NY State Fin L § 23 (2021)
2021 New York Laws STF - State Finance Article 3 - The Budget 23 - Plans and Estimates.

§ 23. Plans and estimates. 1. Capital projects design and construction plans; preparation, approval and implementation. It shall be the duty of the  division  of the budget to coordinate the activities of the several departments and agencies of the state with respect to the  planning  and implementation  of  state  capital projects proposed to be undertaken by the departments and agencies, and in  the  discharge  of  the  duty  the director  of  the  budget  shall,  with  the  approval  of the governor, establish appropriate  procedures  with  respect  to  the  planning  and implementation.  The  head  of  any  department  or  agency of the state proposing to undertake the design or construction of a  capital  project shall  apply  to the division of the budget and request approval for any such work to be undertaken. The director of the budget  may  approve  or disapprove  any  such  application,  and  if approved, may authorize the preparation of plans for the project or the advertising for bids for the construction of the project and may allocate  funds  therefor  from  any moneys appropriated and available for the purpose.   2.  Capital  projects; initial submissions. So far as may be possible, the governor shall cause to be submitted to the chairman of  the  senate finance  committee  and  the  chairman  of  the  assembly ways and means committee for the use of the  committees  and  the  information  of  the legislature,  at  or  prior  to  the  time that the budget is submitted, preliminary plans and estimates relating to each of the capital projects for which appropriations are recommended in the budget, and in the  case of  proposed  acquisitions  of  land,  a  general  approximation  of the location of the land.   3. Financial plans and capital  improvement  program;  revisions.  Not later than thirty days after the legislature has completed action on the budget bills submitted by the governor and the period for the governor's review  has  elapsed,  the  governor  shall cause to be submitted to the legislature the revisions to the financial plans and  the  capital  plan required  by  subdivisions one, two, four and five of section twenty-two of this article as are necessary to account for all enactments affecting the financial plans and the capital plan. The financial plan shall  also contain a cash flow analysis of projected receipts and disbursements and other  financing  sources  or  uses for each month of the state's fiscal year. Notwithstanding any other law to the contrary, such revised  plans and   accompanying   cash  flow  analysis  shall  be  submitted  to  the legislature and the comptroller in the same form as the  plans  required by such subdivisions.   4.  Financial plan updates. Quarterly, throughout the fiscal year, the governor shall submit to the  comptroller,  the  chairs  of  the  senate finance  and  the assembly ways and means committees, within thirty days of the close of the quarter to which it shall pertain,  a  report  which summarizes  the  actual  experience  to  date  and  projections  for the remaining quarters of the current fiscal year and for each of  the  next two fiscal years of receipts, disbursements, tax refunds, and repayments of  advances  presented  in  forms  suitable  for  comparison  with  the financial plan submitted pursuant to subdivisions one, four,  and  five, of section twenty-two of this article and revised in accordance with the provisions  of  subdivision  three  of  this section. The governor shall submit with the budget a similar  report  that  summarizes  revenue  and expenditure  experience  to  date in a form suitable for comparison with the financial plan submitted pursuant  to  subdivision  two  of  section twenty-two of this article and revised in accordance with the provisions of  subdivision  three  of  this  section. Such reports shall provide an explanation of the causes of  any  major  deviations  from  the  revised financial  plans  and,  shall  provide  for the amendment of the plan or plans to reflect those deviations. The governor may, if he determines it  advisable, provide more frequent reports to  the  legislature  regarding actual  experience  as  compared  to  the financial plans. The quarterly financial plan update most proximate to  October  thirty-first  of  each year shall include the calculation of the limitations on the issuance of state-supported debt computed pursuant to the provisions of subdivisions one and two of section sixty-seven-b of this chapter.   5.  Financial  information  review.  Annually  on  or  before November fifteenth, the governor, temporary president of the senate, the  speaker of  the  assembly  and  the  comptroller  shall  cause  their respective appropriate personnel to meet and such meeting  shall  be  open  to  the public   for  the  purpose  of  jointly  reviewing  available  financial information to facilitate timely adoption  of  a  budget  for  the  next fiscal  year. Such review shall include meetings to discuss the economic outlook, revenue forecasts, projected spending, the impact  of  relevant state  and  federal  statutory  provisions, and any other matters deemed appropriate. Not later than November fifth, such respective  appropriate personnel  shall  separately  prepare  and  make  available  reports  on estimated state receipts and state disbursements  for  the  current  and ensuing  fiscal  years.  Each  report  on estimated state receipts shall include, but shall not be limited  to,  estimated  tax  receipts  on  an all-funds  basis,  estimated  lottery  receipts, estimated miscellaneous receipts to be received in the general fund, and the underlying  factors and  data  upon  which such estimated receipts are based. Each report on estimated state disbursements shall include, but shall  not  be  limited to,  estimates  of  state  disbursements for Medicaid and the underlying factors and data on which such estimates are based, estimates  of  state disbursements  for  public  assistance  and  the underlying caseload and other factors and data on which such estimates are based, and  estimates of  state  disbursements  for  assistance  for  elementary and secondary education and the underlying factors and data on  which  such  estimates are  based.  The  governor,  temporary  president  of the senate and the speaker  of  the  assembly  shall  cause  their  respective  appropriate personnel  to  meet  annually  on  or after November fifth to review the separate reports on estimated state receipts  and  state  disbursements. The  respective  appropriate  personnel  shall identify and evaluate the differences  between  the  estimates  of  state   receipts   and   state disbursements,  and  the  differences between the underlying factors and data on which such estimates  are  based,  and  separately  report  such differences  and  the  evaluation thereof to their principals. Not later than November fifteenth the governor, the  temporary  president  of  the senate  and  the  speaker of the assembly shall jointly prepare and make available on their internet websites a report on the  actual,  estimated and  projected  state  receipts  and  state disbursements for the prior, current and ensuing fiscal years, respectively, for  all  funds  of  the state.  Subsequent  review  shall be held within six weeks following the end of the first quarter of the fiscal year.   6. Consensus economic and revenue forecasting conference; report.  (a) By  the  end  of  February in each year, prior to the report required by paragraph (b) of this subdivision, the chairperson and ranking  minority member  of  the  senate  finance  committee, the chairperson and ranking minority member of  the  assembly  ways  and  means  committee  and  the director  of  the  budget shall jointly convene a consensus economic and revenue   forecasting   conference   in   the   form    of    a    joint legislative-executive hearing, for the purpose of assisting the governor and  the legislature in reaching the consensus revenue forecast required by paragraph (b) of this subdivision. The conveners  of  the  conference shall  invite  the  state comptroller and such other participants to the conference as shall, in their judgment, provide guidance on the  current  conditions  in, and probable outlook for the performance of, the economy of the state, as  well  as  the  effect  of  such  conditions  and  such performance on state receipts.  (b)  On or before March first in each year, the director of the budget and the secretary of the senate finance committee and the  secretary  of the  assembly  ways  and  means  committee  shall  issue  a joint report containing a consensus forecast of the economy and estimates of receipts for the current and the ensuing state fiscal  year.  Such  estimates  of receipts  shall include, but not be limited to: expected tax receipts on an  all-funds  basis,  projected  lottery  receipts,   and   anticipated miscellaneous  receipts to be received in the general fund. The estimate of receipts for the ensuing fiscal year contained in the  report,  shall be  all  receipts  from  such  sources  described  in  this  subdivision available to make disbursements authorized by  the  appropriation  bills submitted  by the governor pursuant to section three of article seven of the constitution for the ensuing fiscal year.  (c) On a failure of the director of the budget, the secretary  of  the senate  finance  committee  and  the  secretary of the assembly ways and means committee to issue a joint report containing a consensus  forecast as  provided in paragraph (b) of this subdivision, the state comptroller shall, on or before March fifth, provide estimates of receipts  for  the current and the ensuing state fiscal year. Such estimates shall include, but  not  be  limited  to,  expected tax receipts on an all-funds basis, projected lottery receipts, and miscellaneous receipts to be received in the general fund. In rendering his or her estimate, as required in  this paragraph,  the comptroller shall give due consideration to the inherent risks in economic and revenue forecasting and the interest of the  state to  maintain  budget balance throughout the fiscal year. The estimate of receipts for the ensuing fiscal year provided by the state  comptroller, shall  be all receipts from such sources available to make disbursements authorized by the appropriation bills submitted by the governor pursuant to section three of article seven of the constitution  for  the  ensuing fiscal year.   * 7.  Budget  balance.  (a)  As used in this section, such terms shall have the following meanings:  (i) "Actual state operating funds tax receipts" shall mean  the  state operating  fund  tax  receipts, reported by the state comptroller in the monthly report to the legislature  on  the  state  fund  cash  basis  of accounting,  prepared  in  accordance  with  paragraph  a of subdivision nine-a of section eight  of  this  chapter,  immediately  following  the measurement period;  (ii) "Actual state operating funds disbursements" shall mean the state operating  funds disbursements, reported by the state comptroller in the monthly report to the legislature  on  the  state  fund  cash  basis  of accounting,  prepared  in  accordance  with  paragraph  a of subdivision nine-a of section eight  of  this  chapter,  immediately  following  the measurement  period. Such disbursements shall be adjusted to include any amounts withheld pursuant to this section or any other payment reduction authorized by law, including, but not  limited  to,  payment  reductions authorized  by  a  chapter  of  the  laws  of two thousand twenty making appropriations for aid-to-localities.  (iii) "Estimated state operating funds tax receipts"  shall  mean  the state  operating  funds tax receipts estimated to be received during the measurement period by the division of the budget in the financial plan.  (iv) "Estimated state operating funds disbursements"  shall  mean  the state  operating  funds  disbursements,  estimated to be made during the measurement period by the division of the budget in the financial plan.  (v) "Financial plan" shall mean  a  financial  plan  prepared  by  the division  of  the  budget pursuant to section twenty-two of this article and this section and used for the measurement period.  (vi)   "Measurement  period"  shall  mean  the  period  in  which  the difference  between  actual  state  operating  funds  tax  receipts  and estimated  state  operating  funds  tax  receipts  shall be measured for purposes of this section. The first measurement period  shall  begin  on April  first,  two  thousand  twenty  and  end  on  April thirtieth, two thousand twenty. The financial plan estimates for this period  shall  be the  executive  financial  plan as updated for governor's amendments and forecast revisions issued in February two thousand  twenty.  The  second measurement  period  shall begin on May first and end on June thirtieth, two thousand twenty. The third measurement period shall  begin  on  July first,  two  thousand twenty and end on December thirty-first, 2020. The financial plan for the second and third measurement periods shall be the enacted budget financial plan for the two thousand twenty--two  thousand twenty-one fiscal year issued pursuant to this section.  (b)  The executive and the legislature shall maintain a budget that is in balance in the general fund  on  a  cash  basis  of  accounting.  For purposes  of this section, the budget shall be deemed unbalanced for the fiscal year if, during any measurement period,  actual  state  operating funds  tax receipts are less than ninety-nine percent of estimated state operating  funds  tax  receipts,  or  actual   state   operating   funds disbursements  are  more  than  one hundred and one percent of estimated state operating funds disbursements, or both.  (c) Notwithstanding any provision of law to the  contrary,  if,  on  a cash  basis  of accounting, a general fund imbalance has occurred during any measurement period, as defined in paragraph (a) of this subdivision, the director of the budget is hereby authorized to adjust or reduce  any general fund and/or state special revenue fund appropriation and related cash disbursement by any amount needed to maintain a balanced budget for the  two  thousand twenty--two thousand twenty-one fiscal year. Provided however that such adjustments or  reductions  shall  be  done  uniformly across-the-board to the extent practicable or by specific appropriations as  needed. Notwithstanding any other law to the contrary, to the extent any individual or entity is entitled to any cash disbursement  which  is reduced  in  accordance  with  this provision, such entitlement shall be adjusted or reduced commensurate with adjustments or reductions made  by the director of the budget in accordance with this subdivision.  (d)  The  following  types of appropriations shall be exempt from such reduction pursuant to this subdivision: (i) public  assistance  payments for  families  and individuals and payments for eligible aged, blind and disabled persons related  to  supplemental  social  security;  (ii)  any reductions  that  would  violate  federal  law;  (iii)  payments of debt service and related expenses for which  the  state  is  constitutionally obligated  to pay debt service or is contractually obligated to pay debt service, subject to an appropriation, including where the  state  has  a contingent  contractual  obligation;  and  (iv)  payments  the  state is obligated to make pursuant to court orders or judgments.  (e) Prior to any such adjustments or reductions, the director  of  the budget  shall  notify  in  writing  the  chairs  of  the  senate finance committee and assembly ways and means committee. The  legislature  shall then have ten days following the receipt of such written notification to either  prepare  its  own  plan,  which  may  be  adopted  by concurrent resolution passed by both houses and implemented by the division of  the budget,  or  if  after  ten  days the legislature fails to adopt its own plan, the reductions to the general fund and state special revenue  fund  aid to localities appropriations and related disbursements identified in the division of the budget plan will go into effect automatically.  (f)  Any reductions to general fund and state special revenue fund aid to  localities  appropriations  and  related  cash  disbursements   made pursuant  to  this section may be paid in full or in part if one or both of the following events occur: (i)  actual  state  operating  funds  tax receipts through February twenty-eighth, two thousand twenty-one are not less  than  ninety-eight  percent of estimated state operating funds tax receipts through February twenty-eighth,  two  thousand  twenty-one;  or (ii) the federal government provides aid that the director of the budget deems  sufficient  to  reduce  or eliminate the imbalance in the general fund for the two thousand twenty--twenty-one fiscal year  and  does  not adversely    impact    the    budget    gap    in   the   two   thousand twenty-one--twenty-two fiscal year. No such payments shall  be  made  in part  or  in  full  until the director of the budget certifies that: the general fund has resources  sufficient  to  make  all  planned  payments anticipated  in  the  financial  plan including tax refunds, without the issuance of deficit bonds or  notes  or  extraordinary  cash  management actions;  the  balances  in  the tax stabilization reserve and rainy day reserve (together, the "rainy day reserves") have  been  restored  to  a level  equal  to the level as of the start of the fiscal year; and other designated balances have been maintained, as provided by law.   * NB Repealed March 31, 2021