocated credit by the [governor's office for motion
3 picture and television] department of economic development.
4 § 8. Paragraph 2 of subdivision (a) of section 31 of the tax law, as
5 amended by section 5 of part M of chapter 59 of the laws of 2020, is
6 amended to read as follows:
7 (2) The amount of the credit shall be the product (or pro rata share
8 of the product, in the case of a member of a partnership) of [twenty-
9 five] thirty percent and the qualified post production costs paid in the
10 production of a qualified film at a qualified post production facility
11 located within the metropolitan commuter transportation district as
12 defined in section twelve hundred sixty-two of the public authorities
13 law or [thirty] thirty-five percent and the qualified post production
14 costs paid in the production of a qualified film at a qualified post
15 production facility located elsewhere in the state.
16 § 9. Paragraph 6 of subdivision (a) of section 31 of the tax law, as
17 amended by section 6 of part M of chapter 59 of the laws of 2022, is
18 amended to read as follows:
19 (6) For the period two thousand fifteen through two thousand [twenty-
20 nine] thirty-four, in addition to the amount of credit established in
21 paragraph two of this subdivision, a taxpayer shall be allowed a credit
22 equal to the product (or pro rata share of the product, in the case of a
23 member of a partnership) of ten percent and the amount of wages or sala-
24 ries paid to individuals directly employed (excluding those employed as
25 writers, directors, [music directors] composers, producers and perform-
26 ers, [including] other than background actors with no scripted lines)
27 for services performed by those individuals in one of the counties spec-
28 ified in this paragraph in connection with the post production work on a
29 qualified film with a minimum budget of five hundred thousand dollars at
30 a qualified post production facility in one of the counties listed in
31 this paragraph. For purposes of this additional credit, the services
32 must be performed in one or more of the following counties: Albany,
33 Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango,
34 Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin,
35 Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Living-
36 ston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario,
37 Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Saratoga, Schenec-
38 tady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan,
39 Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, or Yates.
40 The aggregate amount of tax credits allowed pursuant to the authority of
41 this paragraph shall be five million dollars each year during the period
42 two thousand fifteen through two thousand [twenty-nine] thirty-four of
43 the annual allocation made available to the empire state film post
44 production credit pursuant to paragraph four of subdivision (e) of
45 section twenty-four of this article. Such aggregate amount of credits
46 shall be allocated by the [governor's office for motion picture and
47 television] department of economic development among taxpayers in order
48 of priority based upon the date of filing an application for allocation
49 of post production credit with such office. If the total amount of allo-
50 cated credits applied for under this paragraph in any year exceeds the
51 aggregate amount of tax credits allowed for such year under this para-
52 graph, such excess shall be treated as having been applied for on the
53 first day of the next year. If the total amount of allocated tax credits
54 applied for under this paragraph at the conclusion of any year is less
55 than five million dollars, the remainder shall be treated as part of the
56 annual allocation for two thousand seventeen made available to the
A. 3009--B 13
1 empire state film post production credit pursuant to paragraph four of
2 subdivision (e) of section twenty-four of this article. However, in no
3 event may the total of the credits allocated under this paragraph and
4 the credits allocated under paragraph five of subdivision (a) of section
5 twenty-four of this article exceed five million dollars in any year
6 during the period two thousand fifteen through two thousand [twenty-
7 nine] thirty-four.
8 § 9-a. Paragraph 3 of subdivision (b) of section 24 of the tax law, as
9 amended by section 5 of part F of chapter 59 of the laws of 2021, is
10 amended to read as follows:
11 (3) "Qualified film" means a feature-length film, television film,
12 relocated television production, television pilot or television series,
13 regardless of the medium by means of which the film, pilot or series is
14 created or conveyed. For the purposes of the credit provided by this
15 section only, a "qualified film" whose majority of principal photography
16 shooting days in the production of the qualified film are shot in West-
17 chester, Rockland, Nassau, or Suffolk county or any of the five New York
18 City boroughs shall have a minimum budget of one million dollars. A
19 "qualified film", whose majority of principal photography shooting days
20 in the production of the qualified film are shot in any other county of
21 the state than those listed in the preceding sentence shall have a mini-
22 mum budget of two hundred fifty thousand dollars. "Qualified film" shall
23 not include: (i) a documentary film, news or current affairs program,
24 interview or talk program, "how-to" (i.e., instructional) film or
25 program, film or program consisting primarily of stock footage, sporting
26 event or sporting program, game show, award ceremony, film or program
27 intended primarily for industrial, corporate or institutional end-users,
28 fundraising film or program, daytime drama (i.e., daytime "soap opera"),
29 commercials, music videos or "reality" program; (ii) a production for
30 which records are required under section 2257 of title 18, United States
31 code, to be maintained with respect to any performer in such production
32 (reporting of books, films, etc. with respect to sexually explicit
33 conduct); or (iii) other than a relocated television production, a tele-
34 vision series commonly known as variety entertainment, variety sketch
35 and variety talk, i.e., a program with components of improvisational or
36 scripted content (monologues, sketches, interviews), either exclusively
37 or in combination with other entertainment elements such as musical
38 performances, dancing, cooking, crafts, pranks, stunts, and games and
39 which may be further defined in regulations of the commissioner of
40 economic development. However, a qualified film shall include a tele-
41 vision series as described in subparagraph (iii) of this paragraph only
42 if an application for such series has been deemed conditionally eligible
43 for the tax credit under this section prior to April first, two thousand
44 twenty, such series remains in continuous production for each season,
45 and an annual application for each season of such series is continually
46 submitted for such series after April first, two thousand twenty.
47 Notwithstanding subparagraph (iii) of this paragraph, an entity receiv-
48 ing a credit pursuant to this section for a television series commonly
49 known as variety entertainment, that would otherwise be prohibited from
50 receiving a tax credit, shall be eligible for a new variety enter-
51 tainment show credit if the amount of the initial year credit does not
52 exceed the previous year's amount, at least fifty percent of the staff
53 are maintained in the first year of the credit, the same eligible entity
54 applies for the subsequent season's credit, and such application is made
55 prior to March thirty-first, two thousand twenty-four.
A. 3009--B 14
1 § 10. This act shall take effect immediately for initial applications
2 received on or after such effective date; provided, however, that the
3 amendments to paragraph 4 of subdivision (e) of section 24 of the tax
4 law made by section six of this act shall take effect on the same date
5 and in the same manner as section 6 of chapter 683 of the laws of 2019,
6 as amended, takes effect.
7 PART E
8 Section 1. Section 1085 of the tax law is amended by adding a new
9 subsection (e-1) to read as follows:
10 (e-1) Waiver of addition for underpayment of estimated tax. No addi-
11 tion to tax shall be imposed under subsection (c) of this section with
12 respect to any underpayment to the extent the commissioner determines
13 that by reason of casualty, disaster or other unusual circumstances the
14 imposition of such addition to tax would be against equity and good
15 conscience.
16 § 2. This act shall take effect immediately.
17 PART F
18 Section 1. Subdivision 4 of section 484 of the economic development
19 law, as added by section 1 of part E of chapter 59 of the laws of 2022,
20 is amended to read as follows:
21 4. The business entity must submit its application by [March thirty-
22 first] September thirtieth, two thousand twenty-three.
23 § 2. This act shall take effect immediately.
24 PART G
25 Section 1. Article 6 of the social services law is amended by adding a
26 new title 1-A to read as follows:
27 TITLE 1-A
28 CHILD CARE CREATION AND EXPANSION TAX CREDIT PROGRAM
29 Section 394. Short title.
30 394-a. Definitions.
31 394-b. Eligibility criteria.
32 394-c. Application and approval process.
33 394-d. Child care creation and expansion tax credit.
34 394-e. Allocation of credit.
35 394-f. Powers and duties of the commissioner.
36 394-g. Maintenance of records.
37 § 394. Short title. This title shall be known and may be cited as the
38 "child care creation and expansion tax credit program act".
39 § 394-a. Definitions. For the purposes of this title:
40 1. "Certificate of tax credit" shall mean the document issued to a
41 business entity by the office after the office has verified that the
42 business entity has met all applicable eligibility criteria in this
43 title. The certificate shall specify the exact amount of the tax credit
44 under this title that a business entity may claim, pursuant to section
45 three hundred ninety-four-d of this title, and the service year.
46 2. "Child care program" shall mean a child day care for which a
47 license or registration to operate such program has been issued by the
48 office pursuant to section three hundred ninety of this article.
49 3. "Child care rate" shall mean the weekly child care subsidy market
50 rates, based on the eightieth percentile of the 2021-22 New York state
A. 3009--B 15
1 child care market rate survey, for infant and toddler care provided by a
2 licensed or registered child care program, as reflected in the 2022
3 child care market rate survey report published by the office in compli-
4 ance with section 98.45 of title forty-five of the code of federal regu-
5 lations.
6 4. "Child care seats" shall mean the maximum number of children to be
7 allowed on the premises of a child care program at any time that such
8 program is in operation as specified on the license or registration
9 issued for such program by the office.
10 5. "Creates child care" shall mean the making available of child care
11 seats in a child care program by a business entity, directly or through
12 a third-party, for employees of such business entity, where such child
13 care program was not available prior to April first, two thousand twen-
14 ty-three, provided that the costs imposed on such employees for such
15 child care program do not exceed forty percent of the child care rate.
16 6. "Commissioner" shall mean commissioner of the office of children
17 and family services.
18 7. "Expands child care" shall mean the increase in the number of child
19 care seats in a child care program made available by a business entity,
20 directly or through a third party, for employees of such business enti-
21 ty, provided that such increase requires a new or amended license or
22 registration issued by the office pursuant to section three hundred
23 ninety of this article on or after April first, two thousand twenty-
24 three, and, provided further, that the costs imposed on such employees
25 for such child care program do not exceed forty percent of the child
26 care rate.
27 8. "Occupied" shall mean, for each service year in which a child care
28 program is in operation, the average daily number of children in attend-
29 ance on the premises of such child care program.
30 9. "Office" shall mean the office of children and family services.
31 10. "Service year" shall mean the twelve-month period, or portion
32 thereof, commencing on January first and ending on December thirty-
33 first.
34 § 394-b. Eligibility criteria. 1. To be eligible for a tax credit
35 under the child care creation and expansion tax credit program, a busi-
36 ness entity must:
37 (a) be a business entity that is required to file a tax return pursu-
38 ant to article nine-A, twenty-two or thirty-three of the tax law;
39 (b) be a child care program, or contract with such child care program,
40 as defined in this title that is licensed or registered pursuant to
41 section three hundred ninety of this article;
42 (c) create or expand child care seats, directly or through a third
43 party, for the employees of such business entity on or after April
44 first, two thousand twenty-three and before January first, two thousand
45 twenty-five;
46 (d) operate a business location in New York state;
47 (e) be in substantial compliance with any child care licensing laws
48 and regulations related to the entity's business sector or other laws
49 and regulations as determined by the commissioner; and
50 (f) not owe past due state taxes or local property taxes unless the
51 business entity is making payments and complying with an approved bind-
52 ing payment agreement entered into with the taxing authority.
53 § 394-c. Application and approval process. 1. A business entity must
54 submit a complete application as prescribed by the commissioner by the
55 thirty-first of January after the end of the service year.
A. 3009--B 16
1 2. The commissioner shall establish procedures for a business entity
2 to submit applications. As part of the application, each business entity
3 must:
4 (a) provide evidence in a form and manner prescribed by the commis-
5 sioner of their business eligibility;
6 (b) provide the license or registration issued to the business entity,
7 directly or through a third party, by the office to operate a child care
8 program indicating the number of child care seats created or, in the
9 case of a child care program that has experienced an expansion of child
10 care seats, the license or registration issued by the office demonstrat-
11 ing such expansion;
12 (c) provide evidence in a form and manner prescribed by the commis-
13 sioner establishing:
14 (i) the total number of child care seats that were occupied during the
15 service year;
16 (ii) of such total number of child care seats that were occupied, the
17 number of infant child care seats that were occupied and the number of
18 toddler child care seats that were occupied;
19 (iii) that, to the extent the business entity, directly or through a
20 third party, has expanded child care, the number of child care seats in
21 existence before such expansion and the number of such child care seats
22 that were occupied before such expansion; and
23 (iv) that the costs imposed on the business entity's employees for
24 such child care program do not exceed forty percent of the child care
25 rate.
26 (d) agree to allow the department of taxation and finance to share the
27 business entity's tax information relevant to the administration of this
28 title with the office. However, any information shared as a result of
29 this title shall not be available for disclosure or inspection under the
30 state freedom of information law;
31 (e) allow the office and its agents access to any and all books and
32 records the office may require to monitor compliance; and
33 (f) agree to provide any additional information required by the office
34 relevant to this title.
35 3. After reviewing a business entity's completed final application and
36 determining that the business entity meets the eligibility criteria as
37 set forth in this title, the office may issue to that business entity a
38 certificate of tax credit, which shall set forth the amount of the cred-
39 it that may be claimed and the service year.
40 § 394-d. Child care creation and expansion tax credit. Allowance of
41 credit. 1. A business entity in the child care creation and expansion
42 tax credit program that meets the eligibility requirements of section
43 three hundred ninety-four-b of this title may be eligible to claim a
44 credit for the portion of the service year in which the child care
45 program was in operation, equal to the sum of: (a) the product of the
46 number of infant child care seats that have been created or expanded and
47 twenty percent of the child care rate for such infant child care seats
48 and (b) the product of the number of toddler child care seats that have
49 been created or expanded and twenty percent of the child care rate for
50 such toddler child care seats; provided that such infant and toddler
51 child care seats are child care seats that are occupied. Notwithstand-
52 ing the preceding sentence, a credit shall not be allowed for more than
53 twenty-five child care seats that are occupied, and the amount of such
54 credit may be reduced as a result of an allocation of available funds,
55 as described in section three hundred ninety-four-e of this title.
A. 3009--B 17
1 2. The credit shall be allowed as provided in section forty-eight,
2 subdivision fifty-nine of section two hundred ten-B, subsection (ooo) of
3 section six hundred six and subdivision (ee) of section fifteen hundred
4 eleven of the tax law.
5 § 394-e. Allocation of credit. The aggregate amount of tax credits
6 allowed under this title, subdivision fifty-nine of section two hundred
7 ten-B, subsection (ooo) of section six hundred six and subdivision (ee)
8 of section fifteen eleven of the tax law shall be twenty-five million
9 dollars each year during the period two thousand twenty-three and two
10 thousand twenty-four. Such aggregate amount of credits shall be allo-
11 cated by the office on a pro rata basis to each business entity that
12 demonstrates eligibility pursuant to section three hundred ninety-four-b
13 of this title.
14 § 394-f. Powers and duties of the commissioner. 1. The commissioner
15 may promulgate regulations establishing an application process and
16 eligibility criteria, which will be applied consistent with the purposes
17 of this title so as not to exceed the annual cap on tax credits set
18 forth in this title, that, notwithstanding any provisions to the contra-
19 ry in the state administrative procedure act, may be adopted on an emer-
20 gency basis.
21 2. The commissioner shall, in consultation with the department of
22 taxation and finance, develop a certificate of tax credit that shall be
23 issued by the commissioner to eligible businesses. Such certificate
24 shall contain such information as required by the department of taxation
25 and finance.
26 3. The commissioner shall solely determine the eligibility of any
27 business entity applying for entry into the program and shall remove any
28 business entity from the program for failing to meet any of the require-
29 ments set forth in section three hundred ninety-four-b of this title.
30 § 394-g. Maintenance of records. Each business entity participating in
31 the program shall keep all relevant records for the duration of their
32 participation in the program for at least three years.
33 § 2. The tax law is amended by adding a new section 48 to read as
34 follows:
35 § 48. Child care creation and expansion tax credit. (a) Allowance of
36 credit. A taxpayer subject to tax under article nine-A, twenty-two or
37 thirty-three of this chapter shall be allowed a credit against such tax,
38 pursuant to the provisions referenced in subdivision (f) of this
39 section. The amount of the credit is equal to the amount determined
40 pursuant to section three hundred ninety-four-d of the social services
41 law and shall be claimed in the taxable year that includes the last day
42 of the service year for which the credit is calculated. No cost or
43 expense paid or incurred by the taxpayer that is included as part of the
44 calculation of this credit shall be the basis of any other tax credit
45 allowed under this chapter.
46 (b) Eligibility. To be eligible for the child care creation and expan-
47 sion tax credit, the taxpayer shall have been issued a certificate of
48 tax credit by the office of children and family services pursuant to
49 section three hundred ninety-four-c of the social services law. A
50 taxpayer that is a partner in a partnership, member of a limited liabil-
51 ity company or shareholder in a subchapter S corporation that has
52 received a certificate of tax credit shall be allowed its pro rata share
53 of the credit earned by the partnership, limited liability company or
54 subchapter S corporation.
55 (c) Tax return requirement. The taxpayer shall be required to attach
56 to its tax return in the form prescribed by the commissioner, proof of
A. 3009--B 18
1 receipt of its certificate of tax credit issued by the commissioner of
2 the office of children and family services.
3 (d) Information sharing. Notwithstanding any provision of this chap-
4 ter, employees of the office of children and family services and the
5 department shall be allowed and are directed to share and exchange:
6 (1) information regarding the credit applied for, allowed or claimed
7 pursuant to this section and taxpayers that are applying for the credit
8 or that are claiming the credit; and
9 (2) information contained in or derived from credit claim forms
10 submitted to the department. Except as provided in paragraph one of this
11 subdivision, all information exchanged between the office of children
12 and family services and the department shall not be subject to disclo-
13 sure or inspection under the state's freedom of information law.
14 (e) Credit recapture. If a certificate of tax credit issued by the
15 office of children and family services under title 1-A of article six of
16 the social services law is revoked by such office, the amount of credit
17 described in this section and claimed by the taxpayer prior to that
18 revocation shall be added back to tax in the taxable year in which any
19 such revocation becomes final.
20 (f) Cross references. For application of the credit provided for in
21 this section, see the following provisions of this chapter:
22 (1) article 9-A: section 210-B, subdivision 59;
23 (2) article 22: section 606, subsection (ooo);
24 (3) article 33: section 1511, subdivision (ee).
25 § 3. Section 210-B of the tax law is amended by adding a new subdivi-
26 sion 59 to read as follows:
27 59. Child care creation and expansion tax credit. (a) Allowance of
28 credit. A taxpayer shall be allowed a credit, to be computed as
29 provided in section forty-eight of this chapter, against the taxes
30 imposed by this article.
31 (b) Application of credit. The credit allowed under this subdivision
32 for the taxable year shall not reduce the tax due for such year to less
33 than the amount prescribed in paragraph (d) of subdivision one of
34 section two hundred ten of this article. However, if the amount of cred-
35 it allowed under this subdivision for the taxable year reduces the tax
36 to such amount or if the taxpayer otherwise pays tax based on the fixed
37 dollar minimum amount, any amount of credit thus not deductible in such
38 taxable year shall be treated as an overpayment of tax to be credited or
39 refunded in accordance with the provisions of section one thousand
40 eighty-six of this chapter. Provided, however, the provisions of
41 subsection (c) of section one thousand eighty-eight of this chapter
42 notwithstanding, no interest will be paid thereon.
43 § 4. Section 606 of the tax law is amended by adding a new subsection
44 (ooo) to read as follows:
45 (ooo) Child care creation and expansion tax credit. (1) Allowance of
46 credit. A taxpayer shall be allowed a credit, to be computed as provided
47 in section forty-eight of this chapter, against the tax imposed by this
48 article.
49 (2) Application of credit. If the amount of the credit allowed under
50 this subsection for the taxable year exceeds the taxpayer's tax for such
51 year, the excess shall be treated as an overpayment of tax to be credit-
52 ed or refunded in accordance with the provisions of section six hundred
53 eighty-six of this article, provided, however, that no interest will be
54 paid thereon.
55 § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
56 of the tax law is amended by adding a new clause (l) to read as follows:
A. 3009--B 19
1 (l) Child care creation andAmount of credit
2 expansion tax credit underunder subdivision 59
3 subsection (ooo)of section two hundred
4 ten-B
5 § 6. Section 1511 of the tax law is amended by adding a new subdivi-
6 sion (ee) to read as follows:
7 (ee) Child care creation and expansion tax credit. (1) Allowance of
8 credit. A taxpayer shall be allowed a credit, to be computed as provided
9 in section forty-eight of this chapter, against the tax imposed by this
10 article.
11 (2) Application of credit. The credit allowed under this subdivision
12 shall not reduce the tax due for such year to be less than the minimum
13 fixed by paragraph four of subdivision (a) of section fifteen hundred
14 two or section fifteen hundred two-a of this article, whichever is
15 applicable. However, if the amount of the credit allowed under this
16 subdivision for any taxable year reduces the taxpayer's tax to such
17 amount, any amount of credit thus not deductible will be treated as an
18 overpayment of tax to be credited or refunded in accordance with the
19 provisions of section one thousand eighty-six of this chapter.
20 Provided, however, the provisions of subsection (c) of one thousand
21 eighty-eight of this chapter notwithstanding, no interest shall be paid
22 thereon.
23 § 7. This act shall take effect immediately.
24 PART H
25 Section 1. Paragraph 5 of subdivision (d) of section 1201-a of the tax
26 law, as amended by chapter 260 of the laws of 2015, is amended to read
27 as follows:
28 5. Any local law adopted pursuant to this subdivision may provide for
29 a credit as authorized by this subdivision for a maximum of three
30 consecutive calendar years, provided, however, that any such credit may
31 not apply to taxable years beginning before January first, two thousand
32 [ten] twenty-three or beginning on or after January first, two thousand
33 [nineteen] twenty-six.
34 § 2. This act shall take effect immediately.
35 PART I
36 Section 1. This Part enacts into law major components of legislation
37 relating to extending various taxes and tax credits. Each component is
38 wholly contained within a Subpart identified as Subparts A through E.
39 The effective date for each particular provision contained within such
40 Subpart is set forth in the last section of such Subpart. Any provision
41 in any section contained within a Subpart, including the effective date
42 of the Subpart, which makes reference to a section "of this act", when
43 used in connection with that particular component, shall be deemed to
44 mean and refer to the corresponding section of the Subpart in which it
45 is found. Section three of this Part sets forth the general effective
46 date of this Part.
47 SUBPART A
48 Section 1. The opening paragraph of paragraph (a) of subdivision 1 of
49 section 210 of the tax law, as amended by section 1 of part HHH of chap-
50 ter 59 of the laws of 2021, is amended to read as follows:
A. 3009--B 20
1 For taxable years beginning before January first, two thousand
2 sixteen, the amount prescribed by this paragraph shall be computed at
3 the rate of seven and one-tenth percent of the taxpayer's business
4 income base. For taxable years beginning on or after January first, two
5 thousand sixteen, the amount prescribed by this paragraph shall be six
6 and one-half percent of the taxpayer's business income base. For taxable
7 years beginning on or after January first, two thousand twenty-one and
8 before January first, two thousand [twenty-four] twenty-three for any
9 taxpayer with a business income base for the taxable year of more than
10 five million dollars, the amount prescribed by this paragraph shall be
11 seven and one-quarter percent of the taxpayer's business income base.
12 For taxable years beginning on or after January first two thousand twen-
13 ty-three and before January first, two thousand twenty-seven for any
14 taxpayer with a business income base for the taxable year of more than
15 five million dollars, the amount prescribed by this paragraph shall be
16 nine and one-quarter percent of the taxpayer's business income base. The
17 taxpayer's business income base shall mean the portion of the taxpayer's
18 business income apportioned within the state as hereinafter provided.
19 However, in the case of a small business taxpayer, as defined in para-
20 graph (f) of this subdivision, the amount prescribed by this paragraph
21 shall be computed pursuant to subparagraph (iv) of this paragraph and in
22 the case of a manufacturer, as defined in subparagraph (vi) of this
23 paragraph, the amount prescribed by this paragraph shall be computed
24 pursuant to subparagraph (vi) of this paragraph, and, in the case of a
25 qualified emerging technology company, as defined in subparagraph (vii)
26 of this paragraph, the amount prescribed by this paragraph shall be
27 computed pursuant to subparagraph (vii) of this paragraph.
28 § 2. Subparagraph 1 of paragraph (b) of subdivision 1 of section 210
29 of the tax law, as amended by section 2 of part HHH of chapter 59 of the
30 laws of 2021, is amended to read as follows:
31 (1) (i) The amount prescribed by this paragraph shall be computed
32 at .15 percent for each dollar of the taxpayer's total business capital,
33 or the portion thereof apportioned within the state as hereinafter
34 provided for taxable years beginning before January first, two thousand
35 sixteen. However, in the case of a cooperative housing corporation as
36 defined in the internal revenue code, the applicable rate shall be .04
37 percent until taxable years beginning on or after January first, two
38 thousand twenty and zero percent for taxable years beginning on or after
39 January first, two thousand twenty-one. The rate of tax for subsequent
40 tax years shall be as follows: .125 percent for taxable years beginning
41 on or after January first, two thousand sixteen and before January
42 first, two thousand seventeen; .100 percent for taxable years beginning
43 on or after January first, two thousand seventeen and before January
44 first, two thousand eighteen; .075 percent for taxable years beginning
45 on or after January first, two thousand eighteen and before January
46 first, two thousand nineteen; .050 percent for taxable years beginning
47 on or after January first, two thousand nineteen and before January
48 first, two thousand twenty; .025 percent for taxable years beginning on
49 or after January first, two thousand twenty and before January first,
50 two thousand twenty-one; and .1875 percent for years beginning on or
51 after January first, two thousand twenty-one and before January first,
52 two thousand [twenty-four] twenty-seven, and zero percent for taxable
53 years beginning on or after January first, two thousand [twenty-four]
54 twenty-seven. Provided however, for taxable years beginning on or after
55 January first, two thousand twenty-one, the rate of tax for a small
56 business as defined in paragraph (f) of this subdivision shall be zero
A. 3009--B 21
1 percent. The rate of tax for a qualified New York manufacturer shall be
2 .132 percent for taxable years beginning on or after January first, two
3 thousand fifteen and before January first, two thousand sixteen, .106
4 percent for taxable years beginning on or after January first, two thou-
5 sand sixteen and before January first, two thousand seventeen, .085
6 percent for taxable years beginning on or after January first, two thou-
7 sand seventeen and before January first, two thousand eighteen; .056
8 percent for taxable years beginning on or after January first, two thou-
9 sand eighteen and before January first, two thousand nineteen; .038
10 percent for taxable years beginning on or after January first, two thou-
11 sand nineteen and before January first, two thousand twenty; .019
12 percent for taxable years beginning on or after January first, two thou-
13 sand twenty and before January first, two thousand twenty-one; and zero
14 percent for years beginning on or after January first, two thousand
15 twenty-one. (ii) In no event shall the amount prescribed by this para-
16 graph exceed three hundred fifty thousand dollars for qualified New York
17 manufacturers and for all other taxpayers five million dollars.
18 § 3. Section 218 of the tax law, as added by chapter 69 of the laws of
19 1978, is amended to read as follows:
20 § 218. Deposit and disposition of revenue. 1. All taxes, interest and
21 penalties collected or received by the tax commission under this article
22 shall be deposited and disposed of pursuant to the provisions of section
23 one hundred seventy-one-a of this chapter.
24 2. Provided, however, after the comptroller retains an amount neces-
25 sary for refunds and reimbursements to which taxpayers shall be entitled
26 under this article as described in section one hundred seventy-one-a of
27 this chapter, she or he shall deposit into the credit of the corporate
28 transportation account of the metropolitan transportation authority
29 special assistance fund established by section twelve hundred seventy-a
30 of the public authorities law for the costs of the New York city transit
31 authority, to be applied as provided in paragraph (e) of subdivision
32 four of such section in the following amounts: (i) in state fiscal year
33 two thousand twenty-three--two thousand twenty-four, an amount equal to
34 six hundred ninety-two million dollars; and (ii) in state fiscal year
35 two thousand twenty-four--two thousand twenty-five, an amount equal to
36 nine hundred twenty-three million dollars; and (iii) in state fiscal
37 year two thousand twenty-five--two thousand twenty-six, an amount equal
38 to seven hundred fifty-two million dollars; and (iv) in state fiscal
39 year two thousand twenty-six--two thousand twenty-seven, an amount equal
40 to eight hundred seventeen million dollars.
41 3. Provided further, after such funds are distributed pursuant to
42 subdivision two of this section but before such funds are distributed
43 pursuant to subdivision one of this section, such funds shall be
44 distributed into the credit of the metropolitan mass transportation
45 operating assistance account established by section eighty-eight-a of
46 the state finance law in the following amounts: (i) in state fiscal
47 year two thousand twenty-three--two thousand twenty-four, an amount
48 equal to one hundred thirty million dollars; and (ii) in state fiscal
49 year two thousand twenty-four--two thousand twenty-five, an amount equal
50 to one hundred seventy-three million dollars; and (iii) in state fiscal
51 year two thousand twenty-five--two thousand twenty-six, an amount equal
52 to one hundred forty-one million dollars; and (iv) in state fiscal year
53 two thousand twenty-six--two thousand twenty-seven an amount equal to
54 one hundred fifty-three million dollars.
55 4. And, provided further, after funds are distributed pursuant to
56 subdivisions two and three of this section, but before such funds are
A. 3009--B 22
1 distributed pursuant to subdivision one of this section, such funds
2 shall be deposited into the credit of the public transportation systems
3 operating assistance account established by section eighty-eight-a of
4 the state finance law in the following amounts: (i) in state fiscal year
5 two thousand twenty-three--two thousand twenty-four, an amount equal to
6 forty-three million dollars; and (ii) in state fiscal year two thousand
7 twenty-four--two thousand twenty-five, an amount equal to fifty-eight
8 million dollars; and (iii) in state fiscal year two thousand twenty-
9 five--two thousand twenty-six, an amount equal to forty-seven million
10 dollars; and (iv) in state fiscal year two thousand twenty-six--two
11 thousand twenty-seven, an amount equal to fifty-one million dollars.
12 § 4. The closing paragraph of subdivision 1 of section 1270-a of the
13 public authorities law, as amended by section 7 of part FF of chapter 58
14 of the laws of 2019, is amended to read as follows:
15 The authority shall make deposits in the transit account and the
16 commuter railroad account of the moneys received by it pursuant to the
17 provisions of subdivision one of section two hundred sixty-one of the
18 tax law in accordance with the provisions thereof, and shall make depos-
19 its in the corporate transportation account of the moneys received by it
20 pursuant to the provisions of subdivision two of section two hundred
21 sixty-one of the tax law and section ninety-two-ff of the state finance
22 law. The comptroller shall deposit, without appropriation, into the
23 corporate transportation account the revenue fees, taxes, interest and
24 penalties collected in accordance with paragraph (b-1) of subdivision
25 two of section five hundred three of the vehicle and traffic law, para-
26 graph (c-3) of subdivision two of section five hundred three of the
27 vehicle and traffic law, article seventeen-C of the vehicle and traffic
28 law, article twenty-nine-A of the tax law [and], section eleven hundred
29 sixty-six-a of the tax law, and subdivision two of section two hundred
30 eighteen of the tax law.
31 § 5. Paragraph (a) of subdivision 7 of section 88-a of the state
32 finance law, as added by chapter 481 of the laws of 1981, is amended to
33 read as follows:
34 (a) The "metropolitan mass transportation operating assistance
35 account" shall consist of the revenues derived from the taxes for the
36 metropolitan transportation district imposed by section eleven hundred
37 nine of the tax law and that proportion of the receipts received pursu-
38 ant to the tax imposed by article [nine-a] nine-A of such law as speci-
39 fied in section one hundred seventy-one-a of such law, [and] that
40 proportion of the receipts received pursuant to the tax imposed by arti-
41 cle nine of such law as specified in section two hundred five of such
42 law, and subdivision three of section two hundred eighteen of the tax
43 law and the receipts required to be deposited pursuant to the provisions
44 of section one hundred eighty-two-a, and all other moneys credited or
45 transferred thereto from any other fund or source pursuant to law.
46 § 6. Paragraph (a) of subdivision 5 of section 88-a of the state
47 finance law, as added by chapter 481 of the laws of 1981, is amended to
48 read as follows:
49 (a) The "public transportation systems operating assistance account"
50 shall consist of revenues required to be deposited therein pursuant to
51 the provisions of section one hundred eighty-two-a of the tax law,
52 subdivision four of section two hundred eighteen of the tax law and all
53 other moneys credited or transferred thereto from any other fund or
54 source pursuant to law.
55 § 7. Subdivision 1 of section 171-a of the tax law, as amended by
56 chapter 129 of the laws of 2022, is amended to read as follows:
A. 3009--B 23
1 1. All taxes, interest, penalties and fees collected or received by
2 the commissioner or the commissioner's duly authorized agent under arti-
3 cles nine (except section one hundred eighty-two-a thereof and except as
4 otherwise provided in section two hundred five thereof), nine-A (except
5 as otherwise provided in section two hundred eighteen therefor),
6 twelve-A (except as otherwise provided in section two hundred eighty-
7 four-d thereof), thirteen, thirteen-A (except as otherwise provided in
8 section three hundred twelve thereof), eighteen, nineteen, twenty
9 (except as otherwise provided in section four hundred eighty-two there-
10 of), twenty-B, twenty-C, twenty-D, twenty-one, twenty-two, twenty-four,
11 twenty-four-A, twenty-six, twenty-eight (except as otherwise provided in
12 section eleven hundred two or eleven hundred three thereof),
13 twenty-eight-A, twenty-eight-D (except as otherwise provided in section
14 eleven hundred ninety-seven, twenty-nine-B),[,] thirty-one (except as
15 otherwise provided in section fourteen hundred twenty-one thereof),
16 thirty-three and thirty-three-A of this chapter shall be deposited daily
17 in one account with such responsible banks, banking houses or trust
18 companies as may be designated by the comptroller, to the credit of the
19 comptroller. Such an account may be established in one or more of such
20 depositories. Such deposits shall be kept separate and apart from all
21 other money in the possession of the comptroller. The comptroller shall
22 require adequate security from all such depositories. Of the total
23 revenue collected or received under such articles of this chapter, the
24 comptroller shall retain in the comptroller's hands such amount as the
25 commissioner may determine to be necessary for refunds or reimbursements
26 under such articles of this chapter out of which amount the comptroller
27 shall pay any refunds or reimbursements to which taxpayers shall be
28 entitled under the provisions of such articles of this chapter. The
29 commissioner and the comptroller shall maintain a system of accounts
30 showing the amount of revenue collected or received from each of the
31 taxes imposed by such articles. The comptroller, after reserving the
32 amount to pay such refunds or reimbursements, shall, on or before the
33 tenth day of each month, pay into the state treasury to the credit of
34 the general fund all revenue deposited under this section during the
35 preceding calendar month and remaining to the comptroller's credit on
36 the last day of such preceding month, (i) except that the comptroller
37 shall pay to the state department of social services that amount of
38 overpayments of tax imposed by article twenty-two of this chapter and
39 the interest on such amount which is certified to the comptroller by the
40 commissioner as the amount to be credited against past-due support
41 pursuant to subdivision six of section one hundred seventy-one-c of this
42 article, (ii) and except that the comptroller shall pay to the New York
43 state higher education services corporation and the state university of
44 New York or the city university of New York respectively that amount of
45 overpayments of tax imposed by article twenty-two of this chapter and
46 the interest on such amount which is certified to the comptroller by the
47 commissioner as the amount to be credited against the amount of defaults
48 in repayment of guaranteed student loans and state university loans or
49 city university loans pursuant to subdivision five of section one
50 hundred seventy-one-d and subdivision six of section one hundred seven-
51 ty-one-e of this article, (iii) and except further that, notwithstanding
52 any law, the comptroller shall credit to the revenue arrearage account,
53 pursuant to section ninety-one-a of the state finance law, that amount
54 of overpayment of tax imposed by article nine, nine-A, twenty-two, thir-
55 ty, thirty-A, thirty-B or thirty-three of this chapter, and any interest
56 thereon, which is certified to the comptroller by the commissioner as
A. 3009--B 24
1 the amount to be credited against a past-due legally enforceable debt
2 owed to a state agency pursuant to paragraph (a) of subdivision six of
3 section one hundred seventy-one-f of this article, provided, however, he
4 shall credit to the special offset fiduciary account, pursuant to
5 section ninety-one-c of the state finance law, any such amount credita-
6 ble as a liability as set forth in paragraph (b) of subdivision six of
7 section one hundred seventy-one-f of this article, (iv) and except
8 further that the comptroller shall pay to the city of New York that
9 amount of overpayment of tax imposed by article nine, nine-A, twenty-
10 two, thirty, thirty-A, thirty-B or thirty-three of this chapter and any
11 interest thereon that is certified to the comptroller by the commission-
12 er as the amount to be credited against city of New York tax warrant
13 judgment debt pursuant to section one hundred seventy-one-l of this
14 article, (v) and except further that the comptroller shall pay to a
15 non-obligated spouse that amount of overpayment of tax imposed by arti-
16 cle twenty-two of this chapter and the interest on such amount which has
17 been credited pursuant to section one hundred seventy-one-c, one hundred
18 seventy-one-d, one hundred seventy-one-e, one hundred seventy-one-f or
19 one hundred seventy-one-l of this article and which is certified to the
20 comptroller by the commissioner as the amount due such non-obligated
21 spouse pursuant to paragraph six of subsection (b) of section six
22 hundred fifty-one of this chapter; and (vi) the comptroller shall deduct
23 a like amount which the comptroller shall pay into the treasury to the
24 credit of the general fund from amounts subsequently payable to the
25 department of social services, the state university of New York, the
26 city university of New York, or the higher education services corpo-
27 ration, or the revenue arrearage account or special offset fiduciary
28 account pursuant to section ninety-one-a or ninety-one-c of the state
29 finance law, as the case may be, whichever had been credited the amount
30 originally withheld from such overpayment, and (vii) with respect to
31 amounts originally withheld from such overpayment pursuant to section
32 one hundred seventy-one-l of this article and paid to the city of New
33 York, the comptroller shall collect a like amount from the city of New
34 York.
35 § 7. This act shall take effect immediately.
36 SUBPART B
37 Section 1. Subsection (oo) of section 606 of the tax law, as amended
38 by chapter 239 of the laws of 2009, paragraph 1 as amended by chapter
39 472 of the laws of 2010, subparagraph (A) of paragraph 1 as amended and
40 paragraph 6 as added by section 1 of part CCC of chapter 59 of the laws
41 of 2021, paragraph 3 as amended by section 1 of part RR of chapter 59 of
42 the laws of 2018, paragraph 4 as amended by section 1 of part F of chap-
43 ter 59 of the laws of 2013 and paragraph 5 as amended by section 2 of
44 part U of chapter 59 of the laws of 2019, is amended to read as follows:
45 (oo) Credit for rehabilitation of historic properties. (1) (A) For
46 taxable years beginning on or after January first, two thousand ten and
47 before January first, two thousand [twenty-five] thirty, a taxpayer
48 shall be allowed a credit as hereinafter provided, against the tax
49 imposed by this article, in an amount equal to:
50 (i) one hundred percent of the amount of credit allowed the taxpayer
51 with respect to a certified historic structure, and one hundred fifty
52 percent of the amount of credit allowed the taxpayer with respect to a
53 certified historic structure that is a small project, under internal
54 revenue code section 47(c)(3), determined without regard to ratably
A. 3009--B 25
1 allocating the credit over a five year period as required by subsection
2 (a) of such section 47; and
3 (ii) one hundred percent of the amount of credit allowed the taxpayer
4 with respect to a certified historic structure that is a white
5 elephant project, under internal revenue code section 47(c)(3) (ratably
6 allocating the credit over a five-year period), with respect to a certi-
7 fied historic structure located within the state. Provided, however, the
8 credit shall not exceed five million dollars, unless such credit is
9 allowed with respect to a certified historic structure that is a white
10 elephant project, in which case, the credit shall not exceed fifty
11 million dollars. Provided, further, that whenever the commissioner of
12 parks, recreation and historic preservation receives an application for
13 a white elephant project from an applicant for which such commissioner
14 has previously certified credit for an eligible white elephant project,
15 the commissioner of parks, recreation and historic preservation may deem
16 such subsequent application to be phase II of the original eligible
17 project if such commissioner determines that the two projects are
18 reasonably related, as determined by such commissioner; the previous
19 project qualified as an eligible white elephant project with seventy-
20 five million dollars or less of qualified rehabilitation expenditures;
21 and the phase II application has been submitted within five years of
22 such commissioner's previous certification of credit for the previously
23 eligible white elephant project.
24 (B) For taxable years beginning on or after January first, two thou-
25 sand [twenty-five] thirty, a taxpayer shall be allowed a credit as here-
26 inafter provided, against the tax imposed by this article, in an amount
27 equal to thirty percent of the amount of credit allowed the taxpayer
28 with respect to a certified historic structure under internal revenue
29 code section 47(c)(3), determined without regard to ratably allocating
30 the credit over a five year period as required by subsection (a) of such
31 section 47, with respect to a certified historic structure located with-
32 in the state; provided, however, the credit shall not exceed one hundred
33 thousand dollars, unless such credit is allowed with respect to a certi-
34 fied historic structure that is a white elephant project, in which case,
35 the credit shall not exceed three hundred thousand dollars.
36 [(B)] (C) If the taxpayer is a partner in a partnership or a share-
37 holder of a New York S corporation, then the credit cap imposed in
38 [subparagraph] subparagraphs (A) and (B) of this paragraph shall be
39 applied at the entity level, so that the aggregate credit allowed to all
40 the partners or shareholders of each such entity in the taxable year
41 does not exceed the credit cap that is applicable in that taxable year.
42 (2) Tax credits allowed pursuant to this subsection shall be allowed
43 in the taxable year that the qualified rehabilitation is placed in
44 service under section 167 of the federal internal revenue code.
45 (3) If the taxpayer is allowed a credit pursuant to section 47 of the
46 internal revenue code with respect to a qualified rehabilitation that is
47 also the subject of the credit allowed by this subsection and that cred-
48 it pursuant to such section 47 is recaptured pursuant to subsection (a)
49 of section 50 of the internal revenue code, a portion of the credit
50 allowed under this subsection must be added back in the same taxable
51 year and in the same proportion as the federal recapture.
52 (4) If the amount of the credit allowed under this subsection for any
53 taxable year shall exceed the taxpayer's tax for such year, the excess
54 shall be treated as an overpayment of tax to be credited or refunded in
55 accordance with the provisions of section six hundred eighty-six of this
56 article, provided, however, that no interest shall be paid thereon.
A. 3009--B 26
1 (5) Except in the case of (A) a qualified rehabilitation project
2 undertaken within a state park, state historic site, or other land owned
3 by the state, that is under the jurisdiction of the office of parks,
4 recreation and historic preservation, or (B) a qualified white elephant
5 rehabilitation project that is also a qualified low-income housing
6 project under article two-A of the public housing law, to be eligible
7 for the credit allowable under this subsection the rehabilitation
8 project shall be in whole or in part located within a census tract which
9 is identified as being at or below one hundred percent of the state
10 median family income as calculated as of April first of each year using
11 the most recent five year estimate from the American community survey
12 published by the United States Census bureau. If there is a change in
13 the most recent five year estimate, a census tract that qualified for
14 eligibility under this program before information about the change was
15 released will remain eligible for a credit under this subsection for an
16 additional two calendar years.
17 (6) [For purposes of this subsection the term] As used in this
18 subsection, the following terms shall have the following meanings:
19 ["small] (A) "Small project" means qualified rehabilitation expendi-
20 tures totaling two million five hundred thousand dollars or less[.];
21 (B) "White elephant project" means qualified rehabilitation expendi-
22 tures totaling fifty million dollars or more with respect to a certified
23 historic structure that has been vacant, as determined by local code
24 enforcement or other reasonable means, for at least ten of fifteen
25 consecutive years preceding the date of the taxpayer's application for
26 the rehabilitation credit; and
27 (C) "Phase II housing project" means a white elephant housing project
28 which the commissioner determines (i) is reasonably related to a prior
29 eligible white elephant project or eligible white elephant housing
30 project by the same applicant, (ii) such prior project qualified as
31 eligible with seventy-five million dollars or less of qualified rehabil-
32 itation expenditures, and (iii) the phase II application has been
33 submitted within five years of the commissioner's previous allowance of
34 credit for the prior eligible white elephant project or eligible white
35 elephant housing project.
36 (7) The commissioner shall report annually, on or before the first day
37 of November, on the aggregate amount of credits claimed and awarded
38 pursuant to this subdivision on returns filed during the preceding
39 calendar year. Such report shall be provided to the governor, temporary
40 president of the senate, speaker of the assembly, chair of the senate
41 finance committee and chair of the assembly ways and means committee and
42 shall be made publicly available on the department's website.
43 (8) The aggregate amount of tax credits allocated for white elephant
44 projects pursuant to article fourteen-A of the parks, recreation and
45 historic preservation law shall be fifty million dollars each year. If
46 the total amount of allocated credits applied for in any particular year
47 exceeds the aggregate amount of tax credits allowed for such year under
48 this section, such excess shall be treated as having been applied for on
49 the first day of the subsequent year.
50 § 2. Subdivision 26 of section 210-B of the tax law, as added by
51 section 17 of part A of chapter 59 of the laws of 2014, paragraphs (a)
52 and (c) as amended by section 2 of part RR of chapter 59 of the laws of
53 2018, subparagraph (i) of paragraph (a) as amended and paragraph (f) as
54 added by section 2 of part CCC of chapter 59 of the laws of 2021, and
55 paragraph (e) as amended by section 1 of part U of chapter 59 of the
56 laws of 2019, is amended to read as follows:
A. 3009--B 27
1 26. Credit for rehabilitation of historic properties. (a) Application
2 of credit. (i) For taxable years beginning on or after January first,
3 two thousand ten, and before January first, two thousand [twenty-five]
4 thirty, a taxpayer shall be allowed a credit as hereinafter provided,
5 against the tax imposed by this article, in an amount equal to:
6 (A) one hundred percent of the amount of credit allowed the taxpayer
7 for the same taxable year with respect to a certified historic struc-
8 ture, and one hundred fifty percent of the amount of credit allowed the
9 taxpayer with respect to a certified historic structure that is a small
10 project, under internal revenue code section 47(c)(3), determined with-
11 out regard to ratably allocating the credit over a five year period as
12 required by subsection (a) of such section 47; and
13 (B) one hundred percent of the amount of credit allowed the taxpayer
14 with respect to a certified historic structure that is a "white elephant
15 project", under internal revenue code section 47(c)(3) (ratably allocat-
16 ing the credit over a five-year period), with respect to a certified
17 historic structure located within the state. Provided, however, the
18 credit shall not exceed five million dollars, unless such credit is
19 allowed with respect to a certified historic structure that is a white
20 elephant project, in which case, the credit shall not exceed fifty
21 million dollars. Provided, further, that whenever the commissioner of
22 parks, recreation and historic preservation receives an application for
23 a white elephant project from an applicant for which such commissioner
24 has previously certified credit for an eligible white elephant project,
25 the commissioner of parks, recreation and historic preservation may deem
26 such subsequent application to be phase II of the original eligible
27 project if such commissioner determines that the two projects are
28 reasonably related, as determined by such commissioner; the previous
29 project qualified as an eligible white elephant project with seventy-
30 five million dollars or less of qualified rehabilitation expenditures;
31 and the phase II application has been submitted within five years of
32 such commissioner's previous certification of credit for the previously
33 eligible white elephant project.
34 (ii) For taxable years beginning on or after January first, two thou-
35 sand [twenty-five] thirty, a taxpayer shall be allowed a credit as here-
36 inafter provided, against the tax imposed by this article, in an amount
37 equal to thirty percent of the amount of credit allowed the taxpayer for
38 the same taxable year determined without regard to ratably allocating
39 the credit over a five year period as required by subsection (a) of
40 section 47 of the internal revenue code, with respect to a certified
41 historic structure under subsection (c)(3) of section 47 of the internal
42 revenue code with respect to a certified historic structure located
43 within the state. Provided, however, the credit shall not exceed one
44 hundred thousand dollars, unless such credit is allowed with respect to
45 a certified historic structure that is a white elephant project, in
46 which case, the credit shall not exceed three hundred thousand dollars.
47 [(B)] (iii) If the taxpayer is a partner in a partnership or a share-
48 holder in a New York S corporation, then the credit caps imposed in
49 [subparagraph (A)] subparagraphs (i) and (ii) of this paragraph shall be
50 applied at the entity level, so that the aggregate credit allowed to all
51 the partners or shareholders of each such entity in the taxable year
52 does not exceed the credit cap that is applicable in that taxable year.
53 (b) Tax credits allowed pursuant to this subdivision shall be allowed
54 in the taxable year that the qualified rehabilitation is placed in
55 service under section 167 of the federal internal revenue code.
A. 3009--B 28
1 (c) If the taxpayer is allowed a credit pursuant to section 47 of the
2 internal revenue code with respect to a qualified rehabilitation that is
3 also the subject of the credit allowed by this subdivision and that
4 credit pursuant to such section 47 is recaptured pursuant to subsection
5 (a) of section 50 of the internal revenue code, a portion of the credit
6 allowed under this subdivision must be added back in the same taxable
7 year and in the same proportion as the federal credit.
8 (d) The credit allowed under this subdivision for any taxable year
9 shall not reduce the tax due for such year to less than the amount
10 prescribed in paragraph (d) of subdivision one of section two hundred
11 ten of this article. However, if the amount of the credit allowed under
12 this subdivision for any taxable year reduces the tax to such amount or
13 if the taxpayer otherwise pays tax based on the fixed dollar minimum
14 amount, any amount of credit thus not deductible in such taxable year
15 shall be treated as an overpayment of tax to be recredited or refunded
16 in accordance with the provisions of section one thousand eighty-six of
17 this chapter. Provided, however, the provisions of subsection (c) of
18 section one thousand eighty-eight of this chapter notwithstanding, no
19 interest shall be paid thereon.
20 (e) Except in the case of (A) a qualified rehabilitation project
21 undertaken within a state park, state historic site, or other land owned
22 by the state, that is under the jurisdiction of the office of parks,
23 recreation and historic preservation, or (B) a qualified white elephant
24 rehabilitation project that is also a qualified low-income housing
25 project under article two-A of the public housing law, to be eligible
26 for the credit allowable under this subdivision, the rehabilitation
27 project shall be in whole or in part located within a census tract which
28 is identified as being at or below one hundred percent of the state
29 median family income as calculated as of April first of each year using
30 the most recent five year estimate from the American community survey
31 published by the United States Census bureau. If there is a change in
32 the most recent five year estimate, a census tract that qualified for
33 eligibility under this program before information about the change was
34 released will remain eligible for a credit under this subdivision for an
35 additional two calendar years.
36 (f) [For purposes of this subdivision] Definitions. As used in this
37 subdivision, the following terms shall have the following meanings:
38 ["small] (A) "Small project" means qualified rehabilitation expendi-
39 tures totaling two million five hundred thousand dollars or less[.];
40 (B) "White elephant project" means qualified rehabilitation expendi-
41 tures totaling fifty million dollars or more with respect to a certified
42 historic structure that has been vacant, as determined by local code
43 enforcement or other reasonable means, for at least ten of fifteen
44 consecutive years preceding the date of the taxpayer's application for
45 the rehabilitation credit; and
46 (C) "Phase II housing project" means a white elephant housing project
47 which the commissioner determines (i) is reasonably related to a prior
48 eligible white elephant project or eligible white elephant housing
49 project by the same applicant, (ii) such prior project qualified as
50 eligible with seventy-five million dollars or less of qualified rehabil-
51 itation expenditures, and (iii) the phase II application has been
52 submitted within five years of the commissioner's previous allowance of
53 credit for the prior eligible white elephant project or eligible white
54 elephant housing project.
55 (g) The commissioner shall report annually, on or before the first day
56 of November, on the aggregate amount of credits claimed and awarded
A. 3009--B 29
1 pursuant to this subdivision on returns filed during the preceding
2 calendar year. Such report shall be provided to the governor, temporary
3 president of the senate, speaker of the assembly, chair of the senate
4 finance committee and chair of the assembly ways and means committee and
5 shall be made publicly available on the department's website.
6 (h) The aggregate amount of tax credits allocated for white elephant
7 projects pursuant to article 14-A of the parks, recreation and historic
8 preservation law shall be fifty million dollars each year. If the total
9 amount of allocated credits applied for in any particular year exceeds
10 the aggregate amount of tax credits allowed for such year under this
11 section, such excess shall be treated as having been applied for on the
12 first day of the subsequent year.
13 § 3. Subdivision (y) of section 1511 of the tax law, as added by chap-
14 ter 472 of the laws of 2010, subparagraph (A) of paragraph 1 as amended
15 and paragraph 6 as added by section 3 of part CCC of chapter 59 of the
16 laws of 2021, paragraph 3 as amended by section 3 of part RR of chapter
17 59 of the laws of 2018, paragraph 4 as amended by section 4 of part F of
18 chapter 59 of the laws of 2013 and paragraph 5 as amended by section 3
19 of part U of chapter 59 of the laws of 2019, is amended to read as
20 follows:
21 (y) Credit for rehabilitation of historic properties. (1) (A) For
22 taxable years beginning on or after January first, two thousand ten and
23 before January first, two thousand [twenty-five] thirty, a taxpayer
24 shall be allowed a credit as hereinafter provided, against the tax
25 imposed by this article, in an amount equal to:
26 (i) one hundred percent of the amount of credit allowed the taxpayer
27 with respect to a certified historic structure, and one hundred fifty
28 percent of the amount of credit allowed the taxpayer with respect to a
29 certified historic structure that is a small project, under internal
30 revenue code section 47(c)(3), determined without regard to ratably
31 allocating the credit over a five year period as required by subsection
32 (a) of such section 47;and
33 (ii) one hundred percent of the amount of credit allowed the taxpayer
34 with respect to a certified historic structure that is a "white
35 elephant project", under internal revenue code section 47(c)(3) (ratably
36 allocating the credit over a five-year period), with respect to a certi-
37 fied historic structure located within the state. Provided, however, the
38 credit shall not exceed five million dollars, unless such credit is
39 allowed with respect to a certified historic structure that is a "white
40 elephant project", in which case, the credit shall not exceed fifty
41 million dollars. Provided, further, that whenever the commissioner of
42 parks, recreation and historic preservation receives an application for
43 a white elephant project from an applicant for which such commissioner
44 has previously certified credit for an eligible white elephant project,
45 the commissioner of parks, recreation and historic preservation may deem
46 such subsequent application to be "phase II" of the original eligible
47 project if such commissioner determines that the two projects are
48 reasonably related, as determined by such commissioner; the previous
49 project qualified as an eligible white elephant project with seventy-
50 five million dollars or less of qualified rehabilitation expenditures;
51 and the "phase II" application has been submitted within five years of
52 such commissioner's previous certification of credit for the previously
53 eligible white elephant project.
54 (B) For taxable years beginning on or after January first, two thou-
55 sand [twenty-five] thirty, a taxpayer shall be allowed a credit as here-
56 inafter provided, against the tax imposed by this article, in an amount
A. 3009--B 30
1 equal to thirty percent of the amount of credit allowed the taxpayer
2 with respect to a certified historic structure under internal revenue
3 code section 47(c)(3), determined without regard to ratably allocating
4 the credit over a five year period as required by subsection (a) of such
5 section 47 with respect to a certified historic structure located within
6 the state. Provided, however, the credit shall not exceed one hundred
7 thousand dollars, unless such credit is allowed with respect to a certi-
8 fied historic structure that is a white elephant project, in which case,
9 the credit shall not exceed three hundred thousand dollars.
10 [(B)] (C) If the taxpayer is a partner in a partnership, then the cap
11 imposed in [subparagraph] subparagraphs (A) and (B) of this paragraph
12 shall be applied at the entity level, so that the aggregate credit
13 allowed to all the partners of such partnership in the taxable year does
14 not exceed the credit cap that is applicable in that taxable year.
15 (2) Tax credits allowed pursuant to this subsection shall be allowed
16 in the taxable year that the qualified rehabilitation is placed in
17 service under section 167 of the federal internal revenue code.
18 (3) If the taxpayer is allowed a credit pursuant to section 47 of the
19 internal revenue code with respect to a qualified rehabilitation that is
20 also the subject of the credit allowed by this subdivision and that
21 credit pursuant to such section 47 is recaptured pursuant to subsection
22 (a) of section 50 of the internal revenue code, a portion of the credit
23 allowed under this subdivision in the taxable year the credit was
24 claimed must be added back in the same taxable year and in the same
25 proportion as the federal recapture.
26 (4) The credit allowed under this subdivision for any taxable year
27 shall not reduce the tax due for such year to less than the minimum
28 fixed by paragraph four of subdivision (a) of section fifteen hundred
29 two or section fifteen hundred two-a of this article, whichever is
30 applicable. However, if the amount of credits allowed under this subdi-
31 vision for any taxable year reduces the tax to such amount, any amount
32 of credit thus not deductible in such taxable year shall be treated as
33 an overpayment of tax to be credited or refunded in accordance with the
34 provisions of section one thousand eighty-six of this chapter. Provided,
35 however, the provisions of subsection (c) of section one thousand eight-
36 y-eight of this chapter notwithstanding, no interest shall be paid ther-
37 eon.
38 (5) Except in the case of a (A) qualified rehabilitation project
39 undertaken within a state park, state historic site, or other land owned
40 by the state, that is under the jurisdiction of the office of parks,
41 recreation and historic preservation, or (B) a qualified white elephant
42 rehabilitation project that is also a qualified low-income housing
43 project under article two-A of the public housing law, to be eligible
44 for the credit allowable under this subdivision, the rehabilitation
45 project shall be in whole or in part located within a census tract which
46 is identified as being at or below one hundred percent of the state
47 median family income as calculated as of April first of each year using
48 the most recent five year estimate from the American community survey
49 published by the United States Census bureau. If there is a change in
50 the most recent five year estimate, a census tract that qualified for
51 eligibility under this program before information about the change was
52 released will remain eligible for a credit under this subdivision for an
53 additional two calendar years.
54 (6) [For purposes of this subdivision] As used in this subdivision,
55 the following terms shall have the following meanings:
A. 3009--B 31
1 ["small] (A) "Small project" means qualified rehabilitation expendi-
2 tures totaling two million five hundred thousand dollars or less[.];
3 (B) "White elephant project" means qualified rehabilitation expendi-
4 tures totaling fifty million dollars or more with respect to a certified
5 historic structure that has been vacant, as determined by local code
6 enforcement or other reasonable means, for at least ten of fifteen
7 consecutive years preceding the date of the taxpayer's application for
8 the rehabilitation credit; and
9 (C) "Phase II housing project" means a white elephant housing project
10 which the commissioner determines (1) is reasonably related to a prior
11 eligible white elephant project or eligible white elephant housing
12 project by the same applicant, (2) such prior project qualified as
13 eligible with seventy-five million dollars or less of qualified rehabil-
14 itation expenditures, and (3) the phase II application has been submit-
15 ted within five years of the commissioner's previous allowance of credit
16 for the prior eligible white elephant project or eligible white elephant
17 housing project.
18 (7) The commissioner shall report annually, on or before the first day
19 of November, on the aggregate amount of credits claimed and awarded
20 pursuant to this subdivision on returns filed during the preceding
21 calendar year. Such report shall be provided to the governor, temporary
22 president of the senate, speaker of the assembly, chair of the senate
23 finance committee and chair of the assembly ways and means committee and
24 shall be made publicly available on the department's website.
25 (8) The aggregate amount of tax credits allocated for white elephant
26 projects pursuant to article 14-A of the parks, recreation and historic
27 preservation law shall be fifty million dollars each year. If the total
28 amount of allocated credits applied for in any particular year exceeds
29 the aggregate amount of tax credits allowed for such year under this
30 section, such excess shall be treated as having been applied for on the
31 first day of the subsequent year.
32 § 4. The parks, recreation and historic preservation law is amended by
33 adding a new article 14-A to read as follows:
34 ARTICLE 14-A
35 WHITE ELEPHANT HOUSING HISTORIC REHABILITATION PROJECTS TAX
36 CREDIT PROGRAM
37 Section 14.15 Definitions.
38 14.16 Allowance of credit, amount and limitations.
39 14.17 Project monitoring.
40 14.18 Regulations, coordination with federal rehabilitation
41 credit provisions.
42 § 14.15 Definitions. As used in this article, the following terms
43 shall have the following meanings:
44 1. "Eligibility statement" means a statement issued by the commission-
45 er, in consultation with the commissioner of the division of community
46 housing and renewal, certifying that a white elephant housing project is
47 eligible for white elephant housing project historic rehabilitation
48 credits under this article and low income housing tax credits under
49 article two-A of the public housing law. Such statement shall set forth
50 the taxable year in which the building is placed in service, the dollar
51 amount of rehabilitation credit certified by the commissioner to such
52 building as provided in section 14.16 of this article, the dollar amount
53 of low income housing tax credit allocated by the commissioner of commu-
54 nity housing and renewal to such building as provided in section twen-
55 ty-two of the public housing law, sufficient information to identify
56 each such building and the taxpayer or taxpayers with respect to each
A. 3009--B 32
1 such building, whether the project is a phase II housing project, and
2 such other information as the commissioner, in consultation with the
3 commissioner of taxation and finance and commissioner of community hous-
4 ing and renewal, shall prescribe. Such eligibility statement shall be
5 first issued following the close of the first taxable year, and there-
6 after, to the extent required by the commissioner of taxation and
7 finance, following the close of each of the following four taxable
8 years.
9 2. "Eligible white elephant project" means a white elephant project as
10 defined in section two hundred ten-B, six hundred six or one thousand
11 five hundred eleven of the tax law that qualifies for historic rehabili-
12 tation tax credit.
13 3. "Eligible white elephant housing project" means an eligible white
14 elephant project as defined in this section that also qualifies for low
15 income housing tax credit under article two-A of the public housing law.
16 4. "Phase II housing project" means a white elephant housing project
17 which the commissioner determines (a) is reasonably related to a prior
18 eligible white elephant project or eligible white elephant housing
19 project by the same applicant, (b) such prior project qualified as
20 eligible with less than seventy-five million dollars of qualified reha-
21 bilitation expenditures, and (c) the phase II application has been
22 submitted within five years of the commissioner's previous allowance of
23 credit for the prior eligible white elephant project or eligible white
24 elephant housing project.
25 5. "Qualified rehabilitation expenditures" shall have the same meaning
26 as in section 47 of the internal revenue code.
27 6. "White elephant project" means a project as defined in section two
28 hundred ten-B, six hundred six or one thousand five hundred eleven of
29 the tax law.
30 7. "White elephant housing project" means a "white elephant project"
31 as defined in section two hundred ten-B, six hundred six or one thousand
32 five hundred eleven of the tax law that is also a housing project.
33 8. References in this article to section 47 of the internal revenue
34 code shall mean such section as amended from time to time.
35 § 14.16 Allowance of credit, amount and limitations. A taxpayer
36 subject to tax under article nine-A, twenty-two, or thirty-three of the
37 tax law which owns an interest in one or more eligible white elephant
38 housing projects shall be allowed a credit against such tax for the
39 amount of white elephant housing project historic rehabilitation credit
40 certified by the commissioner to each such structure. If the taxpayer is
41 a partner in a partnership or a shareholder of a New York S corporation,
42 then the credit shall be applied at the entity level, so that the aggre-
43 gate credit allowed to all the partners or shareholders of each such
44 entity in the taxable year does not exceed the credit allowed to the
45 entity. The aggregate amount of tax credits allocated for white elephant
46 projects shall be fifty million dollars each year.
47 § 14.17 Project monitoring. The commissioner shall establish such
48 procedures deemed necessary for monitoring compliance of an eligible
49 white elephant housing project with the provisions of this article, and
50 for notifying the commissioner of taxation and finance of any such
51 noncompliance.
52 § 14.18 Regulations, coordination with federal rehabilitation credit
53 provisions. 1. The commissioner shall promulgate rules and regulations
54 necessary to administer the provisions of this article.
55 2. The provisions of section 47 of the internal revenue code shall
56 apply to the credit under this article, provided however, to the extent
A. 3009--B 33
1 such provisions are inconsistent with this article, the provisions of
2 this article shall control.
3 § 5. Paragraph 2 of subsection (pp) of section 606 of the tax law, as
4 amended by section 4 of part RR of chapter 59 of the laws of 2018, is
5 amended and a new paragraph 13 is added to read as follows:
6 (2) (A) With respect to any particular residence of a taxpayer, the
7 credit allowed under paragraph one of this subsection shall not exceed
8 fifty thousand dollars for taxable years beginning on or after January
9 first, two thousand ten and before January first, two thousand [twenty-
10 five] thirty and twenty-five thousand dollars for taxable years begin-
11 ning on or after January first, two thousand [twenty-five] thirty. In
12 the case of a husband and wife, the amount of the credit shall be
13 divided between them equally or in such other manner as they may both
14 elect. If a taxpayer incurs qualified rehabilitation expenditures in
15 relation to more than one residence in the same year, the total amount
16 of credit allowed under paragraph one of this subsection for all such
17 expenditures shall not exceed fifty thousand dollars for taxable years
18 beginning on or after January first, two thousand ten and before January
19 first, two thousand [twenty-five] thirty and twenty-five thousand
20 dollars for taxable years beginning on or after January first, two thou-
21 sand [twenty-five] thirty.
22 (B) For taxable years beginning on or after January first, two thou-
23 sand ten and before January first, two thousand [twenty-five] thirty, if
24 the amount of credit allowable under this subsection shall exceed the
25 taxpayer's tax for such year, and the taxpayer's New York adjusted gross
26 income for such year does not exceed sixty thousand dollars, the excess
27 shall be treated as an overpayment of tax to be credited or refunded in
28 accordance with the provisions of section six hundred eighty-six of this
29 article, provided, however, that no interest shall be paid thereon. If
30 the taxpayer's New York adjusted gross income for such year exceeds
31 sixty thousand dollars, the excess credit that may be carried over to
32 the following year or years and may be deducted from the taxpayer's tax
33 for such year or years. For taxable years beginning on or after January
34 first, two thousand [twenty-five] thirty, if the amount of credit allow-
35 able under this subsection shall exceed the taxpayer's tax for such
36 year, the excess may be carried over to the following year or years and
37 may be deducted from the taxpayer's tax for such year or years.
38 (13) The commissioner shall report annually, on or before the first
39 day of November, on the aggregate amount of credits claimed and awarded
40 pursuant to this subdivision on returns filed during the preceding
41 calendar year. Such report shall be provided to the governor, temporary
42 president of the senate, speaker of the assembly, chair of the senate
43 finance committee and chair of the assembly ways and means committee,
44 shall be made publicly available on the department's website.
45 § 6. Section 14.05 of the parks, recreation and historic preservation
46 law is amended by adding a new subdivision 5 to read as follows:
47 5. (a) The commissioner shall report annually, on or before the first
48 day of November, on the tax credit projects applied for in accordance
49 with subdivision twenty-six of section two hundred ten-B, subsection
50 (oo) of section six hundred six, and subdivision (y) of section fifteen
51 hundred eleven of the tax law on returns filed during the preceding
52 calendar year. Such report shall be provided to the governor, temporary
53 president of the senate, speaker of the assembly, chair of the senate
54 finance committee and chair of the assembly ways and means committee,
55 shall be made publicly available on the department's website and shall
56 include the following information:
A. 3009--B 34
1 (i) the number and value of tax credit projects applied for during the
2 state fiscal year, organized by municipality and county, and project
3 size;
4 (ii) the number and value of tax credit projects certified by the
5 national park service during the state fiscal year, organized by munici-
6 pality and county, and project size;
7 (iii) the total value of credits certified annually for each of the
8 taxable years beginning on or after January first, two thousand seven to
9 the present, by municipality and county;
10 (iv) the number of housing units before and after rehabilitation;
11 (v) the number of low-moderate housing units before and after rehabil-
12 itation; and
13 (vi) the number of projects certified for both federal and state cred-
14 its, and the number of projects certified for federal credits only.
15 (b) The commissioner shall report annually, on or before the first day
16 of November, on the tax credit projects applied for pursuant to subdivi-
17 sion (pp) of section six hundred six of the tax law on returns filed
18 during the preceding calendar year. Such report shall be provided to the
19 governor, temporary president of the senate, speaker of the assembly,
20 chair of the senate finance committee and chair of the assembly ways and
21 means committee, shall be made publicly available on the office's
22 website and shall include the following information:
23 (i) the number and value of tax credit projects applied for during the
24 state fiscal year, organized by municipality and county, and project
25 size;
26 (ii) the number and value of tax credit projects certified by the
27 office during the state fiscal year, organized by municipality and coun-
28 ty, and project size;
29 (iii) the total value of credits certified annually for each of the
30 taxable years beginning on or after January first, two thousand seven to
31 the present, by municipality and county;
32 (iv) the number of housing units before and after rehabilitation; and
33 (v) the number of projects certified for state credits by the office.
34 § 7. This act shall take effect immediately and shall apply to taxable
35 years beginning on or after January 1, 2024.
36 SUBPART C
37 Section 1. Paragraph 1 of subdivision (a) of section 28 of the tax
38 law, as amended by section 1 of part AAA of chapter 59 of the laws of
39 2019, is amended to read as follows:
40 (1) A taxpayer which is a qualified commercial production company, or
41 which is a sole proprietor of a qualified commercial production company,
42 and which is subject to tax under article nine-A or twenty-two of this
43 chapter, shall be allowed a credit against such tax, pursuant to the
44 provisions referenced in subdivision (c) of this section, to be computed
45 as provided in this section. Provided, however, to be eligible for such
46 credit, at least seventy-five percent of the production costs (excluding
47 post production costs) paid or incurred directly and predominantly in
48 the actual filming or recording of the qualified commercial must be
49 costs incurred in New York state. The tax credit allowed pursuant to
50 this section shall apply to taxable years beginning before January
51 first, two thousand [twenty-four] twenty-nine.
52 § 2. Paragraph (c) of subdivision 23 of section 210-B of the tax law,
53 as amended by chapter 518 of the laws of 2018, is amended to read as
54 follows:
A. 3009--B 35
1 (c) Expiration of credit. The credit allowed under this subdivision
2 shall not be applicable to taxable years beginning on or after January
3 first, two thousand [twenty-four] twenty-nine.
4 § 3. Paragraph 1 of subsection (jj) of section 606 of the tax law, as
5 amended by chapter 518 of the laws of 2018, is amended to read as
6 follows:
7 (1) Allowance of credit. A taxpayer that is eligible pursuant to the
8 provisions of section twenty-eight of this chapter shall be allowed a
9 credit to be computed as provided in such section against the tax
10 imposed by this article. The tax credit allowed pursuant to this section
11 shall apply to taxable years beginning before January first, two thou-
12 sand [twenty-four] twenty-nine.
13 § 4. This act shall take effect immediately.
14 SUBPART D
15 Section 1. Paragraph 1 of subdivision (a) of section 47 of the tax
16 law, as added by section 1 of part I of chapter 59 of the laws of 2022,
17 is amended to read as follows:
18 (1) Allowance of credit. A taxpayer that meets the eligibility
19 requirements of subdivision (b) of this section and is subject to tax
20 under article nine-A or twenty-two of this chapter may be eligible to
21 claim a grade no. 6 heating oil conversion tax credit in the taxable
22 year the conversion is complete. The credit shall be equal to fifty
23 percent of the conversion costs for all of the taxpayer's buildings
24 located at a facility regulated pursuant to section 19-0302 or title ten
25 of article seventeen of the environmental conservation law, paid by such
26 taxpayer on or after January first, two thousand twenty-two and before
27 [July] January first, two thousand [twenty-three] twenty-four. The
28 credit cannot exceed five hundred thousand dollars per facility.
29 § 2. This act shall take effect immediately.
30 SUBPART E
31 Section 1. Section 6 of subpart B of part PP of chapter 59 of the laws
32 of 2021 amending the tax law and the state finance law relating to
33 establishing the New York city musical and theatrical production tax
34 credit and establishing the New York state council on the arts cultural
35 program fund, as amended by section 7 of part F of chapter 59 of the
36 laws of 2022, is amended to read as follows:
37 § 6. This act shall take effect immediately; provided however, that
38 [section] sections one, two, three and four of this act shall apply to
39 taxable years beginning on or after January 1, 2021, and before January
40 1, [2024] 2026 and shall expire and be deemed repealed January 1, [2024]
41 2026; provided further, however that the obligations under paragraph 3
42 of subdivision (g) of section 24-c of the tax law, as added by section
43 one of this act, shall remain in effect until December 31, [2025] 2027.
44 § 2. Paragraph 2 of subdivision (a) of section 24-c of the tax law, as
45 amended by section 1 of part F of chapter 59 of the laws of 2022, is
46 amended to read as follows:
47 (2) The amount of the credit shall be the product (or pro rata share
48 of the product, in the case of a member of a partnership) of twenty-five
49 percent and the sum of the qualified production expenditures paid for
50 during the qualified New York city musical and theatrical production's
51 credit period. Provided however that the amount of the credit cannot
52 exceed three million dollars per qualified New York city musical and
A. 3009--B 36
1 theatrical production for productions whose first performance is prior
2 to January first, two thousand [twenty-three] twenty-five. [For
3 productions whose first performance is on or after January first, two
4 thousand twenty-three, such cap shall decrease to one million five
5 hundred thousand dollars per qualified New York city musical and theat-
6 rical production unless the New York city tourism economy has not suffi-
7 ciently recovered, as determined by the department of economic develop-
8 ment in consultation with the division of the budget. In determining
9 whether the New York city tourism economy has sufficiently recovered,
10 the department of economic development will perform an analysis of key
11 New York city economic indicators which shall include, but not be limit-
12 ed to, hotel occupancy rates and travel metrics. The department of
13 economic development's analysis shall also be informed by the status of
14 any remaining COVID-19 restrictions affecting New York city musical and
15 theatrical productions.] In no event shall a qualified New York city
16 musical and theatrical production be eligible for more than one credit
17 under this program.
18 § 3. Subparagraph (i) of paragraph 5 of subdivision (b) of section
19 24-c of the tax law, as amended by section 2 of part F of chapter 59 of
20 the laws of 2022, is amended to read as follows:
21 (i) "The credit period of a qualified New York city musical and theat-
22 rical production company" is the period starting on the production start
23 date and ending on the earlier of the date the qualified musical and
24 theatrical production has expended sufficient qualified production
25 expenditures to reach its credit cap, September thirtieth, two thousand
26 [twenty-three] twenty-five or the date the qualified musical and theat-
27 rical production closes.
28 § 4. Subdivision (c) of section 24-c of the tax law, as added by
29 section 1 of subpart B of part PP of chapter 59 of the laws of 2021, is
30 amended to read as follows:
31 (c) The credit shall be allowed for the taxable year beginning on or
32 after January first, two thousand twenty-one but before January first,
33 two thousand [twenty-four] twenty-six. A qualified New York city
34 musical and theatrical production company shall claim the credit in the
35 year in which its credit period ends.
36 § 5. Paragraphs 1 and 2 of subdivision (f) of section 24-c of the tax
37 law, paragraph 1 as amended by section 3 of part F of chapter 59 of the
38 laws of 2022, and paragraph 2 as amended by section 4 of part F of chap-
39 ter 59 of the laws of 2022, are amended to read as follows:
40 (1) The aggregate amount of tax credits allowed under this section,
41 subdivision fifty-seven of section two hundred ten-B and subsection
42 (mmm) of section six hundred six of this chapter shall be [two] three
43 hundred million dollars. Such aggregate amount of credits shall be allo-
44 cated by the department of economic development among taxpayers based on
45 the date of first performance of the qualified musical and theatrical
46 production.
47 (2) The commissioner of economic development, after consulting with
48 the commissioner, shall promulgate regulations to establish procedures
49 for the allocation of tax credits as required by this section. Such
50 rules and regulations shall include provisions describing the applica-
51 tion process, the due dates for such applications, the standards that
52 will be used to evaluate the applications, the documentation that will
53 be provided by applicants to substantiate to the department the amount
54 of qualified production expenditures of such applicants, and such other
55 provisions as deemed necessary and appropriate. Notwithstanding any
56 other provisions to the contrary in the state administrative procedure
A. 3009--B 37
1 act, such rules and regulations may be adopted on an emergency basis. In
2 no event shall a qualified New York city musical and theatrical
3 production submit an application for this program after June thirtieth,
4 two thousand [twenty-three] twenty-five.
5 § 6. This act shall take effect immediately; provided that the amend-
6 ments to section 24-c of the tax law made by sections two, three, four
7 and five of this act shall not affect the repeal of such section and
8 shall be deemed repealed therewith.
9 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
10 sion, section or part of this act shall be adjudged by any court of
11 competent jurisdiction to be invalid, such judgment shall not affect,
12 impair, or invalidate the remainder thereof, but shall be confined in
13 its operation to the clause, sentence, paragraph, subdivision, section
14 or part thereof directly involved in the controversy in which such judg-
15 ment shall have been rendered. It is hereby declared to be the intent of
16 the legislature that this act would have been enacted even if such
17 invalid provisions had not been included herein.
18 § 3. This act shall take effect immediately provided, however, that
19 the applicable effective dates of Subparts A through E of this act shall
20 be as specifically set forth in the last section of such Subparts.
21 PART J
22 Section 1. This act enacts into law major components of legislation
23 relating to taxation. Each component is wholly contained within a
24 Subpart identified as Subparts A through C. The effective date for each
25 particular provision contained within such Subpart is set forth in the
26 last section of such Subpart. Any provision in any section contained
27 within a Subpart, including the effective date of the Subpart, which
28 makes reference to a section "of this act", when used in connection with
29 that particular component, shall be deemed to mean and refer to the
30 corresponding section of the Subpart in which it is found. Section three
31 of this act sets forth the general effective date of this act.
32 SUBPART A
33 Section 1. Paragraph (b) of subdivision 38 of section 210-B of the tax
34 law, as amended by section 2 of part L of chapter 59 of the laws of
35 2022, is amended to read as follows:
36 (b) Definitions. The term "accessible by individuals with disabili-
37 ties" shall, for the purposes of this subdivision, refer to a vehicle
38 that complies with federal regulations promulgated pursuant to the Amer-
39 icans with Disabilities Act applicable to vans under twenty-two feet in
40 length, by the federal Department of Transportation, in Code of Federal
41 Regulations, title 49, parts 37 and 38[, and by the federal Architecture
42 and Transportation Barriers Compliance Board, in Code of Federal Regu-
43 lations, title 36, section 1192.23,] and the Federal Motor Vehicle Safe-
44 ty Standards, Code of Federal Regulations, title 49, part [57] 571. The
45 term "electric vehicle" shall, for the purposes of this subdivision,
46 have the same meaning as in section sixty-six-s of the public service
47 law.
48 § 2. Paragraph 2 of subsection (tt) of section 606 of the tax law, as
49 amended by section 4 of part L of chapter 59 of the laws of 2022, is
50 amended to read as follows:
51 (2) Definitions. The term "accessible by individuals with disabili-
52 ties" shall, for the purposes of this subsection, refer to a vehicle
A. 3009--B 38
1 that complies with federal regulations promulgated pursuant to the Amer-
2 icans with Disabilities Act applicable to vans under twenty-two feet in
3 length, by the federal Department of Transportation, in Code of Federal
4 Regulations, title 49, parts 37 and 38[, and by the federal Architecture
5 and Transportation Barriers Compliance Board, in Code of Federal Regu-
6 lations, title 36, section 1192.23,] and the Federal Motor Vehicle Safe-
7 ty Standards, Code of Federal Regulations, title [29] 49, part [57] 571.
8 The term "electric vehicle" shall, for the purposes of this subsection,
9 have the same meaning as in section sixty-six-s of the public service
10 law.
11 § 3. This act shall take effect immediately and shall apply to taxable
12 years beginning on or after January 1, 2023.
13 SUBPART B
14 Section 1. Paragraph 2 of subdivision (b) of section 21 of the tax
15 law, as amended by section 7 of part LL of chapter 58 of the laws of
16 2022, is amended to read as follows:
17 (2) Site preparation costs. The term "site preparation costs" shall
18 mean all amounts properly chargeable to a capital account, which are
19 paid or incurred which are necessary to implement a site's investi-
20 gation, remediation, or qualification for a certificate of completion,
21 and shall include costs of: excavation; demolition; activities undertak-
22 en under the oversight of the department of labor or in accordance with
23 standards established by the department of health to remediate and
24 dispose of regulated materials including asbestos, lead or polychlori-
25 nated biphenyls; environmental consulting; engineering; legal costs;
26 transportation, disposal, treatment or containment of contaminated soil;
27 remediation measures taken to address contaminated soil vapor; cover
28 systems consistent with applicable regulations; physical support of
29 excavation; dewatering and other work to facilitate or enable remedi-
30 ation activities; sheeting, shoring, and other engineering controls
31 required to prevent off-site migration of contamination from the quali-
32 fied site or migrating onto the qualified site; and the costs of fenc-
33 ing, temporary electric wiring, scaffolding, and security facilities
34 until such time as the certificate of completion has been issued. Site
35 preparation shall include all costs paid or incurred within sixty months
36 after the last day of the tax year in which the certificate of
37 completion is issued that are necessary for compliance with the certif-
38 icate of completion or subsequent modifications thereof, or the remedial
39 program defined in such certificate of completion including but not
40 limited to institutional controls, engineering controls, an approved
41 site management plan, and an environmental easement with respect to the
42 qualified site; provided, however, with respect to any qualified site
43 for which [the department of environmental conservation has issued a
44 notice to the taxpayer on or after July first, two thousand fifteen but
45 on or before June twenty-fourth, two thousand twenty-one that its
46 request for participation has been accepted under subdivision six of
47 section 27-1407 of the environmental conservation law] a certificate of
48 completion was issued on or after July first, two thousand fifteen but
49 on or before June twenty-fourth, two thousand twenty-one, site prepara-
50 tion shall include all costs paid or incurred within eighty-four months
51 after the last day of the tax year in which the certificate of
52 completion is issued that are necessary for compliance with the certif-
53 icate of completion or subsequent modifications thereof, or the remedial
54 program defined in such certificate of completion including but not
A. 3009--B 39
1 limited to institutional controls, engineering controls, an approved
2 site management plan, and an environmental easement with respect to the
3 qualified site. Site preparation cost shall not include the costs of
4 foundation systems that exceed the cover system requirements in the
5 regulations applicable to the qualified site.
6 § 2. This act shall take effect immediately and shall be deemed to
7 have been in effect on and after April 9, 2022.
8 SUBPART C
9 Section 1. Paragraphs 1, 2 and 3 of subsection (h) of section 860 of
10 the tax law, paragraph 1 as added by section 1 of part C of chapter 59
11 of the laws of 2021, and paragraph 2 as amended and paragraph 3 as added
12 by section 2 of subpart A of part MM of chapter 59 of the laws of 2022,
13 are amended to read as follows:
14 (1) In the case of an electing partnership, the sum of (i) all items
15 of income, gain, loss, or deduction derived from or connected with New
16 York sources to the extent they are included in the taxable income of a
17 nonresident partner subject to tax under article twenty-two, under para-
18 graph one of subsection (a) of section six hundred thirty-two of this
19 chapter; [and] (ii) all items of income, gain, loss, or deduction to the
20 extent they are included in the taxable income of a resident partner
21 subject to tax under article twenty-two of this chapter; and (iii) all
22 pass-through entity taxes including taxes paid under this article to New
23 York, taxes paid under article twenty-four-B of this chapter to the city
24 of New York, and taxes paid to other jurisdictions that are substantial-
25 ly similar to the taxes paid under this article, to the extent that, for
26 federal income tax purposes, the taxes are paid and deducted in the
27 taxable year, and are included in the taxable income of the partners
28 subject to tax under article twenty-two of this chapter for the taxable
29 year.
30 (2) In the case of an electing standard S corporation, the sum of (i)
31 all items of income, gain, loss, or deduction derived from or connected
32 with New York sources to the extent they would be included under para-
33 graph two of subsection (a) of section six hundred thirty-two of this
34 chapter in the taxable income of a shareholder subject to tax under
35 article twenty-two of this chapter; and (ii) all pass-through entity
36 taxes including taxes paid under this article to New York, taxes paid
37 under article twenty-four-B of this chapter to the city of New York, and
38 taxes paid to other jurisdictions that are substantially similar to the
39 taxes paid under this article, to the extent that, for federal income
40 tax purposes, the taxes are paid and deducted in the taxable year, and
41 are included in the taxable income of the shareholders subject to tax
42 under article twenty-two of this chapter for the taxable year.
43 (3) In the case of an electing resident S corporation, the sum of (i)
44 all items of income, gain, loss, or deduction to the extent they are
45 included in the taxable income of a shareholder subject to tax under
46 article twenty-two of this chapter; and (ii) all pass-through entity
47 taxes including taxes paid under this article to New York, taxes paid
48 under article twenty-four-B of this chapter to the city of New York, and
49 taxes paid to other jurisdictions that are substantially similar to
50 taxes paid under this article, to the extent that, for federal income
51 tax purposes, the taxes are paid and deducted in the taxable year, and
52 are included in the taxable income of the shareholders subject to tax
53 under article twenty-two of this chapter for the taxable year.
A. 3009--B 40
1 § 2. Subsection (c) of section 861 of the tax law, as amended by
2 section 3 of subpart A of part MM of chapter 59 of the laws of 2022, is
3 amended to read as follows:
4 (c) The annual election must be made [by] on or before the due date of
5 the first estimated payment under section eight hundred sixty-four of
6 this article and will take effect for the current taxable year. Only one
7 election may be made during each calendar year. An election made under
8 this section is irrevocable [as of] after the due date.
9 § 3. Paragraphs 1 and 2 of subsection (b) of section 867 of the tax
10 law, as added by section 1 of subpart B of part MM of chapter 59 of the
11 laws of 2022, are amended to read as follows:
12 (1) In the case of an electing city partnership, the sum of (i) all
13 items of income, gain, loss, or deduction to the extent they are
14 included in the city taxable income of a partner or member of the elect-
15 ing city partnership who is a city taxpayer; and (ii) all pass-through
16 entity taxes including taxes paid under article twenty-four-A of this
17 chapter to New York, taxes paid under this article to the city of New
18 York, and taxes paid to other jurisdictions that are substantially simi-
19 lar to taxes paid under article twenty-four-A of this chapter, to the
20 extent that, for federal income tax purposes, the taxes were paid and
21 deducted in the taxable year, and they are included in the taxable
22 income of the partners subject to tax under article twenty-two of this
23 chapter for the taxable year.
24 (2) In the case of an electing city resident S corporation, the sum of
25 (i) all items of income, gain, loss, or deduction to the extent they
26 would be included in the city taxable income of a shareholder of the
27 electing city resident S corporation who is a city taxpayer; and (ii)
28 all pass-through entity taxes including taxes paid under article twen-
29 ty-four-A of this chapter to New York, taxes paid under this article to
30 the city of New York, and taxes paid to other jurisdictions that are
31 substantially similar to taxes paid under article twenty-four-A of this
32 chapter, to the extent that, for federal income tax purposes, the taxes
33 were paid and deducted in the taxable year, and they are included in the
34 taxable income of the shareholders subject to tax under article twenty-
35 two of this chapter for the taxable year.
36 § 4. Subsection (e) of section 867 of the tax law, as added by section
37 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended
38 to read as follows:
39 (e) City taxpayer. A city taxpayer means [a city resident individual
40 subject to the tax imposed pursuant to the authority of article thirty
41 of this chapter]:
42 (1) a city resident individual, as defined in subsection (a) of
43 section thirteen hundred five of this chapter; and
44 (2) a city resident trust or estate, as defined in subsection (c) of
45 section thirteen hundred five of this chapter.
46 § 5. Subsection (i) of section 867 of the tax law, as added by section
47 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended
48 to read as follows:
49 (i) Eligible city partnership. Eligible city partnership means any
50 partnership as provided for in section 7701(a)(2) of the Internal Reven-
51 ue Code that has a filing requirement under paragraph one of subsection
52 (c) of section six hundred fifty-eight of this chapter other than a
53 publicly traded partnership as defined in section 7704 of the Internal
54 Revenue Code, where at least one partner or member is a city [resident
55 individual] taxpayer. An eligible city partnership includes any entity,
56 including a limited liability company, treated as a partnership for
A. 3009--B 41
1 federal income tax purposes that otherwise meets the requirements of
2 this subsection.
3 § 6. Subsection (j) of section 867 of the tax law, as added by section
4 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended
5 to read as follows:
6 (j) Eligible city resident S corporation. Eligible city resident S
7 corporation means any New York S corporation as defined pursuant to
8 subdivision one-A of section two hundred eight of this chapter that is
9 subject to tax under section two hundred nine of this chapter that has
10 only city [resident individual] taxpayer shareholders. An eligible city
11 resident S corporation includes any entity, including a limited liabil-
12 ity company, treated as an S corporation for federal income tax purposes
13 that otherwise meets the requirements of this subsection.
14 § 7. Subsection (c) of section 868 of the tax law, as added by section
15 1 of subpart B of part MM of chapter 59 of the laws of 2022, is amended
16 to read as follows:
17 (c) The annual election to be taxed pursuant to this article must be
18 made [by] on or before the due date of the first estimated payment under
19 section eight hundred sixty-four of this chapter and will take effect
20 for the current taxable year. Only one election to be taxed pursuant to
21 this article may be made during each calendar year. An election made
22 under this section is irrevocable [as of] after such due date. To the
23 extent an election made under section eight hundred sixty-one of this
24 chapter is revoked or otherwise invalidated an election made under this
25 section is automatically invalidated.
26 § 8. This act shall take effect immediately, provided, however, that:
27 (i) sections one and two of this act shall be deemed to have been in
28 full force and effect on and after the effective date of part C of chap-
29 ter 59 of the laws of 2021; (ii) sections three and seven of this act
30 shall be deemed to have been in full force and effect on and after the
31 effective date of section 1 of subpart B of part MM of chapter 59 of the
32 laws of 2022; and (iii) sections four, five and six of this act shall
33 apply to taxable years beginning on or after January 1, 2023.
34 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
35 sion, section or part of this act shall be adjudged by any court of
36 competent jurisdiction to be invalid, such judgment shall not affect,
37 impair, or invalidate the remainder thereof, but shall be confined in
38 its operation to the clause, sentence, paragraph, subdivision, section
39 or part thereof directly involved in the controversy in which such judg-
40 ment shall have been rendered. It is hereby declared to be the intent of
41 the legislature that this act would have been enacted even if such
42 invalid provisions had not been included herein.
43 § 3. This act shall take effect immediately; provided, however, that
44 the applicable effective dates of Subparts A through C of this act shall
45 be as specifically set forth in the last section of such Subparts.
46 PART K
47 Section 1. Paragraphs (a) and (d) of subdivision 1 of section 467 of
48 the real property tax law, as amended by section 1 of part B of chapter
49 686 of the laws of 2022, are amended to read as follows:
50 (a) Real property owned by one or more persons, each of whom is
51 sixty-five years of age or over, or real property owned by [husband and
52 wife] a married couple or by siblings, one of whom is sixty-five years
53 of age or over, or real property owned by one or more persons, some of
54 whom qualify under this section and the others of whom qualify under
A. 3009--B 42
1 section four hundred fifty-nine-c of this title, shall be exempt from
2 payments in lieu of taxes (PILOT) to the battery park city authority or
3 from taxation by any municipal corporation in which located to the
4 extent of fifty per centum of the assessed valuation thereof, provided
5 the governing board of such municipality, after public hearing, adopts a
6 local law, ordinance or resolution providing therefor. For the purposes
7 of this section, [sibling shall mean a brother or a sister, whether
8 related] the term "sibling" shall include persons whose relationship as
9 siblings has been established through either half blood, whole blood or
10 adoption.
11 (d) The real property tax or PILOT exemption on real property owned by
12 [husband and wife] a married couple, one of whom is sixty-five years of
13 age or over, once granted, shall not be rescinded by any municipal
14 corporation solely because of the death of the older spouse so long as
15 the surviving spouse is at least sixty-two years of age.
16 § 2. Subdivision 3 of section 467 of the real property tax law, as
17 amended by section 1 of part B of chapter 686 of the laws of 2022, para-
18 graph (a) as separately amended by chapter 488 of the laws of 2022, is
19 amended to read as follows:
20 3. No exemption shall be granted:
21 (a) (i) if the income of the owner or the combined income of the
22 owners of the property for the applicable income tax year [immediately
23 preceding the date of making application for exemption] exceeds the sum
24 of three thousand dollars, or such other sum not less than three thou-
25 sand dollars nor more than [twenty-six thousand dollars beginning July
26 first, two thousand six, twenty-seven thousand dollars beginning July
27 first, two thousand seven, twenty-eight thousand dollars beginning July
28 first, two thousand eight, twenty-nine thousand dollars beginning July
29 first, two thousand nine, fifty thousand dollars beginning July first,
30 two thousand twenty-two, and in a city with a population of one million
31 or more fifty thousand dollars beginning July first, two thousand seven-
32 teen,] fifty thousand dollars, as may be provided by the local law,
33 ordinance or resolution adopted pursuant to this section.
34 (ii) Where the taxable status date is on or before April fourteenth,
35 the applicable income tax year shall [mean] be the twelve-month period
36 for which the owner or owners filed a federal personal income tax return
37 for the year before the income tax year immediately preceding the date
38 of application and where the taxable status date is on or after April
39 fifteenth, the applicable income tax year shall [mean] be the twelve-
40 month period for which the owner or owners filed a federal personal
41 income tax return for the income tax year immediately preceding the date
42 of application.
43 (iii) Where title is vested in [either the husband or the wife, their]
44 a married person, the combined income of such person and such person's
45 spouse may not exceed such sum, except where [the husband or wife, or
46 ex-husband or ex-wife] one-spouse or ex-spouse is absent from the prop-
47 erty as provided in subparagraph (ii) of paragraph (d) of this subdivi-
48 sion, then only the income of the spouse or ex-spouse residing on the
49 property shall be considered and may not exceed such sum. [Such income
50 shall include social security and retirement benefits, interest, divi-
51 dends, total gain from the sale or exchange of a capital asset which may
52 be offset by a loss from the sale or exchange of a capital asset in the
53 same income tax year, net rental income, salary or earnings, and net
54 income from self-employment, but shall not include a return of capital,
55 gifts, inheritances, payments made to individuals because of their
56 status as victims of Nazi persecution, as defined in P.L. 103-286 or
A. 3009--B 43
1 monies earned through employment in the federal foster grandparent
2 program and any such income shall be offset by all medical and
3 prescription drug expenses actually paid which were not reimbursed or
4 paid for by insurance, if the governing board of a municipality, after a
5 public hearing, adopts a local law, ordinance or resolution providing
6 therefor. In addition, an exchange of an annuity for an annuity
7 contract, which resulted in non-taxable gain, as determined in section
8 one thousand thirty-five of the internal revenue code, shall be excluded
9 from such income. Provided that such exclusion shall be based on satis-
10 factory proof that such an exchange was solely an exchange of an annuity
11 for an annuity contract that resulted in a non-taxable transfer deter-
12 mined by such section of the internal revenue code. Furthermore, such
13 income shall not include the proceeds of a reverse mortgage, as author-
14 ized by section six-h of the banking law, and sections two hundred
15 eighty and two hundred eighty-a of the real property law; provided,
16 however, that monies used to repay a reverse mortgage may not be
17 deducted from income, and provided additionally that any interest or
18 dividends realized from the investment of reverse mortgage proceeds
19 shall be considered income. The provisions of this paragraph notwith-
20 standing, such income shall not include veterans disability compen-
21 sation, as defined in Title 38 of the United States Code provided the
22 governing board of such municipality, after public hearing, adopts a
23 local law, ordinance or resolution providing therefor. In computing net
24 rental income and net income from self-employment no depreciation
25 deduction shall be allowed for the exhaustion, wear and tear of real or
26 personal property held for the production of income;]
27 (iv) The term "income" as used herein shall mean the "adjusted gross
28 income" for federal income tax purposes as reported on the applicant's
29 federal or state income tax return for the applicable income tax year,
30 subject to any subsequent amendments or revisions, plus any social secu-
31 rity benefits not included in such adjusted gross income, minus any
32 distributions, to the extent included in federal adjusted gross income,
33 received from an individual retirement account and an individual retire-
34 ment annuity; provided that if no such return was filed for the applica-
35 ble income tax year, the applicant's income shall be determined based on
36 the amounts that would have so been reported if such a return had been
37 filed; and provided further, that the governing board of a municipality
38 may adopt a local law, ordinance or resolution providing that any social
39 security benefits that were not included in the applicant's adjusted
40 gross income shall not be considered income for purposes of this
41 section;
42 (b) unless the owner shall have held an exemption under this section
43 for [his] the owner's previous residence or unless the title of the
44 property shall have been vested in the owner or one of the owners of the
45 property for at least twelve consecutive months prior to the date of
46 making application for exemption, provided, however, that in the event
47 of the death of [either a husband or wife] a married person in whose
48 name title of the property shall have been vested at the time of death
49 and then becomes vested solely in [the survivor] such person's surviving
50 spouse by virtue of devise by or descent from the deceased [husband or
51 wife] spouse, the time of ownership of the property by the deceased
52 [husband or wife] spouse shall be deemed also a time of ownership by the
53 [survivor] surviving spouse and such ownership shall be deemed contin-
54 uous for the purposes of computing such period of twelve consecutive
55 months. In the event of a transfer by [either a husband or wife to the
56 other] a married person to such person's spouse of all or part of the
A. 3009--B 44
1 title to the property, the time of ownership of the property by the
2 transferor spouse shall be deemed also a time of ownership by the trans-
3 feree spouse and such ownership shall be deemed continuous for the
4 purposes of computing such period of twelve consecutive months. Where
5 property of the owner or owners has been acquired to replace property
6 formerly owned by such owner or owners and taken by eminent domain or
7 other involuntary proceeding, except a tax sale, the period of ownership
8 of the former property shall be combined with the period of ownership of
9 the property for which application is made for exemption and such peri-
10 ods of ownership shall be deemed to be consecutive for purposes of this
11 section. Where a residence is sold and replaced with another within one
12 year and both residences are within the state, the period of ownership
13 of both properties shall be deemed consecutive for purposes of the
14 exemption from taxation by a municipality within the state granting such
15 exemption. Where the owner or owners transfer title to property which as
16 of the date of transfer was exempt from taxation or PILOT under the
17 provisions of this section, the reacquisition of title by such owner or
18 owners within nine months of the date of transfer shall be deemed to
19 satisfy the requirement of this paragraph that the title of the property
20 shall have been vested in the owner or one of the owners for such period
21 of twelve consecutive months. Where, upon or subsequent to the death of
22 an owner or owners, title to property which as of the date of such death
23 was exempt from taxation or PILOT under such provisions, becomes vested,
24 by virtue of devise or descent from the deceased owner or owners, or by
25 transfer by any other means within nine months after such death, solely
26 in a person or persons who, at the time of such death, maintained such
27 property as a primary residence, the requirement of this paragraph that
28 the title of the property shall have been vested in the owner or one of
29 the owners for such period of twelve consecutive months shall be deemed
30 satisfied;
31 (c) unless the property is used exclusively for residential purposes,
32 provided, however, that in the event any portion of such property is not
33 so used exclusively for residential purposes but is used for other
34 purposes, such portion shall be subject to taxation or PILOT and the
35 remaining portion only shall be entitled to the exemption provided by
36 this section;
37 (d) unless the real property is the legal residence of and is occupied
38 in whole or in part by the owner or by all of the owners of the proper-
39 ty: except where, (i) an owner is absent from the residence while
40 receiving health-related care as an inpatient of a residential health
41 care facility, as defined in section twenty-eight hundred one of the
42 public health law, provided that any income accruing to that person
43 shall only be income only to the extent that it exceeds the amount paid
44 by such owner, spouse, or co-owner for care in the facility, and
45 provided further, that during such confinement such property is not
46 occupied by other than the spouse or co-owner of such owner; or, (ii)
47 the real property is owned by a [husband and/or wife, or an ex-husband
48 and/or an ex-wife, and either] married person or a married couple, or by
49 a formerly married person or a formerly married couple, and one spouse
50 or ex-spouse is absent from the residence due to divorce, legal sepa-
51 ration or abandonment and all other provisions of this section are met
52 provided that where an exemption was previously granted when both
53 resided on the property, then the person remaining on the real property
54 shall be sixty-two years of age or over.
A. 3009--B 45
1 § 3. Paragraph (a) of subdivision 3-a of section 467 of the real prop-
2 erty tax law, as amended by section 1 of part B of chapter 686 of the
3 laws of 2022, is amended to read as follows:
4 (a) For the purposes of this section, title to that portion of real
5 property owned by a cooperative apartment corporation in which a
6 tenant-stockholder of such corporation resides and which is represented
7 by [his] the tenant-stockholder's share or shares of stock in such
8 corporation as determined by its or their proportional relationship to
9 the total outstanding stock of the corporation, including that owned by
10 the corporation, shall be deemed to be vested in such tenant-stockhold-
11 er.
12 § 4. Subdivisions 5 and 5-a of section 467 of the real property tax
13 law, as amended by section 1 of part B of chapter 686 of the laws of
14 2022, are amended to read as follows:
15 5. Application for such exemption must be made by the owner, or all of
16 the owners of the property, on forms prescribed by the commissioner to
17 be furnished by the appropriate assessing authority and shall furnish
18 the information and be executed in the manner required or prescribed in
19 such forms, and shall be filed in such assessor's office on or before
20 the appropriate taxable status date. Notwithstanding any other provision
21 of law, at the option of the municipal corporation, any person otherwise
22 qualifying under this section shall not be denied the exemption under
23 this section if [he] such person becomes sixty-five years of age after
24 the appropriate taxable status date and on or before December thirty-
25 first of the same year.
26 5-a. Any local law or ordinance adopted pursuant to paragraph (a) of
27 subdivision one of this section may be amended, or a local law or ordi-
28 nance may be adopted to provide, notwithstanding subdivision five of
29 this section, that an application for such exemption may be filed with
30 the assessor after the appropriate taxable status date but not later
31 than the last date on which a petition with respect to complaints of
32 assessment may be filed, where failure to file a timely application
33 resulted from: (a) a death of the applicant's spouse, child, parent[,
34 brother or sister] or sibling; or (b) an illness of the applicant or of
35 the applicant's spouse, child, parent[, brother or sister] or sibling,
36 which actually prevents the applicant from filing on a timely basis, as
37 certified by a licensed physician. The assessor shall approve or deny
38 such application as if it had been filed on or before the taxable status
39 date.
40 § 5. Subdivision 6 of section 467 of the real property tax law, as
41 amended by section 1 of part B of chapter 686 of the laws of 2022, is
42 amended to read as follows:
43 6. (a) At least sixty days prior to the appropriate taxable status
44 date, the assessing authority shall mail to each person who was granted
45 exemption pursuant to this section on the latest completed assessment
46 roll an application form and a notice that such application must be
47 filed on or before the taxable status date and be approved in order for
48 the exemption to be granted. The assessing authority shall, within three
49 days of the completion and filing of the tentative assessment roll,
50 notify by mail any applicant [who has included with his] whose applica-
51 tion includes at least one self-addressed, pre-paid envelope, of the
52 approval or denial of the application; provided, however, that the
53 assessing authority shall, upon the receipt and filing of the applica-
54 tion, send by mail notification of receipt to any applicant who has
55 included two of such envelopes with the application. Where an applicant
56 is entitled to a notice of denial pursuant to this subdivision, such
A. 3009--B 46
1 notice shall be on a form prescribed by the commissioner and shall state
2 the reasons for such denial and shall further state that the applicant
3 may have such determination reviewed in the manner provided by law.
4 Failure to mail any such application form or notices or the failure of
5 such person to receive any of the same shall not prevent the levy,
6 collection and enforcement of the payment of the taxes or PILOT on prop-
7 erty owned by such person.
8 (b) Except in cities of one million or more, any person who has been
9 granted exemption pursuant to this section on five (5) consecutive
10 completed assessment rolls, including any years when the exemption was
11 granted to a property owned by [a husband and/or wife] a married person
12 or a married couple while both spouses resided in such property, shall
13 not be subject to the requirements set forth in paragraph (a) of this
14 subdivision provided the governing board of the municipality in which
15 said property is situated after public hearing adopts a local law, ordi-
16 nance or resolution providing therefor however said person shall be
17 mailed an application form and a notice [informing him of his] setting
18 forth such person's rights. Such exemption shall be automatically grant-
19 ed on each subsequent assessment roll. Provided, however, that when tax
20 payment is made by such person a sworn affidavit must be included with
21 such payment which shall state that such person continues to be eligible
22 for such exemption. Such affidavit shall be on a form prescribed by the
23 commissioner. If such affidavit is not included with the tax payment,
24 the collecting officer shall proceed pursuant to section five hundred
25 fifty-one-a of this chapter.
26 (c) In cities of one million or more, any person who has been granted
27 exemption pursuant to this section shall file the completed application
28 with the appropriate assessing authority every twenty-four months from
29 the date such exemption was granted without the necessity of having been
30 granted exemption pursuant to this section on five (5) consecutive
31 completed assessment rolls including any years when the exemption was
32 granted to a property owned by [a husband and/or wife] a married person
33 or a married couple while both spouses resided in such property.
34 § 6. Subdivision 8-a of section 467 of the real property tax law, as
35 amended by section 1 of part B of chapter 686 of the laws of 2022, is
36 amended to read as follows:
37 8-a. Notwithstanding any provision of law to the contrary, the local
38 governing body of a municipal corporation that is authorized to adopt a
39 local law pursuant to subdivision eight of this section is further
40 authorized to adopt a local law providing that where a renewal applica-
41 tion for the exemption authorized by this section has not been filed on
42 or before the taxable status date, and the owner believes that good
43 cause existed for the failure to file the renewal application by that
44 date, the owner may, no later than the last day for paying taxes or
45 PILOT without incurring interest or penalty, submit a written request to
46 the assessor asking [him or her] the assessor to extend the filing dead-
47 line and grant the exemption. Such request shall contain an explanation
48 of why the deadline was missed, and shall be accompanied by a renewal
49 application, reflecting the facts and circumstances as they existed on
50 the taxable status date. The assessor may extend the filing deadline and
51 grant the exemption if [he or she] the assessor is satisfied that (i)
52 good cause existed for the failure to file the renewal application by
53 the taxable status date, and that (ii) the applicant is otherwise enti-
54 tled to the exemption. The assessor shall make a determination and mail
55 notice [of his or her determination] thereof to the owner. If the deter-
56 mination states that the assessor has granted the exemption, [he or she]
A. 3009--B 47
1 the assessor shall thereupon be authorized and directed to correct the
2 assessment roll accordingly, or, if another person has custody or
3 control of the assessment roll, to direct that person to make the appro-
4 priate corrections. If the correction is not made before taxes are
5 levied, the failure to take the exemption into account in the computa-
6 tion of the tax shall be deemed a "clerical error" for purposes of title
7 three of article five of this chapter, and shall be corrected according-
8 ly.
9 § 7. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 2
10 of section 459-c of the real property tax law, as amended by section 2
11 of part B of chapter 686 of the laws of 2022, are amended to read as
12 follows:
13 (a) Real property owned by one or more persons with disabilities, or
14 real property owned by a [husband, wife] married couple, or both, or by
15 siblings, at least one of whom has a disability, or real property owned
16 by one or more persons, some of whom qualify under this section and the
17 others of whom qualify under section four hundred sixty-seven of this
18 title, and whose income, as hereafter defined, is limited by reason of
19 such disability, shall be exempt from payments in lieu of taxes (PILOT)
20 to the battery city park authority or from taxation by any municipal
21 corporation in which located to the extent of fifty per centum of the
22 assessed valuation thereof as hereinafter provided. After a public hear-
23 ing, the governing board of a county, city, town or village may adopt a
24 local law and a school district, other than a school district subject to
25 article fifty-two of the education law, may adopt a resolution to grant
26 the exemption authorized pursuant to this section.
27 (a) ["sibling" shall mean a brother or a sister, whether related] the
28 term "sibling" shall include persons whose relationship as siblings has
29 been established through either half blood, whole blood or adoption.
30 § 8. Paragraph (a) of subdivision 5 of section 459-c of the real prop-
31 erty tax law, as separately amended by section 2 of part B of chapter
32 686 and chapter 488 of the laws of 2022, is amended to read as follows:
33 (a) (i) if the income of the owner or the combined income of the
34 owners of the property for the income tax year [immediately preceding
35 the date of making application for exemption] exceeds the sum of three
36 thousand dollars, or such other sum not less than three thousand dollars
37 nor more than [twenty-six thousand dollars beginning July first, two
38 thousand six, twenty-seven thousand dollars beginning July first, two
39 thousand seven, twenty-eight thousand dollars beginning July first, two
40 thousand eight, twenty-nine thousand dollars beginning July first, two
41 thousand nine, and fifty thousand dollars beginning July first, two
42 thousand twenty-two, and in a city with a population of one million or
43 more fifty thousand dollars beginning July first, two thousand seven-
44 teen] fifty thousand dollars, as may be provided by the local law or
45 resolution adopted pursuant to this section. [Income]
46 (ii) the applicable income tax year shall [mean] be the twelve month
47 period for which the owner or owners filed a federal personal income tax
48 return, or if no such return is filed, the calendar year.
49 (iii) Where title is vested in [either the husband or the wife, their]
50 a married person, the combined income of such person and such person's
51 spouse may not exceed such sum, except where [the husband or wife, or
52 ex-husband or ex-wife] one-spouse or ex-spouse is absent from the prop-
53 erty due to divorce, legal separation or abandonment, then only the
54 income of the spouse or ex-spouse residing on the property shall be
55 considered and may not exceed such sum. [Such income shall include
56 social security and retirement benefits, interest, dividends, total gain
A. 3009--B 48
1 from the sale or exchange of a capital asset which may be offset by a
2 loss from the sale or exchange of a capital asset in the same income tax
3 year, net rental income, salary or earnings, and net income from self-
4 employment, but shall not include a return of capital, gifts, inheri-
5 tances or monies earned through employment in the federal foster grand-
6 parent program and any such income shall be offset by all medical and
7 prescription drug expenses actually paid which were not reimbursed or
8 paid for by insurance, if the governing board of a municipality, after a
9 public hearing, adopts a local law or resolution providing therefor. In
10 computing net rental income and net income from self-employment no
11 depreciation deduction shall be allowed for the exhaustion, wear and
12 tear of real or personal property held for the production of income;]
13 (iv) The term "income" as used herein shall mean the "adjusted gross
14 income" for federal income tax purposes as reported on the applicant's
15 federal or state income tax return for the applicable income tax year,
16 subject to any subsequent amendments or revisions, plus any social secu-
17 rity benefits not included in such adjusted gross income, minus any
18 distributions, to the extent included in federal adjusted gross income,
19 received from an individual retirement account and an individual retire-
20 ment annuity; provided that if no such return was filed for the applica-
21 ble income tax year, the applicant's income shall be determined based on
22 the amounts that would have so been reported if such a return had been
23 filed; and provided further, that the governing board of a municipality
24 may adopt a local law, ordinance or resolution providing that any social
25 security benefits that were not included in the applicant's adjusted
26 gross income shall not be considered income for purposes of this
27 section;
28 § 9. Paragraph (a) of subdivision 6 of section 459-c of the real prop-
29 erty tax law, as amended by section 2 of part B of chapter 686 of the
30 laws of 2022, is amended to read as follows:
31 (a) If so provided in the local law or resolution adopted pursuant to
32 this section, title to that portion of real property owned by a cooper-
33 ative apartment corporation in which a tenant-stockholder of such corpo-
34 ration resides, and which is represented by [his] the tenant-
35 stockholder's share or shares of stock in such corporation as determined
36 by its or their proportional relationship to the total outstanding stock
37 of the corporation, including that owned by the corporation, shall be
38 deemed to be vested in such tenant-stockholder.
39 § 10. This act shall take effect immediately and shall apply to all
40 applications for exemptions pursuant to section 467 and section 459-c of
41 the real property tax law on assessment rolls that are based on taxable
42 status dates occurring on and after October 1, 2023.
43 PART L
44 Section 1. Section 2 of chapter 540 of the laws of 1992, amending the
45 real property tax law relating to oil and gas charges, as amended by
46 section 1 of part C of chapter 59 of the laws of 2020, is amended to
47 read as follows:
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, 1992; provided,
50 however that any charges imposed by section 593 of the real property tax
51 law as added by section one of this act shall first be due for values
52 for assessment rolls with tentative completion dates after July 1, 1992,
53 and provided further, that this act shall remain in full force and
54 effect until March 31, [2024] 2027, at which time section 593 of the
A. 3009--B 49
1 real property tax law as added by section one of this act shall be
2 repealed.
3 § 2. This act shall take effect immediately.
4 PART M
5 Intentionally Omitted
6 PART N
7 Section 1. Section 575-b of the real property tax law is amended by
8 adding a new subdivision 1-a to read as follows:
9 1-a. Notwithstanding any provision of law to the contrary, the solar
10 or wind energy system appraisal model authorized by this section shall
11 be identified, formulated, adopted, published, and updated periodically
12 in the manner provided in this section without regard to the provisions
13 of article two of the state administrative procedure act.
14 § 2. Subparagraph (viii) of paragraph (b) of subdivision 2 of section
15 102 of the state administrative procedure act, as amended by chapter 74
16 of the laws of 1987, is amended to read as follows:
17 (viii) appraisal models, discount rates, state equalization rates,
18 class ratios, special equalization rates and special equalization ratios
19 established pursuant to the real property tax law;
20 § 3. No assessing unit that failed to use the appraisal model pursu-
21 ant to section 575-b of the real property tax law in 2022 shall be held
22 liable for failing to use such model in 2022. Within fifteen days from
23 the effective date of this act, the commissioner of taxation and finance
24 may readopt the 2022 appraisal model or models and discount rates for
25 use in 2023, without additional consultation with the New York state
26 energy research and development authority or the New York state asses-
27 sors association, and without soliciting or considering additional
28 public comments.
29 § 4. This act shall take effect immediately and shall be deemed to
30 have been in full force and effect on and after the effective date of
31 part X of chapter 59 of the laws of 2021.
32 PART O
33 Intentionally Omitted
34 PART P
35 Section 1. Section 1299-C of the tax law is REPEALED.
36 § 2. Notwithstanding any provision of law to the contrary, there shall
37 be no refund of any registration fees paid prior to the effective date
38 of this act.
39 § 3. This act shall take effect immediately.
40 PART Q
41 Section 1. Section 285-a of the tax law is amended by adding a new
42 subdivision 4 to read as follow:
43 4. Upon each sale of motor fuel, other than a sale that is otherwise
44 exempt under this article, the distributor must charge the tax imposed
A. 3009--B 50
1 by this article to the purchaser on each gallon sold. If the taxes
2 imposed by this article have not already been assumed or paid by a
3 distributor on any quantity of such fuel for any reason, including, but
4 not limited to, the expansion of such fuel as a result of temperature
5 fluctuation, the distributor must remit such taxes to the commissioner
6 on the return for the period in which such sale was made.
7 § 2. Section 285-b of the tax law is amended by adding a new subdivi-
8 sion 5 to read as follows:
9 5. Upon each sale of Diesel motor fuel, other than a sale that is
10 otherwise exempt under this article, the distributor must charge the tax
11 imposed by this article to the purchaser on each gallon sold. If the
12 taxes imposed by this article have not already been assumed or paid by a
13 distributor on any quantity of such fuel for any reason, including, but
14 not limited to, the expansion of such fuel as a result of temperature
15 fluctuation, the distributor must remit such taxes to the commissioner
16 on the return for the period in which such sale was made.
17 § 3. Section 308 of the tax law is amended by adding a new subdivision
18 (j) to read as follows:
19 (j) Every petroleum business subject to tax under this article that is
20 also a distributor, as defined in section two hundred eighty-two of this
21 chapter, must charge the tax imposed by this article to the purchaser on
22 each gallon sold, unless otherwise exempt. If the taxes imposed by this
23 article have not already been assumed or paid by such petroleum business
24 on any quantity of such fuel for any reason, including, but not limited
25 to, the expansion of such fuel as a result of temperature fluctuation,
26 such petroleum business must remit such taxes to the commissioner on the
27 return for the period in which such sale was made.
28 § 4. Section 1102 of the tax law is amended by adding a new subdivi-
29 sion (g) to read as follows:
30 (g) The tax imposed by this section must be charged on the sale, other
31 than a retail sale or a sale that is otherwise exempt under this arti-
32 cle, of each gallon of motor fuel or Diesel motor fuel. If the taxes
33 imposed by this section have not already been assumed or paid by the
34 distributor on any quantity of such fuel for any reason, including, but
35 not limited to, the expansion of such fuel as a result of temperature
36 fluctuation, the distributor must remit such taxes to the commissioner
37 on the return for the period in which such sale was made.
38 § 5. This act shall take effect on September 1, 2023 and shall apply
39 to sales of motor fuel and Diesel motor fuel on or after such date.
40 PART R
41 Section 1. Subparagraph (B) of paragraph 1 of subdivision (a) of
42 section 1115 of the tax law, as amended by section 1 of part GG of chap-
43 ter 59 of the laws of 2022, is amended to read as follows:
44 (B) Until May [thirty first] thirty-first, two thousand [twenty-three]
45 twenty-four, the food and drink excluded from the exemption provided by
46 clauses (i), (ii) and (iii) of subparagraph (A) of this paragraph, and
47 bottled water, shall be exempt under this subparagraph: (i) when sold
48 for one dollar and fifty cents or less through any vending machine that
49 accepts coin or currency only; or (ii) when sold for two dollars or less
50 through any vending machine that accepts any form of payment other than
51 coin or currency, whether or not it also accepts coin or currency.
52 § 2. This act shall take effect June 1, 2023.
53 PART S
A. 3009--B 51
1 Section 1. Subdivision 1 of section 471 of the tax law, as amended by
2 section 1 of part D of chapter 134 of the laws of 2010, is amended to
3 read as follows:
4 1. There is hereby imposed and shall be paid a tax on all cigarettes
5 possessed in the state by any person for sale, except that no tax shall
6 be imposed on cigarettes sold under such circumstances that this state
7 is without power to impose such tax, including sales to qualified Indi-
8 ans for their own use and consumption on their nations' or tribes' qual-
9 ified reservation, or sold to the United States or sold to or by a
10 voluntary unincorporated organization of the armed forces of the United
11 States operating a place for the sale of goods pursuant to regulations
12 promulgated by the appropriate executive agency of the United States, to
13 the extent provided in such regulations and policy statements of such an
14 agency applicable to such sales. The tax imposed by this section is
15 imposed on all cigarettes sold on an Indian reservation to non-members
16 of the Indian nation or tribe and to non-Indians and evidence of such
17 tax shall be by means of an affixed cigarette tax stamp. Indian nations
18 or tribes may elect to participate in the Indian tax exemption coupon
19 system established in section four hundred seventy-one-e of this article
20 which provides a mechanism for the collection of the tax imposed by this
21 section on cigarette sales on qualified reservations to such non-members
22 and non-Indians and for the delivery of quantities of tax-exempt ciga-
23 rettes to Indian nations or tribes for the personal use and consumption
24 of qualified members of the Indian nation or tribe. If an Indian nation
25 or tribe does not elect to participate in the Indian tax exemption
26 coupon system, the prior approval system shall be the mechanism for the
27 delivery of quantities of tax-exempt cigarettes to Indian nations or
28 tribes for the personal use and consumption of qualified members of the
29 Indian nation or tribe as provided for in paragraph (b) of subdivision
30 five of this section. Such tax on cigarettes shall be at the rate of
31 [four] five dollars and thirty-five cents for each twenty cigarettes or
32 fraction thereof, provided, however, that if a package of cigarettes
33 contains more than twenty cigarettes, the rate of tax on the cigarettes
34 in such package in excess of twenty shall be one dollar and [eight]
35 thirty-three and three-quarters cents for each five cigarettes or frac-
36 tion thereof. Such tax is intended to be imposed upon only one sale of
37 the same package of cigarettes. It shall be presumed that all cigarettes
38 within the state are subject to tax until the contrary is established,
39 and the burden of proof that any cigarettes are not taxable hereunder
40 shall be upon the person in possession thereof.
41 § 2. Section 471-a of the tax law, as amended by section 5 of part D
42 of chapter 134 of the laws of 2010, is amended to read as follows:
43 § 471-a. Use tax on cigarettes. There is hereby imposed and shall be
44 paid a tax on all cigarettes used in the state by any person, except
45 that no tax shall be imposed (1) if the tax provided in section four
46 hundred seventy-one of this article is paid, (2) on the use of ciga-
47 rettes which are exempt from the tax imposed by said section, or (3) on
48 the use of four hundred or less cigarettes, brought into the state on,
49 or in the possession of, any person. Such tax on cigarettes shall be at
50 the rate of [four] five dollars and thirty-five cents for each twenty
51 cigarettes or fraction thereof, provided, however, that if a package of
52 cigarettes contains more than twenty cigarettes, the rate of tax on the
53 cigarettes in such package in excess of twenty shall be one dollar and
54 [eight] thirty-three and three-quarters cents for each five cigarettes
55 or fraction thereof. Within twenty-four hours after liability for the
56 tax accrues, each such person shall file with the commissioner a return
A. 3009--B 52
1 in such form as the commissioner may prescribe together with a remit-
2 tance of the tax shown to be due thereon. For purposes of this article,
3 the word "use" means the exercise of any right or power actual or
4 constructive and shall include but is not limited to the receipt, stor-
5 age or any keeping or retention for any length of time, but shall not
6 include possession for sale. All other provisions of this article if not
7 inconsistent shall apply to the administration and enforcement of the
8 tax imposed by this section in the same manner as if the language of
9 said provisions had been incorporated in full into this section.
10 § 3. Notwithstanding any other provision of law to the contrary, the
11 tax due on cigarettes possessed in New York state as of the close of
12 business on August 31, 2023, by any person for sale solely attributable
13 to the increase imposed by the amendments to section 471 of the tax law,
14 as amended by section one of this act, shall be paid by November 20,
15 2023, subject to such terms and conditions as the commissioner of taxa-
16 tion and finance shall prescribe.
17 § 4. This act shall take effect on September 1, 2023, and shall apply
18 to all cigarettes possessed in this state by any person for sale and all
19 cigarettes used in this state by any person on or after such date.
20 PART T
21 Intentionally Omitted
22 PART U
23 Section 1. The opening paragraph of subparagraph (B) of paragraph 2 of
24 subdivision (b) of section 1402 of the tax law, as amended by section 1
25 of item UUU of subpart B of part XXX of chapter 58 of the laws of 2020,
26 is amended to read as follows:
27 For purposes of this subdivision, the phrase "real estate investment
28 trust transfer" shall mean any conveyance of real property or an inter-
29 est therein to a REIT, or to a partnership or corporation in which a
30 REIT owns a controlling interest immediately following the conveyance,
31 which conveyance (I) occurs in connection with the initial formation of
32 the REIT, provided that the conditions set forth in clauses (i) and (ii)
33 of this subparagraph are satisfied, or (II) in the case of any real
34 estate investment trust transfer occurring on or after July thirteenth,
35 nineteen hundred ninety-six and before September first, two thousand
36 [twenty-three] twenty-six, is described in the last sentence of this
37 subparagraph.
38 § 2. Subparagraph 2 of paragraph (xi) of subdivision (b) of section
39 1201 of the tax law, as amended by section 2 of item UUU of subpart B of
40 part XXX of chapter 58 of the laws of 2020, is amended to read as
41 follows:
42 (2) any issuance or transfer of an interest in a REIT, or in a part-
43 nership or corporation in which a REIT owns a controlling interest imme-
44 diately following the issuance or transfer, in connection with a trans-
45 action described in subparagraph one of this paragraph. Notwithstanding
46 the foregoing, a transaction described in the preceding sentence shall
47 not constitute a real estate investment trust transfer unless (A) it
48 occurs in connection with the initial formation of the REIT and the
49 conditions described in subparagraphs three and four of this paragraph
50 are satisfied, or (B) in the case of any real estate investment trust
51 transfer occurring on or after July thirteenth, nineteen hundred nine-
A. 3009--B 53
1 ty-six and before September first, two thousand [twenty-three] twenty-
2 six, the transaction is described in subparagraph five of this paragraph
3 in which case the provisions of such subparagraph shall apply.
4 § 3. Subparagraph (B) of paragraph 2 of subdivision e of section
5 11-2102 of the administrative code of the city of New York, as amended
6 by section 3 of item UUU of subpart B of part XXX of chapter 58 of the
7 laws of 2020, is amended to read as follows:
8 (B) any issuance or transfer of an interest in a REIT, or in a part-
9 nership or corporation in which a REIT owns a controlling interest imme-
10 diately following the issuance or transfer in connection with a trans-
11 action described in subparagraph (A) of this paragraph. Notwithstanding
12 the foregoing, a transaction described in the preceding sentence shall
13 not constitute a real estate investment trust transfer unless (i) it
14 occurs in connection with the initial formation of the REIT and the
15 conditions described in subparagraphs (C) and (D) of this paragraph are
16 satisfied, or (ii) in the case of any real estate investment trust
17 transfer occurring on or after July thirteenth, nineteen hundred nine-
18 ty-six and before September first, two thousand [twenty-three] twenty-
19 six, the transaction is described in subparagraph (E) of this paragraph
20 in which case the provision of such subparagraph shall apply.
21 § 4. This act shall take effect immediately.
22 PART V
23 Intentionally Omitted
24 PART W
25 Section 1. Subdivision 1 of section 105 of the state finance law, as
26 amended by chapter 204 of the laws of 2002, is amended to read as
27 follows:
28 1. All moneys received by the commissioner of taxation and finance on
29 account of the state, excepting such moneys as are required by law to be
30 deposited to the credit of the comptroller, but including such moneys as
31 are thereafter paid into the state treasury by the comptroller, shall be
32 deposited by the commissioner of taxation and finance within three busi-
33 ness days after the receipt thereof, either as a demand deposit or an
34 interest-bearing time deposit (other than a time certificate of depos-
35 it), as [he] the commissioner and the comptroller may determine, in such
36 banks, trust companies and industrial banks as in [his] the opinion of
37 the commissioner and the opinion of the comptroller are secure. The
38 moneys so deposited shall be placed to the account of the commissioner
39 of taxation and finance. [He] The commissioner shall keep a bankbook in
40 which shall be entered [his] their account of deposit in and moneys
41 drawn from the banks and trust companies and industrial banks in which
42 deposits are made by [him] the commissioner, which [he] they shall
43 exhibit to the comptroller for [his] inspection on the first Tuesday of
44 every month and oftener if required. [He] The commissioner shall not
45 draw any moneys from such banks, trust companies or industrial banks
46 unless by checks signed and countersigned in the manner prescribed by
47 section one hundred one, unless otherwise provided by law. No moneys
48 shall be paid by any such bank, trust company or industrial bank out of
49 any such deposit except upon such checks. Moneys may be paid through
50 electronic transfer in accordance with procedures developed by the
51 commissioner of taxation and finance and the comptroller and consistent
A. 3009--B 54
1 with the requirements of this section for recording payments. Such
2 payments through electronic transfer shall be considered, for purposes
3 of this chapter, to be moneys drawn by check. Every such bank, trust
4 company or industrial bank shall transmit to the comptroller monthly
5 statements of all moneys received and paid by it on account of the
6 commissioner of taxation and finance.
7 § 2. This act shall take effect immediately.
8 PART X
9 Section 1. Legislative findings. The legislature finds that it is in
10 the interests of the state to assist The New York Racing Association,
11 Inc., which is the franchised corporation pursuant to section two
12 hundred six of the racing, pari-mutuel wagering and breeding law, to
13 renovate Belmont Park racetrack. The legislature further finds and
14 determines that the anticipated cost of renovating Belmont Park race-
15 track is four hundred fifty-five million dollars and that the renovation
16 of Belmont Park racetrack shall initially be financed by the state
17 subject to the provisions of the repayment agreement of the franchised
18 corporation required by section two of this act. The franchised corpo-
19 ration will be responsible for repayment of the state funds in accord-
20 ance with the terms of such repayment agreement.
21 § 2. Prior to, and as a condition to the state initially providing
22 funds for the renovation of Belmont Park racetrack, the franchised
23 corporation shall enter into a repayment agreement with the state
24 authorizing and directing that a portion of the funds of the franchised
25 corporation dedicated for capital expenditures of the franchised corpo-
26 ration pursuant to paragraph 3 of subdivision f and paragraph 3 of
27 subdivision f-1 of section 1612 of the tax law shall be used to repay
28 the state for the funds provided by the state for the renovation of
29 Belmont Park racetrack, in accordance with the repayment agreement
30 between the state and the franchised corporation. Such agreement shall
31 further provide that in the event the franchised corporation receives
32 future statutory payments enacted for the specific purpose of holding
33 the franchised corporation harmless for any loss of payments pursuant to
34 paragraph 3 of subdivision f and paragraph 3 of subdivision f-1 of
35 section 1612 of the tax law, such statutory payments shall also be used
36 to repay the state for the funds provided by the state for the reno-
37 vation of Belmont Park racetrack. Such agreement may also be amended
38 from time to time as agreed to by the state and the franchised corpo-
39 ration. At any time prior to the repayment of the state funds for the
40 renovation of Belmont Park racetrack, the state may issue state personal
41 income tax revenue bonds or state sales tax revenue bonds. In the event
42 of the issuance of such bonds, the repayment agreement shall be revised
43 to reflect the obligation of the franchised corporation to fully repay
44 the debt service costs associated with such bonds.
45 § 3. As a condition of the state initially providing funds for the
46 renovation of Belmont Park racetrack, the franchise oversight board
47 shall include a requirement in any request for proposals for such reno-
48 vation that any projects in connection with such work shall only be
49 undertaken pursuant to a project labor agreement in accordance with
50 section 222 of the labor law. For the purposes of this section, "project
51 labor agreement" shall have the meaning set forth in subdivision 1 of
52 section 213 of the racing, pari-mutuel wagering and breeding law.
53 § 4. The New York State Gaming Commission shall ensure that to the
54 extent that the law allows for a franchise agreement for the operation
A. 3009--B 55
1 of Belmont Park racetrack with a franchisee other than the franchised
2 corporation, the term of any such franchise agreement awarded after
3 funding provided by the state for the renovation of Belmont Park race-
4 track described by section one of this act shall include a provision
5 obligating such franchisee to assume the payments of the franchised
6 corporation required by section two of this act.
7 § 5. The opening paragraph of paragraph 3 of subdivision f of section
8 1612 of the tax law is designated subparagraph (i) and a new subpara-
9 graph (ii) is added to read as follows:
10 (ii) Notwithstanding subparagraph (i) of this paragraph, in the event
11 the state provides funds to the franchised corporation for the reno-
12 vation of Belmont Park racetrack, out of the amount payable to the fran-
13 chised corporation for capital expenditures pursuant to subparagraph (i)
14 of this paragraph during any state fiscal year, an amount pursuant to
15 the repayment agreement between the state and the franchised corporation
16 shall instead be deposited into the miscellaneous capital projects fund,
17 New York racing capital improvement fund as required to repay the state
18 for funds provided for the renovation of Belmont Park racetrack. Any
19 amount payable to the franchised corporation in any state fiscal year
20 for capital expenditures pursuant to subparagraph (i) of this paragraph
21 in excess of the amount pursuant to the repayment agreement between
22 the state and the franchised corporation shall be deposited pursuant to
23 subparagraph (i) of this paragraph. Once the state has been fully reim-
24 bursed for the costs related to the renovation of Belmont Park race-
25 track, this subparagraph shall no longer apply and subparagraph (i) of
26 this paragraph shall apply.
27 § 6. The opening paragraph of paragraph 3 of subdivision f-1 of
28 section 1612 of the tax law is designated subparagraph (i) and a new
29 subparagraph (ii) is added to read as follows:
30 (ii) Notwithstanding subparagraph (i) of this paragraph, in the event
31 the state provides funds to the franchised corporation for the reno-
32 vation of Belmont Park racetrack, and in the event the amount deposited
33 pursuant to subparagraph (ii) of paragraph three of subdivision f of
34 this section is insufficient to make the required repayment pursuant to
35 such subparagraph during any state fiscal year, an amount payable to the
36 franchised corporation for capital expenditures pursuant to subparagraph
37 (i) of this paragraph shall instead be deposited into the miscellaneous
38 capital projects fund, New York racing capital improvement fund to the
39 extent necessary, when combined with the amount set forth in subpara-
40 graph (ii) of paragraph three of subdivision f of this section, to make
41 any required repayment of funds provided by the state related to the
42 renovation of Belmont Park racetrack during such fiscal year. Any amount
43 payable to the franchised corporation in any state fiscal year for capi-
44 tal expenditures pursuant to subparagraph (i) of this paragraph in
45 excess of the amount pursuant to the repayment agreement between the
46 state and the franchised corporation shall be deposited pursuant to
47 subparagraph (i) of this paragraph. Once the state has been fully reim-
48 bursed for such costs related to the renovation of Belmont Park race-
49 track, this subparagraph shall no longer apply and subparagraph (i) of
50 this paragraph shall apply.
51 § 7. The state comptroller is hereby authorized and directed to loan
52 money in accordance with the provisions set forth in subdivision 5 of
53 section 4 of the state finance law to the miscellaneous capital projects
54 fund, New York racing capital improvement fund.
55 § 8. 1. Notwithstanding any other provisions of law to the contrary,
56 the dormitory authority, the urban development corporation, and the New
A. 3009--B 56
1 York state thruway authority are hereby authorized to issue personal
2 income tax revenue bonds or notes or state sales tax revenue bonds or
3 notes in one or more series in an aggregate principal amount not to
4 exceed four hundred fifty-five million dollars ($455,000,000) excluding
5 bonds or notes issued to pay costs of issuance of such bonds or notes
6 and bonds or notes issued to refund or otherwise repay such bonds or
7 notes previously issued, for the purpose of financing the renovation of
8 Belmont Park racetrack.
9 2. Notwithstanding any other provision of law to the contrary, in
10 order to assist the dormitory authority, urban development corporation,
11 and the New York state thruway authority in undertaking the financing
12 for the renovation of Belmont Park racetrack, the director of the budget
13 is hereby authorized to enter into one or more financing agreements with
14 the dormitory authority, the urban development corporation, and the New
15 York state thruway authority, upon such terms and conditions as the
16 director of the budget and the dormitory authority, the urban develop-
17 ment corporation and the New York state thruway authority agree, so as
18 to annually provide to the dormitory authority, the urban development
19 corporation, and the New York state thruway authority, in the aggregate,
20 a sum not to exceed the principal, interest, and related expenses
21 required for such bonds and notes. Any financing agreement entered into
22 pursuant to this section shall provide that the obligation of the state
23 to pay the amount therein provided shall not constitute a debt of the
24 state within the meaning of any constitutional or statutory provision
25 and shall be deemed executory only to the extent of monies available and
26 that no liability shall be incurred by the state beyond the monies
27 available for such purpose, subject to annual appropriation by the
28 legislature. Any such contract or any payments made or to be made there-
29 under may be assigned and pledged by the dormitory authority, the urban
30 development corporation, and the New York state thruway authority as
31 security for such bonds and notes, as authorized by this section.
32 § 9. Notwithstanding any law to the contrary, and in accordance with
33 section 4 of the state finance law, the comptroller is hereby authorized
34 and directed in each state fiscal year to transfer, upon request of the
35 director of the budget, up to the unencumbered balance or an amount up
36 to twenty-five million eight hundred thousand dollars ($25,800,000) from
37 the miscellaneous capital projects fund, New York racing capital
38 improvement fund to the general fund.
39 § 10. This act shall take effect immediately.
40 PART Y
41 Intentionally Omitted
42 PART Z
43 Intentionally Omitted
44 PART AA
45 Section 1. Subdivision 2 of section 509-a of the racing, pari-mutuel
46 wagering and breeding law, as amended by section 1 of part DD of chapter
47 59 of the laws of 2022, is amended to read as follows:
A. 3009--B 57
1 2. a. Notwithstanding any other provision of law or regulation to the
2 contrary, from April nineteenth, two thousand twenty-one to March thir-
3 ty-first, two thousand twenty-two, twenty-three percent of the funds,
4 not to exceed two and one-half million dollars, in the Catskill off-
5 track betting corporation's capital acquisition fund and twenty-three
6 percent of the funds, not to exceed four hundred forty thousand dollars,
7 in the Capital off-track betting corporation's capital acquisition fund
8 established pursuant to this section shall also be available to such
9 off-track betting corporation for the purposes of statutory obligations,
10 payroll, and expenditures necessary to accept authorized wagers.
11 b. Notwithstanding any other provision of law or regulation to the
12 contrary, from April first, two thousand twenty-two to March thirty-
13 first, two thousand twenty-three, twenty-three percent of the funds, not
14 to exceed two and one-half million dollars, in the Catskill off-track
15 betting corporation's capital acquisition fund established pursuant to
16 this section, and twenty-three percent of the funds, not to exceed four
17 hundred forty thousand dollars, in the Capital off-track betting corpo-
18 ration's capital acquisition fund established pursuant to this section,
19 shall be available to such off-track betting corporations for the
20 purposes of statutory obligations, payroll, and expenditures necessary
21 to accept authorized wagers.
22 c. Notwithstanding any other provision of law or regulation to the
23 contrary, from April first, two thousand twenty-three to March thirty-
24 first, two thousand twenty-four, twenty-three percent of the funds, not
25 to exceed two and one-half million dollars, in the Catskill off-track
26 betting corporation's capital acquisition fund established pursuant to
27 this section, and twenty-three percent of the funds, not to exceed four
28 hundred forty thousand dollars, in the Capital off-track betting corpo-
29 ration's capital acquisition fund established pursuant to this section,
30 shall be available to such off-track betting corporation for the
31 purposes of statutory obligations, payroll, and expenditures necessary
32 to accept authorized wagers.
33 d. Prior to a corporation being able to utilize the funds authorized
34 by [paragraph] paragraphs b and c of this subdivision, the corporation
35 must submit an expenditure plan to the gaming commission for review.
36 Such plan shall include the corporation's outstanding liabilities,
37 projected revenue for the upcoming year, a detailed explanation of how
38 the funds will be used, and any other information determined necessary
39 by the commission. Upon review, the commission will make a determination
40 as to whether access to the funds is needed and warranted.
41 § 2. This act shall take effect immediately.
42 PART BB
43 Section 1. Paragraph (a) of subdivision 1 of section 1003 of the
44 racing, pari-mutuel wagering and breeding law, as amended by section 1
45 of part EE of chapter 59 of the laws of 2022, is amended to read as
46 follows:
47 (a) Any racing association or corporation or regional off-track
48 betting corporation, authorized to conduct pari-mutuel wagering under
49 this chapter, desiring to display the simulcast of horse races on which
50 pari-mutuel betting shall be permitted in the manner and subject to the
51 conditions provided for in this article may apply to the commission for
52 a license so to do. Applications for licenses shall be in such form as
53 may be prescribed by the commission and shall contain such information
54 or other material or evidence as the commission may require. No license
A. 3009--B 58
1 shall be issued by the commission authorizing the simulcast transmission
2 of thoroughbred races from a track located in Suffolk county. The fee
3 for such licenses shall be five hundred dollars per simulcast facility
4 and for account wagering licensees that do not operate either a simul-
5 cast facility that is open to the public within the state of New York or
6 a licensed racetrack within the state, twenty thousand dollars per year
7 payable by the licensee to the commission for deposit into the general
8 fund. Except as provided in this section, the commission shall not
9 approve any application to conduct simulcasting into individual or group
10 residences, homes or other areas for the purposes of or in connection
11 with pari-mutuel wagering. The commission may approve simulcasting into
12 residences, homes or other areas to be conducted jointly by one or more
13 regional off-track betting corporations and one or more of the follow-
14 ing: a franchised corporation, thoroughbred racing corporation or a
15 harness racing corporation or association; provided (i) the simulcasting
16 consists only of those races on which pari-mutuel betting is authorized
17 by this chapter at one or more simulcast facilities for each of the
18 contracting off-track betting corporations which shall include wagers
19 made in accordance with section one thousand fifteen, one thousand
20 sixteen and one thousand seventeen of this article; provided further
21 that the contract provisions or other simulcast arrangements for such
22 simulcast facility shall be no less favorable than those in effect on
23 January first, two thousand five; (ii) that each off-track betting
24 corporation having within its geographic boundaries such residences,
25 homes or other areas technically capable of receiving the simulcast
26 signal shall be a contracting party; (iii) the distribution of revenues
27 shall be subject to contractual agreement of the parties except that
28 statutory payments to non-contracting parties, if any, may not be
29 reduced; provided, however, that nothing herein to the contrary shall
30 prevent a track from televising its races on an irregular basis primari-
31 ly for promotional or marketing purposes as found by the commission. For
32 purposes of this paragraph, the provisions of section one thousand thir-
33 teen of this article shall not apply. Any agreement authorizing an
34 in-home simulcasting experiment commencing prior to May fifteenth, nine-
35 teen hundred ninety-five, may, and all its terms, be extended until June
36 thirtieth, two thousand [twenty-three] twenty-four; provided, however,
37 that any party to such agreement may elect to terminate such agreement
38 upon conveying written notice to all other parties of such agreement at
39 least forty-five days prior to the effective date of the termination,
40 via registered mail. Any party to an agreement receiving such notice of
41 an intent to terminate, may request the commission to mediate between
42 the parties new terms and conditions in a replacement agreement between
43 the parties as will permit continuation of an in-home experiment until
44 June thirtieth, two thousand [twenty-three] twenty-four; and (iv) no
45 in-home simulcasting in the thoroughbred special betting district shall
46 occur without the approval of the regional thoroughbred track.
47 § 2. Subparagraph (iii) of paragraph d of subdivision 3 of section
48 1007 of the racing, pari-mutuel wagering and breeding law, as amended by
49 section 2 of part EE of chapter 59 of the laws of 2022, is amended to
50 read as follows:
51 (iii) Of the sums retained by a receiving track located in Westchester
52 county on races received from a franchised corporation, for the period
53 commencing January first, two thousand eight and continuing through June
54 thirtieth, two thousand [twenty-three] twenty-four, the amount used
55 exclusively for purses to be awarded at races conducted by such receiv-
56 ing track shall be computed as follows: of the sums so retained, two and
A. 3009--B 59
1 one-half percent of the total pools. Such amount shall be increased or
2 decreased in the amount of fifty percent of the difference in total
3 commissions determined by comparing the total commissions available
4 after July twenty-first, nineteen hundred ninety-five to the total
5 commissions that would have been available to such track prior to July
6 twenty-first, nineteen hundred ninety-five.
7 § 3. The opening paragraph of subdivision 1 of section 1014 of the
8 racing, pari-mutuel wagering and breeding law, as amended by section 3
9 of part EE of chapter 59 of the laws of 2022, is amended to read as
10 follows:
11 The provisions of this section shall govern the simulcasting of races
12 conducted at thoroughbred tracks located in another state or country on
13 any day during which a franchised corporation is conducting a race meet-
14 ing in Saratoga county at Saratoga thoroughbred racetrack until June
15 thirtieth, two thousand [twenty-three] twenty-four and on any day
16 regardless of whether or not a franchised corporation is conducting a
17 race meeting in Saratoga county at Saratoga thoroughbred racetrack after
18 June thirtieth, two thousand [twenty-three] twenty-four. On any day on
19 which a franchised corporation has not scheduled a racing program but a
20 thoroughbred racing corporation located within the state is conducting
21 racing, each off-track betting corporation branch office and each simul-
22 casting facility licensed in accordance with section one thousand seven
23 (that has entered into a written agreement with such facility's repre-
24 sentative horsemen's organization, as approved by the commission), one
25 thousand eight, or one thousand nine of this article shall be authorized
26 to accept wagers and display the live simulcast signal from thoroughbred
27 tracks located in another state or foreign country subject to the
28 following provisions:
29 § 4. Subdivision 1 of section 1015 of the racing, pari-mutuel wagering
30 and breeding law, as amended by section 4 of part EE of chapter 59 of
31 the laws of 2022, is amended to read as follows:
32 1. The provisions of this section shall govern the simulcasting of
33 races conducted at harness tracks located in another state or country
34 during the period July first, nineteen hundred ninety-four through June
35 thirtieth, two thousand [twenty-three] twenty-four. This section shall
36 supersede all inconsistent provisions of this chapter.
37 § 5. The opening paragraph of subdivision 1 of section 1016 of the
38 racing, pari-mutuel wagering and breeding law, as amended by section 5
39 of part EE of chapter 59 of the laws of 2022, is amended to read as
40 follows:
41 The provisions of this section shall govern the simulcasting of races
42 conducted at thoroughbred tracks located in another state or country on
43 any day during which a franchised corporation is not conducting a race
44 meeting in Saratoga county at Saratoga thoroughbred racetrack until June
45 thirtieth, two thousand [twenty-three] twenty-four. Every off-track
46 betting corporation branch office and every simulcasting facility
47 licensed in accordance with section one thousand seven that have entered
48 into a written agreement with such facility's representative horsemen's
49 organization as approved by the commission, one thousand eight or one
50 thousand nine of this article shall be authorized to accept wagers and
51 display the live full-card simulcast signal of thoroughbred tracks
52 (which may include quarter horse or mixed meetings provided that all
53 such wagering on such races shall be construed to be thoroughbred races)
54 located in another state or foreign country, subject to the following
55 provisions; provided, however, no such written agreement shall be
A. 3009--B 60
1 required of a franchised corporation licensed in accordance with section
2 one thousand seven of this article:
3 § 6. The opening paragraph of section 1018 of the racing, pari-mutuel
4 wagering and breeding law, as amended by section 6 of part EE of chapter
5 59 of the laws of 2022, is amended to read as follows:
6 Notwithstanding any other provision of this chapter, for the period
7 July twenty-fifth, two thousand one through September eighth, two thou-
8 sand [twenty-two] twenty-three, when a franchised corporation is
9 conducting a race meeting within the state at Saratoga Race Course,
10 every off-track betting corporation branch office and every simulcasting
11 facility licensed in accordance with section one thousand seven (that
12 has entered into a written agreement with such facility's representative
13 horsemen's organization as approved by the commission), one thousand
14 eight or one thousand nine of this article shall be authorized to accept
15 wagers and display the live simulcast signal from thoroughbred tracks
16 located in another state, provided that such facility shall accept
17 wagers on races run at all in-state thoroughbred tracks which are
18 conducting racing programs subject to the following provisions;
19 provided, however, no such written agreement shall be required of a
20 franchised corporation licensed in accordance with section one thousand
21 seven of this article.
22 § 7. Section 32 of chapter 281 of the laws of 1994, amending the
23 racing, pari-mutuel wagering and breeding law and other laws relating to
24 simulcasting, as amended by section 7 of part EE of chapter 59 of the
25 laws of 2022, is amended to read as follows:
26 § 32. This act shall take effect immediately and the pari-mutuel tax
27 reductions in section six of this act shall expire and be deemed
28 repealed on July 1, [2023] 2024; provided, however, that nothing
29 contained herein shall be deemed to affect the application, qualifica-
30 tion, expiration, or repeal of any provision of law amended by any
31 section of this act, and such provisions shall be applied or qualified
32 or shall expire or be deemed repealed in the same manner, to the same
33 extent and on the same date as the case may be as otherwise provided by
34 law; provided further, however, that sections twenty-three and twenty-
35 five of this act shall remain in full force and effect only until May 1,
36 1997 and at such time shall be deemed to be repealed.
37 § 8. Section 54 of chapter 346 of the laws of 1990, amending the
38 racing, pari-mutuel wagering and breeding law and other laws relating to
39 simulcasting and the imposition of certain taxes, as amended by section
40 8 of part EE of chapter 59 of the laws of 2022, is amended to read as
41 follows:
42 § 54. This act shall take effect immediately; provided, however,
43 sections three through twelve of this act shall take effect on January
44 1, 1991, and section 1013 of the racing, pari-mutuel wagering and breed-
45 ing law, as added by section thirty-eight of this act, shall expire and
46 be deemed repealed on July 1, [2023] 2024; and section eighteen of this
47 act shall take effect on July 1, 2008 and sections fifty-one and fifty-
48 two of this act shall take effect as of the same date as chapter 772 of
49 the laws of 1989 took effect.
50 § 9. Paragraph (a) of subdivision 1 of section 238 of the racing,
51 pari-mutuel wagering and breeding law, as amended by section 9 of part
52 EE of chapter 59 of the laws of 2022, is amended to read as follows:
53 (a) The franchised corporation authorized under this chapter to
54 conduct pari-mutuel betting at a race meeting or races run thereat shall
55 distribute all sums deposited in any pari-mutuel pool to the holders of
56 winning tickets therein, provided such tickets are presented for payment
A. 3009--B 61
1 before April first of the year following the year of their purchase,
2 less an amount that shall be established and retained by such franchised
3 corporation of between twelve to seventeen percent of the total deposits
4 in pools resulting from on-track regular bets, and fourteen to twenty-
5 one percent of the total deposits in pools resulting from on-track
6 multiple bets and fifteen to twenty-five percent of the total deposits
7 in pools resulting from on-track exotic bets and fifteen to thirty-six
8 percent of the total deposits in pools resulting from on-track super
9 exotic bets, plus the breaks. The retention rate to be established is
10 subject to the prior approval of the commission.
11 Such rate may not be changed more than once per calendar quarter to be
12 effective on the first day of the calendar quarter. "Exotic bets" and
13 "multiple bets" shall have the meanings set forth in section five
14 hundred nineteen of this chapter. "Super exotic bets" shall have the
15 meaning set forth in section three hundred one of this chapter. For
16 purposes of this section, a "pick six bet" shall mean a single bet or
17 wager on the outcomes of six races. The breaks are hereby defined as the
18 odd cents over any multiple of five for payoffs greater than one dollar
19 five cents but less than five dollars, over any multiple of ten for
20 payoffs greater than five dollars but less than twenty-five dollars,
21 over any multiple of twenty-five for payoffs greater than twenty-five
22 dollars but less than two hundred fifty dollars, or over any multiple of
23 fifty for payoffs over two hundred fifty dollars. Out of the amount so
24 retained there shall be paid by such franchised corporation to the
25 commissioner of taxation and finance, as a reasonable tax by the state
26 for the privilege of conducting pari-mutuel betting on the races run at
27 the race meetings held by such franchised corporation, the following
28 percentages of the total pool for regular and multiple bets five percent
29 of regular bets and four percent of multiple bets plus twenty percent of
30 the breaks; for exotic wagers seven and one-half percent plus twenty
31 percent of the breaks, and for super exotic bets seven and one-half
32 percent plus fifty percent of the breaks.
33 For the period April first, two thousand one through December thirty-
34 first, two thousand [twenty-three] twenty-four, such tax on all wagers
35 shall be one and six-tenths percent, plus, in each such period, twenty
36 percent of the breaks. Payment to the New York state thoroughbred breed-
37 ing and development fund by such franchised corporation shall be one-
38 half of one percent of total daily on-track pari-mutuel pools resulting
39 from regular, multiple and exotic bets and three percent of super exotic
40 bets and for the period April first, two thousand one through December
41 thirty-first, two thousand [twenty-three] twenty-four, such payment
42 shall be seven-tenths of one percent of regular, multiple and exotic
43 pools.
44 § 10. This act shall take effect immediately.
45 PART CC
46 Intentionally Omitted
47 PART DD
48 Section 1. Clause (vi) of subparagraph (B) of paragraph 1 of
49 subsection (a) of section 601 of the tax law, as amended by section 1 of
50 subpart A of part A of chapter 59 of the laws of 2022, is amended to
51 read as follows:
A. 3009--B 62
1 (vi) For taxable years beginning in two thousand twenty-three and
2 before two thousand twenty-eight the following rates shall apply:
3 If the New York taxable income is: The tax is:
4 Not over $17,150 4% of the New York taxable income
5 Over $17,150 but not over $23,600 $686 plus 4.5% of excess over
6 $17,150
7 Over $23,600 but not over $27,900 $976 plus 5.25% of excess over
8 $23,600
9 Over $27,900 but not over $161,550 $1,202 plus 5.5% of excess over
10 $27,900
11 Over $161,550 but not over $323,200 $8,553 plus 6.00% of excess over
12 $161,550
13 Over $323,200 but not over $18,252 plus 6.85% of excess over
14 $2,155,350 $323,200
15 Over $2,155,350 but not over $143,754 plus 9.65% of excess over
16 $5,000,000 $2,155,350
17 Over $5,000,000 but not over $418,263 plus [10.30] 10.80% of
18 excess over $5,000,000
19 $25,000,000
20 Over $25,000,000 $[2,478,263] 2,578,663 plus
21 [10.90] 11.40% of excess
22 over $25,000,000
23 § 2. Clause (vi) of subparagraph (B) of paragraph 1 of subsection (b)
24 of section 601 of the tax law, as amended by section 2 of subpart A of
25 part A of chapter 59 of the laws of 2022, is amended to read as follows:
26 (vi) For taxable years beginning in two thousand twenty-three and
27 before two thousand twenty-eight the following rates shall apply:
28 If the New York taxable income is: The tax is:
29 Not over $12,800 4% of the New York taxable income
30 Over $12,800 but not over $17,650 $512 plus 4.5% of excess over
31 $12,800
32 Over $17,650 but not over $20,900 $730 plus 5.25% of excess over
33 $17,650
34 Over $20,900 but not over $107,650 $901 plus 5.5% of excess over
35 $20,900
36 Over $107,650 but not over $269,300 $5,672 plus 6.00% of excess over
37 $107,650
38 Over $269,300 but not over $15,371 plus 6.85% of excess over
39 $1,616,450 $269,300
40 Over $1,616,450 but not over $107,651 plus 9.65% of excess over
41 $5,000,000 $1,616,450
42 Over $5,000,000 but not over $434,163 plus [10.30] 10.80%
43 of excess over $5,000,000
44 $25,000,000
45 Over $25,000,000 $[2,494,163] 2,594,163 plus
46 [10.90] 11.40% of excess
47 over $25,000,000
48 § 3. Clause (vi) of subparagraph (B) of paragraph 1 of subsection (c)
49 of section 601 of the tax law, as amended by section 3 of subpart A of
50 part A of chapter 59 of the laws of 2022, is amended to read as follows:
51 (vi) For taxable years beginning in two thousand twenty-three and
52 before two thousand twenty-eight the following rates shall apply:
A. 3009--B 63
1 If the New York taxable income is: The tax is:
2 Not over $8,500 4% of the New York taxable income
3 Over $8,500 but not over $11,700 $340 plus 4.5% of excess over
4 $8,500
5 Over $11,700 but not over $13,900 $484 plus 5.25% of excess over
6 $11,700
7 Over $13,900 but not over $80,650 $600 plus 5.50% of excess over
8 $13,900
9 Over $80,650 but not over $215,400 $4,271 plus 6.00% of excess over
10 $80,650
11 Over $215,400 but not over $12,356 plus 6.85% of excess over
12 $1,077,550 $215,400
13 Over $1,077,550 but not over $71,413 plus 9.65% of excess over
14 $5,000,000 $1,077,550
15 Over $5,000,000 but not over $449,929 plus [10.30] 10.80%
16 of excess over
17 $25,000,000 $5,000,000
18 Over $25,000,000 $[2,509,929] 2,609,929 plus
19 [10.90] 11.40% of excess over
20 $25,000,000
21 § 4. Subsection (d-4) of section 601 of the tax law, as added by
22 section 3 of subpart B of part A of chapter 59 of the laws of 2022, is
23 amended to read as follows:
24 (d-4) Alternative tax table benefit recapture. Notwithstanding the
25 provisions of subsection (d), (d-1), (d-2) or (d-3) of this section, for
26 taxable years beginning on or after two thousand twenty-three and before
27 two thousand twenty-eight, there is hereby imposed a supplemental tax in
28 addition to the tax imposed under subsections (a), (b) and (c) of this
29 section for the purpose of recapturing the benefit of the tax tables
30 contained in such subsections. During these taxable years, any reference
31 in this chapter to subsection (d), (d-1), (d-2) or (d-3) of this section
32 shall be read as a reference to this subsection.
33 (1) For resident married individuals filing joint returns and resident
34 surviving spouses:
35 (A) If New York adjusted gross income is greater than $107,650, but
36 not over $25,000,000:
37 (i) the recapture base and incremental benefit shall be determined by
38 New York taxable income as follows:
39 Greater than Not over Recapture Base Incremental Benefit
40 $27,900 $161,550 $0 $333
41 $161,550 $323,200 $333 $807
42 $323,200 $2,155,350 $1,140 $2,747
43 $2,155,350 $5,000,000 $3,887 $60,350
44 $5,000,000 $25,000,000 $64,237 [$32,500]
45 $57,500
46 (ii) the applicable amount shall be determined by New York taxable
47 income as follows:
48 Greater than Not over Applicable Amount
49 $27,900 $161,550 New York adjusted gross income minus $107,650
50 $161,550 $323,200 New York adjusted gross income minus $161,550
51 $323,200 $2,155,350 New York adjusted gross income minus $323,200
52 $2,155,350 $5,000,000 New York adjusted gross income minus $2,155,350
53 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000
54 (iii) the phase-in fraction shall be a fraction, the numerator of
55 which shall be the lesser of fifty thousand dollars or the applicable
56 amount and the denominator of which shall be fifty thousand dollars; and
A. 3009--B 64
1 (iv) the supplemental tax due shall equal the sum of the recapture
2 base and the product of (i) the incremental benefit and (ii) the phase-
3 in fraction. Provided, however, that if the New York taxable income of
4 the taxpayer is less than twenty-seven thousand nine hundred dollars,
5 the supplemental tax shall equal the difference between the product of
6 5.50 percent and New York taxable income and the tax table computation
7 on the New York taxable income set forth in paragraph one of subsection
8 (a) of this section, multiplied by a fraction, the numerator of which is
9 the lesser of fifty thousand dollars or New York adjusted gross income
10 minus one hundred seven thousand six hundred fifty dollars, and the
11 denominator of which is fifty thousand dollars.
12 (B) If New York adjusted gross income is greater than twenty-five
13 million dollars, the supplemental tax due shall equal the difference
14 between the product of [10.90] 11.40 percent and New York taxable income
15 and the tax table computation on the New York taxable income set forth
16 in paragraph one of subsection (a) of this section.
17 (2) For resident heads of households:
18 (A) If New York adjusted gross income is greater than $107,650, but
19 not over $25,000,000:
20 (i) the recapture base and incremental benefit shall be determined by
21 New York taxable income as follows:
22 Greater than Not over Recapture Base Incremental Benefit
23 $107,650 $269,300 $0 $787
24 $269,300 $1,616,450 $787 $2,289
25 $1,616,450 $5,000,000 $3,076 $45,261
26 $5,000,000 $25,000,000 $48,337 [$32,500]
27 $57,500
28 (ii) the applicable amount shall be determined by New York taxable
29 income as follows:
30 Greater than Not over Applicable Amount
31 $107,650 $269,300 New York adjusted gross income minus $107,650
32 $269,300 $1,616,450 New York adjusted gross income minus $269,300
33 $1,616,450 $5,000,000 New York adjusted gross income minus $1,616,450
34 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000
35 (iii) the phase-in fraction shall be a fraction, the numerator of
36 which shall be the lesser of fifty thousand dollars or the applicable
37 amount and the denominator of which shall be fifty thousand dollars; and
38 (iv) the supplemental tax due shall equal the sum of the recapture
39 base and the product of (i) the incremental benefit and (ii) the phase-
40 in fraction. Provided, however, that if the New York taxable income of
41 the taxpayer is less than one hundred seven thousand six hundred fifty
42 dollars, the supplemental tax shall equal the difference between the
43 product of 6.00 percent and New York taxable income and the tax table
44 computation on the New York taxable income set forth in paragraph one of
45 subsection (b) of this section, multiplied by a fraction, the numerator
46 of which is the lesser of fifty thousand dollars or New York adjusted
47 gross income minus one hundred seven thousand six hundred fifty dollars,
48 and the denominator of which is fifty thousand dollars.
49 (B) If New York adjusted gross income is greater than twenty-five
50 million dollars, the supplemental tax due shall equal the difference
51 between the product of [10.90] 11.40 percent and New York taxable income
52 and the tax table computation on the New York taxable income set forth
53 in paragraph one of subsection (b) of this section.
54 (3) For resident unmarried individuals, resident married individuals
55 filing separate returns and resident estates and trusts:
A. 3009--B 65
1 (A) If New York adjusted gross income is greater than $107,650, but
2 not over $25,000,000:
3 (i) the recapture base and incremental benefit shall be determined by
4 New York taxable income as follows:
5 Greater than Not over Recapture Base Incremental Benefit
6 $80,650 $215,400 $0 $568
7 $215,400 $1,077,550 $568 $1,831
8 $1,077,550 $5,000,000 $2,399 $30,172
9 $5,000,000 $25,000,000 $32,571 [$32,500]
10 $57,500
11 (ii) the applicable amount shall be determined by New York taxable
12 income as follows:
13 Greater than Not over Applicable Amount
14 $80,650 $215,400 New York adjusted gross income minus $107,650
15 $215,400 $1,077,550 New York adjusted gross income minus $215,400
16 $1,077,550 $5,000,000 New York adjusted gross income minus $1,077,550
17 $5,000,000 $25,000,000 New York adjusted gross income minus $5,000,000
18 (iii) the phase-in fraction shall be a fraction, the numerator of
19 which shall be the lesser of fifty thousand dollars or the applicable
20 amount and the denominator of which shall be fifty thousand dollars; and
21 (iv) the supplemental tax due shall equal the sum of the recapture
22 base and the product of (i) the incremental benefit and (ii) the phase-
23 in fraction. Provided, however, that if the New York taxable income of
24 the taxpayer is less than eighty thousand six hundred fifty dollars, the
25 supplemental tax shall equal the difference between the product of 6.00
26 percent and New York taxable income and the tax table computation on the
27 New York taxable income set forth in paragraph one of subsection (c) of
28 this section, multiplied by a fraction, the numerator of which is the
29 lesser of fifty thousand dollars or New York adjusted gross income minus
30 one hundred seven thousand six hundred fifty dollars, and the denomina-
31 tor of which is fifty thousand dollars.
32 (B) If New York adjusted gross income is greater than twenty-five
33 million dollars, the supplemental tax due shall equal the difference
34 between the product of [10.90 ] 11.40 percent and New York taxable
35 income and the tax table computation on the New York taxable income set
36 forth in paragraph one of subsection (c) of this section.
37 § 5. Notwithstanding any provision of law to the contrary, the method
38 of determining the amount to be deducted and withheld from wages on
39 account of taxes imposed by or pursuant to the authority of article 22
40 of the tax law in connection with the implementation of the provisions
41 of this act shall be prescribed by regulations of the commissioner of
42 taxation and finance with due consideration to the effect such withhold-
43 ing tables and methods would have on the receipt and amount of revenue.
44 The commissioner of taxation and finance shall adjust such withholding
45 tables and methods in regard to taxable years beginning in 2023 and
46 after in such manner as to result, so far as practicable, in withholding
47 from an employee's wages an amount substantially equivalent to the tax
48 reasonably estimated to be due for such taxable years as a result of the
49 provisions of this act. Any such regulations to implement a change in
50 withholding tables and methods for tax year 2023 shall be adopted and
51 effective as soon as practicable and the commissioner of taxation and
52 finance may adopt such regulations on an emergency basis notwithstanding
53 anything to the contrary in section 202 of the state administrative
54 procedure act.
55 § 6. This act shall take effect immediately and shall apply to taxable
56 years beginning on and after January 1, 2023.
A. 3009--B 66
1 PART EE
2 Section 1. Subsection (c-1) of section 606 of the tax law is amended
3 by adding a new paragraph 5 to read as follows:
4 (5) (A) For tax year two thousand twenty-two, the commissioner shall
5 issue a payment of a supplemental empire state child credit in the
6 amount of (i) one hundred percent of the empire state child credit
7 calculated and allowed pursuant to this subsection to taxpayers whose
8 federal adjusted gross income was less than ten thousand dollars; (ii)
9 seventy-five percent of the empire state child credit calculated and
10 allowed pursuant to this subsection to taxpayers whose federal adjusted
11 gross income was greater than or equal to ten thousand dollars but less
12 than twenty-five thousand dollars; (iii) fifty percent of the empire
13 state child credit calculated and allowed pursuant to this subsection to
14 taxpayers whose federal adjusted gross income was greater than or equal
15 to twenty-five thousand dollars but less than fifty thousand dollars;
16 and (iv) twenty-five percent of the empire state child credit calculated
17 and allowed pursuant to this subsection to taxpayers whose federal
18 adjusted gross income was greater than or equal to fifty thousand
19 dollars. Provided, however, that no payment shall be issued if it is
20 less than twenty-five dollars.
21 (B) The supplemental payment pursuant to this paragraph shall be
22 allowed to taxpayers who timely filed returns pursuant to section six
23 hundred fifty-one of this article, determined with regard to extensions
24 pursuant to section six hundred fifty-seven of this article.
25 § 2. Subsection (d) of section 606 of the tax law is amended by adding
26 a new paragraph 9 to read as follows:
27 (9) For tax year two thousand twenty-two, the commissioner shall issue
28 a payment of a supplemental earned income tax credit to resident taxpay-
29 ers in the amount of twenty-five percent of the earned income tax credit
30 calculated and allowed pursuant to this subsection. Such payment will be
31 allowed to resident taxpayers who timely filed returns pursuant to
32 section six hundred fifty-one of this article, determined with regard to
33 extensions pursuant to section six hundred fifty-seven of this article.
34 Provided, however, that no payment shall be issued if it is less than
35 twenty-five dollars.
36 § 3. Subsection (d-1) of section 606 of the tax law is amended by
37 adding a new paragraph 10 to read as follows:
38 (10) For tax year two thousand twenty-two, the commissioner shall
39 issue a payment of a supplemental enhanced earned income tax credit in
40 the amount of twenty-five percent of the enhanced earned income tax
41 credit calculated and allowed pursuant to this subsection. Such payment
42 will be allowed to taxpayers who timely filed returns pursuant to
43 section six hundred fifty-one of this article, determined with regard to
44 extensions pursuant to section six hundred fifty-seven of this article.
45 Provided, however, that no payment shall be issued if it is less than
46 twenty-five dollars.
47 § 4. Paragraph 1 of subsection (c-1) of section 606 of the tax law, as
48 amended by section 1 of part P of chapter 59 of the laws of 2018, is
49 amended to read as follows:
50 (1) A resident taxpayer shall be allowed a credit as provided herein
51 equal to the greater of one hundred dollars times the number of qualify-
52 ing children of the taxpayer or the applicable percentage of the child
53 tax credit allowed the taxpayer under section twenty-four of the inter-
54 nal revenue code for the same taxable year for each qualifying child.
55 Provided, however, in the case of a taxpayer whose federal adjusted
A. 3009--B 67
1 gross income exceeds the applicable threshold amount set forth by
2 section 24(b)(2) of the Internal Revenue Code, the credit shall only be
3 equal to the applicable percentage of the child tax credit allowed the
4 taxpayer under section 24 of the Internal Revenue Code for each qualify-
5 ing child. For the purposes of this subsection, a qualifying child shall
6 be a child who meets the definition of qualified child under section
7 24(c) of the internal revenue code [and is at least four years of age].
8 The applicable percentage shall be thirty-three percent. For purposes of
9 this subsection, any reference to section 24 of the Internal Revenue
10 Code shall be a reference to such section as it existed immediately
11 prior to the enactment of Public Law 115-97.
12 § 5. Subsection (d) of section 606 of the tax law is amended by adding
13 a new paragraph 10 to read as follows:
14 (10) Notwithstanding any provision to the contrary, for taxable years
15 two thousand twenty-three and thereafter, an eligible individual, who
16 filed a New York personal income tax return using a valid United States
17 individual taxpayer identification number (ITIN) or if such individual
18 otherwise satisfies the requirements of this paragraph, shall be eligi-
19 ble for the credit under this subsection. A federal individual taxpayer
20 identification number or a social security number must be provided for
21 each spouse in the case of a couple filing jointly or separately and for
22 each child in order to be eligible for the credit. For purposes of this
23 paragraph, an eligible individual, upon request by the commissioner,
24 shall be required to submit proof including, but not limited to, (i)(A)
25 an eligible individual filed a tax return for each tax year such credit
26 is allowed with the department using a valid United States individual
27 identification number, or (B) alternatively, such individual may submit
28 one or more proofs of work described in paragraph (k) of subsection five
29 of section two of part EEE of chapter fifty-nine of the laws of two
30 thousand twenty-one; and (ii) the proof of identity as described in
31 paragraph (a) of subsection five of section two of part EEE of chapter
32 fifty-nine of the laws of two thousand twenty-one. The commissioner in
33 conjunction with the commissioner of labor may, by regulation, estab-
34 lish alternative documents that sufficiently demonstrate an eligible
35 individual's qualification for the tax credit, including but not limited
36 to proof of identity as described in paragraph (a) of subsection five of
37 section two of part EEE of chapter fifty-nine of the laws of two thou-
38 sand twenty-one, provided that such additional documents clearly
39 demonstrate that such individual was employed and received monetary
40 earnings for each tax year such individual is eligible for the credit
41 prior to the date such individual certifies that he or she became
42 eligible for the credit allowed under this subsection.
43 § 6. This act shall take effect immediately; provided, however, that
44 sections four and five of this act shall apply to taxable years begin-
45 ning on and after January 1, 2023; and provided, further, that the
46 commissioner of the department of taxation and finance and the commis-
47 sioner of the department of labor are authorized to promulgate regu-
48 lations necessary to implement the provisions of this act.
49 PART FF
50 Section 1. Subdivision (b) of section 1105 of the tax law is amended
51 by adding a new paragraph 5 to read as follows:
52 (5) The receipts from every retail sale of tangible personal property
53 shall include a digital product as described in paragraph thirty-nine of
54 subdivision (b) of section eleven hundred one of this article.
A. 3009--B 68
1 § 2. Subdivision (b) of section 1101 of the tax law is amended by
2 adding a new paragraph 39 to read as follows:
3 (39) Digital product. The term digital product shall mean, whether
4 electronically or digitally delivered, streamed or accessed and whether
5 purchased individually, by subscription or in any other manner, includ-
6 ing maintenance, updates and support (but excluding similar property or
7 any related similar service otherwise exempt pursuant to section eleven
8 hundred five or section eleven hundred fifteen or any other sections of
9 this article) of the following:
10 (i) television shows and movies, excluding cable television and satel-
11 lite television;
12 (ii) photographs;
13 (iii) audiobooks;
14 (iv) any other otherwise taxable printed matter electronically or
15 digitally delivered, streamed or accessed, excluding newspapers and
16 periodicals;
17 (v) application platforms commonly known as "apps";
18 (vi) games excluding games otherwise taxable as the furnishing of an
19 entertainment service described in subparagraph (i) of paragraph nine of
20 subdivision (c) of section eleven hundred five of this article;
21 (vii) music;
22 (viii) podcasts;
23 (ix) any other audio, including satellite radio or any subscription
24 service; or
25 (x) any other otherwise taxable tangible personal property electron-
26 ically or digitally delivered, streamed or accessed.
27 § 2-a. Subdivision (l) of section 1111 of the tax law is amended by
28 adding a new paragraph 4 to read as follows:
29 (4) With respect to receipts from retail sale of tangible personal
30 property described in paragraph thirty-nine of subdivision (b) of
31 section eleven hundred one of this article, digital product that is
32 electronically or digitally delivered, streamed or accessed to the
33 customer within the state the customer shall pay such tax, on receipts
34 from any charge that is aggregated with and not separately stated from
35 other charges for receipt from retail sale of such property. Provided,
36 however, if seller chooses an objective, reasonable and verifiable stan-
37 dard for identifying each of the components of the charge for such
38 receipts, then such seller may separately account for and quantify the
39 amount of each such component charge. If a seller chooses to so sepa-
40 rately account for and quantify and separately sells any such property,
41 then the charge for such property shall be based upon the price for such
42 property as separately sold. If a seller chooses to so separately
43 account for and quantify and does not separately sell such property,
44 then the charge for such property shall be based upon the prevailing
45 retail price of comparable property sold separately by other sellers. In
46 any case, the charge for such property shall be reasonable and propor-
47 tionate to the total charge to the customer. Nothing herein shall be
48 construed to exempt from tax or subject to tax any such property other-
49 wise subject to tax or exempt from tax under this article.
50 § 3. Section 1148 of the tax law is amended by adding a new subdivi-
51 sion (d) to read as follows:
52 (d) Provided however, after funds are distributed pursuant to subdivi-
53 sions (b) and (c) of this section but before such funds are distributed
54 pursuant to subdivision (a) of this section, funds shall be deposited as
55 follows:
A. 3009--B 69
1 (1) into the credit of the metropolitan mass transportation operating
2 assistance account established by section eighty-eight-a of the state
3 finance law in the following amounts: (i) in state fiscal year two
4 thousand twenty-three--two thousand twenty-four, an amount equal to
5 sixteen million dollars and (ii) in state fiscal year two thousand twen-
6 ty-four--two thousand twenty-five, an amount equal to twenty-seven
7 million dollars and (iii) in state fiscal year two thousand twenty-five-
8 -two thousand twenty-six, an amount equal to thirty-one million dollars
9 and (iv) in state fiscal year two thousand twenty-six--two thousand
10 twenty-seven and thereafter, an amount equal to thirty-six million
11 dollars.
12 (2) Provided, however, after such funds are distributed pursuant to
13 subdivisions (b) and (c) of this section, and paragraph one of this
14 subdivision but before such funds are distributed pursuant to subdivi-
15 sion (a) of this section, such funds shall be distributed into the cred-
16 it of the corporate transportation account of the metropolitan transpor-
17 tation authority special assistance fund established by section twelve
18 hundred seventy-a of the public authorities law for the costs of the New
19 York city transit authority, to be applied as provided in paragraph (e)
20 of subdivision four of such section in the following amounts: (i) in
21 state fiscal year two thousand twenty-three--two thousand twenty-four,
22 an amount equal to twenty-nine million dollars and (ii) in state fiscal
23 year two thousand twenty-four--two thousand twenty-five, an amount equal
24 to forty-eight million dollars and (iii) in state fiscal year two thou-
25 sand twenty-five--two thousand twenty-six, an amount equal to fifty-five
26 million dollars and (iv) in state fiscal year two thousand twenty-six--
27 two thousand twenty-seven and thereafter, an amount equal to sixty-three
28 million dollars.
29 (3) And, provided further, after funds are distributed pursuant to
30 subdivisions (b) and (c) of this section, and paragraphs one and two of
31 this subdivision but before such funds are distributed pursuant to
32 subdivision (a) of this section, such funds shall be deposited into the
33 credit of the public transportation systems operating assistance account
34 established by section eighty-eight-a of the state finance law in the
35 following amounts: (i) in state fiscal year two thousand twenty-three-
36 -two thousand twenty-four, an amount equal to twenty-one million dollars
37 and (ii) in state fiscal year two thousand twenty-four--two thousand
38 twenty-five, an amount equal to thirty-five million dollars and (iii) in
39 state fiscal year two thousand twenty-five--two thousand twenty-six, an
40 amount equal to forty million dollars and (iv) in state fiscal year two
41 thousand twenty-six--two thousand twenty-seven and thereafter, an amount
42 equal to forty-six million dollars.
43 § 4. The closing paragraph of subdivision 1 of section 1270-a of the
44 public authorities law, as amended by section 7 of part FF of chapter 58
45 of the laws of 2019, is amended to read as follows:
46 The authority shall make deposits in the transit account and the
47 commuter railroad account of the moneys received by it pursuant to the
48 provisions of subdivision one of section two hundred sixty-one of the
49 tax law in accordance with the provisions thereof, and shall make depos-
50 its in the corporate transportation account of the moneys received by it
51 pursuant to the provisions of subdivision two of section two hundred
52 sixty-one of the tax law and section ninety-two-ff of the state finance
53 law. The comptroller shall deposit, without appropriation, into the
54 corporate transportation account the revenue fees, taxes, interest and
55 penalties collected in accordance with paragraph (b-1) of subdivision
56 two of section five hundred three of the vehicle and traffic law, para-
A. 3009--B 70
1 graph (c-3) of subdivision two of section five hundred three of the
2 vehicle and traffic law, article seventeen-C of the vehicle and traffic
3 law, article twenty-nine-A of the tax law and section eleven hundred
4 sixty-six-a of the tax law, and paragraph two of subdivision (d) of
5 section eleven hundred forty-eight of the tax law.
6 § 5. Paragraph (a) of subdivision 7 of section 88-a of the state
7 finance law, as added by chapter 481 of the laws of 1981, is amended to
8 read as follows:
9 (a) The "metropolitan mass transportation operating assistance
10 account" shall consist of the revenues derived from the taxes for the
11 metropolitan transportation district imposed by section eleven hundred
12 nine of the tax law and that proportion of the receipts received pursu-
13 ant to the tax imposed by article [nine-a] nine-A of such law as speci-
14 fied in section one hundred seventy-one-a of such law, and that propor-
15 tion of the receipts received pursuant to the tax imposed by article
16 nine of such law as specified in section two hundred five of such law,
17 and paragraph one of subdivision (d) of section eleven hundred forty-
18 eight of the tax law and the receipts required to be deposited pursuant
19 to the provisions of section one hundred eighty-two-a of the tax law,
20 and all other moneys credited or transferred thereto from any other fund
21 or source pursuant to law.
22 § 6. Paragraph (a) of subdivision 5 of section 88-a of the state
23 finance law, as added by chapter 481 of the laws of 1981, is amended to
24 read as follows:
25 (a) The "public transportation systems operating assistance account"
26 shall consist of revenues required to be deposited therein pursuant to
27 the provisions of section one hundred eighty-two-a of the tax law, para-
28 graph three of subdivision (d) of section eleven hundred forty-eight of
29 the tax law and all other moneys credited or transferred thereto from
30 any other fund or source pursuant to law.
31 § 7. This act shall take effect immediately and shall apply to sales
32 made on or after June 1, 2023.
33 PART GG
34 Section 1. Short title. This act shall be known and may be cited as
35 the "savings accounts for a variable economy (SAVE) for small businesses
36 act".
37 § 2. The tax law is amended by adding a new section 48 to read as
38 follows:
39 § 48. Small business savings accounts. (a) General. (1) The commis-
40 sioner shall establish a program to administer small business savings
41 accounts under this section.
42 (2) The commissioner shall establish minimum standards for small busi-
43 ness savings accounts and shall establish accounts, or enter into agree-
44 ments that meet these standards to administer such accounts. In estab-
45 lishing such standards and making such agreements the commissioner
46 shall, to the extent practicable, seek to minimize fees, minimize risk
47 of loss of principal, and ensure a range of investment risk options
48 available to account beneficiaries. Any eligible small business may
49 establish a small business savings account with respect to such business
50 under terms which meet the requirements of this section.
51 (b) Definition. For the purposes of this section, the term "small
52 business savings account" means a tax preferred savings account which is
53 designated at the time of establishment of the plan as a small business
A. 3009--B 71
1 savings account. Such designation shall be made in such manner as the
2 commissioner may by regulation prescribe.
3 (c) Contributions. (1) There shall be allowed as a deduction an amount
4 equal to the contributions to a small business savings account for the
5 taxable year.
6 (2) The aggregate amount of contributions for any taxable year to all
7 small business savings accounts maintained for the benefit of an eligi-
8 ble small business shall not exceed an amount equal to ten percent of
9 the entire net income of greater than zero but less than two hundred
10 fifty thousand dollars for article nine-A taxpayers and ten percent of
11 the New York source gross income of greater than zero but less than two
12 hundred fifty thousand dollars for a limited liability company, partner-
13 ship, or New York S corporation.
14 (d) Distributions. (1) Any qualified distribution from a small busi-
15 ness savings account shall not be includible in gross income.
16 (2) Any amounts distributed out of a small business savings account
17 that are not qualified distributions shall be included in gross income
18 for the taxable year of the distribution.
19 (3) For purposes of this section:
20 (A) The term "qualified distribution" means any amount:
21 (i) distributed from a small business savings account during a speci-
22 fied period of economic hardship; and
23 (ii) the distribution of which is certified by the taxpayer as part of
24 a plan which provides for the reinvestment of such distribution for the
25 funding of worker hiring or financial stabilization for the purposes of
26 job retention or creation.
27 (B) The term "specified period of economic hardship" means:
28 (i) any one-year period beginning immediately after the end of any two
29 consecutive quarters during which the annual rate of real gross domestic
30 product (as determined by the Bureau of Economic Analysis of the Depart-
31 ment of Commerce) decreases, or
32 (ii) any period, in no event shorter than one year, specified by the
33 commissioner for purposes of this section.
34 (C) The commissioner may specify a period under clause (ii) of subpar-
35 agraph (B) of this paragraph with respect to a specified area in the
36 case of an area determined by the governor to warrant assistance from
37 the Federal Government under the Robert T. Stafford Disaster Relief and
38 Emergency Assistance Act.
39 (D) The commissioner shall, for each specified period of economic
40 hardship establish a distribution limitation for qualified distributions
41 from eligible small business accounts with respect to such period. The
42 aggregate qualified distributions for any such period from all accounts
43 with respect to an eligible small business shall not exceed such limita-
44 tion.
45 (E) Any distribution not used in the manner certified under subpara-
46 graph (A) of this paragraph shall be treated as a distribution other
47 than a qualified distribution in the taxable year of such distribution.
48 (F) Any amount contributed to a small business savings account (and
49 any earnings attributable thereto), once distributed, shall not be
50 treated as a qualified distribution unless such distribution is made not
51 later than eight years after the date of such contribution. For purposes
52 of this subparagraph, amounts (and the earnings attributable thereto)
53 shall be treated as distributed on a first-in first-out basis.
54 (e) Eligible small business. For purposes of this section:
55 (1) The term "eligible small business" means, with respect to any
56 calendar year, any person if the annual average number of full-time
A. 3009--B 72
1 employees employed by such person during the preceding calendar year was
2 twenty-five or fewer and such person has an annual net income of less
3 than two hundred fifty thousand dollars. For purposes of this paragraph,
4 a preceding calendar year may be taken into account only if the person
5 was in existence throughout the year.
6 (2)(A) The term "full-time employee" means, with respect to any year,
7 an employee who is employed on average at least forty hours of service
8 per week.
9 (B) The commissioner shall prescribe such regulations, rules, and
10 guidance as may be necessary to determine the hours of service of an
11 employee, including rules for the application of this subdivision to
12 employees who are not compensated on an hourly basis.
13 (f) Effect of pledging account as security. If, during any taxable
14 year of the eligible small business for whose benefit an account is
15 established, the account or any portion thereof is pledged as security
16 for a loan, the portion so pledged shall be treated as distributed in a
17 distribution other than a qualified distribution.
18 (g) Annual report. The commissioner shall prepare and deliver an annu-
19 al report on the efficacy of small business savings accounts to the
20 temporary president of the senate and the speaker of the assembly. Such
21 report shall include, but not be limited to, an evaluation as to whether
22 small business savings accounts contribute to financial stabilization of
23 the small business during times of economic hardship, job retention or
24 creation.
25 § 3. Paragraph (a) of subdivision 9 of section 208 of the tax law is
26 amended by adding a new subparagraph 24 to read as follows:
27 (24) For taxable years beginning on or after January first, two thou-
28 sand twenty-three, contributions and qualified distributions by an
29 eligible small business, as such term is defined pursuant to section
30 forty-eight of this chapter.
31 § 4. Paragraph (b) of subdivision 9 of section 208 of the tax law is
32 amended by adding a new subparagraph 28 to read as follows:
33 (28) For taxable years beginning on or after January first, two thou-
34 sand twenty-three, any amounts of ineligible contributions and distrib-
35 utions described in section forty-eight of this chapter.
36 § 5. Subsection (c) of section 612 of the tax law is amended by adding
37 a new paragraph 47 to read as follows:
38 (47) For taxable years beginning on or after January first, two thou-
39 sand twenty-three, contributions and qualified distributions by an
40 eligible small business, as such term is defined pursuant to section
41 forty-eight of this chapter.
42 § 6. Subsection (b) of section 612 of the tax law is amended by adding
43 a new paragraph 44 to read as follows:
44 (44) For taxable years beginning on or after January first, two thou-
45 sand twenty-three, any amounts of ineligible contributions and distrib-
46 utions described in section forty-eight of this chapter.
47 § 7. This act shall take effect immediately and shall apply to taxable
48 years beginning on or after January 1, 2023.
49 PART HH
50 Section 1. Subsection (b) of section 612 of the tax law is amended by
51 adding a new paragraph 44 to read as follows:
52 (44) Any income, gain, loss and deduction, to the extent it is
53 included in federal adjusted gross income and is, when combined and
54 combined with additions for federal deprecation required by paragraph
A. 3009--B 73
1 eight of this subsection and subtractions for New York allowed by
2 subsection (k) of this section, less than zero, of an individual or
3 trust from a qualified pass-through manufacturer, as defined in para-
4 graph forty-seven of subsection (c) of this section.
5 § 2. Paragraph 39 of subsection (c) of section 612 of the tax law, as
6 amended by section 1 of part C of chapter 59 of the laws of 2022, is
7 amended and a new paragraph 47 is added to read as follows:
8 (39) (A) In the case of a taxpayer who is a small business or a
9 taxpayer who is a member, partner, or shareholder of a limited liability
10 company, partnership, or New York S corporation, respectively, that is a
11 small business, who or which has business income and/or farm income as
12 defined in the laws of the United States, an amount equal to fifteen
13 percent of the net items of income, gain, loss and deduction attribut-
14 able to such business or farm entering into federal adjusted gross
15 income, but not less than zero.
16 (B) (i) For the purposes of this paragraph, the term small business
17 shall mean: (I) a sole proprietor who employs one or more persons during
18 the taxable year and who has net business income or net farm income of
19 greater than zero but less than two hundred fifty thousand dollars;
20 (II) a limited liability company, partnership, or New York S corpo-
21 ration that during the taxable year employs one or more persons and has
22 net farm income attributable to a farm business that is greater than
23 zero but less than two hundred fifty thousand dollars;[or]
24 (III) a limited liability company, partnership, or New York S corpo-
25 ration that during the taxable year employs one or more persons and has
26 New York gross business income attributable to a non-farm business that
27 is greater than zero but less than one million five hundred thousand
28 dollars[.]; or
29 (IV) For the purposes of this paragraph, the term small business shall
30 exclude any business that is a qualified pass-through manufacturer, as
31 defined in paragraph forty-seven of this subsection for the current tax
32 year.
33 (ii) For purposes of this paragraph, the term New York gross business
34 income shall mean: (I) in the case of a limited liability company or a
35 partnership, New York source gross income as defined in subparagraph (B)
36 of paragraph three of subsection (c) of section six hundred fifty-eight
37 of this article; and (II) in the case of a New York S corporation, New
38 York receipts included in the numerator of the apportionment factor
39 determined under section two hundred ten-A of this chapter for the taxa-
40 ble year.
41 (C) To qualify for this modification in relation to a non-farm small
42 business that is a limited liability company, partnership, or New York S
43 corporation, the taxpayer's income attributable to the net business
44 income from its ownership interests in non-farm limited liability compa-
45 nies, partnerships, or New York S corporations must be less than two
46 hundred fifty thousand dollars.
47 (47) (A) Any income, gain, loss and deduction, to the extent included
48 in federal adjusted gross income and is, when combined and combined with
49 additions for federal depreciation required by paragraph eight of
50 subsection (b) of this section and subtractions for New York allowed by
51 subsection (k) of this section, greater than zero, of an individual or
52 trust from a qualified pass-through manufacturer. Income from a quali-
53 fied pass-through manufacturer shall include wages of an individual
54 controlling ten percent or more of the qualified business or entity.
55 Income or loss from a qualified pass-through manufacturer shall not
56 include an amount representing reasonable compensation for personal
A. 3009--B 74
1 services, as defined in the internal revenue code section one hundred
2 sixty-two regulations, for an individual controlling ten percent or more
3 of the qualified business or entity.
4 (B) The qualified pass-through manufacturer may be organized as a sole
5 proprietorship, a partnership, a limited liability company electing to
6 be treated as a partnership or sole proprietorship, or an S corporation.
7 (C) For the purposes of this subsection, the term qualified pass-
8 through manufacturer shall mean a business that is a qualified New York
9 manufacturer, as defined by subparagraph (vi) of paragraph (a) of subdi-
10 vision one of section two hundred ten of this chapter, except that the
11 term "gross receipts" shall be replaced by "business receipts" in deter-
12 mining whether the business is "principally engaged" in manufacturing. A
13 qualified pass-through manufacturer shall not include a business that is
14 currently participating in the START-UP NY program.
15 § 3. Paragraph 2 of subsection (a) of section 606 of the tax law is
16 amended by adding a new subparagraph (B-1) to read as follows:
17 (B-1) Property placed in service during the tax year that is otherwise
18 eligible for the investment tax credit described in subparagraph (A) of
19 this paragraph, will not be eligible for the investment tax credit if
20 the use of the property is by a qualified pass-through manufacturer, as
21 defined in paragraph forty-seven of subsection (c) of section six
22 hundred twelve of this article for the current tax year.
23 § 4. Subdivision 1 of section 210-B of the tax law is amended by
24 adding a new paragraph (g) to read as follows:
25 (g) Property placed in service during the tax year that is otherwise
26 eligible for the investment tax credit described in this subdivision,
27 will not be eligible for the investment tax credit if the use of the
28 property is by a qualified New York manufacturer, as defined in subpara-
29 graph (vi) of paragraph (a) of subsection one of section two hundred ten
30 of this article for the current tax year.
31 § 5. For purposes of determining the modifications of paragraphs 39
32 and 47 of subsection (c) of section 612 of the tax law and the invest-
33 ment tax credit disallowance of subparagraph (B-1) of paragraph 2 of
34 subsection (a) of section 606 of the tax law, the amounts shall be
35 multiplied by the following percentages: (a) for tax years beginning on
36 or after January 1, 2025: forty percent; (b) for tax years beginning on
37 or after January 1, 2026: eighty percent; and (c) for tax years begin-
38 ning on or after January 1, 2027: one hundred percent.
39 § 6. This act shall take effect immediately and shall apply to tax
40 years beginning on or after January 1, 2025.
41 PART II
42 Section 1. Paragraph 1 of subdivision (b) of section 37 of the tax
43 law, as amended by section 1 of part V of chapter 60 of the laws of
44 2016, is amended to read as follows:
45 (1) for the first five hundred thousand gallons of:
46 i. beer[, cider, wine or liquor] produced in this state in the taxable
47 year, the credit shall equal fourteen cents per gallon; [and]
48 ii. cider, artificially carbonated sparkling cider, and natural spar-
49 kling cider, containing more than three and two-tenths per centum of
50 alcohol by volume produced in this state in the taxable year, the credit
51 shall equal three and seventy-nine hundredths cents per gallon;
52 iii. still wine, artificially carbonated sparkling wine, and natural
53 sparkling wine produced in this state in the taxable year, the credit
54 shall equal thirty cents per gallon;
A. 3009--B 75
1 iv. liquors containing not more than twenty-four per centum of alcohol
2 by volume, but more than two per centum of alcohol per volume, produced
3 in this state in the taxable year, the credit shall equal two dollars
4 and fifty-four cents per gallon;
5 v. liquors containing more than zero per centum of alcohol by volume,
6 but not more than two per centum of alcohol by volume, produced in this
7 state in the taxable year, the credit shall equal zero;
8 vi. all other liquors produced in this state in the taxable year, the
9 credit shall equal six dollars and forty-four cents per gallon; and
10 § 2. This act shall take effect immediately and shall apply to taxable
11 years beginning on or after January 1, 2023.
12 PART JJ
13 Section 1. The tax law is amended by adding a new article 29-D to read
14 as follows:
15 ARTICLE 29-D
16 FEE ON DELIVERY TRANSACTIONS
17 Section 1299-M. Definitions.
18 1299-N. Imposition of fee on delivery transaction.
19 1299-O. Liability for fee.
20 1299-P. Registration.
21 1299-Q. Returns and payment of fee.
22 1299-R. Records to be kept.
23 1299-S. Secrecy of returns.
24 1299-T. Practice and procedure.
25 1299-U. Deposit and disposition of revenue.
26 1299-V. Cooperation by regulatory agencies.
27 § 1299-M. Definitions. (a) "Person" means an individual, partnership,
28 limited liability company, society, association, joint stock company,
29 corporation, estate, receiver, trustee, assignee, referee or any other
30 person acting in a fiduciary or representative capacity, whether
31 appointed by a court or otherwise, any combination of individuals and
32 any other form of unincorporated enterprise owned or conducted by two or
33 more persons.
34 (b) "Delivery transaction" means a transaction that results in the
35 delivery of personal tangible property from retail sale, whether
36 purchased online or not, to the purchaser within the state.
37 (c) "Purchaser" means for the purposes of this article the person
38 receiving the personal tangible property in the delivery transaction.
39 § 1299-N. Imposition of fee on delivery transaction. (a) In addition
40 to any other tax or assessment imposed by this chapter or other law,
41 there is hereby imposed, beginning on September first, two thousand
42 twenty-three, a fee on delivery transactions of twenty-five cents for
43 each delivery transaction where the delivery is made within the state,
44 except for deliveries of:
45 (1) drugs and medicines intended for use, internally or externally, in
46 the cure, mitigation, treatment or prevention of illnesses or diseases
47 in human beings, medical equipment, including component parts thereof,
48 and supplies required for such use or to correct or alleviate physical
49 incapacity, and products consumed by humans for the preservation of
50 health but not including cosmetics or toilet articles notwithstanding
51 the presence of medicinal ingredients therein or medical equipment,
52 including component parts thereof, and supplies, other than such drugs
53 and medicines, purchased at retail for use in performing medical and
54 similar services for compensation, as such terms are defined in para-
A. 3009--B 76
1 graph three of subdivision (a) of section eleven hundred fifteen of this
2 chapter;
3 (2) diapers intended for human use including, but not limited to:
4 disposable, reusable, adult, and children's diapers, as such terms are
5 defined in paragraph thirty-a of subdivision (a) of section eleven
6 hundred fifteen of this chapter;
7 (3) baby formula intended for feeding infants; or
8 (4) any food or food products.
9 (b) The provisions of this article shall not apply to any delivery
10 transaction related to:
11 (1) operating over a rural route and engage exclusively in the trans-
12 portation of United States mail under contract; or
13 (2) owned and operated by the United States, this state or any other
14 state or any county, city, town or municipality in this state, or any
15 other state or by any agency or department thereof.
16 § 1299-O. Liability for fee. (a) Notwithstanding any provision of law
17 to the contrary, every person that sells personal tangible property from
18 retail sales to be delivered within the state shall be personally liable
19 for the fees imposed by this article. For the purposes of this section,
20 a seller shall include a marketplace provider and marketplace seller as
21 such terms are defined in paragraphs one and two of subdivision (e) of
22 section eleven hundred one of this chapter. Provided, however, a market-
23 place seller may be relieved of liability if a marketplace provider
24 collects the fee on behalf of such marketplace seller as described in
25 paragraph one of subdivision (1) of section eleven hundred thirty-two of
26 this chapter.
27 (b) The fee imposed by this article shall be passed along to the
28 purchaser and separately stated on any receipt that is provided to such
29 purchaser. Provided, however, failure to collect such fee shall not
30 relieve the liability imposed on such seller and such fee shall not be
31 construed by any court or administrative body as the imposition of the
32 fee on the purchaser.
33 (c) The fee imposed by this article shall not apply to any purchaser
34 using the supplemental nutrition assistance program, special supple-
35 mental nutrition program for women, infants and children, or any succes-
36 sor programs as full or partial payment for the items purchased where
37 all items purchased in the delivery transaction are purchasable using
38 such programs.
39 § 1299-P. Registration. (a) Every person liable for the fee imposed by
40 this article shall file with the commissioner a properly completed
41 application for a certificate of registration, in a form prescribed by
42 the commissioner. Such application shall be accompanied by a fee of one
43 dollar and fifty cents, and shall set forth the name and address of the
44 registrant, and any other information that the commissioner may require.
45 (b) Except as otherwise provided in this section, the commissioner
46 shall issue a certificate of registration to each person that applies
47 for one for a specified term of not less than three years. Any certif-
48 icate of registration referred to in this subdivision shall be subject
49 to renewal in accordance with rules promulgated by the commissioner, and
50 upon the payment of a fee of one dollar fifty cents. Whether or not such
51 certificate of registration is issued for a specified term, it shall be
52 subject to suspension or revocation as provided for in this section.
53 Each certificate shall state the registrant and the registrant's taxpay-
54 er ID number it is applicable to. Certificates of registration issued
55 pursuant to this article shall be non-assignable and non-transferable,
56 and shall be surrendered to the commissioner immediately upon the regis-
A. 3009--B 77
1 trant's ceasing to do business at the address provided in its applica-
2 tion, unless the registrant amends its certificate of registration in
3 accordance with rules promulgated by the commissioner. All registrants
4 must notify the commissioner of changes to any of the information stated
5 on their certificate of registration, including vehicle changes, if any,
6 on a calendar quarterly basis, and shall amend their certificates of
7 registration accordingly.
8 (c) (1) The commissioner may refuse to issue a certificate of regis-
9 tration to a person, or may suspend or revoke a certificate of registra-
10 tion that was issued to a person, pursuant to this section upon finding
11 that: (i) such person failed to pay any monies that are finally deter-
12 mined to be due for any tax or imposition that is administered by the
13 commissioner; (ii) such person failed to file any return that is due
14 from it under this chapter; (iii) such person willfully filed a false
15 return or other document due under this chapter; (iv) such person will-
16 fully violated any provisions of this article, or any rule or regulation
17 of the commissioner promulgated under this article; or (v) a certificate
18 of registration issued pursuant to this section to such person, or to
19 any business or entity under control of such person, or that is subject
20 to substantially the same ownership, direction or control of such
21 person, that has been revoked or suspended within one year from the date
22 on which a certificate of registration is filed.
23 (2) A notice of proposed revocation, suspension or refusal to issue
24 shall be given to the person that applies for a certificate of registra-
25 tion pursuant to this section in the manner prescribed for a notice of
26 deficiency in subsection (a) of section one thousand eighty-one of this
27 chapter, and except as otherwise provided herein, all the provisions of
28 article twenty-seven of this chapter applicable to a notice of deficien-
29 cy shall apply to a notice issued pursuant to this paragraph, insofar as
30 such provisions can be made applicable to such notice, and with such
31 modifications as may be necessary in order to adapt the language of such
32 provisions to the notice authorized by this paragraph. All notices of
33 proposed revocation, suspension or refusal to issue shall contain a
34 statement advising the person to whom it is issued that the suspension,
35 revocation or refusal to issue may be challenged through a hearing proc-
36 ess and that the petition for such challenge must be filed with the
37 division of tax appeals within ninety days after the giving of such
38 notice.
39 (3) In the case of a proposed revocation or suspension, notice of
40 such must be given to a person within three years from the date of the
41 act or omission described in paragraph one of this subdivision, except
42 that in the case of acts involving falsity or fraud, such notice may be
43 issued at any time.
44 (4) In any of the foregoing instances where the commissioner may
45 suspend or revoke or refuse to issue a certificate of registration, the
46 commissioner may condition the retention or issuance of a certificate of
47 registration upon the filing of a bond or the deposit of tax in the
48 manner provided in paragraph two or three of subdivision (e) of section
49 eleven hundred thirty-seven of this chapter.
50 (d) If the commissioner considers it necessary for the proper adminis-
51 tration of the fee imposed by this article, he or she may require every
52 person who holds a certificate of registration issued pursuant to this
53 section to apply for a new certificate of registration in such form and
54 at such time as the commissioner may prescribe, and to surrender each
55 previously issued certificate of registration. The commissioner may
56 require such filing and such surrender not more often than once every
A. 3009--B 78
1 three years. Upon the filing of an application for a new certificate of
2 registration and the surrender of all previous such certificates, the
3 commissioner shall issue, within such time as the commissioner may
4 prescribe, a new certificate of registration, without charge, to each
5 registrant.
6 § 1299-Q. Returns and payment of fee. (a) Every person liable for the
7 fee imposed by this article shall file a return with the commissioner on
8 a monthly basis. Each return shall show the number of delivery trans-
9 actions completed subject to the fee imposed by this article in the
10 month for which the return is filed, along with such other information
11 as the commissioner may require. The returns required by this section
12 shall be filed within twenty days after the end of the month covered
13 thereby. If the commissioner deems it necessary to ensure the payment of
14 the fee imposed by this article, he or she may require returns to be
15 made for shorter periods than prescribed by the foregoing provisions of
16 this section, and upon such dates as may be specified. The form of
17 returns shall be prescribed by the commissioner and shall contain such
18 information as the commissioner may deem necessary for the proper admin-
19 istration of this article. The commissioner may require that returns be
20 filed electronically.
21 (b) Every person liable for the fee imposed by this article shall, at
22 the time of filing such return, pay to the commissioner the total amount
23 of all fees due under this article. Such amount shall be due and payable
24 on the date specified for the filing of the return for such period,
25 without regard to whether a return is filed, or whether the return that
26 is filed correctly shows the correct number of delivery transactions are
27 subject to the fee, or the correct fee amount due thereon. The commis-
28 sioner may require that the fee be paid electronically.
29 (c) In addition to any other penalty or interest provided for under
30 this article or other law, and unless it is shown that such failure is
31 due to reasonable cause and not due to willful neglect, any person
32 liable for the fee imposed by this article that fails to pay such fee
33 when due shall be liable for a penalty in an amount equal to two hundred
34 percent of the total fee amount that is due.
35 § 1299-R. Records to be kept. Every person liable for the fee imposed
36 by this article shall keep, and shall make available for review upon
37 demand by the commissioner:
38 (a) records of delivery transaction completed by such person, includ-
39 ing all amounts paid, charged or due thereon, in such form as the
40 commissioner may require;
41 (b) true and complete copies of any records required to be kept by any
42 applicable regulatory department or agency; and
43 (c) such other records and information as the commissioner may require
44 to perform his or her duties under this article.
45 § 1299-S. Secrecy of returns. (a) Except in accordance with proper
46 judicial order or as otherwise provided by law, it shall be unlawful for
47 the commissioner, any officer or employee of the department, any person
48 engaged or retained by the department on an independent contract basis,
49 or any person who in any manner may acquire knowledge of the contents of
50 a return filed with the commissioner pursuant to this article, to
51 divulge or make known in any manner any particulars set forth or
52 disclosed in any such return. The officers charged with the custody of
53 such returns shall not be required to produce any of them or evidence of
54 anything contained in them in any action or proceeding in any court,
55 except on behalf of the commissioner in an action or proceeding under
56 the provisions of this chapter, or in any other action or proceeding
A. 3009--B 79
1 involving the collection of a tax due under this chapter to which the
2 state, the commissioner or an agency that is authorized to permit or
3 regulate the provision of any relevant transportation is a party or a
4 claimant, or on behalf of any party to any action, proceeding or hearing
5 under the provisions of this article, when the returns or the facts
6 shown thereby are directly involved in such action, proceeding or hear-
7 ing, in any of which events the court, or in the case of a hearing, the
8 division of tax appeals, may require the production of, and may admit in
9 evidence so much of said returns or of the facts shown thereby as are
10 pertinent to the action or proceeding and no more. Nothing herein shall
11 be construed, however, to prohibit the commissioner, in his or her
12 discretion, from allowing the inspection or delivery of a certified copy
13 of any return filed under this article, or from providing any informa-
14 tion contained in any such return, by or to a duly authorized officer or
15 employee of the comptroller; nor to prohibit the inspection or delivery
16 of a certified copy of any return filed under this article, or the
17 provision of any information contained therein, by or to the attorney
18 general or other legal representatives of the state when an action shall
19 have been recommended or commenced pursuant to this chapter in which
20 such returns or the facts shown thereby are directly involved; nor to
21 prohibit the commissioner from providing or certifying to the division
22 of the budget or the comptroller the total number of returns filed under
23 this article in any reporting period and the total collections received
24 therefrom; nor to prohibit the delivery to a person liable for the fee
25 imposed by this article, or a duly authorized representative of such, a
26 certified copy of any return filed by such person pursuant to this arti-
27 cle, nor to prohibit the publication of statistics so classified as to
28 prevent the identification of particular returns and the items thereof;
29 nor to prohibit the disclosure, in such manner as the commissioner deems
30 appropriate, of the names and other appropriate identifying information
31 of those persons required to pay the fee imposed by this article.
32 (b) Notwithstanding the provisions of subdivision (a) of this section,
33 the commissioner may permit the secretary of the treasury of the United
34 States or such secretary's delegate, or the authorized representative of
35 either such officer, to inspect any return filed under this article, or
36 may furnish to such officer of such officer's authorized representative
37 an abstract of any such return or supply such person with information
38 concerning an item contained in any such return, or disclosed by any
39 investigation of liability under this article, but such permission shall
40 be granted or such information furnished only if the laws of the United
41 States grant substantially similar privileges to the commissioner or
42 officer of this state charged with the administration of the fee imposed
43 by this article, and only if such information is to be used for purposes
44 of tax administration only; and provided further the commissioner may
45 furnish to the commissioner of internal revenue or such commissioner's
46 authorized representative such returns filed under this article and
47 other tax information, as such commissioner may consider proper, for use
48 in court actions or proceedings under the internal revenue code, whether
49 civil or criminal, where a written request therefor has been made to the
50 commissioner by the secretary of the treasury of the United States or
51 such secretary's delegate, provided the laws of the United States grant
52 substantially similar powers to the secretary of the treasury of the
53 United States or his or her delegate. Where the commissioner has so
54 authorized use of returns and other information in such actions or
55 proceedings, officers and employees of the department may testify in
A. 3009--B 80
1 such actions or proceedings in respect to such returns or other informa-
2 tion.
3 (c)(1) Any officer or employer of the state who willfully violates the
4 provisions of subdivision (a) of this section shall be dismissed from
5 office and be incapable of holding any public office for a period of
6 five years thereafter.
7 (2) Cross-reference: For criminal penalties, see article thirty-seven
8 of this chapter.
9 § 1299-T. Practice and procedure. The provisions of article twenty-
10 eight of this chapter shall apply with respect to the administration of
11 and procedure with respect to the fee imposed by this article in the
12 same manner and with the same force and effect as if the language of
13 such article twenty-eight had been incorporated in full into this arti-
14 cle and had expressly referred to the fee imposed by this article,
15 except to the extent that any such provision is either inconsistent with
16 a provision of this article or is not relevant to this article.
17 § 1299-U. Deposit and disposition of revenue. All taxes, interest and
18 penalties collected or received by the commissioner under this article
19 shall be deposited and disposed of pursuant to the provisions of section
20 one hundred seventy-one-a of this chapter, except that after reserving
21 amounts in accordance with such section one hundred seventy-one-a of
22 this chapter:
23 (a) all taxes, interest and penalties collected or received within
24 the counties of the city of New York be deposited and disposed daily
25 with such responsible banks, banking houses or trust companies, as may
26 be designated by the comptroller, in trust for the credit of the metro-
27 politan transportation authority. An account may be established in one
28 or more of such depositories. Such deposits will be kept separate and
29 apart from all other money in the possession of the comptroller. Of the
30 total revenue collected or received under this article, the comptroller
31 shall retain such amount as the commissioner may determine to be neces-
32 sary for refunds under this article. On or before the twelfth day of
33 each month, after reserving such amount for such refunds and deducting
34 such amounts for such costs, the commissioner shall certify to the comp-
35 troller the amount of all revenues received pursuant to this article
36 during the prior month as a result of the tax imposed, including any
37 interest and penalties thereon. The amount of revenues so certified over
38 the prior three months in total shall be paid over by the fifteenth day
39 of the last month of each calendar quarter from such account, without
40 appropriation, into the corporate transportation account of the metro-
41 politan transportation authority special assistance fund established by
42 section twelve hundred seventy-a of the public authorities law for the
43 costs of the New York city transit authority, to be applied as provided
44 in paragraph (e) of subdivision four of such section.
45 (b) all taxes, interest and penalties collected or received with
46 respect to those counties, excluding the counties within the city of New
47 York, comprising the metropolitan commuter transportation district, as
48 defined by the provisions of section twelve hundred sixty-two of the
49 public authorities law, shall be paid into the credit of the metropol-
50 itan mass transportation operating assistance account established by
51 section eighty-eight-a of the state finance law.
52 (c) all taxes, interest and penalties collected or received outside of
53 the metropolitan commuter transportation shall be paid to the credit of
54 the public transportation systems operating assistance account estab-
55 lished by section eighty-eight-a of the state finance law.
A. 3009--B 81
1 § 1299-V. Cooperation by regulatory agencies. All regulatory agencies
2 shall cooperate with and assist the commissioner to effectuate the
3 purposes of this article and the commissioner's responsibilities here-
4 under. Such cooperation shall also include furnishing to the commission-
5 er all written, computerized, automated or electronic records in the
6 regulatory agency's possession, or in the possession of any of its
7 agents, instrumentalities, contractors, or any other person authorized
8 or required to obtain or possess such records or information, that
9 account for any person or entity liable under this article. Such infor-
10 mation shall be provided to the commissioner without cost, and in a
11 format prescribed by the commissioner.
12 § 2. The closing paragraph of subdivision 1 of section 1270-a of the
13 public authorities law, as amended by section 7 of part FF of chapter 58
14 of the laws of 2019, is amended to read as follows:
15 The authority shall make deposits in the transit account and the
16 commuter railroad account of the moneys received by it pursuant to the
17 provisions of subdivision one of section two hundred sixty-one of the
18 tax law in accordance with the provisions thereof, and shall make depos-
19 its in the corporate transportation account of the moneys received by it
20 pursuant to the provisions of subdivision two of section two hundred
21 sixty-one of the tax law and section ninety-two-ff of the state finance
22 law. The comptroller shall deposit, without appropriation, into the
23 corporate transportation account the revenue fees, taxes, interest and
24 penalties collected in accordance with paragraph (b-1) of subdivision
25 two of section five hundred three of the vehicle and traffic law, para-
26 graph (c-3) of subdivision two of section five hundred three of the
27 vehicle and traffic law, article seventeen-C of the vehicle and traffic
28 law, article twenty-nine-A of the tax law and section eleven hundred
29 sixty-six-a of the tax law, and subdivision (a) of section twelve
30 hundred ninety-nine-U of the tax law.
31 § 3. Paragraph (a) of subdivision 5 of section 88-a of the state
32 finance law, as added by chapter 481 of the laws of 1981, is amended to
33 read as follows:
34 (a) The "public transportation systems operating assistance account"
35 shall consist of revenues required to be deposited therein pursuant to
36 the provisions of section one hundred eighty-two-a of the tax law,
37 subdivision (c) of section twelve hundred ninety-nine-U of the tax law
38 and all other moneys credited or transferred thereto from any other fund
39 or source pursuant to law.
40 § 4. Paragraph (a) of subdivision 7 of section 88-a of the state
41 finance law, as added by chapter 481 of the laws of 1981, is amended to
42 read as follows:
43 (a) The "metropolitan mass transportation operating assistance
44 account" shall consist of the revenues derived from the taxes for the
45 metropolitan transportation district imposed by section eleven hundred
46 nine of the tax law and that proportion of the receipts received pursu-
47 ant to the tax imposed by article nine-a of such law as specified in
48 section one hundred seventy-one-a of such law, and subdivision (b) of
49 section twelve hundred ninety-nine-U of the tax law, and that proportion
50 of the receipts received pursuant to the tax imposed by article nine of
51 such law as specified in section two hundred five of such law, and the
52 receipts required to be deposited pursuant to the provisions of section
53 one hundred eighty-two-a, and all other moneys credited or transferred
54 thereto from any other fund or source pursuant to law.
55 § 5. This act shall take effect immediately and shall apply to all
56 delivery transactions on or after September 1, 2023.
A. 3009--B 82
1 PART KK
2 Section 1. Paragraphs (a) and (b) of subdivision 4 of section 189 of
3 the state finance law, as amended by section 8 of part A of chapter 56
4 of the laws of 2013, are amended to read as follows:
5 (a) This section shall apply to [claims, records, or statements made
6 under the] tax law violations only if: (i) the net income or sales of
7 the person against whom the action is brought equals or exceeds one
8 million dollars for any taxable year subject to any action brought
9 pursuant to this article; (ii) the damages pleaded in such action exceed
10 three hundred and fifty thousand dollars; [and (iii) the person is
11 alleged to have violated paragraph (a), (b), (c), (d), (e), (f) or (g)
12 of subdivision one of this section; provided, however, that nothing in
13 this subparagraph shall be deemed to modify or restrict the application
14 of such paragraphs to any act alleged that relates to a violation of the
15 tax law] provided that (iii) for purposes of applying paragraph (h) of
16 subdivision one of this section to a tax law violation, the person is
17 alleged to have knowingly concealed or knowingly and improperly avoided
18 an obligation to pay taxes to the state or a local government.
19 (b) The attorney general shall consult with the commissioner of the
20 department of taxation and finance prior to filing or intervening in any
21 action under this article that is based on [the filing of false claims,
22 records or statements made under the tax law] a violation of the tax
23 law. If the state declines to participate or to authorize participation
24 by a local government in such an action pursuant to subdivision two of
25 section one hundred ninety of this article, the qui tam plaintiff must
26 obtain approval from the attorney general before making any motion to
27 compel the department of taxation and finance to disclose tax records.
28 § 2. Nothing in this act shall be deemed to modify or restrict the
29 application of paragraph (a), (b), (c), (d), (e), (f) or (g) of subdivi-
30 sion 1 of section 189 of the state finance law to any act alleged that
31 relates to a violation of the tax law.
32 § 3. This act shall take effect immediately and in any pending case
33 shall apply to any tax obligation knowingly concealed or knowingly
34 avoided before, on, or after such effective date.
35 PART LL
36 Section 1. The state comptroller is hereby authorized and directed to
37 loan money in accordance with the provisions set forth in subdivision 5
38 of section 4 of the state finance law to the following funds and/or
39 accounts:
40 1. DOL-Child performer protection account (20401).
41 2. Local government records management account (20501).
42 3. Child health plus program account (20810).
43 4. EPIC premium account (20818).
44 5. Education - New (20901).
45 6. VLT - Sound basic education fund (20904).
46 7. Sewage treatment program management and administration fund
47 (21000).
48 8. Hazardous bulk storage account (21061).
49 9. Utility environmental regulatory account (21064).
50 10. Federal grants indirect cost recovery account (21065).
51 11. Low level radioactive waste account (21066).
52 12. Recreation account (21067).
53 13. Public safety recovery account (21077).
A. 3009--B 83
1 14. Environmental regulatory account (21081).
2 15. Natural resource account (21082).
3 16. Mined land reclamation program account (21084).
4 17. Great lakes restoration initiative account (21087).
5 18. Environmental protection and oil spill compensation fund (21200).
6 19. Public transportation systems account (21401).
7 20. Metropolitan mass transportation (21402).
8 21. Operating permit program account (21451).
9 22. Mobile source account (21452).
10 23. Statewide planning and research cooperative system account
11 (21902).
12 24. New York state thruway authority account (21905).
13 25. Mental hygiene program fund account (21907).
14 26. Mental hygiene patient income account (21909).
15 27. Financial control board account (21911).
16 28. Regulation of racing account (21912).
17 29. State university dormitory income reimbursable account (21937).
18 30. Criminal justice improvement account (21945).
19 31. Environmental laboratory reference fee account (21959).
20 32. Training, management and evaluation account (21961).
21 33. Clinical laboratory reference system assessment account (21962).
22 34. Indirect cost recovery account (21978).
23 35. Multi-agency training account (21989).
24 36. Bell jar collection account (22003).
25 37. Industry and utility service account (22004).
26 38. Real property disposition account (22006).
27 39. Parking account (22007).
28 40. Courts special grants (22008).
29 41. Asbestos safety training program account (22009).
30 42. Batavia school for the blind account (22032).
31 43. Investment services account (22034).
32 44. Surplus property account (22036).
33 45. Financial oversight account (22039).
34 46. Regulation of Indian gaming account (22046).
35 47. Rome school for the deaf account (22053).
36 48. Seized assets account (22054).
37 49. Administrative adjudication account (22055).
38 50. New York City assessment account (22062).
39 51. Cultural education account (22063).
40 52. Local services account (22078).
41 53. DHCR mortgage servicing account (22085).
42 54. Housing indirect cost recovery account (22090).
43 55. Voting Machine Examinations account (22099).
44 56. DHCR-HCA application fee account (22100).
45 57. Low income housing monitoring account (22130).
46 58. Restitution account (22134).
47 59. Corporation administration account (22135).
48 60. New York State Home for Veterans in the Lower-Hudson Valley
49 account (22144).
50 61. Deferred compensation administration account (22151).
51 62. Rent revenue other New York City account (22156).
52 63. Rent revenue account (22158).
53 64. Transportation aviation account (22165).
54 65. Tax revenue arrearage account (22168).
55 66. New York State Campaign Finance Fund account (22211).
56 67. New York state medical indemnity fund account (22240).
A. 3009--B 84
1 68. Behavioral health parity compliance fund (22246).
2 69. Pharmacy benefit manager regulatory fund (22255).
3 70. State university general income offset account (22654).
4 71. Lake George park trust fund account (22751).
5 72. Highway safety program account (23001).
6 73. DOH drinking water program account (23102).
7 74. NYCCC operating offset account (23151).
8 75. Commercial gaming revenue account (23701).
9 76. Commercial gaming regulation account (23702).
10 77. Highway use tax administration account (23801).
11 78. New York state secure choice administrative account (23806).
12 79. New York state cannabis revenue fund (24800).
13 80. Fantasy sports administration account (24951).
14 81. Mobile sports wagering fund (24955).
15 82. Highway and bridge capital account (30051).
16 83. State university residence hall rehabilitation fund (30100).
17 84. State parks infrastructure account (30351).
18 85. Clean water/clean air implementation fund (30500).
19 86. Hazardous waste remedial cleanup account (31506).
20 87. Youth facilities improvement account (31701).
21 88. Housing assistance fund (31800).
22 89. Housing program fund (31850).
23 90. Highway facility purpose account (31951).
24 91. New York racing account (32213).
25 92. Capital miscellaneous gifts account (32214).
26 93. Information technology capital financing account (32215).
27 94. New York environmental protection and spill remediation account
28 (32219).
29 95. Mental hygiene facilities capital improvement fund (32300).
30 96. Correctional facilities capital improvement fund (32350).
31 97. New York State Storm Recovery Capital Fund (33000).
32 98. OGS convention center account (50318).
33 99. Empire Plaza Gift Shop (50327).
34 100. Unemployment Insurance Benefit Fund, Interest Assessment Account
35 (50651).
36 101. Centralized services fund (55000).
37 102. Archives records management account (55052).
38 103. Federal single audit account (55053).
39 104. Civil service administration account (55055).
40 105. Civil service EHS occupational health program account (55056).
41 106. Banking services account (55057).
42 107. Cultural resources survey account (55058).
43 108. Neighborhood work project account (55059).
44 109. Automation & printing chargeback account (55060).
45 110. OFT NYT account (55061).
46 111. Data center account (55062).
47 112. Intrusion detection account (55066).
48 113. Domestic violence grant account (55067).
49 114. Centralized technology services account (55069).
50 115. Labor contact center account (55071).
51 116. Human services contact center account (55072).
52 117. Tax contact center account (55073).
53 118. Department of law civil recoveries account (55074).
54 119. Executive direction internal audit account (55251).
55 120. CIO Information technology centralized services account (55252).
56 121. Health insurance internal service account (55300).
A. 3009--B 85
1 122. Civil service employee benefits division administrative account
2 (55301).
3 123. Correctional industries revolving fund (55350).
4 124. Employees health insurance account (60201).
5 125. Medicaid management information system escrow fund (60900).
6 126. Virtual currency assessments account.
7 § 1-a. The state comptroller is hereby authorized and directed to loan
8 money in accordance with the provisions set forth in subdivision 5 of
9 section 4 of the state finance law to any account within the following
10 federal funds, provided the comptroller has made a determination that
11 sufficient federal grant award authority is available to reimburse such
12 loans:
13 1. Federal USDA-food and nutrition services fund (25000).
14 2. Federal health and human services fund (25100).
15 3. Federal education fund (25200).
16 4. Federal block grant fund (25250).
17 5. Federal miscellaneous operating grants fund (25300).
18 6. Federal unemployment insurance administration fund (25900).
19 7. Federal unemployment insurance occupational training fund (25950).
20 8. Federal emergency employment act fund (26000).
21 9. Federal capital projects fund (31350).
22 § 2. Notwithstanding any law to the contrary, and in accordance with
23 section 4 of the state finance law, the comptroller is hereby authorized
24 and directed to transfer, upon request of the director of the budget, on
25 or before March 31, 2024, up to the unencumbered balance or the follow-
26 ing amounts:
27 Economic Development and Public Authorities:
28 1. $1,175,000 from the miscellaneous special revenue fund, underground
29 facilities safety training account (22172), to the general fund.
30 2. An amount up to the unencumbered balance from the miscellaneous
31 special revenue fund, business and licensing services account (21977),
32 to the general fund.
33 3. $19,810,000 from the miscellaneous special revenue fund, code
34 enforcement account (21904), to the general fund.
35 4. $3,000,000 from the general fund to the miscellaneous special
36 revenue fund, tax revenue arrearage account (22168).
37 Education:
38 1. $2,314,000,000 from the general fund to the state lottery fund,
39 education account (20901), as reimbursement for disbursements made from
40 such fund for supplemental aid to education pursuant to section 92-c of
41 the state finance law that are in excess of the amounts deposited in
42 such fund for such purposes pursuant to section 1612 of the tax law.
43 2. $1,033,000,000 from the general fund to the state lottery fund, VLT
44 education account (20904), as reimbursement for disbursements made from
45 such fund for supplemental aid to education pursuant to section 92-c of
46 the state finance law that are in excess of the amounts deposited in
47 such fund for such purposes pursuant to section 1612 of the tax law.
48 3. $131,200,000 from the general fund to the New York state commercial
49 gaming fund, commercial gaming revenue account (23701), as reimbursement
50 for disbursements made from such fund for supplemental aid to education
51 pursuant to section 97-nnnn of the state finance law that are in excess
52 of the amounts deposited in such fund for purposes pursuant to section
53 1352 of the racing, pari-mutuel wagering and breeding law.
54 4. $895,897,000 from the general fund to the mobile sports wagering
55 fund, education account (24955), as reimbursement for disbursements made
56 from such fund for supplemental aid to education pursuant to section
A. 3009--B 86
1 92-c of the state finance law that are in excess of the amounts deposit-
2 ed in such fund for such purposes pursuant to section 1367 of the
3 racing, pari-mutuel wagering and breeding law.
4 5. $7,000,000 from the interactive fantasy sports fund, fantasy sports
5 education account (24950), to the state lottery fund, education account
6 (20901), as reimbursement for disbursements made from such fund for
7 supplemental aid to education pursuant to section 92-c of the state
8 finance law.
9 6. An amount up to the unencumbered balance in the fund on March 31,
10 2024 from the charitable gifts trust fund, elementary and secondary
11 education account (24901), to the general fund, for payment of general
12 support for public schools pursuant to section 3609-a of the education
13 law.
14 7. Moneys from the state lottery fund (20900) up to an amount deposit-
15 ed in such fund pursuant to section 1612 of the tax law in excess of the
16 current year appropriation for supplemental aid to education pursuant to
17 section 92-c of the state finance law.
18 8. $300,000 from the New York state local government records manage-
19 ment improvement fund, local government records management account
20 (20501), to the New York state archives partnership trust fund, archives
21 partnership trust maintenance account (20351).
22 9. $900,000 from the general fund to the miscellaneous special revenue
23 fund, Batavia school for the blind account (22032).
24 10. $900,000 from the general fund to the miscellaneous special reven-
25 ue fund, Rome school for the deaf account (22053).
26 11. $343,400,000 from the state university dormitory income fund
27 (40350) to the miscellaneous special revenue fund, state university
28 dormitory income reimbursable account (21937).
29 12. $8,318,000 from the general fund to the state university income
30 fund, state university income offset account (22654), for the state's
31 share of repayment of the STIP loan.
32 13. Intentionally omitted.
33 14. $5,160,000 from the miscellaneous special revenue fund, office of
34 the professions account (22051), to the miscellaneous capital projects
35 fund, office of the professions electronic licensing account (32222).
36 15. $24,000,000 from any of the state education department's special
37 revenue and internal service funds to the miscellaneous special revenue
38 fund, indirect cost recovery account (21978).
39 16. $4,200,000 from any of the state education department's special
40 revenue or internal service funds to the capital projects fund (30000).
41 17. $30,013,000 from the general fund to the miscellaneous special
42 revenue fund, HESC-insurance premium payments account (21960).
43 Environmental Affairs:
44 1. $16,000,000 from any of the department of environmental conserva-
45 tion's special revenue federal funds, and/or federal capital funds, to
46 the environmental conservation special revenue fund, federal indirect
47 recovery account (21065).
48 2. $5,000,000 from any of the department of environmental conserva-
49 tion's special revenue federal funds, and/or federal capital funds, to
50 the conservation fund (21150) or Marine Resources Account (21151) as
51 necessary to avoid diversion of conservation funds.
52 3. $3,000,000 from any of the office of parks, recreation and historic
53 preservation capital projects federal funds and special revenue federal
54 funds to the miscellaneous special revenue fund, federal grant indirect
55 cost recovery account (22188).
A. 3009--B 87
1 4. $1,000,000 from any of the office of parks, recreation and historic
2 preservation special revenue federal funds to the miscellaneous capital
3 projects fund, I love NY water account (32212).
4 5. $100,000,000 from the general fund to the environmental protection
5 fund, environmental protection fund transfer account (30451).
6 6. $6,000,000 from the general fund to the hazardous waste remedial
7 fund, hazardous waste oversight and assistance account (31505).
8 7. An amount up to or equal to the cash balance within the special
9 revenue-other waste management & cleanup account (21053) to the capital
10 projects fund (30000) for services and capital expenses related to the
11 management and cleanup program as put forth in section 27-1915 of the
12 environmental conservation law.
13 8. $1,800,000 from the miscellaneous special revenue fund, public
14 service account (22011) to the miscellaneous special revenue fund, util-
15 ity environmental regulatory account (21064).
16 9. $7,000,000 from the general fund to the enterprise fund, state fair
17 account (50051).
18 10. $4,000,000 from the waste management & cleanup account (21053) to
19 the general fund.
20 11. $3,000,000 from the waste management & cleanup account (21053) to
21 the environmental protection fund transfer account (30451).
22 12. Up to $10,000,000 from the general fund to the miscellaneous
23 special revenue fund, patron services account (22163).
24 Family Assistance:
25 1. $7,000,000 from any of the office of children and family services,
26 office of temporary and disability assistance, or department of health
27 special revenue federal funds and the general fund, in accordance with
28 agreements with social services districts, to the miscellaneous special
29 revenue fund, office of human resources development state match account
30 (21967).
31 2. $4,000,000 from any of the office of children and family services
32 or office of temporary and disability assistance special revenue federal
33 funds to the miscellaneous special revenue fund, family preservation and
34 support services and family violence services account (22082).
35 3. $18,670,000 from any of the office of children and family services,
36 office of temporary and disability assistance, or department of health
37 special revenue federal funds and any other miscellaneous revenues
38 generated from the operation of office of children and family services
39 programs to the general fund.
40 4. $175,000,000 from any of the office of temporary and disability
41 assistance or department of health special revenue funds to the general
42 fund.
43 5. $2,500,000 from any of the office of temporary and disability
44 assistance special revenue funds to the miscellaneous special revenue
45 fund, office of temporary and disability assistance program account
46 (21980).
47 6. $35,000,000 from any of the office of children and family services,
48 office of temporary and disability assistance, department of labor, and
49 department of health special revenue federal funds to the office of
50 children and family services miscellaneous special revenue fund, multi-
51 agency training contract account (21989).
52 7. $205,000,000 from the miscellaneous special revenue fund, youth
53 facility per diem account (22186), to the general fund.
54 8. $621,850 from the general fund to the combined gifts, grants, and
55 bequests fund, WB Hoyt Memorial account (20128).
A. 3009--B 88
1 9. $5,000,000 from the miscellaneous special revenue fund, state
2 central registry (22028), to the general fund.
3 10. $900,000 from the general fund to the Veterans' Remembrance and
4 Cemetery Maintenance and Operation account (20201).
5 11. $905,000,000 from the general fund to the housing program fund
6 (31850).
7 12. Up to $10,000,000 from any of the office of children and family
8 services special revenue federal funds to the office of the court admin-
9 istration special revenue other federal iv-e funds account.
10 General Government:
11 1. $12,000,000 from the general fund to the health insurance revolving
12 fund (55300).
13 2. $292,400,000 from the health insurance reserve receipts fund
14 (60550) to the general fund.
15 3. $150,000 from the general fund to the not-for-profit revolving loan
16 fund (20650).
17 4. $150,000 from the not-for-profit revolving loan fund (20650) to the
18 general fund.
19 5. $3,000,000 from the miscellaneous special revenue fund, surplus
20 property account (22036), to the general fund.
21 6. $19,000,000 from the miscellaneous special revenue fund, revenue
22 arrearage account (22024), to the general fund.
23 7. $1,826,000 from the miscellaneous special revenue fund, revenue
24 arrearage account (22024), to the miscellaneous special revenue fund,
25 authority budget office account (22138).
26 8. $1,000,000 from the miscellaneous special revenue fund, parking
27 account (22007), to the general fund, for the purpose of reimbursing the
28 costs of debt service related to state parking facilities.
29 9. $11,460,000 from the general fund to the agencies internal service
30 fund, central technology services account (55069), for the purpose of
31 enterprise technology projects.
32 10. $10,000,000 from the general fund to the agencies internal service
33 fund, state data center account (55062).
34 11. $12,000,000 from the miscellaneous special revenue fund, parking
35 account (22007), to the centralized services, building support services
36 account (55018).
37 12. $30,000,000 from the general fund to the internal service fund,
38 business services center account (55022).
39 13. $8,000,000 from the general fund to the internal service fund,
40 building support services account (55018).
41 14. $1,500,000 from the combined expendable trust fund, plaza special
42 events account (20120), to the general fund.
43 15. $50,000,000 from the New York State cannabis revenue fund (24800)
44 to the general fund.
45 16. A transfer from the general fund to the miscellaneous special
46 revenue fund, New York State Campaign Finance Fund Account (22211), up
47 to an amount equal to total reimbursements due to qualified candidates.
48 17. $6,000,000 from the miscellaneous special revenue fund, standards
49 and purchasing account (22019), to the general fund.
50 Health:
51 1. A transfer from the general fund to the combined gifts, grants and
52 bequests fund, breast cancer research and education account (20155), up
53 to an amount equal to the monies collected and deposited into that
54 account in the previous fiscal year.
55 2. A transfer from the general fund to the combined gifts, grants and
56 bequests fund, prostate cancer research, detection, and education
A. 3009--B 89
1 account (20183), up to an amount equal to the moneys collected and
2 deposited into that account in the previous fiscal year.
3 3. A transfer from the general fund to the combined gifts, grants and
4 bequests fund, Alzheimer's disease research and assistance account
5 (20143), up to an amount equal to the moneys collected and deposited
6 into that account in the previous fiscal year.
7 4. $8,940,000 from the HCRA resources fund (20800) to the miscella-
8 neous special revenue fund, empire state stem cell trust fund account
9 (22161).
10 5. $3,600,000 from the miscellaneous special revenue fund, certificate
11 of need account (21920), to the miscellaneous capital projects fund,
12 healthcare IT capital subfund (32216).
13 6. $4,000,000 from the miscellaneous special revenue fund, vital
14 health records account (22103), to the miscellaneous capital projects
15 fund, healthcare IT capital subfund (32216).
16 7. $6,000,000 from the miscellaneous special revenue fund, profes-
17 sional medical conduct account (22088), to the miscellaneous capital
18 projects fund, healthcare IT capital subfund (32216).
19 8. $114,500,000 from the HCRA resources fund (20800) to the capital
20 projects fund (30000).
21 9. $6,550,000 from the general fund to the medical cannabis trust
22 fund, health operation and oversight account (23755).
23 10. An amount up to the unencumbered balance from the charitable gifts
24 trust fund, health charitable account (24900), to the general fund, for
25 payment of general support for primary, preventive, and inpatient health
26 care, dental and vision care, hunger prevention and nutritional assist-
27 ance, and other services for New York state residents with the overall
28 goal of ensuring that New York state residents have access to quality
29 health care and other related services.
30 11. $500,000 from the miscellaneous special revenue fund, New York
31 State cannabis revenue fund, to the miscellaneous special revenue fund,
32 environmental laboratory fee account (21959).
33 12. An amount up to the unencumbered balance from the public health
34 emergency charitable gifts trust fund to the general fund, for payment
35 of goods and services necessary to respond to a public health disaster
36 emergency or to assist or aid in responding to such a disaster.
37 13. $1,000,000,000 from the general fund to the health care transfor-
38 mation fund (24850).
39 14. $2,590,000 from the miscellaneous special revenue fund, patient
40 safety center account (22140), to the general fund.
41 15. $1,000,000 from the miscellaneous special revenue fund, nursing
42 home receivership account (21925), to the general fund.
43 16. $130,000 from the miscellaneous special revenue fund, quality of
44 care account (21915), to the general fund.
45 17. $2,200,000 from the miscellaneous special revenue fund, adult home
46 quality enhancement account (22091), to the general fund.
47 18. $7,429,000 from the general fund, to the miscellaneous special
48 revenue fund, helen hayes hospital account (22140).
49 19. $1,117,000 from the general fund, to the miscellaneous special
50 revenue fund, New York city veterans' home account (22141).
51 20. $813,000 from the general fund, to the miscellaneous special
52 revenue fund, New York state home for veterans' and their dependents at
53 oxford account (22142).
54 21. $313,000 from the general fund, to the miscellaneous special
55 revenue fund, western New York veterans' home account (22143).
A. 3009--B 90
1 22. $1,473,000 from the general fund, to the miscellaneous special
2 revenue fund, New York state for veterans in the lower-hudson valley
3 account (22144).
4 Labor:
5 1. $600,000 from the miscellaneous special revenue fund, DOL fee and
6 penalty account (21923), to the child performer's protection fund, child
7 performer protection account (20401).
8 2. $11,700,000 from the unemployment insurance interest and penalty
9 fund, unemployment insurance special interest and penalty account
10 (23601), to the general fund.
11 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
12 ment insurance special interest and penalty account (23601), and public
13 work enforcement account (21998), to the general fund.
14 4. $850,000 from the miscellaneous special revenue fund, DOL elevator
15 safety program fund (22252) to the miscellaneous special revenue fund,
16 DOL fee and penalty account (21923).
17 Mental Hygiene:
18 1. $3,800,000 from the general fund, to the agencies internal service
19 fund, civil service EHS occupational health program account (55056).
20 2. $2,000,000 from the general fund, to the mental hygiene facilities
21 capital improvement fund (32300).
22 3. $20,000,000 from the opioid settlement fund (23817) to the miscel-
23 laneous capital projects fund, opioid settlement capital account.
24 4. $20,000,000 from the miscellaneous capital projects fund, opioid
25 settlement capital account to the opioid settlement fund (23817).
26 Public Protection:
27 1. $1,350,000 from the miscellaneous special revenue fund, emergency
28 management account (21944), to the general fund.
29 2. $2,587,000 from the general fund to the miscellaneous special
30 revenue fund, recruitment incentive account (22171).
31 3. $23,773,000 from the general fund to the correctional industries
32 revolving fund, correctional industries internal service account
33 (55350).
34 4. $2,000,000,000 from any of the division of homeland security and
35 emergency services special revenue federal funds to the general fund.
36 5. $115,420,000 from the state police motor vehicle law enforcement
37 and motor vehicle theft and insurance fraud prevention fund, state
38 police motor vehicle enforcement account (22802), to the general fund
39 for state operation expenses of the division of state police.
40 6. $138,272,000 from the general fund to the correctional facilities
41 capital improvement fund (32350).
42 7. $5,000,000 from the general fund to the dedicated highway and
43 bridge trust fund (30050) for the purpose of work zone safety activities
44 provided by the division of state police for the department of transpor-
45 tation.
46 8. $10,000,000 from the miscellaneous special revenue fund, statewide
47 public safety communications account (22123), to the capital projects
48 fund (30000).
49 9. $9,830,000 from the miscellaneous special revenue fund, legal
50 services assistance account (22096), to the general fund.
51 10. $1,000,000 from the general fund to the agencies internal service
52 fund, neighborhood work project account (55059).
53 11. $7,980,000 from the miscellaneous special revenue fund, finger-
54 print identification & technology account (21950), to the general fund.
A. 3009--B 91
1 12. $1,100,000 from the state police motor vehicle law enforcement and
2 motor vehicle theft and insurance fraud prevention fund, motor vehicle
3 theft and insurance fraud account (22801), to the general fund.
4 13. $14,400,000 from the general fund to the miscellaneous special
5 revenue fund, criminal justice improvement account (21945).
6 14. $2,000,000 from the general fund to the miscellaneous special
7 revenue fund, hazard mitigation revolving loan account.
8 Transportation:
9 1. $20,000,000 from the general fund to the mass transportation oper-
10 ating assistance fund, public transportation systems operating assist-
11 ance account (21401), of which $12,000,000 constitutes the base need for
12 operations.
13 2. $727,500,000 from the general fund to the dedicated highway and
14 bridge trust fund (30050).
15 3. $244,250,000 from the general fund to the MTA financial assistance
16 fund, mobility tax trust account (23651).
17 4. $5,000,000 from the miscellaneous special revenue fund, transporta-
18 tion regulation account (22067) to the dedicated highway and bridge
19 trust fund (30050), for disbursements made from such fund for motor
20 carrier safety that are in excess of the amounts deposited in the dedi-
21 cated highway and bridge trust fund (30050) for such purpose pursuant to
22 section 94 of the transportation law.
23 5. $477,000 from the miscellaneous special revenue fund, traffic adju-
24 dication account (22055), to the general fund.
25 6. $5,000,000 from the miscellaneous special revenue fund, transporta-
26 tion regulation account (22067) to the general fund, for disbursements
27 made from such fund for motor carrier safety that are in excess of the
28 amounts deposited in the general fund for such purpose pursuant to
29 section 94 of the transportation law.
30 Miscellaneous:
31 1. $250,000,000 from the general fund to any funds or accounts for the
32 purpose of reimbursing certain outstanding accounts receivable balances.
33 2. $500,000,000 from the general fund to the debt reduction reserve
34 fund (40000).
35 3. $450,000,000 from the New York state storm recovery capital fund
36 (33000) to the revenue bond tax fund (40152).
37 4. $15,500,000 from the general fund, community projects account GG
38 (10256), to the general fund, state purposes account (10050).
39 5. $100,000,000 from any special revenue federal fund to the general
40 fund, state purposes account (10050).
41 6. $8,250,000,000 from the special revenue federal fund, ARPA-Fiscal
42 Recovery Fund (25546) to the general fund, state purposes account
43 (10050) to cover eligible costs incurred by the state.
44 § 3. Notwithstanding any law to the contrary, and in accordance with
45 section 4 of the state finance law, the comptroller is hereby authorized
46 and directed to transfer, on or before March 31, 2024:
47 1. Upon request of the commissioner of environmental conservation, up
48 to $12,745,400 from revenues credited to any of the department of envi-
49 ronmental conservation special revenue funds, including $4,000,000 from
50 the environmental protection and oil spill compensation fund (21200),
51 and $1,834,600 from the conservation fund (21150), to the environmental
52 conservation special revenue fund, indirect charges account (21060).
53 2. Upon request of the commissioner of agriculture and markets, up to
54 $3,000,000 from any special revenue fund or enterprise fund within the
55 department of agriculture and markets to the general fund, to pay appro-
56 priate administrative expenses.
A. 3009--B 92
1 3. Upon request of the commissioner of the division of housing and
2 community renewal, up to $6,221,000 from revenues credited to any divi-
3 sion of housing and community renewal federal or miscellaneous special
4 revenue fund to the miscellaneous special revenue fund, housing indirect
5 cost recovery account (22090).
6 4. Upon request of the commissioner of the division of housing and
7 community renewal, up to $5,500,000 may be transferred from any miscel-
8 laneous special revenue fund account, to any miscellaneous special
9 revenue fund.
10 5. Upon request of the commissioner of health up to $13,694,000 from
11 revenues credited to any of the department of health's special revenue
12 funds, to the miscellaneous special revenue fund, administration account
13 (21982).
14 6. Upon the request of the attorney general, up to $4,000,000 from
15 revenues credited to the federal health and human services fund, federal
16 health and human services account (25117) or the miscellaneous special
17 revenue fund, recoveries and revenue account (22041), to the miscella-
18 neous special revenue fund, litigation settlement and civil recovery
19 account (22117).
20 § 4. On or before March 31, 2024, the comptroller is hereby authorized
21 and directed to deposit earnings that would otherwise accrue to the
22 general fund that are attributable to the operation of section 98-a of
23 the state finance law, to the agencies internal service fund, banking
24 services account (55057), for the purpose of meeting direct payments
25 from such account.
26 § 5. Notwithstanding any law to the contrary, upon the direction of
27 the director of the budget and upon requisition by the state university
28 of New York, the dormitory authority of the state of New York is
29 directed to transfer, up to $22,000,000 in revenues generated from the
30 sale of notes or bonds, the state university income fund general revenue
31 account (22653) for reimbursement of bondable equipment for further
32 transfer to the state's general fund.
33 § 6. Notwithstanding any law to the contrary, and in accordance with
34 section 4 of the state finance law, the comptroller is hereby authorized
35 and directed to transfer, upon request of the director of the budget and
36 upon consultation with the state university chancellor or his or her
37 designee, on or before March 31, 2024, up to $16,000,000 from the state
38 university income fund general revenue account (22653) to the state
39 general fund for debt service costs related to campus supported capital
40 project costs for the NY-SUNY 2020 challenge grant program at the
41 University at Buffalo.
42 § 7. 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 and
45 upon consultation with the state university chancellor or his or her
46 designee, on or before March 31, 2024, up to $6,500,000 from the state
47 university income fund general revenue account (22653) to the state
48 general fund for debt service costs related to campus supported capital
49 project costs for the NY-SUNY 2020 challenge grant program at the
50 University at Albany.
51 § 8. Notwithstanding any law to the contrary, the state university
52 chancellor or his or her designee is authorized and directed to transfer
53 estimated tuition revenue balances from the state university collection
54 fund (61000) to the state university income fund, state university
55 general revenue offset account (22655) on or before March 31, 2024.
A. 3009--B 93
1 § 9. 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, up
4 to $1,439,512,500 from the general fund to the state university income
5 fund, state university general revenue offset account (22655) during the
6 period of July 1, 2023 through June 30, 2024 to support operations at
7 the state university.
8 § 10. Notwithstanding any law to the contrary, and in accordance with
9 section 4 of the state finance law, the comptroller is hereby authorized
10 and directed to transfer, upon request of the director of the budget, up
11 to $62,340,000 from the general fund to the state university income
12 fund, state university general revenue offset account (22655) during the
13 period of July 1, 2023 to June 30, 2024 for general fund operating
14 support pursuant to subparagraph (4-b) of paragraph h of subdivision 2
15 of section three hundred fifty-five of the education law.
16 § 11. Notwithstanding any law to the contrary, and in accordance with
17 section 4 of the state finance law, the comptroller is hereby authorized
18 and directed to transfer, upon request of the director of the budget, up
19 to $20,000,000 from the general fund to the state university income
20 fund, state university general revenue offset account (22655) during the
21 period of July 1, 2023 to June 30, 2024 to fully fund the tuition credit
22 pursuant to subdivision two of section six hundred sixty-nine-h of the
23 education law.
24 § 12. 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 state university chancel-
27 lor or his or her designee, up to $55,000,000 from the state university
28 income fund, state university hospitals income reimbursable account
29 (22656), for services and expenses of hospital operations and capital
30 expenditures at the state university hospitals; and the state university
31 income fund, Long Island veterans' home account (22652) to the state
32 university capital projects fund (32400) on or before June 30, 2024.
33 § 13. Notwithstanding any law to the contrary, and in accordance with
34 section 4 of the state finance law, the comptroller, after consultation
35 with the state university chancellor or his or her designee, is hereby
36 authorized and directed to transfer moneys, in the first instance, from
37 the state university collection fund, Stony Brook hospital collection
38 account (61006), Brooklyn hospital collection account (61007), and Syra-
39 cuse hospital collection account (61008) to the state university income
40 fund, state university hospitals income reimbursable account (22656) in
41 the event insufficient funds are available in the state university
42 income fund, state university hospitals income reimbursable account
43 (22656) to permit the full transfer of moneys authorized for transfer,
44 to the general fund for payment of debt service related to the SUNY
45 hospitals. Notwithstanding any law to the contrary, the comptroller is
46 also hereby authorized and directed, after consultation with the state
47 university chancellor or his or her designee, to transfer moneys from
48 the state university income fund to the state university income fund,
49 state university hospitals income reimbursable account (22656) in the
50 event insufficient funds are available in the state university income
51 fund, state university hospitals income reimbursable account (22656) to
52 pay hospital operating costs or to permit the full transfer of moneys
53 authorized for transfer, to the general fund for payment of debt service
54 related to the SUNY hospitals on or before March 31, 2024.
55 § 14. Notwithstanding any law to the contrary, upon the direction of
56 the director of the budget and the chancellor of the state university of
A. 3009--B 94
1 New York or his or her designee, and in accordance with section 4 of the
2 state finance law, the comptroller is hereby authorized and directed to
3 transfer monies from the state university dormitory income fund (40350)
4 to the state university residence hall rehabilitation fund (30100), and
5 from the state university residence hall rehabilitation fund (30100) to
6 the state university dormitory income fund (40350), in an amount not to
7 exceed $100 million from each fund.
8 § 15. Notwithstanding any law to the contrary, and in accordance with
9 section 4 of the state finance law, the comptroller is hereby authorized
10 and directed to transfer, at the request of the director of the budget,
11 up to $700 million from the unencumbered balance of any special revenue
12 fund or account, agency fund or account, internal service fund or
13 account, enterprise fund or account, or any combination of such funds
14 and accounts, to the general fund. The amounts transferred pursuant to
15 this authorization shall be in addition to any other transfers expressly
16 authorized in the 2023-24 budget. Transfers from federal funds, debt
17 service funds, capital projects funds, the community projects fund, or
18 funds that would result in the loss of eligibility for federal benefits
19 or federal funds pursuant to federal law, rule, or regulation as assent-
20 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
21 1951 are not permitted pursuant to this authorization.
22 § 16. Notwithstanding any law to the contrary, and in accordance with
23 section 4 of the state finance law, the comptroller is hereby authorized
24 and directed to transfer, at the request of the director of the budget,
25 up to $100 million from any non-general fund or account, or combination
26 of funds and accounts, to the miscellaneous special revenue fund, tech-
27 nology financing account (22207), the miscellaneous capital projects
28 fund, the federal capital projects account (31350), information technol-
29 ogy capital financing account (32215), or the centralized technology
30 services account (55069), for the purpose of consolidating technology
31 procurement and services. The amounts transferred to the miscellaneous
32 special revenue fund, technology financing account (22207) pursuant to
33 this authorization shall be equal to or less than the amount of such
34 monies intended to support information technology costs which are
35 attributable, according to a plan, to such account made in pursuance to
36 an appropriation by law. Transfers to the technology financing account
37 shall be completed from amounts collected by non-general funds or
38 accounts pursuant to a fund deposit schedule or permanent statute, and
39 shall be transferred to the technology financing account pursuant to a
40 schedule agreed upon by the affected agency commissioner. Transfers from
41 funds that would result in the loss of eligibility for federal benefits
42 or federal funds pursuant to federal law, rule, or regulation as assent-
43 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
44 1951 are not permitted pursuant to this authorization.
45 § 17. 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 $400 million from any non-general fund or account, or combination
49 of funds and accounts, to the general fund for the purpose of consol-
50 idating technology procurement and services. The amounts transferred
51 pursuant to this authorization shall be equal to or less than the amount
52 of such monies intended to support information technology costs which
53 are attributable, according to a plan, to such account made in pursuance
54 to an appropriation by law. Transfers to the general fund shall be
55 completed from amounts collected by non-general funds or accounts pursu-
56 ant to a fund deposit schedule. Transfers from funds that would result
A. 3009--B 95
1 in the loss of eligibility for federal benefits or federal funds pursu-
2 ant to federal law, rule, or regulation as assented to in chapter 683 of
3 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
4 pursuant to this authorization.
5 § 18. Notwithstanding any provision of law to the contrary, as deemed
6 feasible and advisable by its trustees, the power authority of the state
7 of New York is authorized and directed to transfer to the state treasury
8 to the credit of the general fund up to $20,000,000 for the state fiscal
9 year commencing April 1, 2023, the proceeds of which will be utilized to
10 support energy-related state activities.
11 § 19. Notwithstanding any provision of law, rule or regulation to the
12 contrary, the New York state energy research and development authority
13 is authorized and directed to contribute $913,000 to the state treasury
14 to the credit of the general fund on or before March 31, 2024.
15 § 20. Notwithstanding any provision of law, rule or regulation to the
16 contrary, the New York state energy research and development authority
17 is authorized and directed to transfer five million dollars to the cred-
18 it of the Environmental Protection Fund on or before March 31, 2024 from
19 proceeds collected by the authority from the auction or sale of carbon
20 dioxide emission allowances allocated by the department of environmental
21 conservation.
22 § 21. Subdivision 5 of section 97-rrr of the state finance law, as
23 amended by section 21 of part FFF of chapter 56 of the laws of 2022, is
24 amended to read as follows:
25 5. Notwithstanding the provisions of section one hundred seventy-one-a
26 of the tax law, as separately amended by chapters four hundred eighty-
27 one and four hundred eighty-four of the laws of nineteen hundred eight-
28 y-one, and notwithstanding the provisions of chapter ninety-four of the
29 laws of two thousand eleven, or any other provisions of law to the
30 contrary, during the fiscal year beginning April first, two thousand
31 [twenty-two] twenty-three, the state comptroller is hereby authorized
32 and directed to deposit to the fund created pursuant to this section
33 from amounts collected pursuant to article twenty-two of the tax law and
34 pursuant to a schedule submitted by the director of the budget, up to
35 [$1,830,985,000,] $1,716,913,000 as may be certified in such schedule as
36 necessary to meet the purposes of such fund for the fiscal year begin-
37 ning April first, two thousand [twenty-two] twenty-three.
38 § 22. Notwithstanding any law to the contrary, the comptroller is
39 hereby authorized and directed to transfer, upon request of the director
40 of the budget, on or before March 31, 2024, the following amounts from
41 the following special revenue accounts to the capital projects fund
42 (30000), for the purposes of reimbursement to such fund for expenses
43 related to the maintenance and preservation of state assets:
44 1. $43,000 from the miscellaneous special revenue fund, administrative
45 program account (21982).
46 2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
47 hospital account (22140).
48 3. $456,000 from the miscellaneous special revenue fund, New York city
49 veterans' home account (22141).
50 4. $570,000 from the miscellaneous special revenue fund, New York
51 state home for veterans' and their dependents at oxford account (22142).
52 5. $170,000 from the miscellaneous special revenue fund, western New
53 York veterans' home account (22143).
54 6. $323,000 from the miscellaneous special revenue fund, New York
55 state for veterans in the lower-hudson valley account (22144).
A. 3009--B 96
1 7. $2,550,000 from the miscellaneous special revenue fund, patron
2 services account (22163).
3 8. $9,016,000 from the miscellaneous special revenue fund, state
4 university general income reimbursable account (22653).
5 9. $142,782,000 from the miscellaneous special revenue fund, state
6 university revenue offset account (22655).
7 10. $51,897,000 from the state university dormitory income fund, state
8 university dormitory income fund (40350).
9 11. $1,000,000 from the miscellaneous special revenue fund, litigation
10 settlement and civil recovery account (22117).
11 § 23. Intentionally omitted.
12 § 24. Subdivision 5 of section 183 of the military law, as amended by
13 section 2 of part O of chapter 55 of the laws of 2018, is amended to
14 read as follows:
15 5. All moneys paid as rent as provided in this section, together with
16 all sums paid to cover expenses of heating and lighting, shall be trans-
17 mitted by the officer in charge and control of the armory through the
18 adjutant general to the state treasury for deposit to the [agencies
19 enterprise fund] miscellaneous special revenue fund - 339 armory rental
20 account.
21 § 25. Subdivision 2 of section 92-cc of the state finance law, as
22 amended by section 26 of part FFF of chapter 56 of the laws of 2022, is
23 amended to read as follows:
24 2. Such fund shall have a maximum balance not to exceed [fifteen]
25 twenty per centum of the aggregate amount projected to be disbursed from
26 the general fund during the fiscal year immediately following the then-
27 current fiscal year. At the request of the director of the budget, the
28 state comptroller shall transfer monies to the rainy day reserve fund up
29 to and including an amount equivalent to [three] ten per centum of the
30 aggregate amount projected to be disbursed from the general fund [during
31 the then-current fiscal year] within three days of the end of the then-
32 current fiscal year, unless such transfer would increase the rainy day
33 reserve fund to an amount in excess of [fifteen] twenty per centum of
34 the aggregate amount projected to be disbursed from the general fund
35 during the fiscal year immediately following the then-current fiscal
36 year, in which event such transfer shall be limited to such amount as
37 will increase the rainy day reserve fund to such [fifteen] twenty per
38 centum limitation.
39 § 26. Notwithstanding any other law, rule, or regulation to the
40 contrary, the state comptroller is hereby authorized and directed to use
41 any balance remaining in the mental health services fund debt service
42 appropriation, after payment by the state comptroller of all obligations
43 required pursuant to any lease, sublease, or other financing arrangement
44 between the dormitory authority of the state of New York as successor to
45 the New York state medical care facilities finance agency, and the
46 facilities development corporation pursuant to chapter 83 of the laws of
47 1995 and the department of mental hygiene for the purpose of making
48 payments to the dormitory authority of the state of New York for the
49 amount of the earnings for the investment of monies deposited in the
50 mental health services fund that such agency determines will or may have
51 to be rebated to the federal government pursuant to the provisions of
52 the internal revenue code of 1986, as amended, in order to enable such
53 agency to maintain the exemption from federal income taxation on the
54 interest paid to the holders of such agency's mental services facilities
55 improvement revenue bonds. Annually on or before each June 30th, such
56 agency shall certify to the state comptroller its determination of the
A. 3009--B 97
1 amounts received in the mental health services fund as a result of the
2 investment of monies deposited therein that will or may have to be
3 rebated to the federal government pursuant to the provisions of the
4 internal revenue code of 1986, as amended.
5 § 27. Subdivision 1 of section 16 of part D of chapter 389 of the laws
6 of 1997, relating to the financing of the correctional facilities
7 improvement fund and the youth facility improvement fund, as amended by
8 section 30 of part FFF of chapter 56 of the laws of 2022, is amended to
9 read as follows:
10 1. Subject to the provisions of chapter 59 of the laws of 2000, but
11 notwithstanding the provisions of section 18 of section 1 of chapter 174
12 of the laws of 1968, the New York state urban development corporation is
13 hereby authorized to issue bonds, notes and other obligations in an
14 aggregate principal amount not to exceed [nine billion five hundred two
15 million seven hundred thirty-nine thousand dollars $9,502,739,000] nine
16 billion eight hundred sixty-five million eight hundred fifty-nine thou-
17 sand dollars $9,865,859,000, and shall include all bonds, notes and
18 other obligations issued pursuant to chapter 56 of the laws of 1983, as
19 amended or supplemented. The proceeds of such bonds, notes or other
20 obligations shall be paid to the state, for deposit in the correctional
21 facilities capital improvement fund to pay for all or any portion of the
22 amount or amounts paid by the state from appropriations or reappropri-
23 ations made to the department of corrections and community supervision
24 from the correctional facilities capital improvement fund for capital
25 projects. The aggregate amount of bonds, notes or other obligations
26 authorized to be issued pursuant to this section shall exclude bonds,
27 notes or other obligations issued to refund or otherwise repay bonds,
28 notes or other obligations theretofore issued, the proceeds of which
29 were paid to the state for all or a portion of the amounts expended by
30 the state from appropriations or reappropriations made to the department
31 of corrections and community supervision; provided, however, that upon
32 any such refunding or repayment the total aggregate principal amount of
33 outstanding bonds, notes or other obligations may be greater than [nine
34 billion five hundred two million seven hundred thirty-nine thousand
35 dollars $9,502,739,000] nine billion eight hundred sixty-five million
36 eight hundred fifty-nine thousand dollars $9,865,859,000, only if the
37 present value of the aggregate debt service of the refunding or repay-
38 ment bonds, notes or other obligations to be issued shall not exceed the
39 present value of the aggregate debt service of the bonds, notes or other
40 obligations so to be refunded or repaid. For the purposes hereof, the
41 present value of the aggregate debt service of the refunding or repay-
42 ment bonds, notes or other obligations and of the aggregate debt service
43 of the bonds, notes or other obligations so refunded or repaid, shall be
44 calculated by utilizing the effective interest rate of the refunding or
45 repayment bonds, notes or other obligations, which shall be that rate
46 arrived at by doubling the semi-annual interest rate (compounded semi-
47 annually) necessary to discount the debt service payments on the refund-
48 ing or repayment bonds, notes or other obligations from the payment
49 dates thereof to the date of issue of the refunding or repayment bonds,
50 notes or other obligations and to the price bid including estimated
51 accrued interest or proceeds received by the corporation including esti-
52 mated accrued interest from the sale thereof.
53 § 28. Subdivision (a) of section 27 of part Y of chapter 61 of the
54 laws of 2005, relating to providing for the administration of certain
55 funds and accounts related to the 2005-2006 budget, as amended by
A. 3009--B 98
1 section 31 of part FFF of chapter 56 of the laws of 2022, is amended to
2 read as follows:
3 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
4 notwithstanding any provisions of law to the contrary, the urban devel-
5 opment corporation is hereby authorized to issue bonds or notes in one
6 or more series in an aggregate principal amount not to exceed [four
7 hundred twenty-six million one hundred thousand dollars $426,100,000]
8 five hundred thirty-eight million one hundred thousand dollars
9 $538,100,000, excluding bonds issued to finance one or more debt service
10 reserve funds, to pay costs of issuance of such bonds, and bonds or
11 notes issued to refund or otherwise repay such bonds or notes previously
12 issued, for the purpose of financing capital projects including IT
13 initiatives for the division of state police, debt service and leases;
14 and to reimburse the state general fund for disbursements made therefor.
15 Such bonds and notes of such authorized issuer shall not be a debt of
16 the state, and the state shall not be liable thereon, nor shall they be
17 payable out of any funds other than those appropriated by the state to
18 such authorized issuer for debt service and related expenses pursuant to
19 any service contract executed pursuant to subdivision (b) of this
20 section and such bonds and notes shall contain on the face thereof a
21 statement to such effect. Except for purposes of complying with the
22 internal revenue code, any interest income earned on bond proceeds shall
23 only be used to pay debt service on such bonds.
24 § 29. Subdivision 3 of section 1285-p of the public authorities law,
25 as amended by section 32 of part FFF of chapter 56 of the laws of 2022,
26 is amended to read as follows:
27 3. The maximum amount of bonds that may be issued for the purpose of
28 financing environmental infrastructure projects authorized by this
29 section shall be [eight billion one hundred seventy-one million one
30 hundred ten thousand dollars $8,171,110,000] nine billion five hundred
31 three million seven hundred ten thousand dollars $9,503,710,000, exclu-
32 sive of bonds issued to fund any debt service reserve funds, pay costs
33 of issuance of such bonds, and bonds or notes issued to refund or other-
34 wise repay bonds or notes previously issued. Such bonds and notes of the
35 corporation shall not be a debt of the state, and the state shall not be
36 liable thereon, nor shall they be payable out of any funds other than
37 those appropriated by the state to the corporation for debt service and
38 related expenses pursuant to any service contracts executed pursuant to
39 subdivision one of this section, and such bonds and notes shall contain
40 on the face thereof a statement to such effect.
41 § 30. Subdivision (a) of section 48 of part K of chapter 81 of the
42 laws of 2002, relating to providing for the administration of certain
43 funds and accounts related to the 2002-2003 budget, as amended by
44 section 33 of part FFF of chapter 56 of the laws of 2022, is amended to
45 read as follows:
46 (a) Subject to the provisions of chapter 59 of the laws of 2000 but
47 notwithstanding the provisions of section 18 of the urban development
48 corporation act, the corporation is hereby authorized to issue bonds or
49 notes in one or more series in an aggregate principal amount not to
50 exceed [three hundred eighty-three million five hundred thousand dollars
51 $383,500,000] four hundred seventy-six million five hundred thousand
52 dollars $476,500,000, excluding bonds issued to fund one or more debt
53 service reserve funds, to pay costs of issuance of such bonds, and bonds
54 or notes issued to refund or otherwise repay such bonds or notes previ-
55 ously issued, for the purpose of financing capital costs related to
56 homeland security and training facilities for the division of state
A. 3009--B 99
1 police, the division of military and naval affairs, and any other state
2 agency, including the reimbursement of any disbursements made from the
3 state capital projects fund, and is hereby authorized to issue bonds or
4 notes in one or more series in an aggregate principal amount not to
5 exceed [one billion six hundred four million nine hundred eighty-six
6 thousand dollars $1,604,986,000] one billion seven hundred ten million
7 eighty-six thousand dollars $1,710,086,000, excluding bonds issued to
8 fund one or more debt service reserve funds, to pay costs of issuance of
9 such bonds, and bonds or notes issued to refund or otherwise repay such
10 bonds or notes previously issued, for the purpose of financing improve-
11 ments to State office buildings and other facilities located statewide,
12 including the reimbursement of any disbursements made from the state
13 capital projects fund. Such bonds and notes of the corporation shall not
14 be a debt of the state, and the state shall not be liable thereon, nor
15 shall they be payable out of any funds other than those appropriated by
16 the state to the corporation for debt service and related expenses
17 pursuant to any service contracts executed pursuant to subdivision (b)
18 of this section, and such bonds and notes shall contain on the face
19 thereof a statement to such effect.
20 § 31. Paragraph (c) of subdivision 19 of section 1680 of the public
21 authorities law, as amended by section 34 of part FFF of chapter 56 of
22 the laws of 2022, is amended to read as follows:
23 (c) Subject to the provisions of chapter fifty-nine of the laws of two
24 thousand, the dormitory authority shall not issue any bonds for state
25 university educational facilities purposes if the principal amount of
26 bonds to be issued when added to the aggregate principal amount of bonds
27 issued by the dormitory authority on and after July first, nineteen
28 hundred eighty-eight for state university educational facilities will
29 exceed [sixteen billion six hundred eleven million five hundred sixty-
30 four thousand dollars $16,611,564,000] eighteen billion five hundred
31 million sixty-four thousand dollars $18,500,064,000; provided, however,
32 that bonds issued or to be issued shall be excluded from such limitation
33 if: (1) such bonds are issued to refund state university construction
34 bonds and state university construction notes previously issued by the
35 housing finance agency; or (2) such bonds are issued to refund bonds of
36 the authority or other obligations issued for state university educa-
37 tional facilities purposes and the present value of the aggregate debt
38 service on the refunding bonds does not exceed the present value of the
39 aggregate debt service on the bonds refunded thereby; provided, further
40 that upon certification by the director of the budget that the issuance
41 of refunding bonds or other obligations issued between April first,
42 nineteen hundred ninety-two and March thirty-first, nineteen hundred
43 ninety-three will generate long term economic benefits to the state, as
44 assessed on a present value basis, such issuance will be deemed to have
45 met the present value test noted above. For purposes of this subdivi-
46 sion, the present value of the aggregate debt service of the refunding
47 bonds and the aggregate debt service of the bonds refunded, shall be
48 calculated by utilizing the true interest cost of the refunding bonds,
49 which shall be that rate arrived at by doubling the semi-annual interest
50 rate (compounded semi-annually) necessary to discount the debt service
51 payments on the refunding bonds from the payment dates thereof to the
52 date of issue of the refunding bonds to the purchase price of the
53 refunding bonds, including interest accrued thereon prior to the issu-
54 ance thereof. The maturity of such bonds, other than bonds issued to
55 refund outstanding bonds, shall not exceed the weighted average economic
56 life, as certified by the state university construction fund, of the
A. 3009--B 100
1 facilities in connection with which the bonds are issued, and in any
2 case not later than the earlier of thirty years or the expiration of the
3 term of any lease, sublease or other agreement relating thereto;
4 provided that no note, including renewals thereof, shall mature later
5 than five years after the date of issuance of such note. The legislature
6 reserves the right to amend or repeal such limit, and the state of New
7 York, the dormitory authority, the state university of New York, and the
8 state university construction fund are prohibited from covenanting or
9 making any other agreements with or for the benefit of bondholders which
10 might in any way affect such right.
11 § 32. Paragraph (c) of subdivision 14 of section 1680 of the public
12 authorities law, as amended by section 35 of part FFF of chapter 56 of
13 the laws of 2022, is amended to read as follows:
14 (c) Subject to the provisions of chapter fifty-nine of the laws of two
15 thousand, (i) the dormitory authority shall not deliver a series of
16 bonds for city university community college facilities, except to refund
17 or to be substituted for or in lieu of other bonds in relation to city
18 university community college facilities pursuant to a resolution of the
19 dormitory authority adopted before July first, nineteen hundred eighty-
20 five or any resolution supplemental thereto, if the principal amount of
21 bonds so to be issued when added to all principal amounts of bonds
22 previously issued by the dormitory authority for city university commu-
23 nity college facilities, except to refund or to be substituted in lieu
24 of other bonds in relation to city university community college facili-
25 ties will exceed the sum of four hundred twenty-five million dollars and
26 (ii) the dormitory authority shall not deliver a series of bonds issued
27 for city university facilities, including community college facilities,
28 pursuant to a resolution of the dormitory authority adopted on or after
29 July first, nineteen hundred eighty-five, except to refund or to be
30 substituted for or in lieu of other bonds in relation to city university
31 facilities and except for bonds issued pursuant to a resolution supple-
32 mental to a resolution of the dormitory authority adopted prior to July
33 first, nineteen hundred eighty-five, if the principal amount of bonds so
34 to be issued when added to the principal amount of bonds previously
35 issued pursuant to any such resolution, except bonds issued to refund or
36 to be substituted for or in lieu of other bonds in relation to city
37 university facilities, will exceed [ten billion two hundred fifty-four
38 million six hundred eighty-six thousand dollars $10,254,686,000] eleven
39 billion four hundred thirty-three million one hundred fifty-two thousand
40 dollars $11,433,152,000. The legislature reserves the right to amend or
41 repeal such limit, and the state of New York, the dormitory authority,
42 the city university, and the fund are prohibited from covenanting or
43 making any other agreements with or for the benefit of bondholders which
44 might in any way affect such right.
45 § 33. Subdivision 10-a of section 1680 of the public authorities law,
46 as amended by section 36 of part FFF of chapter 56 of the laws of 2022,
47 is amended to read as follows:
48 10-a. Subject to the provisions of chapter fifty-nine of the laws of
49 two thousand, but notwithstanding any other provision of the law to the
50 contrary, the maximum amount of bonds and notes to be issued after March
51 thirty-first, two thousand two, on behalf of the state, in relation to
52 any locally sponsored community college, shall be [one billion one
53 hundred twenty-three million one hundred forty thousand dollars
54 $1,123,140,000] one billion two hundred twenty-seven million ninety-
55 five thousand dollars $1,227,095,000. Such amount shall be exclusive of
56 bonds and notes issued to fund any reserve fund or funds, costs of issu-
A. 3009--B 101
1 ance and to refund any outstanding bonds and notes, issued on behalf of
2 the state, relating to a locally sponsored community college.
3 § 34. Subdivision 1 of section 17 of part D of chapter 389 of the laws
4 of 1997, relating to the financing of the correctional facilities
5 improvement fund and the youth facility improvement fund, as amended by
6 section 37 of part FFF of chapter 56 of the laws of 2022, is amended to
7 read as follows:
8 1. Subject to the provisions of chapter 59 of the laws of 2000, but
9 notwithstanding the provisions of section 18 of section 1 of chapter 174
10 of the laws of 1968, the New York state urban development corporation is
11 hereby authorized to issue bonds, notes and other obligations in an
12 aggregate principal amount not to exceed [nine hundred sixty-two million
13 seven hundred fifteen thousand dollars $962,715,000] one billion four-
14 teen million seven hundred thirty-five thousand dollars $1,014,735,000,
15 which authorization increases the aggregate principal amount of bonds,
16 notes and other obligations authorized by section 40 of chapter 309 of
17 the laws of 1996, and shall include all bonds, notes and other obli-
18 gations issued pursuant to chapter 211 of the laws of 1990, as amended
19 or supplemented. The proceeds of such bonds, notes or other obligations
20 shall be paid to the state, for deposit in the youth facilities improve-
21 ment fund or the capital projects fund, to pay for all or any portion of
22 the amount or amounts paid by the state from appropriations or reappro-
23 priations made to the office of children and family services from the
24 youth facilities improvement fund for capital projects. The aggregate
25 amount of bonds, notes and other obligations authorized to be issued
26 pursuant to this section shall exclude bonds, notes or other obligations
27 issued to refund or otherwise repay bonds, notes or other obligations
28 theretofore issued, the proceeds of which were paid to the state for all
29 or a portion of the amounts expended by the state from appropriations or
30 reappropriations made to the office of children and family services;
31 provided, however, that upon any such refunding or repayment the total
32 aggregate principal amount of outstanding bonds, notes or other obli-
33 gations may be greater than [nine hundred sixty-two million seven
34 hundred fifteen thousand dollars $962,715,000] one billion fourteen
35 million seven hundred thirty-five thousand dollars $1,014,735,000, only
36 if the present value of the aggregate debt service of the refunding or
37 repayment bonds, notes or other obligations to be issued shall not
38 exceed the present value of the aggregate debt service of the bonds,
39 notes or other obligations so to be refunded or repaid. For the purposes
40 hereof, the present value of the aggregate debt service of the refunding
41 or repayment bonds, notes or other obligations and of the aggregate debt
42 service of the bonds, notes or other obligations so refunded or repaid,
43 shall be calculated by utilizing the effective interest rate of the
44 refunding or repayment bonds, notes or other obligations, which shall be
45 that rate arrived at by doubling the semi-annual interest rate
46 (compounded semi-annually) necessary to discount the debt service
47 payments on the refunding or repayment bonds, notes or other obligations
48 from the payment dates thereof to the date of issue of the refunding or
49 repayment bonds, notes or other obligations and to the price bid includ-
50 ing estimated accrued interest or proceeds received by the corporation
51 including estimated accrued interest from the sale thereof.
52 § 35. Paragraph b of subdivision 2 of section 9-a of section 1 of
53 chapter 392 of the laws of 1973, constituting the New York state medical
54 care facilities finance agency act, as amended by section 38 of part FFF
55 of chapter 56 of the laws of 2022, is amended to read as follows:
A. 3009--B 102
1 b. The agency shall have power and is hereby authorized from time to
2 time to issue negotiable bonds and notes in conformity with applicable
3 provisions of the uniform commercial code in such principal amount as,
4 in the opinion of the agency, shall be necessary, after taking into
5 account other moneys which may be available for the purpose, to provide
6 sufficient funds to the facilities development corporation, or any
7 successor agency, for the financing or refinancing of or for the design,
8 construction, acquisition, reconstruction, rehabilitation or improvement
9 of mental health services facilities pursuant to paragraph a of this
10 subdivision, the payment of interest on mental health services improve-
11 ment bonds and mental health services improvement notes issued for such
12 purposes, the establishment of reserves to secure such bonds and notes,
13 the cost or premium of bond insurance or the costs of any financial
14 mechanisms which may be used to reduce the debt service that would be
15 payable by the agency on its mental health services facilities improve-
16 ment bonds and notes and all other expenditures of the agency incident
17 to and necessary or convenient to providing the facilities development
18 corporation, or any successor agency, with funds for the financing or
19 refinancing of or for any such design, construction, acquisition, recon-
20 struction, rehabilitation or improvement and for the refunding of mental
21 hygiene improvement bonds issued pursuant to section 47-b of the private
22 housing finance law; provided, however, that the agency shall not issue
23 mental health services facilities improvement bonds and mental health
24 services facilities improvement notes in an aggregate principal amount
25 exceeding [ten billion nine hundred forty-two million eight hundred
26 thirty-three thousand dollars $10,942,833,000] twelve billion four
27 hundred nine million one hundred fifty-seven thousand dollars
28 $12,409,157,000, excluding mental health services facilities improvement
29 bonds and mental health services facilities improvement notes issued to
30 refund outstanding mental health services facilities improvement bonds
31 and mental health services facilities improvement notes; provided,
32 however, that upon any such refunding or repayment of mental health
33 services facilities improvement bonds and/or mental health services
34 facilities improvement notes the total aggregate principal amount of
35 outstanding mental health services facilities improvement bonds and
36 mental health facilities improvement notes may be greater than [ten
37 billion nine hundred forty-two million eight hundred thirty-three thou-
38 sand dollars $10,942,833,000] twelve million four hundred nine million
39 one hundred fifty-seven thousand dollars $12,409,157,000, only if,
40 except as hereinafter provided with respect to mental health services
41 facilities bonds and mental health services facilities notes issued to
42 refund mental hygiene improvement bonds authorized to be issued pursuant
43 to the provisions of section 47-b of the private housing finance law,
44 the present value of the aggregate debt service of the refunding or
45 repayment bonds to be issued shall not exceed the present value of the
46 aggregate debt service of the bonds to be refunded or repaid. For
47 purposes hereof, the present values of the aggregate debt service of the
48 refunding or repayment bonds, notes or other obligations and of the
49 aggregate debt service of the bonds, notes or other obligations so
50 refunded or repaid, shall be calculated by utilizing the effective
51 interest rate of the refunding or repayment bonds, notes or other obli-
52 gations, which shall be that rate arrived at by doubling the semi-annual
53 interest rate (compounded semi-annually) necessary to discount the debt
54 service payments on the refunding or repayment bonds, notes or other
55 obligations from the payment dates thereof to the date of issue of the
56 refunding or repayment bonds, notes or other obligations and to the
A. 3009--B 103
1 price bid including estimated accrued interest or proceeds received by
2 the authority including estimated accrued interest from the sale there-
3 of. Such bonds, other than bonds issued to refund outstanding bonds,
4 shall be scheduled to mature over a term not to exceed the average
5 useful life, as certified by the facilities development corporation, of
6 the projects for which the bonds are issued, and in any case shall not
7 exceed thirty years and the maximum maturity of notes or any renewals
8 thereof shall not exceed five years from the date of the original issue
9 of such notes. Notwithstanding the provisions of this section, the agen-
10 cy shall have the power and is hereby authorized to issue mental health
11 services facilities improvement bonds and/or mental health services
12 facilities improvement notes to refund outstanding mental hygiene
13 improvement bonds authorized to be issued pursuant to the provisions of
14 section 47-b of the private housing finance law and the amount of bonds
15 issued or outstanding for such purposes shall not be included for
16 purposes of determining the amount of bonds issued pursuant to this
17 section. The director of the budget shall allocate the aggregate princi-
18 pal authorized to be issued by the agency among the office of mental
19 health, office for people with developmental disabilities, and the
20 office of addiction services and supports, in consultation with their
21 respective commissioners to finance bondable appropriations previously
22 approved by the legislature.
23 § 36. Subdivision (a) of section 28 of part Y of chapter 61 of the
24 laws of 2005, relating to providing for the administration of certain
25 funds and accounts related to the 2005-2006 budget, as amended by
26 section 39 of part FFF of chapter 56 of the laws of 2022, is amended to
27 read as follows:
28 (a) Subject to the provisions of chapter 59 of the laws of 2000, but
29 notwithstanding any provisions of law to the contrary, one or more
30 authorized issuers as defined by section 68-a of the state finance law
31 are hereby authorized to issue bonds or notes in one or more series in
32 an aggregate principal amount not to exceed [one hundred ninety-seven
33 million dollars $197,000,000] two hundred forty-seven million dollars
34 $247,000,000, excluding bonds issued to finance one or more debt service
35 reserve funds, to pay costs of issuance of such bonds, and bonds or
36 notes issued to refund or otherwise repay such bonds or notes previously
37 issued, for the purpose of financing capital projects for public
38 protection facilities in the Division of Military and Naval Affairs,
39 debt service and leases; and to reimburse the state general fund for
40 disbursements made therefor. Such bonds and notes of such authorized
41 issuer shall not be a debt of the state, and the state shall not be
42 liable thereon, nor shall they be payable out of any funds other than
43 those appropriated by the state to such authorized issuer for debt
44 service and related expenses pursuant to any service contract executed
45 pursuant to subdivision (b) of this section and such bonds and notes
46 shall contain on the face thereof a statement to such effect. Except for
47 purposes of complying with the internal revenue code, any interest
48 income earned on bond proceeds shall only be used to pay debt service on
49 such bonds.
50 § 37. Section 53 of section 1 of chapter 174 of the laws of 1968,
51 constituting the New York state urban development corporation act, as
52 amended by section 40 of part FFF of chapter 56 of the laws of 2022, is
53 amended to read as follows:
54 § 53. 1. Notwithstanding the provisions of any other law to the
55 contrary, the dormitory authority and the urban development corporation
56 are hereby authorized to issue bonds or notes in one or more series for
A. 3009--B 104
1 the purpose of funding project costs for the acquisition of equipment,
2 including but not limited to the creation or modernization of informa-
3 tion technology systems and related research and development equipment,
4 health and safety equipment, heavy equipment and machinery, the creation
5 or improvement of security systems, and laboratory equipment and other
6 state costs associated with such capital projects. The aggregate princi-
7 pal amount of bonds authorized to be issued pursuant to this section
8 shall not exceed [three hundred ninety-three million dollars
9 $393,000,000] five hundred sixty-eight million dollars $568,000,000,
10 excluding bonds issued to fund one or more debt service reserve funds,
11 to pay costs of issuance of such bonds, and bonds or notes issued to
12 refund or otherwise repay such bonds or notes previously issued. Such
13 bonds and notes of the dormitory authority and the urban development
14 corporation shall not be a debt of the state, and the state shall not be
15 liable thereon, nor shall they be payable out of any funds other than
16 those appropriated by the state to the dormitory authority and the urban
17 development corporation for principal, interest, and related expenses
18 pursuant to a service contract and such bonds and notes shall contain on
19 the face thereof a statement to such effect. Except for purposes of
20 complying with the internal revenue code, any interest income earned on
21 bond proceeds shall only be used to pay debt service on such bonds.
22 2. Notwithstanding any other provision of law to the contrary, in
23 order to assist the dormitory authority and the urban development corpo-
24 ration in undertaking the financing for project costs for the acquisi-
25 tion of equipment, including but not limited to the creation or modern-
26 ization of information technology systems and related research and
27 development equipment, health and safety equipment, heavy equipment and
28 machinery, the creation or improvement of security systems, and labora-
29 tory equipment and other state costs associated with such capital
30 projects, the director of the budget is hereby authorized to enter into
31 one or more service contracts with the dormitory authority and the urban
32 development corporation, none of which shall exceed thirty years in
33 duration, upon such terms and conditions as the director of the budget
34 and the dormitory authority and the urban development corporation agree,
35 so as to annually provide to the dormitory authority and the urban
36 development corporation, in the aggregate, a sum not to exceed the prin-
37 cipal, interest, and related expenses required for such bonds and notes.
38 Any service contract entered into pursuant to this section shall provide
39 that the obligation of the state to pay the amount therein provided
40 shall not constitute a debt of the state within the meaning of any
41 constitutional or statutory provision and shall be deemed executory only
42 to the extent of monies available and that no liability shall be
43 incurred by the state beyond the monies available for such purpose,
44 subject to annual appropriation by the legislature. Any such contract or
45 any payments made or to be made thereunder may be assigned and pledged
46 by the dormitory authority and the urban development corporation as
47 security for its bonds and notes, as authorized by this section.
48 § 38. Subdivision (b) of section 11 of chapter 329 of the laws of
49 1991, amending the state finance law and other laws relating to the
50 establishment of the dedicated highway and bridge trust fund, as amended
51 by section 41 of part FFF of chapter 56 of the laws of 2022, is amended
52 to read as follows:
53 (b) Any service contract or contracts for projects authorized pursuant
54 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
55 14-k of the transportation law, and entered into pursuant to subdivision
56 (a) of this section, shall provide for state commitments to provide
A. 3009--B 105
1 annually to the thruway authority a sum or sums, upon such terms and
2 conditions as shall be deemed appropriate by the director of the budget,
3 to fund, or fund the debt service requirements of any bonds or any obli-
4 gations of the thruway authority issued to fund or to reimburse the
5 state for funding such projects having a cost not in excess of [thirteen
6 billion fifty-three million eight hundred eighty-one thousand dollars
7 $13,053,881,000] thirteen billion nine hundred forty-seven million two
8 hundred thirty-four thousand dollars $13,947,234,000 cumulatively by the
9 end of fiscal year [2022-23] 2023-24. For purposes of this subdivision,
10 such projects shall be deemed to include capital grants to cities, towns
11 and villages for the reimbursement of eligible capital costs of local
12 highway and bridge projects within such municipality, where allocations
13 to cities, towns and villages are based on the total number of New York
14 or United States or interstate signed touring route miles for which such
15 municipality has capital maintenance responsibility, and where such
16 eligible capital costs include the costs of construction and repair of
17 highways, bridges, highway-railroad crossings, and other transportation
18 facilities for projects with a service life of ten years or more.
19 § 39. Subdivision 1 of section 1689-i of the public authorities law,
20 as amended by section 42 of part FFF of chapter 56 of the laws of 2022,
21 is amended to read as follows:
22 1. The dormitory authority is authorized to issue bonds, at the
23 request of the commissioner of education, to finance eligible library
24 construction projects pursuant to section two hundred seventy-three-a of
25 the education law, in amounts certified by such commissioner not to
26 exceed a total principal amount of [three hundred thirty-three million
27 dollars $333,000,000] three hundred eighty-seven million dollars
28 $387,000,000.
29 § 40. Section 44 of section 1 of chapter 174 of the laws of 1968,
30 constituting the New York state urban development corporation act, as
31 amended by section 43 of part FFF of chapter 56 of the laws of 2022, is
32 amended to read as follows:
33 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the
34 provisions of any other law to the contrary, the dormitory authority and
35 the corporation are hereby authorized to issue bonds or notes in one or
36 more series for the purpose of funding project costs for the regional
37 economic development council initiative, the economic transformation
38 program, state university of New York college for nanoscale and science
39 engineering, projects within the city of Buffalo or surrounding envi-
40 rons, the New York works economic development fund, projects for the
41 retention of professional football in western New York, the empire state
42 economic development fund, the clarkson-trudeau partnership, the New
43 York genome center, the cornell university college of veterinary medi-
44 cine, the olympic regional development authority, projects at nano
45 Utica, onondaga county revitalization projects, Binghamton university
46 school of pharmacy, New York power electronics manufacturing consortium,
47 regional infrastructure projects, high tech innovation and economic
48 development infrastructure program, high technology manufacturing
49 projects in Chautauqua and Erie county, an industrial scale research and
50 development facility in Clinton county, upstate revitalization initi-
51 ative projects, downstate revitalization initiative, market New York
52 projects, fairground buildings, equipment or facilities used to house
53 and promote agriculture, the state fair, the empire state trail, the
54 moynihan station development project, the Kingsbridge armory project,
55 strategic economic development projects, the cultural, arts and public
56 spaces fund, water infrastructure in the city of Auburn and town of
A. 3009--B 106
1 Owasco, a life sciences laboratory public health initiative, not-for-
2 profit pounds, shelters and humane societies, arts and cultural facili-
3 ties improvement program, restore New York's communities initiative,
4 heavy equipment, economic development and infrastructure projects,
5 Roosevelt Island operating corporation capital projects, Lake Ontario
6 regional projects, Pennsylvania station and other transit projects,
7 athletic facilities for professional football in Orchard Park, New York
8 and other state costs associated with such projects. The aggregate prin-
9 cipal amount of bonds authorized to be issued pursuant to this section
10 shall not exceed [fourteen billion nine hundred sixty-eight million four
11 hundred two thousand dollars $14,968,402,000] seventeen billion six
12 hundred fifteen million six hundred two thousand dollars
13 $17,615,602,000, excluding bonds issued to fund one or more debt service
14 reserve funds, to pay costs of issuance of such bonds, and bonds or
15 notes issued to refund or otherwise repay such bonds or notes previously
16 issued. Such bonds and notes of the dormitory authority and the corpo-
17 ration shall not be a debt of the state, and the state shall not be
18 liable thereon, nor shall they be payable out of any funds other than
19 those appropriated by the state to the dormitory authority and the
20 corporation for principal, interest, and related expenses pursuant to a
21 service contract and such bonds and notes shall contain on the face
22 thereof a statement to such effect. Except for purposes of complying
23 with the internal revenue code, any interest income earned on bond
24 proceeds shall only be used to pay debt service on such bonds.
25 2. Notwithstanding any other provision of law to the contrary, in
26 order to assist the dormitory authority and the corporation in undertak-
27 ing the financing for project costs for the regional economic develop-
28 ment council initiative, the economic transformation program, state
29 university of New York college for nanoscale and science engineering,
30 projects within the city of Buffalo or surrounding environs, the New
31 York works economic development fund, projects for the retention of
32 professional football in western New York, the empire state economic
33 development fund, the clarkson-trudeau partnership, the New York genome
34 center, the cornell university college of veterinary medicine, the olym-
35 pic regional development authority, projects at nano Utica, onondaga
36 county revitalization projects, Binghamton university school of pharma-
37 cy, New York power electronics manufacturing consortium, regional
38 infrastructure projects, New York State Capital Assistance Program for
39 Transportation, infrastructure, and economic development, high tech
40 innovation and economic development infrastructure program, high tech-
41 nology manufacturing projects in Chautauqua and Erie county, an indus-
42 trial scale research and development facility in Clinton county, upstate
43 revitalization initiative projects, downstate revitalization initiative,
44 market New York projects, fairground buildings, equipment or facilities
45 used to house and promote agriculture, the state fair, the empire state
46 trail, the moynihan station development project, the Kingsbridge armory
47 project, strategic economic development projects, the cultural, arts and
48 public spaces fund, water infrastructure in the city of Auburn and town
49 of Owasco, a life sciences laboratory public health initiative, not-for-
50 profit pounds, shelters and humane societies, arts and cultural facili-
51 ties improvement program, restore New York's communities initiative,
52 heavy equipment, economic development and infrastructure projects,
53 Roosevelt Island operating corporation capital projects, Lake Ontario
54 regional projects, Pennsylvania station and other transit projects,
55 athletic facilities for professional football in Orchard Park, New York
56 and other state costs associated with such projects the director of the
A. 3009--B 107
1 budget is hereby authorized to enter into one or more service contracts
2 with the dormitory authority and the corporation, none of which shall
3 exceed thirty years in duration, upon such terms and conditions as the
4 director of the budget and the dormitory authority and the corporation
5 agree, so as to annually provide to the dormitory authority and the
6 corporation, in the aggregate, a sum not to exceed the principal, inter-
7 est, and related expenses required for such bonds and notes. Any service
8 contract entered into pursuant to this section shall provide that the
9 obligation of the state to pay the amount therein provided shall not
10 constitute a debt of the state within the meaning of any constitutional
11 or statutory provision and shall be deemed executory only to the extent
12 of monies available and that no liability shall be incurred by the state
13 beyond the monies available for such purpose, subject to annual appro-
14 priation by the legislature. Any such contract or any payments made or
15 to be made thereunder may be assigned and pledged by the dormitory
16 authority and the corporation as security for its bonds and notes, as
17 authorized by this section.
18 § 41. Subdivision 1 of section 386-b of the public authorities law, as
19 amended by section 44 of part FFF of chapter 56 of the laws of 2022, is
20 amended to read as follows:
21 1. Notwithstanding any other provision of law to the contrary, the
22 authority, the dormitory authority and the urban development corporation
23 are hereby authorized to issue bonds or notes in one or more series for
24 the purpose of financing peace bridge projects and capital costs of
25 state and local highways, parkways, bridges, the New York state thruway,
26 Indian reservation roads, and facilities, and transportation infrastruc-
27 ture projects including aviation projects, non-MTA mass transit
28 projects, and rail service preservation projects, including work appur-
29 tenant and ancillary thereto. The aggregate principal amount of bonds
30 authorized to be issued pursuant to this section shall not exceed [ten
31 billion one hundred forty-seven million eight hundred sixty-three thou-
32 sand dollars $10,147,863,000] twelve billion four hundred eight million
33 three hundred eleven thousand dollars $12,408,311,000, excluding bonds
34 issued to fund one or more debt service reserve funds, to pay costs of
35 issuance of such bonds, and to refund or otherwise repay such bonds or
36 notes previously issued. Such bonds and notes of the authority, the
37 dormitory authority and the urban development corporation shall not be a
38 debt of the state, and the state shall not be liable thereon, nor shall
39 they be payable out of any funds other than those appropriated by the
40 state to the authority, the dormitory authority and the urban develop-
41 ment corporation for principal, interest, and related expenses pursuant
42 to a service contract and such bonds and notes shall contain on the face
43 thereof a statement to such effect. Except for purposes of complying
44 with the internal revenue code, any interest income earned on bond
45 proceeds shall only be used to pay debt service on such bonds.
46 § 42. Paragraph (a) of subdivision 2 of section 47-e of the private
47 housing finance law, as amended by section 45 of part FFF of chapter 56
48 of the laws of 2022, is amended to read as follows:
49 (a) Subject to the provisions of chapter fifty-nine of the laws of two
50 thousand, in order to enhance and encourage the promotion of housing
51 programs and thereby achieve the stated purposes and objectives of such
52 housing programs, the agency shall have the power and is hereby author-
53 ized from time to time to issue negotiable housing program bonds and
54 notes in such principal amount as shall be necessary to provide suffi-
55 cient funds for the repayment of amounts disbursed (and not previously
56 reimbursed) pursuant to law or any prior year making capital appropri-
A. 3009--B 108
1 ations or reappropriations for the purposes of the housing program;
2 provided, however, that the agency may issue such bonds and notes in an
3 aggregate principal amount not exceeding [thirteen billion eighty-two
4 million eight hundred ninety-one thousand dollars $13,082,891,000] four-
5 teen billion four hundred sixty-three million seven hundred five thou-
6 sand dollars $14,463,705,000, plus a principal amount of bonds issued to
7 fund the debt service reserve fund in accordance with the debt service
8 reserve fund requirement established by the agency and to fund any other
9 reserves that the agency reasonably deems necessary for the security or
10 marketability of such bonds and to provide for the payment of fees and
11 other charges and expenses, including underwriters' discount, trustee
12 and rating agency fees, bond insurance, credit enhancement and liquidity
13 enhancement related to the issuance of such bonds and notes. No reserve
14 fund securing the housing program bonds shall be entitled or eligible to
15 receive state funds apportioned or appropriated to maintain or restore
16 such reserve fund at or to a particular level, except to the extent of
17 any deficiency resulting directly or indirectly from a failure of the
18 state to appropriate or pay the agreed amount under any of the contracts
19 provided for in subdivision four of this section.
20 § 43. Subdivision 1 of section 50 of section 1 of chapter 174 of the
21 laws of 1968, constituting the New York state urban development corpo-
22 ration act, as amended by section 46 of part FFF of chapter 56 of the
23 laws of 2022, is amended to read as follows:
24 1. Notwithstanding the provisions of any other law to the contrary,
25 the dormitory authority and the urban development corporation are hereby
26 authorized to issue bonds or notes in one or more series for the purpose
27 of funding project costs undertaken by or on behalf of the state educa-
28 tion department, special act school districts, state-supported schools
29 for the blind and deaf, approved private special education schools,
30 non-public schools, community centers, day care facilities, residential
31 camps, day camps, Native American Indian Nation schools, and other state
32 costs associated with such capital projects. The aggregate principal
33 amount of bonds authorized to be issued pursuant to this section shall
34 not exceed [three hundred one million seven hundred thousand dollars
35 $301,700,000] three hundred sixty-six million seven hundred ninety-nine
36 thousand dollars $366,799,000, excluding bonds issued to fund one or
37 more debt service reserve funds, to pay costs of issuance of such bonds,
38 and bonds or notes issued to refund or otherwise repay such bonds or
39 notes previously issued. Such bonds and notes of the dormitory authority
40 and the urban development corporation shall not be a debt of the state,
41 and the state shall not be liable thereon, nor shall they be payable out
42 of any funds other than those appropriated by the state to the dormitory
43 authority and the urban development corporation for principal, interest,
44 and related expenses pursuant to a service contract and such bonds and
45 notes shall contain on the face thereof a statement to such effect.
46 Except for purposes of complying with the internal revenue code, any
47 interest income earned on bond proceeds shall only be used to pay debt
48 service on such bonds.
49 § 44. Subdivision 1 of section 47 of section 1 of chapter 174 of the
50 laws of 1968, constituting the New York state urban development corpo-
51 ration act, as amended by section 47 of part FFF of chapter 56 of the
52 laws of 2022, is amended to read as follows:
53 1. Notwithstanding the provisions of any other law to the contrary,
54 the dormitory authority and the corporation are hereby authorized to
55 issue bonds or notes in one or more series for the purpose of funding
56 project costs for the office of information technology services, depart-
A. 3009--B 109
1 ment of law, and other state costs associated with such capital
2 projects. The aggregate principal amount of bonds authorized to be
3 issued pursuant to this section shall not exceed [one billion one
4 hundred fifty-two million five hundred sixty-six thousand dollars
5 $1,152,566,000] one billion two hundred eighty-eight million eight
6 hundred fifty-two thousand dollars $1,288,852,000, 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 corporation shall not be a debt of the
11 state, and the state shall not be liable thereon, nor shall they be
12 payable out of any funds other than those appropriated by the state to
13 the dormitory authority and the corporation for principal, interest, and
14 related expenses pursuant to a service contract and such bonds and notes
15 shall contain on the face thereof a statement to such effect. Except for
16 purposes of complying with the internal revenue code, any interest
17 income earned on bond proceeds shall only be used to pay debt service on
18 such bonds.
19 § 45. Paragraph (b) of subdivision 1 of section 385 of the public
20 authorities law, as amended by section 48 of part FFF of chapter 56 of
21 the laws of 2022, is amended to read as follows:
22 (b) The authority is hereby authorized, as additional corporate
23 purposes thereof solely upon the request of the director of the budget:
24 (i) to issue special emergency highway and bridge trust fund bonds and
25 notes for a term not to exceed thirty years and to incur obligations
26 secured by the moneys appropriated from the dedicated highway and bridge
27 trust fund established in section eighty-nine-b of the state finance
28 law; (ii) to make available the proceeds in accordance with instructions
29 provided by the director of the budget from the sale of such special
30 emergency highway and bridge trust fund bonds, notes or other obli-
31 gations, net of all costs to the authority in connection therewith, for
32 the purposes of financing all or a portion of the costs of activities
33 for which moneys in the dedicated highway and bridge trust fund estab-
34 lished in section eighty-nine-b of the state finance law are authorized
35 to be utilized or for the financing of disbursements made by the state
36 for the activities authorized pursuant to section eighty-nine-b of the
37 state finance law; and (iii) to enter into agreements with the commis-
38 sioner of transportation pursuant to section ten-e of the highway law
39 with respect to financing for any activities authorized pursuant to
40 section eighty-nine-b of the state finance law, or agreements with the
41 commissioner of transportation pursuant to sections ten-f and ten-g of
42 the highway law in connection with activities on state highways pursuant
43 to these sections, and (iv) to enter into service contracts, contracts,
44 agreements, deeds and leases with the director of the budget or the
45 commissioner of transportation and project sponsors and others to
46 provide for the financing by the authority of activities authorized
47 pursuant to section eighty-nine-b of the state finance law, and each of
48 the director of the budget and the commissioner of transportation are
49 hereby authorized to enter into service contracts, contracts, agree-
50 ments, deeds and leases with the authority, project sponsors or others
51 to provide for such financing. The authority shall not issue any bonds
52 or notes in an amount in excess of [nineteen billion seven hundred
53 seventy-six million nine hundred twenty thousand dollars
54 $19,776,920,000] twenty billion six hundred forty-eight million five
55 hundred seven thousand dollars $20,648,507,000, plus a principal amount
56 of bonds or notes: (A) to fund capital reserve funds; (B) to provide
A. 3009--B 110
1 capitalized interest; and, (C) to fund other costs of issuance. In
2 computing for the purposes of this subdivision, the aggregate amount of
3 indebtedness evidenced by bonds and notes of the authority issued pursu-
4 ant to this section, as amended by a chapter of the laws of nineteen
5 hundred ninety-six, there shall be excluded the amount of bonds or notes
6 issued that would constitute interest under the United States Internal
7 Revenue Code of 1986, as amended, and the amount of indebtedness issued
8 to refund or otherwise repay bonds or notes.
9 § 46. Subdivision 1 of section 1680-r of the public authorities law,
10 as amended by section 50 of part FFF of chapter 56 of the laws of 2022,
11 is amended to read as follows:
12 1. Notwithstanding the provisions of any other law to the contrary,
13 the dormitory authority and the urban development corporation are hereby
14 authorized to issue bonds or notes in one or more series for the purpose
15 of funding project costs for the capital restructuring financing program
16 for health care and related facilities licensed pursuant to the public
17 health law or the mental hygiene law and other state costs associated
18 with such capital projects, the health care facility transformation
19 programs, the essential health care provider program, and other health
20 care capital project costs. The aggregate principal amount of bonds
21 authorized to be issued pursuant to this section shall not exceed [four
22 billion six hundred fifty-three million dollars $4,653,000,000] five
23 billion one hundred fifty-three million dollars $5,153,000,000, exclud-
24 ing bonds issued to fund one or more debt service reserve funds, to pay
25 costs of issuance of such bonds, and bonds or notes issued to refund or
26 otherwise repay such bonds or notes previously issued. Such bonds and
27 notes of the dormitory authority and the urban development corporation
28 shall not be a debt of the state, and the state shall not be liable
29 thereon, nor shall they be payable out of any funds other than those
30 appropriated by the state to the dormitory authority and the urban
31 development corporation for principal, interest, and related expenses
32 pursuant to a service contract and such bonds and notes shall contain on
33 the face thereof a statement to such effect. Except for purposes of
34 complying with the internal revenue code, any interest income earned on
35 bond proceeds shall only be used to pay debt service on such bonds.
36 § 47. Subdivision 1 of section 1680-k of the public authorities law,
37 as amended by section 51 of part FFF of chapter 56 of the laws of 2022,
38 is amended to read as follows:
39 1. Subject to the provisions of chapter fifty-nine of the laws of two
40 thousand, but notwithstanding any provisions of law to the contrary, the
41 dormitory authority is hereby authorized to issue bonds or notes in one
42 or more series in an aggregate principal amount not to exceed [forty
43 million eight hundred thirty thousand dollars ($40,830,000)] forty
44 million nine hundred forty-five thousand dollars $40,945,000, excluding
45 bonds issued to finance one or more debt service reserve funds, to pay
46 costs of issuance of such bonds, and bonds or notes issued to refund or
47 otherwise repay such bonds or notes previously issued, for the purpose
48 of financing the construction of the New York state agriculture and
49 markets food laboratory. Eligible project costs may include, but not be
50 limited to the cost of design, financing, site investigations, site
51 acquisition and preparation, demolition, construction, rehabilitation,
52 acquisition of machinery and equipment, and infrastructure improvements.
53 Such bonds and notes of such authorized issuers shall not be a debt of
54 the state, and the state shall not be liable thereon, nor shall they be
55 payable out of any funds other than those appropriated by the state to
56 such authorized issuers for debt service and related expenses pursuant
A. 3009--B 111
1 to any service contract executed pursuant to subdivision two of this
2 section and such bonds and notes shall contain on the face thereof a
3 statement to such effect. Except for purposes of complying with the
4 internal revenue code, any interest income earned on bond proceeds shall
5 only be used to pay debt service on such bonds.
6 § 48. Intentionally omitted.
7 § 49. Intentionally omitted.
8 § 50. Subdivision 2 of section 58 of section 1 of chapter 174 of the
9 laws of 1968, constituting the New York state urban development corpo-
10 ration act, as added by section 56 of part FFF of chapter 56 of the laws
11 of 2022, is amended to read as follows:
12 2. Definitions. When used in this section:
13 (a) "Commission" shall mean the gateway development commission, a
14 bi-state commission and a body corporate and politic established by the
15 state of New Jersey and the state of New York, acting in the public
16 interest and exercising essential governmental functions in accordance
17 with the Gateway development commission act, and any successor thereto.
18 (b) "Federal transportation loan" shall mean one or more loans made to
19 the commission to finance the Hudson tunnel project under or pursuant to
20 any U.S. Department of Transportation program or act, including but not
21 limited to the Railroad Rehabilitation & Improvement Financing Program
22 or the Transportation Infrastructure Finance and Innovation Act, which
23 loan or loans are related to the state capital commitment.
24 (c) "Gateway development commission act" shall mean chapter 108 of the
25 laws of New York, 2019, as amended.
26 (d) "Gateway project" shall mean the Hudson tunnel project.
27 (e) "Hudson tunnel project" shall mean the project consisting of
28 construction of a tunnel connecting the states of New York and New
29 Jersey and the completion of certain ancillary facilities including
30 construction of concrete casing at Hudson Yards in Manhattan, New York
31 and the rehabilitation of the existing North River Tunnels.
32 (f) "State capital commitment" shall mean an aggregate principal
33 amount not to exceed [$2,350,000,000] $2,850,000,000, plus any interest
34 costs, including capitalized interest, and related expenses and fees
35 payable by the state of New York to the commission under one or more
36 service contracts or other agreements pursuant to this section, as well
37 as any expenses of the state incurred in connection therewith.
38 (g) "Related expenses and fees" shall mean commitment fees and other
39 ancillary costs, expenses and fees incurred, and to become due and paya-
40 ble, by the commission in connection with the Federal transportation
41 loan.
42 § 51. Notwithstanding any law to the contrary, the comptroller is
43 hereby authorized and directed to transfer, upon request of the director
44 of the budget, on or before March 31, 2024 the following amounts from
45 the following special revenue accounts or enterprise funds to the gener-
46 al fund, for the purposes of offsetting principal and interest costs,
47 incurred by the state pursuant to section fifty-three of this act,
48 provided that the annual amount of the transfer shall be no more than
49 the principal and interest that would have otherwise been due to the
50 power authority of the state of New York, from any state agency, in a
51 given state fiscal year. Amounts pertaining to special revenue accounts
52 assigned to the state university of New York shall be considered inter-
53 changeable between the designated special revenue accounts as to meet
54 the requirements of this section and section fifty-three of this act:
55 1. $15,000,000 from the miscellaneous special revenue fund, state
56 university general income reimbursable account (22653).
A. 3009--B 112
1 2. $5,000,000 from the miscellaneous special revenue fund, state
2 university dormitory income reimbursable account (21937).
3 3. $5,000,000 from the enterprise fund, city university senior college
4 operating fund (60851).
5 § 52. Section 59 of section 1 of chapter 174 of the laws of 1968,
6 constituting the New York state urban development corporation act, as
7 added by section 59 of part FFF of chapter 56 of the laws of 2022, is
8 amended to read as follows:
9 § 59. The dormitory authority of the state of New York, the New York
10 state urban development corporation, and the New York state thruway
11 authority are hereby authorized to issue bonds in one or more series
12 under either article 5-C or article 5-F of the state finance law for the
13 purpose of refunding obligations of the power authority of the state of
14 New York to fund energy efficiency projects at state agencies including,
15 but not limited to, the state university of New York, city university of
16 New York, the New York state office of general services, New York state
17 office of mental health, state education department, and New York state
18 department of agriculture and markets. The aggregate principal amount
19 of bonds authorized to be issued pursuant to this section shall not
20 exceed [two hundred million dollars ($200,000,000)] four hundred seven-
21 ty-five million dollars ($475,000,000), excluding bonds issued to pay
22 costs of issuance of such bonds and to refund or otherwise repay such
23 bonds. Such bonds issued by the dormitory authority of the state of New
24 York, the New York state urban development corporation, and New York
25 state thruway authority shall not be a debt of the state, and the state
26 shall not be liable thereon, nor shall they be payable out of any funds
27 other than those appropriated by the state under article 5-C or article
28 5-F of the state finance law, as applicable.
29 § 53. Subdivision 1 of section 386-a of the public authorities law, as
30 amended by section 49 of part FFF of chapter 56 of the laws of 2022, is
31 amended to read as follows:
32 1. Notwithstanding any other provision of law to the contrary, the
33 authority, the dormitory authority and the urban development corporation
34 are hereby authorized to issue bonds or notes in one or more series for
35 the purpose of assisting the metropolitan transportation authority in
36 the financing of transportation facilities as defined in subdivision
37 seventeen of section twelve hundred sixty-one of this chapter or other
38 capital projects. The aggregate principal amount of bonds authorized to
39 be issued pursuant to this section shall not exceed twelve billion five
40 hundred fifteen million eight hundred fifty-six thousand dollars
41 $12,515,856,000, excluding bonds issued to fund one or more debt service
42 reserve funds, to pay costs of issuance of such bonds, and to refund or
43 otherwise repay such bonds or notes previously issued. Such bonds and
44 notes of the authority, the dormitory authority and the urban develop-
45 ment corporation shall not be a debt of the state, and the state shall
46 not be liable thereon, nor shall they be payable out of any funds other
47 than those appropriated by the state to the authority, the dormitory
48 authority and the urban development corporation for principal, interest,
49 and related expenses pursuant to a service contract and such bonds and
50 notes shall contain on the face thereof a statement to such effect.
51 Except for purposes of complying with the internal revenue code, any
52 interest income earned on bond proceeds shall only be used to pay debt
53 service on such bonds. Notwithstanding any other provision of law to
54 the contrary, including the limitations contained in subdivision four of
55 section sixty-seven-b of the state finance law, (A) any bonds and notes
56 issued prior to April first, two thousand [twenty-three] twenty-four
A. 3009--B 113
1 pursuant to this section may be issued with a maximum maturity of fifty
2 years, and (B) any bonds issued to refund such bonds and notes may be
3 issued with a maximum maturity of fifty years from the respective date
4 of original issuance of such bonds and notes.
5 § 54. Paragraph (b) of subdivision 4 of section 72 of the state
6 finance law, as amended by section 46 of part JJ of chapter 56 of the
7 laws of 2020, is amended to read as follows:
8 (b) On or before the beginning of each quarter, the director of the
9 budget may certify to the state comptroller the estimated amount of
10 monies that shall be reserved in the general debt service fund for the
11 payment of debt service and related expenses payable by such fund during
12 each month of the state fiscal year, excluding payments due from the
13 revenue bond tax fund. Such certificate may be periodically updated, as
14 necessary. Notwithstanding any provision of law to the contrary, the
15 state comptroller shall reserve in the general debt service fund the
16 amount of monies identified on such certificate as necessary for the
17 payment of debt service and related expenses during the current or next
18 succeeding quarter of the state fiscal year. Such monies reserved shall
19 not be available for any other purpose. Such certificate shall be
20 reported to the chairpersons of the Senate Finance Committee and the
21 Assembly Ways and Means Committee. The provisions of this paragraph
22 shall expire June thirtieth, two thousand [twenty-three] twenty-six.
23 § 55. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
24 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
25 ter 63 of the laws of 2005 relating to the composition and responsibil-
26 ities of the New York state higher education capital matching grant
27 board, as amended by section 52 of part FFF of chapter 56 of the laws of
28 2022, are amended to read as follows:
29 (b) Within amounts appropriated therefor, the board is hereby author-
30 ized and directed to award matching capital grants totaling [three
31 hundred forty-five million dollars $345,000,000] three hundred seventy-
32 five million dollars $375,000,000. Each college shall be eligible for a
33 grant award amount as determined by the calculations pursuant to subdi-
34 vision five of this section. In addition, such colleges shall be eligi-
35 ble to compete for additional funds pursuant to paragraph (h) of subdi-
36 vision four of this section.
37 (B) The dormitory authority shall not issue any bonds or notes in an
38 amount in excess of [three hundred forty-five million dollars
39 $345,000,000] three hundred seventy-five million dollars $375,000,000
40 for the purposes of this section; excluding bonds or notes issued to
41 fund one or more debt service reserve funds, to pay costs of issuance of
42 such bonds, and bonds or notes issued to refund or otherwise repay such
43 bonds or notes previously issued. Except for purposes of complying with
44 the internal revenue code, any interest on bond proceeds shall only be
45 used to pay debt service on such bonds.
46 § 56. Notwithstanding the provisions of any other law to the contrary,
47 the dormitory authority and the urban development corporation are hereby
48 authorized to issue bonds or notes in one or more series for the purpose
49 of funding project costs for equipment and facilities related to veter-
50 an's programs and other state costs associated with such capital
51 projects. The aggregate principal amount of bonds authorized to be
52 issued pursuant to this section shall not exceed ten million dollars
53 $10,000,000, excluding bonds issued to fund one or more debt service
54 reserve funds, to pay costs of issuance of such bonds, and bonds or
55 notes issued to refund or otherwise repay such bonds or notes previously
56 issued. Such bonds and notes of the dormitory authority and the urban
A. 3009--B 114
1 development corporation shall not be a debt of the state, and the state
2 shall not be liable thereon, nor shall they be payable out of any funds
3 other than those appropriated by the state to the dormitory authority
4 and the urban development corporation for principal, interest, and
5 related expenses pursuant to a service contract and such bonds and notes
6 shall contain on the face thereof a statement to such effect. Except for
7 purposes of complying with the internal revenue code, any interest
8 income earned on bond proceeds shall only be used to pay debt service on
9 such bonds.
10 § 57. Notwithstanding the provisions of any other law to the contrary,
11 the dormitory authority and the urban development corporation are hereby
12 authorized to issue bonds or notes in one or more series for the purpose
13 of funding project costs for equipment for facility upgrades for volun-
14 teer fire companies and other state costs associated with such capital
15 projects. The aggregate principal amount of bonds authorized to be
16 issued pursuant to this section shall not exceed ten million dollars
17 $10,000,000, excluding bonds issued to fund one or more debt service
18 reserve funds, to pay costs of issuance of such bonds, and bonds or
19 notes issued to refund or otherwise repay such bonds or notes previously
20 issued. Such bonds and notes of the dormitory authority and the urban
21 development corporation shall not be a debt of the state, and the state
22 shall not be liable thereon, nor shall they be payable out of any funds
23 other than those appropriated by the state to the dormitory authority
24 and the urban development corporation for principal, interest, and
25 related expenses pursuant to a service contract and such bonds and notes
26 shall contain on the face thereof a statement to such effect. Except for
27 purposes of complying with the internal revenue code, any interest
28 income earned on bond proceeds shall only be used to pay debt service on
29 such bonds.
30 § 58. This act shall take effect immediately and shall be deemed to
31 have been in full force and effect on and after April 1, 2023; provided,
32 however, that the provisions of sections one, one-a, two, three, four,
33 five, six, seven, eight, thirteen, fourteen, fifteen, sixteen, seven-
34 teen, eighteen, nineteen, twenty and twenty-two, of this act shall
35 expire March 31, 2024 when upon such date the provisions of such
36 sections shall be deemed repealed.
37 PART MM
38 Section 1. The public authorities law is amended by adding a new
39 section 1680-s to read as follows:
40 § 1680-s. Unemployment insurance fund bond financing. 1. As used in
41 this section the following terms shall have the following meanings:
42 (a) "Ancillary bond facility" means any interest rate exchange or
43 similar agreement or any bond insurance policy, letter of credit or
44 other credit enhancement facility, liquidity facility, guaranteed
45 investment or reinvestment agreement, or other similar agreement,
46 arrangement or contract.
47 (b) "Benefitted party" means any person, firm or corporation that
48 enters into an ancillary bond facility with the authority according to
49 the provisions of this section.
50 (c) "Bonds" means any bonds, notes, certificates of participation and
51 other evidence of indebtedness issued by the authority pursuant to
52 subdivision five of this section.
53 (d) "Bond owners or owners of bonds" means any registered owners of
54 bonds.
A. 3009--B 115
1 (e) "Code" means the United States Internal Revenue Code of 1986, as
2 amended.
3 (f) "Costs of issuance" means any item of expense directly or indi-
4 rectly payable or reimbursable by the authority and related to the
5 authorization, sale, or issuance of bonds, including, but not limited
6 to, underwriting fees and fees and expenses of professional consultants
7 and fiduciaries.
8 (g) "Debt service" means actual debt service, comprised of principal,
9 interest and associated costs, as defined in section five hundred
10 fifty-four of the labor law.
11 (h) "Director of the budget" or "director" means the director of the
12 budget of the state of New York.
13 (i) "Financing agreement" means any agreement authorized pursuant to
14 subdivision four of this section between the commissioner of labor, the
15 commissioner of taxation and finance and the authority.
16 (j) "Financing costs" means all costs of issuance, capitalized inter-
17 est, capitalized operating expenses of the authority and, pursuant to
18 the financing agreement, the initial capitalized operating expenses of
19 the waiver agreement management office and debt service reserves, fees,
20 costs of any ancillary bond facility, and any other fees, discounts,
21 expenses and costs related to issuing, securing and marketing the bonds
22 including, without limitation, any net original issue discount.
23 (k) "Investment securities" means: (i) general obligations of, or
24 obligations guaranteed by, any state of the United States of America or
25 political subdivision thereof, or the District of Columbia or any agency
26 or instrumentality of any of them, receiving one of the three highest
27 long-term unsecured debt rating categories available for such securities
28 of at least one independent rating agency, or (ii) certificates of
29 deposit, savings accounts, time deposits or other obligations or
30 accounts of banks or trust companies in the state, secured, if the
31 authority shall so require, in such manner as the authority may so
32 determine, or (iii) obligations in which the comptroller is authorized
33 to invest pursuant to either section ninety-eight or ninety-eight-a of
34 the state finance law.
35 (l) "Interest rate exchange or similar agreement" means a written
36 contract entered into in connection with the issuance of bonds or with
37 such bonds outstanding with a counterparty to provide for an exchange or
38 swap of payments based upon fixed and/or variable interest rates, and
39 shall be for exchanges in currency of the United States of America only.
40 (m) "Net proceeds" means the amount of proceeds remaining following
41 each sale of bonds which are not required by the authority for purposes
42 of this section to pay or provide for debt service or financing costs,
43 as provided in the financing agreement.
44 (n) "Operating expenses" means the reasonable or necessary operating
45 expenses of the authority for purposes of this section, including, with-
46 out limitation, the costs of: retention of auditors, preparation of
47 accounting and other reports, maintenance of the ratings on the bonds,
48 any operating expense reserve fund, insurance premiums, ancillary bond
49 facilities, rebate payments, annual meetings or other required activ-
50 ities of the authority, and professional consultants and fiduciaries.
51 (o) "Outstanding", when used with respect to bonds, shall exclude
52 bonds that shall have been paid in full at maturity, or shall have
53 otherwise been refunded, redeemed, defeased or discharged, or that may
54 be deemed not outstanding pursuant to agreements with the holders there-
55 of.
A. 3009--B 116
1 (p) "Pledged assessments revenues", "pledged revenues" or "pledged
2 assessments" means receipts of a percentage of contributions imposed on
3 employers pursuant to article eighteen of the labor law and pledged for
4 the payment of debt service on the bonds or amounts due pursuant to an
5 ancillary bond facility, including the right to receive same, in an
6 amount determined by the commissioner of labor, the commissioner of
7 taxation and finance and the authority.
8 (q) "State" means the state of New York.
9 (r) "Unemployment insurance trust fund bond financing agreement" or
10 "financing agreement" means an agreement authorized and created pursuant
11 to subdivision four of this section and section five hundred fifty-four
12 of the labor law, as same by its terms and bond proceedings, may be
13 amended.
14 2. The authority is hereby authorized to issue bonds to reduce the
15 contributions of employers under section five hundred fifty of the labor
16 law as a result of obligations owed to the "Unemployment Insurance Trust
17 Fund" of the United States government or its authorized agent. The
18 authority may enter into one or more unemployment insurance trust fund
19 bond financing agreements described in section five hundred fifty-four
20 of the labor law. All of the provisions of the authority relating to
21 bonds and notes which are not inconsistent with the provisions of this
22 section shall apply to obligations authorized by this section, including
23 but not limited to the power to establish adequate reserves therefor and
24 to issue renewal notes or refunding bonds thereof. The provisions of
25 this section shall apply solely to obligations authorized by this
26 section.
27 3. It is found and declared that obligations owed to the "Unemployment
28 Insurance Trust Fund" will, absent provision for long-term financing,
29 result in the imposition of increased costs on employers through unem-
30 ployment insurance assessments and contributions; that such increased
31 assessments and contributions may have a detrimental impact on busi-
32 nesses in New York state and on their ability to hire and retain employ-
33 ees; that without such financing employers will continue to be required
34 to pay higher assessments and contributions to pay such obligations;
35 that the bonds will provide a more efficient means of covering such
36 obligations in the short-term; that bonds issued by the authority would
37 allow the state to limit the assessments and contributions needed to pay
38 such obligations, thereby furthering the policy of the state to improve
39 the business climate in the state; that all costs of the authority in
40 relation to this section shall be paid from contributions provided for
41 in the labor law; and that, therefore, the provisions of this section
42 are for the public benefit and good and the authorization as provided in
43 this section for the issuance of revenue obligations of the authority is
44 declared to be for a public purpose and the exercise of an essential
45 governmental function.
46 4. (a) The authority, the commissioner of taxation and finance and the
47 commissioner of labor shall execute a financing agreement prior to the
48 issuance of any bonds. Such agreement shall contain such terms and
49 conditions as are necessary to carry out and effectuate the purposes of
50 this section, including covenants with respect to the assessment and
51 enforcement of the assessments, the application and use of the proceeds
52 of the sale of bonds to preserve the tax-exemption on the bonds, the
53 interest on which is intended to be exempt from taxation. The state
54 shall not be authorized to make any covenant, pledge, promise or agree-
55 ment purporting to bind the state with respect to pledged revenues,
56 except as otherwise specifically authorized by this section.
A. 3009--B 117
1 (b) The net proceeds of the bonds shall be deposited in accordance
2 with the financing agreement and this section. Not inconsistent with
3 this section, the authority may provide restrictions on the use and
4 investment of net proceeds of the bonds and other amounts in the financ-
5 ing agreement or otherwise in a tax regulatory agreement as necessary or
6 desirable to assure that they are exempt from taxation.
7 5. (a) (i) The authority shall have the power and is hereby authorized
8 to issue its bonds at such times and in such aggregate principal amount
9 not to exceed two billion dollars ($2,000,000,000) excluding bonds
10 issued to finance one or more debt service reserve funds, to pay costs
11 of issuance of such bonds, and bonds or notes issued to refund or other-
12 wise repay such bonds or notes previously issued. The bonds shall be
13 issued for the purpose of reducing the obligations owed to the "Unem-
14 ployment Insurance Trust Fund" of the United States government or its
15 authorized agent.
16 (ii) Each issuance of bonds shall be authorized by a resolution of the
17 authority, provided, however, that any such resolution authorizing the
18 issuance of bonds may delegate to an officer of the authority the power
19 to issue such bonds from time to time and to fix the details of any such
20 issues of bonds by an appropriate certificate of such authorized offi-
21 cer. Every issue of the bonds of the authority for the unemployment
22 insurance trust fund shall be special revenue obligations payable from
23 and secured by a pledge of revenues and other assets, including those
24 proceeds of such bonds deposited in a reserve fund for the benefit of
25 bondholders, earnings on funds of the authority and such other funds and
26 assets as may become available, upon such terms and conditions as speci-
27 fied by the authority in the resolution under which the bonds are issued
28 or in a related trust indenture.
29 (iii) The authority shall have the power and is hereby authorized from
30 time to time to issue bonds to refund any bonds issued under this
31 section by the issuance of new bonds, whether the bonds to be refunded
32 have or have not matured, and to issue bonds partly to refund bonds then
33 outstanding and partly for any of its other corporate purposes under
34 this section. The refunding bonds may be exchanged for the bonds to be
35 refunded or sold and the proceeds applied to the purchase, redemption or
36 payment of such bonds.
37 (b) The bonds of the authority of each issue shall be dated, shall
38 bear interest (which, in the opinion of bond counsel to the authority,
39 may be includable in or excludable from the gross income of the owners
40 for federal income tax purposes) at such fixed or variable rates, paya-
41 ble at or prior to maturity, and shall mature at such time or times, as
42 may be determined by the authority and may be made redeemable before
43 maturity, at the option of the authority, at such price or prices and
44 under such terms and conditions as may be fixed by the authority. The
45 principal and interest of such bonds may be made payable in any lawful
46 medium. The resolution or the certificate of the authorized officer
47 shall determine the form of the bonds, either registered or book-entry
48 form, and the manner of execution of the bonds and shall fix the denomi-
49 nation or denominations of the bonds and the place or places of payment
50 of principal and interest thereof, which may be at any bank or trust
51 company within or outside the state. If any officer whose signature or a
52 facsimile thereof appears on any bonds shall cease to be such officer
53 before the delivery of such bonds, such signature or facsimile shall
54 nevertheless be valid and sufficient for all purposes the same as if
55 such officer had remained in office until such delivery. The authority
A. 3009--B 118
1 may also provide for temporary bonds and for the replacement of any
2 bonds that shall become mutilated or shall be destroyed or lost.
3 (c) The authority may sell such bonds in such manner, either at a
4 public or private sale and either on a competitive or negotiated basis,
5 provided no such bonds may be sold by the authority at private sale
6 unless such sale and the terms thereof have been approved in writing by
7 the comptroller of the state of New York. The proceeds of such bonds
8 shall be disbursed for the purposes for which such bonds were issued
9 under such restrictions as the financing agreement and the resolution
10 authorizing the issuance of such bonds or the related trust indenture
11 may provide. Such bonds shall be issued upon approval of the authority
12 and without any other approvals, filings, proceedings or the happening
13 of any other conditions or things other than the approvals, findings,
14 proceedings, conditions, and things that are specified and required by
15 this section. Provided, however, that any issuance of bonds under the
16 authority of this section shall be considered a project for the purposes
17 of section fifty-one of this chapter, and subject to approval under such
18 section.
19 (d) Any pledge made by the authority shall be valid and binding at the
20 time the pledge is made. The assets, property, revenues, reserves or
21 earnings so pledged shall immediately be subject to the lien of such
22 pledge without any physical delivery thereof or further act and the lien
23 of any such pledge shall be valid and binding as against all parties
24 having claims of any kind against the authority, irrespective of whether
25 such parties have notice thereof. Notwithstanding any other provision of
26 law to the contrary, neither the bond resolution nor any indenture or
27 other instrument, including the financing agreement, by which a pledge
28 is created or by which the authority's interest in pledged assets, prop-
29 erty, revenues, reserves or earnings thereon is assigned need be filed,
30 perfected or recorded in any public records in order to protect the
31 pledge thereof or perfect the lien thereof as against third parties,
32 except that a copy thereof shall be filed in the records of the authori-
33 ty.
34 (e) Whether or not the bonds of the authority are of such form and
35 character as to be negotiable instruments under the terms of the uniform
36 commercial code, the bonds are hereby made negotiable instruments for
37 all purposes, subject only to the provisions of the bonds for registra-
38 tion.
39 (f) At the sole discretion of the authority, any bonds issued by the
40 authority and any ancillary bond facility made under the provisions of
41 this subdivision may be secured by a resolution or trust indenture by
42 and between the authority and the trust indenture trustee, which may be
43 any trust company or bank having the powers of a trust company, whether
44 located within or outside the state, provided it is carried out in
45 accordance with section sixty-nine-d of the state finance law. Such
46 trust indenture or resolution providing for the issuance of such bonds
47 may provide for the creation and maintenance of such reserves as the
48 authority shall determine to be proper and may include covenants setting
49 forth the duties of the authority in relation to the bonds, the income
50 of the authority, or the financing agreement. Such trust indenture or
51 resolution may contain provisions: (i) respecting the custody, safe-
52 guarding and application of all moneys and securities; (ii) protecting
53 and enforcing the rights and remedies (pursuant to the trust indenture
54 and the financing agreement) of the owners of the bonds and any other
55 benefited party as may be reasonable and proper and not in violation of
56 law; (iii) concerning the rights, powers and duties of the trustee
A. 3009--B 119
1 appointed by bondholders pursuant to paragraph (g) of this subdivision;
2 or (iv) limiting or abrogating the right of the bondholders to appoint a
3 trustee. It shall be lawful for any bank or trust company which may act
4 as depository of the proceeds of bonds or of any other funds or obli-
5 gations received on behalf of the authority to furnish such indemnifying
6 bonds or to pledge such securities as may be required by the authority.
7 Any such trust indenture or resolution may contain such other provisions
8 as the authority may deem reasonable and proper for priorities and
9 subordination among the owners of the bonds and other beneficiaries.
10 For purposes of this section, a "resolution" of the authority shall
11 include any trust indenture authorized thereby.
12 (g) The authority may enter into, amend or terminate, as it determines
13 to be necessary or appropriate, any ancillary bond facility (i) to
14 facilitate the issuance, sale, resale, purchase, repurchase or payment
15 of bonds, interest rate savings or market diversification or the making
16 or performance of interest rate exchange or similar agreements, includ-
17 ing without limitation bond insurance, letters of credit and liquidity
18 facilities, (ii) to attempt to manage or hedge risk or achieve a desira-
19 ble effective interest rate or cash flow, or (iii) to place the obli-
20 gations or investments of the authority, as represented by the bonds or
21 the investment of reserved bond proceeds or other pledged revenues or
22 other assets, in whole or in part, on the interest rate, cash flow or
23 other basis, which facility may include without limitation contracts
24 commonly known as interest rate exchange or similar agreements, forward
25 purchase contracts or guaranteed investment contracts and futures or
26 contracts providing for payments based on levels of, or changes in,
27 interest rates. These contracts or arrangements may be entered into by
28 the authority in connection with, or incidental to, entering into, or
29 maintaining any (i) agreement which secures bonds of the authority or
30 (ii) investment, or contract providing for investment of reserves or
31 similar facility guaranteeing an investment rate for a period of years
32 not to exceed the underlying term of the bonds. The determination by the
33 authority that an ancillary bond facility or the amendment or termi-
34 nation thereof is necessary or appropriate as aforesaid shall be conclu-
35 sive. Any ancillary bond facility may contain such payment, security,
36 default, remedy, and termination provisions and payments and other terms
37 and conditions as determined by the authority, after giving due consid-
38 eration to the creditworthiness of the counterparty or other obligated
39 party, including any rating by any nationally recognized rating agency,
40 and any other criteria as may be appropriate.
41 (h) The authority, subject to such agreements with bondholders as may
42 then exist (including provisions which restrict the power of the author-
43 ity to purchase bonds), or with the providers of any applicable ancil-
44 lary bond facility, shall have the power out of any funds available
45 therefor to purchase bonds of the authority, which may or may not there-
46 upon be cancelled, at a price not substantially exceeding:
47 (i) if the bonds are then redeemable, the redemption price then appli-
48 cable, including any accrued interest; or
49 (ii) if the bonds are not then redeemable, the redemption price and
50 accrued interest applicable on the first date after such purchase upon
51 which the bonds become subject to redemption.
52 (i) Neither the members of the authority nor any other person execut-
53 ing the bonds or an ancillary bond facility of the authority shall be
54 subject to any personal liability by reason of the issuance or execution
55 and delivery thereof.
A. 3009--B 120
1 (j) The maturities of the bonds shall not exceed fifteen years from
2 their respective issuance dates.
3 6. Neither any bond issued pursuant to this section nor any ancillary
4 bond facility of the authority shall constitute a debt or moral obli-
5 gation of the state or a state supported obligation within the meaning
6 of any constitutional or statutory provision or a pledge of the faith
7 and credit of the state or of the taxing power of the state, and the
8 state shall not be liable to make any payments thereon nor shall any
9 bond or any ancillary bond facility be payable out of any funds or
10 assets other than pledged revenues and other assets of the authority and
11 other funds and assets of or available to the authority pledged there-
12 for, and the bonds and any ancillary bond facility of the authority
13 shall contain on the face thereof or other prominent place thereon a
14 statement to the foregoing effect.
15 7. (a) Subject to the provisions of subdivision five of this section
16 in the event that the authority shall default in the payment of princi-
17 pal of, or interest on, or sinking fund payment on, any issue of bonds
18 after the same shall become due, whether at maturity or upon call for
19 redemption, or in the event that the authority or the state shall fail
20 to comply with any agreement made with the holders of any issue of
21 bonds, the holders of twenty-five percent in aggregate principal amount
22 of the bonds of such issue then outstanding, by instrument or instru-
23 ments filed in the office of the clerk of the county of Albany and
24 proved or acknowledged in the same manner as a deed to be recorded, may
25 appoint a trustee to represent the holders of such bonds for the
26 purposes herein provided.
27 (b) Such trustee may, and upon written request of the holders of twen-
28 ty-five percent in principal amount of such bonds then outstanding
29 shall, in his, her or its own name:
30 (i) by suit, action or proceeding in accordance with the civil prac-
31 tice law and rules, enforce all rights of the bondholders, including the
32 right to require the authority to carry out any agreement with such
33 holders and to perform its duties under this section;
34 (ii) bring suit upon such bonds;
35 (iii) by action or suit, require the authority to account as if it
36 were the trustee of an express trust for the holders of such bonds;
37 (iv) by action or suit, enjoin any acts or things which may be unlaw-
38 ful or in violation of the rights of the holders of such bonds; and
39 (v) declare all such bonds due and payable, and if all defaults shall
40 be made good, then, with the consent of the holders of twenty-five
41 percent of the principal amount of such bonds then outstanding, annul
42 such declaration and its consequences, provided, however, that nothing
43 in this subdivision shall preclude the authority from agreeing that
44 consent of the provider of an ancillary bond facility is required for an
45 acceleration of related bonds in the event of a default other than a
46 failure to pay principal of or interest on the bonds when due.
47 (c) The supreme court shall have jurisdiction of any suit, action or
48 proceeding by the trustee on behalf of such bondholders. The venue of
49 any such suit, action or proceeding shall be laid in the county of Alba-
50 ny.
51 (d) Before declaring the principal of bonds due and payable, the trus-
52 tee shall first give thirty days notice in writing to the authority.
53 8. All monies of the authority from whatever source derived shall be
54 paid to the treasurer of the authority and shall be deposited forthwith
55 in a bank or banks designated by the authority. The monies in such
56 accounts shall be paid out or withdrawn on the order of such person or
A. 3009--B 121
1 persons as the authority may authorize to make such requisitions. All
2 deposits of such monies shall either be secured by obligations of the
3 United States or of the state or of any municipality of a market value
4 equal at all times to the amount on deposit, or monies of the authority
5 may be deposited in money market funds rated in the highest short-term
6 or long-term rating category by at least one nationally recognized
7 rating agency. To the extent practicable, and consistent with the
8 requirements of the authority, all such monies shall be deposited in
9 interest bearing accounts. The authority shall have power, notwithstand-
10 ing the provisions of this section, to contract with the holders of any
11 bonds as to the custody, collection, security, investment and payment of
12 any monies of the authority or any monies held in trust or otherwise for
13 the payment of bonds or any way to secure bonds, and carry out any such
14 contract notwithstanding that such contract may be inconsistent with the
15 provisions of this section. Monies held in trust or otherwise for the
16 payment of bonds or in any way to secure bonds and deposits of such
17 moneys may be secured in the same manner as monies of the authority and
18 all banks and trust companies are authorized to give such security for
19 such deposits. Any monies of the authority not required for immediate
20 use or disbursement may, at the discretion of the authority, be invested
21 in accordance with law and such guidelines as are approved by the
22 authority.
23 9. (a) It is hereby determined that the carrying out by the authority
24 of its corporate purposes under this section are in all respects for the
25 benefit of the people of the state of New York and are public purposes.
26 Accordingly, the authority shall be regarded as performing an essential
27 governmental function in the exercise of the powers conferred upon it by
28 this section. The property of the authority, its income and its oper-
29 ations shall be exempt from taxation, assessments, special assessments
30 and ad valorem levies. The authority shall not be required to pay any
31 fees, taxes, special ad valorem levies or assessments of any kind,
32 whether state or local, including, but not limited to, real property
33 taxes, franchise taxes, sales taxes or other taxes, upon or with respect
34 to any property owned by it or under its jurisdiction, control or super-
35 vision, or upon the uses thereof, or upon or with respect to its activ-
36 ities or operations in furtherance of the powers conferred upon it by
37 this section, or upon or with respect to any assessments, rates, charg-
38 es, fees, revenues or other income received by the authority.
39 (b) Any bonds issued pursuant to this section, their transfer and the
40 income therefrom shall, at all times, be exempt from taxation except for
41 estate or gift taxes and taxes on transfers.
42 (c) The state hereby covenants with the purchasers and with all subse-
43 quent holders and transferees of bonds issued by the authority pursuant
44 to this section, in consideration of the acceptance of and payment for
45 the bonds, that the bonds of the authority issued pursuant to this
46 section and the income therefrom and all assessments, revenues, moneys,
47 and other property received by the authority and pledged to pay or to
48 secure the payment of such bonds shall at all times be exempt from taxa-
49 tion.
50 (d) In the case of any bonds of the authority, interest on which is
51 intended to be exempt from federal income tax, the authority shall
52 prescribe restrictions on the use of the proceeds thereof and related
53 matters only as are necessary or desirable to assure such exemption, and
54 the recipients of such proceeds shall be bound thereby to the extent
55 such restrictions shall be made applicable to them. Any such recipient,
56 including, but not limited to, the state, the state insurance fund, a
A. 3009--B 122
1 public benefit corporation, and a school district or municipality is
2 authorized to execute a tax regulatory agreement with the authority or
3 the state, as the case may be, and the execution of such an agreement
4 may be treated by the authority or the state as a condition to receiving
5 any such proceeds.
6 10. (a) The state, solely with respect to the resources of the unem-
7 ployment insurance trust fund and as set forth in the financing agree-
8 ment, covenants with the purchasers and all subsequent owners and trans-
9 ferees of bonds issued by the authority pursuant to this section in
10 consideration of the acceptance of the payment of the bonds, until the
11 bonds, together with the interest thereon, with interest on any unpaid
12 installment of interest and all costs and expenses in connection with
13 any action or proceeding on behalf of the owners, are fully met and
14 discharged or unless expressly permitted or otherwise authorized by the
15 terms of each financing agreement and any contract made or entered into
16 by the authority with or for the benefit of such owners, (i) that in the
17 event bonds of the authority are sold as federally tax-exempt bonds, the
18 state shall not take any action or fail to take action that would result
19 in the loss of such federal tax exemption on said bonds, (ii) that the
20 state may impose, charge, raise, levy, collect and apply the pledged
21 assessments and other revenues, receipts, funds or moneys pledged for
22 the payment of debt service requirements in each year in which bonds are
23 outstanding, and (iii) further, that the state (A) will not materially
24 limit or alter the duties imposed on the unemployment insurance trust
25 fund, the authority and other officers of the state by the unemployment
26 insurance trust fund financing agreement and the bond proceedings
27 authorizing the issuance of bonds with respect to application of pledged
28 assessments or other revenues, receipts, funds or moneys pledged for the
29 payment of debt service requirements, (B) will not issue any bonds,
30 notes or other evidences of indebtedness, other than the bonds, having
31 any rights arising out of this section or secured by any pledge of or
32 other lien or charge on the pledged revenues or other receipts, funds or
33 moneys pledged for the payment of debt service requirements, (C) will
34 not create or cause to be created any lien or charge on the pledged
35 revenues, other than a lien or pledge created thereon pursuant to said
36 sections, (D) will carry out and perform, or cause to be carried out and
37 performed, each and every promise, covenant, agreement or contract made
38 or entered into by the unemployment insurance trust fund financing
39 agreement, by the authority or on its behalf with the bond owners of any
40 bonds, (E) will not in any way impair the rights, exemptions or remedies
41 of the bond owners, and (F) will not limit, modify, rescind, repeal or
42 otherwise alter the rights or obligations of the appropriate officers of
43 the state to impose, maintain, charge or collect the assessments and
44 other revenues or receipts constituting the pledged revenues as may be
45 necessary to produce sufficient revenues to fulfill the terms of the
46 proceedings authorizing the issuance of the bonds, including pledged
47 revenue coverage requirements, provided, however, (i) the remedies
48 available to the authority and the bondholders for any breach of the
49 pledges and agreements of the state set forth in this subclause shall be
50 limited to injunctive relief, (ii) nothing in this subdivision shall
51 prevent the authority from issuing evidences of indebtedness (A) which
52 are secured by a pledge or lien which is, and shall on the face thereof,
53 be expressly subordinate and junior in all respects to every lien and
54 pledge created by or pursuant to said sections, or (B) which are secured
55 by a pledge of or lien on moneys or funds derived on or after the date
56 every pledge or lien thereon created by or pursuant to said sections
A. 3009--B 123
1 shall be discharged and satisfied, and (iii) nothing in this subdivision
2 shall preclude the state from exercising its power, through a change in
3 law, to limit, modify, rescind, repeal or otherwise alter the character
4 of the pledged assessments or revenues or to substitute like or differ-
5 ent sources of assessments, taxes, fees, charges or other receipts as
6 pledged revenues if and when adequate provision shall be made by law for
7 the protection of the holders of outstanding bonds pursuant to the
8 proceedings under which the bonds are issued, including changing or
9 altering the method of establishing the employer contribution rates.
10 The authority is authorized to include this covenant of the state, as
11 a contract of the state, in any agreement with the owner of any bonds
12 issued pursuant to this section and in any credit facility or reimburse-
13 ment agreement with respect to such bonds. Notwithstanding these pledges
14 and agreements by the state, the attorney general may in his or her
15 discretion enforce any and all provisions related to the unemployment
16 insurance trust fund, without limitation.
17 (b) Prior to the date which is one year and one day after the authori-
18 ty no longer has any bonds issued pursuant to this section outstanding,
19 the authority shall have no authority to file a voluntary petition under
20 chapter nine of the federal bankruptcy code or such corresponding chap-
21 ter or sections as may, from time to time, be in effect, and neither any
22 public officer nor any organization, entity or other person shall
23 authorize the authority to be or become a debtor under chapter nine or
24 any successor or corresponding chapter or sections during such period.
25 The state hereby covenants with the owners of the bonds of the authority
26 that the state will not limit or alter the denial of authority under
27 this subdivision during the period referred to in the preceding
28 sentence. The authority is authorized to include this covenant of the
29 state, as a contract of the state, in any agreement with the owner of
30 any bonds issued pursuant to this section.
31 (c) To the extent deemed appropriate by the authority any pledge and
32 agreement of the state with respect to the bonds as provided in this
33 section may be extended to, and included in, any ancillary bond facility
34 as a pledge and agreement of the state with the authority and the bene-
35 fited party.
36 11. The bonds of the authority are hereby made securities in which all
37 public officers and bodies of this state and all municipalities and
38 political subdivisions, all insurance companies and associations and
39 other persons carrying on an insurance business, all banks, bankers,
40 trust companies, savings banks and savings associations, including
41 savings and loan associations, building and loan associations, invest-
42 ment companies and other persons carrying on a banking business, all
43 administrators, guardians, executors, trustees and other fiduciaries,
44 and all other persons whatsoever who are now or may hereafter be author-
45 ized to invest in bonds or in other obligations of the state, may prop-
46 erly and legally invest funds, including capital, in their control or
47 belonging to them. The bonds are also hereby made securities which may
48 be deposited with and may be received by all public officers and bodies
49 of the state and all municipalities, political subdivisions and public
50 corporations for any purpose for which the deposit of bonds or other
51 obligations of the state is now or may hereafter be authorized.
52 12. (a) An action against the authority for death, personal injury or
53 property damage or founded on tort shall not be commenced more than one
54 year and ninety days after the cause of action thereof shall have
55 accrued nor unless a notice of claim shall have been served on a member
56 of the authority or officer or employee thereof designated by the
A. 3009--B 124
1 authority for such purpose, within the time limited by, and in compli-
2 ance with the requirements of section fifty-e of the general municipal
3 law.
4 (b) The venue of every action, suit or special proceeding brought
5 against the authority or concerning the validity of this section shall
6 be laid in the county of Albany.
7 (c) The bonds, and any obligation of the authority under any ancillary
8 bond facility, may contain a recital that they are issued or executed,
9 respectively, pursuant to this section, which recital shall be conclu-
10 sive evidence of the validity of the bonds and any such obligation,
11 respectively, and the regularity of the proceedings of the authority
12 relating thereto.
13 13. Any action or proceeding to which the authority or the people of
14 the state may be parties, in which any question arises as to the validi-
15 ty of this section, shall be preferred over all other civil causes of
16 action or cases, except election causes of action or cases, in all
17 courts of the state and shall be heard and determined in preference to
18 all other civil business pending therein, except election causes, irre-
19 spective of position on the calendar. The same preference shall be
20 granted upon application of the authority or its counsel in any action
21 or proceeding questioning the validity of this section in which the
22 authority may be allowed to intervene.
23 § 2. The labor law is amended by adding a new section 554 to read as
24 follows:
25 § 554. Unemployment insurance trust fund bonds. 1. The commissioner,
26 with the commissioner of taxation and finance, is authorized to enter
27 into a financing agreement with the authority, to be known as the "unem-
28 ployment insurance trust fund bond financing agreement". Such agreement
29 shall set forth the process for calculating the annual debt service of
30 bonds issued by the dormitory authority and any other associated costs
31 in connection with the unemployment insurance trust fund, as set forth
32 in section sixteen hundred eighty-s of the public authorities law. For
33 purposes of this section, "associated costs" may include a coverage
34 factor, reserve fund requirements, all costs of any nature incurred by
35 the authority in connection with the unemployment insurance trust fund
36 bond financing agreement or pursuant thereto, the costs of any independ-
37 ent audits undertaken under this section, and any other costs for the
38 implementation of this subdivision and the issuance of bonds by the
39 authority, including interest rate exchange payments, rebate payments,
40 liquidity fees, credit provider fees, fiduciary fees, remarketing, deal-
41 er, auction agent and related fees and other similar bond-related
42 expenses, unless otherwise funded. By September first of each year, the
43 dormitory authority shall provide to the commissioner the calculation of
44 the amount expected to be paid by the authority in debt service and
45 associated costs for purposes of calculating the assessments for the
46 debt service portion of the assessment provided for under this chapter.
47 All monies received on account of such assessments shall be applied in
48 accordance with this chapter and with the unemployment insurance trust
49 fund bond financing agreement until the financial obligations of the
50 authority in respect to its contract with its bondholders are met and
51 all associated costs payable to or by the authority have been paid,
52 notwithstanding any other provision of law respecting secured trans-
53 actions. This provision may be included by the authority in any contract
54 of the authority with its bondholders. The unemployment insurance trust
55 fund bond financing agreement may restrict disbursements, investments,
56 or rebates, and may prescribe a system of accounts applicable to the
A. 3009--B 125
1 unemployment insurance trust fund as consistent with the provisions of
2 this chapter governing such fund, including custody of funds and
3 accounts with a trustee that may be prescribed by the authority as part
4 of its contract with the bondholders. For purposes of this subdivision,
5 the term "bonds" shall include notes issued in anticipation of the issu-
6 ance of bonds, or notes issued pursuant to a commercial paper program.
7 2. The commissioner is hereby authorized to receive and credit to the
8 unemployment insurance trust fund any sum or sums that may at any time
9 be contributed to the state by the United States of America under any
10 act of Congress, or otherwise, to which the state may be or become enti-
11 tled by reason of any payments made out of such fund.
12 § 3. This act shall take effect immediately.
13 PART NN
14 Section 1. Short title. This act shall be known and may be cited as
15 the "Suffolk county water quality restoration act".
16 § 2. Legislative intent. The county of Suffolk ("county"), with a
17 population of one million five hundred thousand persons, has in excess
18 of three hundred eighty thousand existing onsite wastewater disposal
19 systems, comprised mostly of cesspools and septic systems, with two
20 hundred nine thousand of these onsite systems in environmentally sensi-
21 tive areas which could benefit from nitrogen-reducing technologies. The
22 United States Environmental Protection Agency recognizes Long Island as
23 having a sole source aquifer system for its drinking water supply.
24 Suffolk county has an imminent need to preserve this valuable water
25 resource by reducing the amount of nitrogen discharged into the ground-
26 water by onsite systems. The full water cycle is impacted by increasing
27 quantities of nutrients, pathogens, pesticides, volatile organic contam-
28 inants and saltwater intrusion, as well as a number of emerging threats
29 such as prescription drugs and sea level rise.
30 The Suffolk county subwatersheds wastewater plan ("SWP"), certified by
31 the department of environmental conservation as a Nine Elements
32 Watershed (9E) plan, has documented the devastating effects of high
33 levels of nitrogen pollution, not only on the drinking water quality,
34 but also on coastal ecosystems, dissolved oxygen, water clarity,
35 eelgrass, wetlands, shellfish, coastal resilience and in triggering
36 harmful algal blooms. The SWP, is a long-term plan to address the need
37 for wastewater treatment infrastructure throughout the county comprehen-
38 sively over a period of fifty years. The SWP delineates the source and
39 concentration of nitrogen loading in one hundred ninety-one subwat-
40 ersheds throughout the county, and establishes nitrogen reduction goals
41 for each watershed.
42 For many areas of the county, installing or connecting sewers is not a
43 practical or cost-effective method of treating wastewater. For that
44 reason, the SWP prescribes a hybrid approach that relies on sewering
45 where feasible, and the replacement of cesspools and septic systems with
46 innovative/alternative onsite wastewater treatment systems. The consol-
47 idation of any or all of the twenty-seven county sewer districts, as
48 well as unsewered areas of the county, into a county wastewater manage-
49 ment district, the establishment of a water quality restoration fund,
50 and a county board of trustees to monitor progress and the allocation of
51 resources consistent with the goals of the SWP would allow for the
52 implementation of a much needed integrated long-term wastewater solution
53 for the county through comprehensive planning and management to improve
54 water quality.
A. 3009--B 126
1 The purpose of this act is to create a water quality restoration fund
2 to finance capital projects for the protection, preservation, and reha-
3 bilitation of groundwater and surface waters as recommended by the SWP.
4 This act would allow the funding of capital projects that will mitigate
5 wastewater pollutants utilizing the best available technology consistent
6 with the SWP. The water quality restoration fund would be financed with
7 a dedicated and recurring revenue source by the enactment of an addi-
8 tional sales and compensating use tax at the rate of one-eighth of one
9 percent until 2060. Such tax would be enacted pursuant to a mandatory
10 referendum.
11 This act shall also provide Suffolk county with the authority to
12 create a county wastewater management district through the consolidation
13 of existing county sewer districts with currently unsewered areas of the
14 county. A county wastewater management district will provide an inte-
15 grated and efficient approach to managing wastewater services across the
16 county; allow the county to enhance and expand its incentive program to
17 property owners to upgrade their wastewater treatment systems; to
18 manage, monitor and enforce nitrogen reduction programs throughout the
19 county; complete additional sewer extension projects; improve the
20 economic wellbeing of communities; and provide an opportunity to consol-
21 idate and streamline the county's existing sewer district system and
22 normalize the inequitable rate structure that has long existed.
23 In addition, this act will extend the existing one-quarter of one
24 percent sales tax utilized to finance the county drinking water
25 protection program until 2060.
26 § 3. The county law is amended by adding a new section 256-b to read
27 as follows:
28 § 256-b. Suffolk county wastewater management district. 1. (a)
29 Notwithstanding the provisions of any general, special or local law to
30 the contrary, including this article, the county legislature of Suffolk
31 county is hereby authorized to establish by resolution a Suffolk county
32 wastewater management district, hereinafter referred to in this section
33 as the "district", which shall include all powers of a sewer district
34 and a wastewater disposal district as provided in section two hundred
35 fifty of this article and as set forth in this subdivision, pursuant to
36 the procedure contained in this section.
37 (b) In addition to the powers provided in section two hundred fifty of
38 this article, the district shall have the power, as determined by the
39 county legislature, to: (i) consolidate all of the original county sewer
40 districts within the county as well as unsewered areas of the county,
41 under the jurisdiction of the district; (ii) establish one or more zones
42 of assessment within the district, coterminous with the territorial
43 boundaries of the existing county sewer districts, consolidated pursuant
44 to this section, the method of wastewater collection, treatment and
45 disposal, existing or proposed, or both, and make changes to such zones
46 of assessments; (iii) acquire interests in real property which may be
47 completed by the transfer of property of original county sewer districts
48 to the district, necessary for the installation and maintenance of
49 district facilities; (iv) prioritize district projects in accordance
50 with the Suffolk county subwatershed wastewater plan (SWP) adopted by
51 the county legislature, and any amendments thereto; (v) receive funds
52 from the Suffolk county water quality restoration fund, as established
53 by section one thousand two hundred ten-F of the tax law, and distribute
54 grant proceeds within the district in accordance with the goals estab-
55 lished in the Suffolk county subwatershed wastewater plan; (vi) assume
56 and pay any remaining indebtedness of each original county sewer
A. 3009--B 127
1 district; (vii) within the zones of assessment, establish and provide
2 for the collection of charges, rates, taxes or assessments to provide
3 for the costs of operation, expenses, the sums sufficient to pay the
4 annual installment of principal of, and interest on, obligations for
5 improvements of the district, maintenance and improvements of the
6 district, including but not limited to: (A) special assessment as
7 defined in subdivision fifteen of section one hundred two of the real
8 property tax law; (B) special ad valorem levy as defined in subdivision
9 fourteen of section one hundred two of the real property tax law; (C)
10 sewer rent as provided under article fourteen-F of the general municipal
11 law; (viii) distribute grant proceeds within the district in accordance
12 with the goals established in the SWP; and (ix) adopt, amend and repeal,
13 from time to time, rules and regulations for the operation of a county
14 district. Nothing in this section shall be construed to permit the
15 collection of charges, rates, taxes, or assessments authorized by this
16 section outside of the established zones of assessment within the unsew-
17 ered portions of the district or within town or village sewer districts.
18 2. Boundaries. The boundaries of the district upon formation shall
19 include the boundaries of all county sewer districts consolidated into
20 the district and all unsewered areas of the county.
21 3. County agency review and report. The county legislature may direct
22 the county agency, appointed or established pursuant to section two
23 hundred fifty-one of this article, to, or the county agency on its own
24 motion may, review and report thereon to the county legislature on the
25 creation of the district and the merger therewith of any or all existing
26 county sewer districts in accordance with this section and such other
27 details as may be directed by the county legislature consistent with
28 this article. When the agency has caused such report to be prepared, it
29 shall transmit it to the county legislature. Upon receipt of the report,
30 the county legislature shall call a public hearing pursuant to subdivi-
31 sion five of this section to create a Suffolk county wastewater manage-
32 ment district in accordance with this section. Such report shall be
33 filed in the office of the clerk of the legislature of Suffolk county.
34 4. Resolution. The county legislature of Suffolk county may adopt a
35 resolution calling a public hearing upon the proposed creation of the
36 district.
37 5. Notice. The clerk of the county legislature shall give notice of
38 the hearing described in subdivision four of this section in such news-
39 papers and within such time period as set forth in section two hundred
40 fifty-four of this article. Such notice shall specify the time, date
41 and location of such hearing and, in general terms, describe the
42 proposed establishment of the district and the proposed basis of the
43 future assessment of all costs of operation, maintenance and improve-
44 ments of the district.
45 6. Hearing and resolution to establish. The county legislature shall
46 meet at the time, date and location specified in such notice and hear
47 all persons interested in the subject matter thereof concerning the
48 same. If the county legislature determines that it is in the public
49 interest to establish the district as specified in such notice, it shall
50 further determine by resolution: (i) whether all property and property
51 owners within the proposed district are benefited thereby; and (ii)
52 whether all of the property and property owners benefited are included
53 within the limits of the proposed district, the county legislature may
54 adopt a resolution, subject to a permissive referendum, establishing the
55 district.
A. 3009--B 128
1 7. Notice of adoption of resolution. Within ten days after the
2 adoption by the county legislature of the resolution to establish the
3 district described in subdivision six of this section, the county legis-
4 lature shall give notice thereof, at the expense of the county, by the
5 publication of a notice in such newspapers and within such time period
6 as set forth in section one hundred of this chapter. Such notice shall
7 set forth the date of adoption of the resolution and contain an abstract
8 of such resolution, describing, in general terms, the district, the
9 basis for the future assessment of all costs of operation, maintenance
10 and improvements, and that such resolution was adopted subject to a
11 permissive referendum.
12 8. Assessments, levies and charges. After the establishment of the
13 district in accordance with this section, the county is hereby author-
14 ized by resolution approved by majority vote of the total membership of
15 the county legislature to assess, levy and collect upon each lot or
16 parcel of land within the zones of assessment established by this
17 section: (a) special assessments as that term is defined in subdivision
18 fifteen of section one hundred two of the real property tax law; (b)
19 special ad valorem levy as that term is defined in subdivision fourteen
20 of section one hundred two of the real property tax law; and (c) sewer
21 rents as provided by article fourteen-F of the general municipal law.
22 Such costs and expenses may include, but shall not be limited to, the
23 amount of money required to pay the annual expenses of maintenance,
24 operation, personnel services of the district and the sums sufficient to
25 pay the annual installment of principal of, and interest on, obligations
26 for improvements of the district. Such sums so levied shall be
27 collected by the local tax collectors or receivers of taxes and assess-
28 ments and shall be paid over to the chief fiscal officer of the county,
29 in the same manner and at the same time as taxes levied for general
30 county purposes. The chief fiscal officer shall keep a separate account
31 of such moneys and they shall be used only for purposes set forth in
32 this section, and in addition, all monies collected from each zone of
33 assessment established or amended in accordance with this section shall
34 be further segregated and shall not be commingled with monies of other
35 zones of assessment except upon approval by resolution of the county
36 legislature upon recommendation of the board of trustees established in
37 accordance with the Suffolk county water quality restoration act. Noth-
38 ing in this section shall be construed to permit the collection of
39 charges, rates, taxes, or assessments authorized by this section outside
40 of the established zones of assessment within the unsewered portions of
41 the district or within town or village sewer districts.
42 8-a. Recording determination. The clerk of the county legislature
43 shall within ten days after the effective date of the resolution creat-
44 ing the district cause a certified copy to be recorded in the office of
45 the clerk of the county and when so recorded such order shall be
46 presumptive evidence of the regularity of the proceedings for the
47 creation of the district and of all other action taken by the county
48 legislature pursuant to this section. A certified copy shall also be
49 filed in the office of the state department of audit and control in
50 Albany, New York.
51 9. Other laws. All provisions of the real property tax law and the
52 Suffolk county tax act, as the same may be amended from time to time,
53 not inconsistent with the provisions of this article, relating to the
54 assessing, levy and collection and enforcement of special assessments,
55 ad valorem levies and sewer rents in the county shall apply and be of
56 equal force and applicability to special assessments, ad valorem levies
A. 3009--B 129
1 and sewer rents authorized pursuant to this section. Nothing in this
2 section shall be construed to permit the collection of charges, rates,
3 taxes, or assessments authorized by this section outside of the estab-
4 lished zones of assessment within the unsewered portions of the district
5 or within town or village sewer districts.
6 10. Towns and villages. This section shall not be construed as merging
7 the sewer districts of towns and villages within the county of Suffolk
8 into the district created by this section. The merger of any town or
9 village sewer district, or village sewerage system with the district
10 shall be in accordance with section two hundred seventy-seven of this
11 article.
12 11. Water quality restoration fund. (a) Notwithstanding any provision
13 of law to the contrary, the county of Suffolk shall deposit the net
14 collections from the sales and compensating use tax authorized by
15 section one thousand two hundred ten-F of the tax law into the Suffolk
16 county water quality restoration fund established in accordance there-
17 with, and shall utilize all monies transferred from the fund consistent
18 with this section. Nothing contained in this section shall be construed
19 to prevent the financing in whole or in part, pursuant to the local
20 finance law, of any project authorized pursuant to this section. Monies
21 from the fund may be utilized to repay any indebtedness or obligations
22 incurred pursuant to the local finance law consistent with effectuating
23 the purposes of this section. Where Suffolk county finances a project,
24 in whole, or in part, pursuant to the local finance law, the resolution
25 authorizing such indebtedness shall be accompanied by a report from the
26 county executive demonstrating how said indebtedness will be repaid by
27 the fund. Said report shall include an estimate of projected revenues of
28 the fund during the period of indebtedness. The report shall also
29 provide an accounting of all other indebtedness incurred against the
30 fund to be repaid for the same period. The county legislature shall
31 make findings by resolution that there will be sufficient revenue to
32 repay such indebtedness in its entirety from the fund before authorizing
33 such indebtedness. Monies in said fund may be appropriated from or
34 expended in any fiscal year to implement the powers set forth in this
35 section and to repay any indebtedness or obligations incurred pursuant
36 to the local finance law for the purposes authorized pursuant to this
37 section.
38 (b) (i) Water quality improvement projects shall be eligible for fund-
39 ing pursuant to this section. For purposes of this section, "water
40 quality improvement projects" shall mean the planning, design,
41 construction, acquisition, enlargement, extension, or alteration of a
42 county, town or village wastewater treatment facility, including indi-
43 vidual hookups, or an individual septic system, including an alternative
44 wastewater treatment facility or an individual septic system with active
45 treatment, to treat, neutralize, stabilize, eliminate or partially elim-
46 inate sewage or reduce pollutants, including permanent or pilot demon-
47 stration wastewater treatment projects, or equipment or furnishings
48 thereof. Such projects shall have as their purpose the remediation of
49 existing water quality to meet specific water quality standards consist-
50 ent with the SWP. Projects consistent with or listed in the SWP that are
51 part of a plan adopted by a local government resulting in a net nitrogen
52 reduction shall be eligible for consideration by the board of trustees,
53 established in accordance with subdivision six of this section.
54 (ii) Of the annual collections of the fund, administration of the
55 county wastewater management district shall not exceed ten percent. Not
56 less than seventy-five percent of the remaining annual funds after
A. 3009--B 130
1 administration shall be used toward funding individual septic systems
2 projects. In addition to water quality improvement projects, other
3 eligible expenditures from the fund shall include the preparation of an
4 annual SWP implementation action plan to protect, preserve, and rehabil-
5 itate groundwater, surface water, and drinking water.
6 (iii) Other than for the payment of indebtedness or obligations
7 incurred as set forth in paragraph (a) of this subdivision, and except
8 for the preparation of the SWP implementation plan, itself, no monies
9 may be expended until the SWP implementation plan has been prepared and
10 approved as provided for in this section.
11 (c) (i) Within the local law, ordinance or resolution establishing the
12 Suffolk county water quality restoration fund, pursuant to section one
13 thousand two hundred ten-F of the tax law, the county shall establish a
14 board of trustees of twenty-one members to prepare, review and approve
15 the SWP implementation plan for submission to the county executive and
16 county legislature and shall specify the powers and duties of the board
17 of trustees, including the procedures for appointment of a chairperson.
18 Such approval shall be in addition to all other approvals required by
19 law. The board of trustees shall consist of: (A) a representative from
20 the department of environmental conservation; (B) a representative from
21 the East End supervisors and mayors association; (C) a representative of
22 the Suffolk town supervisors association; (D) a representative of the
23 Suffolk County Village Officials Association; (E) a town representative
24 from the State Central Pine Barrens Joint Planning and Policy Commission
25 to be designated by the commission; (F) a municipal representative from
26 the Peconic Estuary Partnership; (G) a municipal representative from the
27 State South Shore Estuary Reserve; (H) a municipal representative from
28 the Long Island Sound Estuary; (I) a representative of the Long Island
29 Federation of Labor; (J) a representative of Building and Construction
30 Trades Council of Nassau & Suffolk counties; (K) a representative from a
31 regional environmental organization; (L) the chair of the Suffolk county
32 planning commission; (M) the county executive or designee; (N) the
33 presiding officer of the county legislature or designee; (O) the minori-
34 ty leader of the county legislature or designee; (P) the county depart-
35 ment of public works commissioner or designee; (Q) the county department
36 of health services commissioner or designee; (R) a representative from a
37 regional economic development organization; (S) a representative from
38 the liquid waste industry; (T) a representative from the Suffolk County
39 Alliance of Chambers, Inc.; and (U) a representative from the Long
40 Island Contractors Association.
41 (ii) The powers and duties of the board of trustees shall oversee the
42 annual audit pursuant to paragraph (e) of this subdivision, making
43 prudent recommendations for resource allocations for county-approved
44 alternative wastewater treatment technologies not contemplated in the
45 Suffolk county subwatersheds wastewater plan and long-term progress
46 monitoring of the implementation of the Suffolk county subwatersheds
47 wastewater plan regarding achievements of nitrogen load reductions and
48 ecological endpoints.
49 (d) Annual SWP implementation plan. The board of trustees shall
50 prepare, review and approve and submit to the county executive the SWP
51 implementation plan within one year of the effective date of this
52 section, and in every five years thereafter in a like manner. The board
53 of trustees shall conduct a public hearing on said plan before its
54 adoption or subsequent amendment. Said plan shall list every water qual-
55 ity restoration project which the county plans to undertake pursuant to
56 the fund and shall state how such project would improve existing water
A. 3009--B 131
1 quality. Funds may only be expended pursuant to this section for
2 projects which have been included in said plan. Said plan shall be
3 consistent with state, federal, county, and local government land use
4 and wastewater management plans. After submission and approval by the
5 county executive, such plan shall be submitted to the county legisla-
6 ture. Upon review, the county legislature shall determine, by local
7 law, whether to approve the proposed plan, if the plan is denied, the
8 plan shall be remanded to the board of trustees for further study. Such
9 plan shall not become effective until approved by local law. Projects
10 may be added or removed from the currently effective SWP implementation
11 plan in a like manner.
12 (e) Annual audit. The county shall annually commission an independent
13 audit of the fund. The audit shall be conducted by an independent certi-
14 fied public accountant or an independent public accountant. Said audit
15 shall be performed by a certified public accountant or an independent
16 public accountant other than the one that performs the general audit of
17 the county's finances. Such audit shall be an examination of the fund
18 and shall determine whether the fund has been administered consistent
19 with the provisions of this section and all other applicable provisions
20 of state law. Said audit shall be initiated within sixty days of the
21 close of the fiscal year of the county and shall be completed within one
22 hundred twenty days of the close of the fiscal year. A copy of the
23 audit shall be submitted annually to the state comptroller and the coun-
24 ty comptroller. A copy of the audit shall be made available to the
25 public within thirty days of its completion. A notice of the completion
26 of the audit shall be published in the official newspaper of the county
27 and shall also be posted on the internet website for the county. The
28 cost of the audit may be a charge to the fund.
29 (f) Annual report. In addition to any other report required by this
30 section, the board of trustees, through its chairperson, shall deliver
31 annually a report to the county legislature. Such report shall be
32 presented by May fifteenth of each year. The report shall describe in
33 detail the projects undertaken, the monies expended, and the administra-
34 tive activities of the water quality fund and district established in
35 accordance with this section, during the prior year. At the conclusion
36 of the report, the chairperson of the board of trustees shall be
37 prepared to answer the questions of the county legislature with respect
38 to the projects undertaken, the monies expended, and the administrative
39 activities during the past year.
40 § 4. Subdivisions (a) and (d) of section 1210-A of the tax law, as
41 amended by chapter 683 of the laws of 2007, are amended to read as
42 follows:
43 (a) In addition to the taxes imposed by section twelve hundred ten or
44 any other provision of this article, the county of Suffolk is hereby
45 authorized and empowered to adopt and amend a local law, ordinance or
46 resolution imposing within the territorial limits of said county an
47 additional sales and compensating use tax at the rate of one-quarter of
48 one percent for the period beginning December first, nineteen hundred
49 eighty-four and ending November thirtieth, two thousand [thirty] sixty,
50 which tax shall be identical to the tax imposed by said county pursuant
51 to section twelve hundred ten of this article. Except as hereinafter
52 provided, all provisions of this article, including the definition and
53 exemption provisions and the provisions relating to the administration,
54 collection and distribution by the commissioner, shall apply for
55 purposes of the tax imposed by this section in the same manner and with
56 the same force and effect as if the language of this article had been
A. 3009--B 132
1 incorporated in full in this section and had expressly referred to the
2 tax imposed by this section; provided, however, that any provision
3 relating to a maximum rate shall be calculated without reference to the
4 additional sales and compensating use tax herein authorized. For
5 purposes of part IV of this article, relating to the disposition of
6 revenues resulting from taxes collected and administered by the commis-
7 sioner, the additional sales and compensating use tax herein provided
8 shall be deemed to be imposed under the authority of section twelve
9 hundred ten of this article and all provisions relating to the deposit,
10 administration and disposition of taxes, penalties and interest relating
11 to a tax imposed by a county under the authority of section twelve
12 hundred ten of this article shall, except as otherwise specifically
13 provided in this section, apply to the additional sales and compensating
14 use tax imposed pursuant to this section.
15 (d) Notwithstanding any other provision of this article to the contra-
16 ry, the net collections from the tax imposed pursuant to subdivision (a)
17 of this section for the period beginning December first, nineteen
18 hundred eighty-eight and ending November thirtieth, two thousand [thir-
19 ty] sixty shall, upon payment to the county of Suffolk, be deposited in
20 a special fund, to be designated as a drinking water protection reserve
21 fund, to be created by said county therefor separate and apart from any
22 other funds and accounts of the county. Moneys in such fund shall be
23 deposited in one or more of the banks or trust companies designated, in
24 the manner provided by law, as a depository of the funds of such county.
25 Pending expenditure from such fund, moneys therein may be invested in
26 the manner provided in section eleven of the general municipal law. Any
27 interest earned or capital gain realized on the moneys so deposited or
28 invested shall accrue to and become part of such fund. Moneys in said
29 fund may be appropriated from and transferred to or expended in any
30 fiscal year only for the purposes of making payments pursuant to subdi-
31 visions (b) and (c) of this section for the period beginning December
32 first, nineteen hundred eighty-eight, to the extent that moneys in said
33 fund are remaining, and if authorized by local law, for the following
34 purposes:
35 (i) for the purposes of specific environmental protection (acquisition
36 of: farmland development rights; open space, wetlands, woodlands, pine
37 barrens and other lands for passive recreational uses; lands for hamlet
38 greens, hamlet parks, pocket parks, historic parks, cultural parks and
39 other lands for active/parkland recreational uses; lands necessary for
40 maintaining and protecting the quality of surface water, groundwater and
41 coastal resources);
42 (ii) for a water quality protection and restoration program or
43 programs and land stewardship initiatives;
44 (iii) for the purposes of county-wide property tax protection; and
45 (iv) for the purpose of sewer taxpayer protection.
46 Notwithstanding any special or local law, resolution or charter
47 provision to the contrary, moneys in said fund which have not been
48 appropriated from and transferred to or expended in any fiscal year for
49 the purposes of making payments pursuant to subdivisions (b) and (c) of
50 this section, may alternatively be appropriated for the purposes of
51 paying debt service on any new indebtedness incurred after the effective
52 date of the chapter of the laws of two thousand one that enacted this
53 paragraph pursuant to the local finance law in order to effectuate the
54 purposes described in paragraph (i) or (ii) of this subdivision. For the
55 purpose of allocating moneys in said fund pursuant to local law among
56 the purposes described in paragraphs (i), (ii), (iii) and (iv) of this
A. 3009--B 133
1 subdivision, moneys applied to the payment of debt service under the
2 authority of the previous sentence shall be considered by said county to
3 have been expended for the purposes for which such indebtedness was
4 incurred.
5 § 5. The tax law is amended by adding a new section 1210-F to read as
6 follows:
7 § 1210-F. Sales and compensating use tax for purposes of the Suffolk
8 county water quality restoration fund. (a) In addition to the taxes
9 imposed by section twelve hundred ten, section twelve hundred ten-A, or
10 any other provision of this article, the county of Suffolk is hereby
11 authorized and empowered to adopt and amend a local law, ordinance or
12 resolution, subject to a mandatory referendum, in accordance with the
13 provisions set forth in section twenty-three of the municipal home rule
14 law, imposing within the territorial limits of said county an additional
15 sales and compensating use tax at the rate of one-eighth of one percent
16 for the period beginning March first, two thousand twenty-four and
17 ending February twenty-ninth, two thousand sixty, which tax shall be
18 identical to the tax imposed by said county pursuant to section twelve
19 hundred ten of this article. Except as hereinafter provided, all
20 provisions of this article, including the definition and exemption
21 provisions and the provisions relating to the administration, collection
22 and distribution by the commissioner, shall apply for purposes of the
23 tax imposed by this section in the same manner and with the same force
24 and effect as if the language of this article had been incorporated in
25 full in this section and had expressly referred to the tax imposed by
26 this section; provided, however, that any provision relating to a maxi-
27 mum rate shall be calculated without reference to the additional sales
28 and compensating use tax herein authorized. For purposes of part IV of
29 this article, relating to the disposition of revenues resulting from
30 taxes collected and administered by the commissioner, the additional
31 sales and compensating use tax herein provided shall be deemed to be
32 imposed under the authority of section twelve hundred ten of this arti-
33 cle and all provisions relating to the deposit, administration and
34 disposition of taxes, penalties and interest relating to a tax imposed
35 by a county under the authority of section twelve hundred ten of this
36 article shall, except as otherwise specifically provided in this
37 section, apply to the additional sales and compensating use tax imposed
38 pursuant to this section.
39 (b) Notwithstanding any other provision of this article to the contra-
40 ry, the net collections from the tax imposed pursuant to subdivision (a)
41 of this section for the period beginning March first, two thousand twen-
42 ty-four and ending February twenty-ninth, two thousand sixty shall, upon
43 payment to the county of Suffolk, be deposited in a special fund, to be
44 designated as the water quality restoration fund to be created by said
45 county therefor separate and apart from any other funds and accounts of
46 the county. Moneys in such fund shall be deposited and secured in the
47 manner provided by section ten of the general municipal law and in no
48 event shall moneys deposited be transferred to any other account. In
49 addition to the net collections from the tax, deposits into the fund may
50 include revenues of Suffolk county from whatever source and may include
51 the acceptance of gifts. Pending expenditure from such fund, moneys
52 therein may be invested in the manner provided in section eleven of the
53 general municipal law. Any interest earned or capital gain realized on
54 the moneys so deposited or invested shall accrue to and become part of
55 such fund. Moneys in said fund may be appropriated from and transferred
A. 3009--B 134
1 to or expended in any fiscal year only for the purposes authorized by
2 subdivision eleven of section two hundred fifty-six-b of the county law.
3 § 6. Paragraph a of section 11.00 of the local finance law is amended
4 by adding a new subdivision 109 to read as follows:
5 109. Septic systems. The acquisition, construction, or reconstruction
6 of or addition to septic systems funded by programs established by the
7 county of Suffolk, twenty-five years.
8 § 7. This act shall take effect immediately.
9 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
10 sion, section or part of this act shall be adjudged by any court of
11 competent jurisdiction to be invalid, such judgment shall not affect,
12 impair, or invalidate the remainder thereof, but shall be confined in
13 its operation to the clause, sentence, paragraph, subdivision, section
14 or part thereof directly involved in the controversy in which such judg-
15 ment shall have been rendered. It is hereby declared to be the intent of
16 the legislature that this act would have been enacted even if such
17 invalid provisions had not been included herein.
18 § 3. This act shall take effect immediately provided, however, that
19 the applicable effective date of Parts A through NN of this act shall be
20 as specifically set forth in the last section of such Parts.
