NY State Fin L § 22 (2021)
2021 New York Laws STF - State Finance Article 3 - The Budget 22 - The Budget; Contents.

§  22.  The  budget;  contents.  The  budget submitted annually by the governor to the legislature, in accordance with  article  seven  of  the constitution,   in   addition   to   the  information  required  by  the constitution to be set forth therein, shall:   1.  include  a  summary  financial  plan  showing  for  each  of   the governmental  fund  types:  (a)  the  disbursements estimated to be made before the close of the current fiscal year and the moneys estimated  to be  available  from  receipts  and  other  sources therefor; and (b) the disbursements proposed to be made during the ensuing  fiscal  year,  and the  moneys  estimated  to  be available from receipts and other sources therefor inclusive of any receipts which are  expected  to  result  from proposed  legislation  which  he  deems  necessary  to  provide receipts sufficient to meet such proposed disbursements. For the purposes of this summary  financial  plan,  disbursements  shall  be  presented  by   the following  purposes: state purposes, local assistance, capital projects, debt service, and general state charges; receipts shall be presented for each fund type by each revenue source which accounts for  at  least  one per  centum  of all such receipts and otherwise by categories of revenue sources; receipts and disbursements for special revenue funds  shall  be presented  separately  for  federal  funds and all other special revenue funds. Whenever receipts or disbursements are proposed to be moved to  a different   fund  type,  each  significant  amount  so  moved  shall  be identified.   1-a. within ten days following the submission of the  financial  plans presented  in  accordance  with  subdivision  one  of  this section, the director of the budget shall submit to the chairs of the senate  finance and  the  assembly ways and means committees and the comptroller summary financial plans of receipts and disbursements for the internal  service, enterprise, and fiduciary fund types.   1-b.  within  ten days of the submission of the financial plan for the special revenue fund type, the director of the budget  shall  submit  to the  chairs of the senate finance and assembly ways and means committees a schedule of receipts and disbursements by account within each  special revenue  fund,  excluding  those which are financed primarily by federal grants.   1-c. within ten days following the submission of the  financial  plans presented  in  accordance  with  subdivision  one  of  this section, the director of the budget shall submit to the chairs of the senate  finance and  the  assembly  ways  and  means  committees  and the comptroller an estimate of the fiscal impact  of  the  executive  budget  general  fund changes  on  local governments and, where practicable, the fiscal impact on local governments of the executive budget all fund changes concerning the  medicaid  program,  homeland  security   program,   and   workforce investment  programs. Such estimate shall be presented by class of local government and shall measure all of the impacts of the executive budget, including aid program changes, reimbursement changes, statutory  changes in  authorizations for local taxation, mandates on local governments and other requirements.  Such  estimate  shall  show  the  impact  on  local governments  by  local  fiscal  years affected and shall cover the first local fiscal year affected as well as the  ensuing  local  fiscal  year. Where  such estimate depends on any local option or action, the estimate shall  explicitly  describe  the  assumptions  used  to  calculate   the estimate.  When  under  existing law a local tax option or program would end and the executive budget  proposes  the  continuation  thereof,  the impact  shall  be  identified  as  a  "deferral  of sunset" and shall be calculated as a separate component of such estimate.   2.  include  a  summary  financial  plan  showing  for  each  of   the governmental  fund  types:  (a)  all of the expenditures estimated to be  made, in  accordance  with  generally  accepted  accounting  principles, before  the close of the current fiscal year and all of the expenditures proposed to be made, in accordance with  generally  accepted  accounting principles,  during the ensuing fiscal year; and (b) all of the revenues estimated to accrue, in accordance with  generally  accepted  accounting principles,  before  the close of the current fiscal year and during the ensuing fiscal year inclusive of any  revenues  which  are  expected  to result from the proposed legislation which he deems necessary to provide receipts  sufficient to meet proposed disbursements. For the purposes of this summary financial plan, expenditures  shall  be  presented  by  the following  purposes: state purposes, local assistance, capital projects, debt service, and general state charges; and revenues shall be presented by each revenue source which accounts for at least one per centum of all such revenues and otherwise by categories of revenue sources.   3. show for each fund type (unless  otherwise  specified)  in  a  form suitable for comparison:   a.  The  appropriations,  including  reappropriations,  made  for  the current fiscal year, the appropriations and reappropriations recommended for the ensuing fiscal year, the  disbursements  estimated  to  be  made before  the  close  of  the  current fiscal year and proposed to be made during the ensuing fiscal year  based  upon  available  and  recommended appropriations  and  reappropriations. Disbursements proposed to be made shall be  shown  in  separate  parts  as  follows:  those  disbursements proposed  to  be made for state purposes shall be set forth in one part, those disbursements proposed to be made for local  assistance  shall  be set  forth  in  another  separate and distinct part, those disbursements proposed to be made for capital projects shall be set forth in  a  third separate  and  distinct part and those disbursements proposed to be made for debt service shall be set forth in a fourth  separate  and  distinct part.  The  effect  of  any  proposed  changes  in  the payment dates of particular disbursements on the financial plan presented  in  accordance with subdivision one of this section shall be set forth separately.   a-1.   For   each   state   agency,   the   appropriations,  including reappropriations, made for the current fiscal year and  recommended  for the  ensuing  fiscal  year  for  contracts  for  services made for state purposes.   a-2. For each state agency, the disbursements  estimated  to  be  made before  the  close  of  the  current fiscal year and proposed to be made during the ensuing fiscal year for contracts for services made for state purposes.   a-3. For each state agency, the estimated number  of  employees  hired for  the  current  fiscal  year  and  anticipated to be hired during the ensuing fiscal year pursuant to contracts for services  made  for  state purposes  based  upon annual employment reports submitted by contractors pursuant to section one hundred sixty-three of this chapter.   b. In separate sections for each fund type, the receipts actually  had and received during the preceding fiscal year, the receipts estimated to be  available  and  received during the current and ensuing fiscal years respectively listed by each  major  source,  including  statistical  and summary  tables  and  a  narrative  which  includes  a discussion of the assumptions used in estimating such receipts. The effect of any proposed changes  in  the  rates,  bases,  payment  dates  or  other  aspects  of particular  sources  of  receipts  on  the  financial  plan presented in accordance with subdivision one of  this  section  shall  be  set  forth separately and the assumptions used in calculating such effect. Whenever a  new  fee  or a new financing mechanism is proposed, a schedule of the new fee or financing mechanism shall be included for purposes of showing the effect of the new fee or financing mechanism on the financial plan.    c. The expenditures estimated to be made in accordance with  generally accepted  accounting  principles  before the close of the current fiscal year and proposed to be  made  in  accordance  with  generally  accepted accounting  principles  during  the  ensuing  fiscal  year. Expenditures estimated  and  proposed  to be made shall be shown in separate parts as follows: those expenditures for state purposes shall be set forth in one part, those expenditures for local assistance  shall  be  set  forth  in another  separate  and  distinct  part,  those  expenditures for capital projects shall be set forth in a third separate and distinct  part,  and those  expenditures  for  debt  service  shall  be set forth in a fourth separate and distinct part.   d. The revenues actually accrued in the  preceding  fiscal  year,  the revenues  estimated  to  accrue  during current and ensuing fiscal years respectively. Revenues from each tax shall be shown both  in  total  and net of refunds.   d-1.  A  schedule for the general fund showing the differences between projected operating results on a cash basis and those on  the  basis  of generally accepted accounting principles.   d-2.  Within  ten days following the submission of the financial plans presented in accordance with subdivisions one and two of  this  section, the  director  of  the  budget  shall  submit to the comptroller and the chairs of the senate finance committee and the assembly ways  and  means committee:  (i)  a  detailed  schedule  by  fund of the receipts and disbursements comprising such summary financial plan;  (ii) a schedule for each governmental fund type other than the general fund showing the differences between projected operating  results  on  a cash  basis  and  those  on  the  basis of generally accepted accounting principles;  (iii) a detailed schedule by fund of revenues and expenditures  within the general fund;  (iv)  a  detailed  schedule by fund of receipts for the prior, current and next three fiscal years.  Such  schedule  shall  present  the  major revenue  sources for each fund, including detail for each major tax, and major components of miscellaneous receipts; and  (v) an itemized list of transfers to and from the general fund.   e. The anticipated general fund quarterly  schedule  and  fiscal  year total  for  the  prior,  current  and  next  ensuing  fiscal  years  of: disbursements; receipts; repayments of advances; total tax refunds;  and refunds  for  the  tax  imposed under article twenty-two of the tax law. Such information shall be presented in the  same  form  as  the  summary financial plans presented in accordance with subdivisions one and two of this  section.  A  separate,  detailed, report of such schedule shall be provided with receipts shown by each major revenue  category,  including detail  for  each  major  tax  and  major  components  of  miscellaneous receipts, and with disbursements shown by major function or program. The director of the division of the budget shall submit concurrent with  the submission  of  the  financial  plan  to  the  legislature  pursuant  to subdivision two of this  section  and  with  each  update  thereafter  a revised  monthly  general  fund  cash  flow  projection  of receipts and disbursements for the current fiscal  year  that:  (1)  compares  actual results to (i) actual results through the same period for the prior year and  (ii)  the most recent prior update to the financial plan and to the enacted budget financial  plan;  (2)  summarizes  the  reasons  for  any variances; and (3) describes the revisions to the cash flow projections. The  monthly  general fund cash flow projection shall be stated by major category of local assistance,  personal  service,  nonpersonal  service, general  state  charges,  and  debt  service,  and  by major category of  revenue. Such reports shall  utilize  a  format  that  shall  facilitate comparison  and analysis with those reports submitted to the legislature by the office of audit and  control  pursuant  to  subdivision  nine  of section eight of this chapter.   e-1.  Within  ten days following the submission of the financial plans presented in accordance with subdivisions one and two of  this  section, the  anticipated  general  fund  monthly  and  governmental  fund  types quarterly schedule and fiscal year total for the ensuing fiscal year of: disbursements; receipts; repayments of advances; total tax refunds;  and refunds  for  the  tax  imposed under article twenty-two of the tax law. Such information shall be presented in the  same  form  as  the  summary financial plans presented in accordance with subdivisions one and two of this section.   e-2.  A  description  of  employment levels for each state department, division or office, for the prior, current and next ensuing fiscal  year containing:  (1) separate schedules for each fund type; and  (2)  an  all  funds  summary. Such information shall be presented in a form that facilitates  comparisons  among  agencies  and  across  fiscal years, and shall include:  (i) actual and projected full-time equivalents; and  (ii)  proposed  changes  to  the  work  force in the executive budget, including but not limited to: new  positions,  layoffs,  attrition,  and changes  in  funding sources. To the extent practicable, the division of the budget shall facilitate the provision of other relevant  information on  employment  to  the  legislature in a timely manner during the state fiscal year.   f. A statement explaining  any  differences  between  the  significant accounting policies used in the preparation of the documents required to be  submitted pursuant to this section and those used by the comptroller in the preparation of the financial statements contained in  the  annual report  to the legislature for the preceding fiscal year issued pursuant to subdivision nine of section eight of this chapter.   g. The estimated borrowings in anticipation of the  receipt  of  taxes and  revenues  and  the  amount of interest estimated to be paid thereon during the current  and  ensuing  fiscal  years  respectively,  and  the amounts  actually  so  borrowed  and  the interest actually paid thereon during the preceding fiscal year.   h. In connection with each statement of receipts  from  taxes  imposed pursuant  to  state  law, the total amounts collected or estimated to be collected therefrom.   i.  A  statement  setting  forth  state  involvement  in  the   fiscal operations  of  those public authorities and public benefit corporations which may be part of the development of  a  comprehensive  state  budget system and provided therefor in the state financial plan. Such statement shall  include  those public authorities and public benefit corporations with disbursements which  are  not  currently  reflected  in  the  state central  accounting system from proceeds of any notes or bonds issued by any public authority, and which bonds or notes would  be  considered  as state-supported  debt  as  defined  in  section  sixty-seven-a  of  this chapter. Such statement shall set forth the amount of all of the  bonds, notes  and  other  obligations  of each public authority, public benefit corporation and all other agencies and instrumentalities  of  the  state for  which the full faith and credit of the state has been pledged or on account of which the state has by law given its pledge or assurance  for the   continued   operation   and  solvency  of  the  authority,  public corporation, or other agency or instrumentality of  the  state,  as  the case   may  be.  Such  statement  shall  also  set  forth  all  proposed  appropriations to be  made  to  any  public  authority,  public  benefit corporation,  and any other agency or instrumentality of the state which has been created or continued by law and which is separate and  distinct from the state itself.   j.  Include  a  summary  financial  plan  for  the  funds of the state receiving tax check-off monies which  shall  include  estimates  of  all receipts  and  all  disbursements  for the current and succeeding fiscal years, along with the actual results from the prior fiscal year.   4.  a.  Include  a  three  year  financial  projection   showing   the anticipated disbursements and receipts for each of the governmental fund types  of  the  state.  For  the  purposes  of this three year financial projection, disbursements shall be presented by the following  purposes: state  purposes,  local  assistance,  capital  projects,  debt  service, transfers and general state charges with each major  function  or  major program identified separately within each purpose; and receipts shall be presented  by  each  major  revenue  category, including detail for each major tax, and major  components  of  miscellaneous  receipts  and  with disbursements  shown  by  major  function or program for the prior year, current year and next three fiscal years, and otherwise  by  each  major source which is separately estimated and presented pursuant to paragraph b  of  subdivision three of this section. Receipts and disbursements for special revenue funds shall be presented separately  for  federal  funds and all other special revenue funds. Whenever receipts and disbursements are  proposed  to  be  moved  to a different fund type, each significant amount so moved shall be explained. This three year financial projection shall include an explanation of  any  changes  to  the  financial  plans submitted in accordance with subdivision one of this section and include explanations  of  the  economic, statutory and other assumptions used to estimate the disbursements and receipts which  are  presented.  Whenever the  projections for receipts and disbursements are based on assumptions other than the current levels of  service,  such  assumptions  shall  be separately   identified   and   explained.   The  three  year  financial projections shall include a description of  any  projected  deficits  or surpluses.   5.  Include  a summary statement of operations for the proprietary and fiduciary fund types. Such summary statement of operations shall include the  estimated  and  projected  receipts  of  and   disbursements   from appropriations  and  reappropriations available or recommended from such fund types in the budget bills submitted by  the  governor  pursuant  to section   twenty-four   of  this  chapter.  Such  summary  statement  of operations  shall  be  revised  as  soon  as  is  practical  after   the legislature has completed action on such budget bills.   6.  Include  a  list  of  proposed  legislation  submitted pursuant to section three of article seven of the constitution.   7. Notwithstanding any provision  of  law  to  the  contrary,  budgets submitted  pursuant  to  this section shall not recommend first instance expenditures. Any anticipated  reimbursement  of  proposed  expenditures shall be shown as receipts or revenues to the appropriate fund.   8.  Within  ten  days  following  the  submission of the budget by the governor, the director of the budget shall transmit to the chairs of the senate finance committee and the assembly ways  and  means  committee  a report,  by agency, program, and fund, including but not limited to, the following information pertaining to financed equipment acquisitions  for state  departments,  agencies  and units of the state university and the city  university  of  New  York  including  those   financed   equipment acquisitions  financed  by the issuance of certificates of participation or similar instruments for state departments, agencies and units of  the state and city universities of New York:    1.  For  new  financed  equipment  acquisitions  to be financed in the ensuing fiscal year:  (a) An identification of the purposes of such financings, including:  (1) The nature of the equipment to be financed.  (2)  Whether  the  purposes  are  new  financings  or  refinancings of outstanding lease purchase and installment purchase agreements.  (3) The recommended method of financing.  (b)  The  estimated  purchase  cost  of  the  equipment  if  purchased outright.  (c) The estimated interest rate and term of such financings.  (d)  The  estimated expenses for the issuances of such certificates or similar instruments as such expenses are defined in section  sixty-six-b of this chapter.  (e)  A  schedule  of estimated lease purchase payments by state fiscal year for such financings, and estimated total financing costs.   2. For outstanding financed equipment acquisitions as of  April  first of  the  ensuing  fiscal  year  the  total estimated amount for lease or installment purchase payments for the ensuing fiscal year.   3.  For  outstanding  financed  equipment  acquisitions  financed   by certificates   of  participation  the  financing  costs  of  outstanding certificates of participation and similar instruments issued pursuant to section sixty-six-b of this chapter with estimated payment schedules  of all such outstanding obligations.   9.  Include a summary of disbursements by function of state government for the preceding fiscal year and the estimated  disbursements  for  the current and ensuing fiscal years in a form suitable for comparison. Such summary  shall  present  such  disbursements  by purpose as set forth in subdivision one of this  section  and  also  including  special  revenue funds-federal  and  special revenue funds-other. Such summary shall also describe the state entities, as defined by subdivisions five, six, seven and eight of section two-a of this chapter, within  each  function.  For the fiscal year beginning in nineteen hundred ninety-three, such summary shall  be  presented  within  ten  days of the budget submission for the general fund, special revenue funds-other, capital  projects  funds  and debt  service  funds.  For the fiscal year beginning in nineteen hundred ninety-four, such summary shall be presented with  the  budget  for  the general  fund  and  within ten days of the budget submission for special revenue funds-other, capital projects funds and debt service funds.  For fiscal  years  beginning in nineteen hundred ninety-five and thereafter, such summary shall be presented with the budget.   10. Include a statement showing projected disbursement for the current fiscal year and proposed disbursements for the ensuing  fiscal  year  by agency and bill and fund type. For the fiscal year beginning in nineteen hundred  ninety-three, such statement shall be presented within ten days of  the  budget  submission  for  the  general  fund,  special   revenue funds-other,  capital  projects  funds  and  debt service funds. For the fiscal year beginning in  nineteen  hundred  ninety-four,  such  summary shall  be  presented with the budget for the general fund and within ten days of the budget submission for special revenue  funds-other,  capital projects  funds  and  debt  service funds. For fiscal years beginning in nineteen hundred ninety-five  and  thereafter,  such  summary  shall  be presented with the budget.   11.  Within  ten  days following the submission of the financial plans presented in accordance with subdivisions one and two of  this  section, the  director  of  the  budget  shall submit to the chairs of the senate finance committee and the assembly ways  and  means  committee  for  the prior,  the  current and next ensuing fiscal years detailed schedules by agency for the general fund showing proposed appropriations in the state  operations and aid to localities budget bills with disbursements  to  be made  against  such  appropriations, as well as disbursements to be made against any existing appropriations.   12.  a. With respect to any proposed appropriations for the purpose of remedying state agency violations or past problems of the  environmental conservation  law  or regulations adopted thereunder within the proposed budget submitted annually by the governor to the legislature shall,  set forth  the  amount  recommended  to  remedy  each functional category of violation. A priority criterion to be  considered  in  determining  such recommended  appropriations  shall be the ranking of such violations and past problems as determined by the agency pursuant  to  paragraph  b  of subdivision one of section 3-0311 of the environmental conservation law, with  any  reordering  of  rankings  as  determined by the department of environmental conservation. Amounts appropriated shall be disbursed  for remediation   of   the  violation  or  problem  only  after  review  and determination by the department of  environmental  conservation  of  the adequacy  of  the  remedial  plan pursuant to paragraph g of subdivision three of section 3-0311 of the environmental conservation law.   b. Within thirty days following the submission of the  budget  by  the governor  for  each  fiscal  year,  beginning  with the nineteen hundred ninety-three--ninety-four fiscal year, the director of the budget  shall transmit  to the chairs of the senate finance committee and the assembly ways and means  committee  a  report  which  includes  project  specific information  for  proposed  appropriations for the purposes of remedying state  agency  environmental  violations  or  problems,  as   identified pursuant  to  section  3-0311  of  the  environmental  conservation law, contained within such submitted budget.   13. Include a summary financial plan for all research institutes which shall set forth:   a. estimates of all revenues and all  expenses  for  the  current  and succeeding  fiscal  years,  along with the actual results from the prior fiscal year; and   b. any agreement whereby  any  state  agency  will  provide  financial support  or  any  other  assistance to cover any operating loss for such research institute.   14. a. With respect to information technology projects,  dependent  on funding  in  the  executive  budget,  involving  one  or  more contracts projected to total ten million  dollars  or  more,  within  thirty  days following  the  submission of the budget by the governor for each fiscal year, beginning with the two thousand eight--two  thousand  nine  fiscal year,  the  director  of  the budget shall transmit to the chairs of the senate finance committee and the assembly ways  and  means  committee  a report which shall set forth the following:  (1) project summary describing the project purpose, proposed approach, key milestones, current status and timetable;  (2)  the proposed method of procurement, including whether the project will, in  whole  or  in  part,  utilize  a  centralized  contract  or  a sole-source contract; and  (3)  the proposed funding source, financing method and estimated costs by fiscal year.   b. Information provided pursuant to paragraph a  of  this  subdivision may  not  be  disclosed to any party other than a governmental entity as defined in section one hundred thirty-nine-j of this  chapter,  if  such disclosure  would impair the fairness or competitiveness of a pending or potential procurement process.   Estimated costs by fiscal year shall not be disclosed.   15. The division of the budget shall prepare the  reports,  schedules, and  other  information  described  in  this  subdivision. To the extent  practicable, such reports, schedules, and  information  shall  be  in  a form, and presented at a level of detail, that facilitates comparison on an  annual  basis  and  against actual results, as appropriate, and in a manner  consistent  with  the other reporting requirements enumerated in this section. The reports, schedules, and other information required  by this  subdivision  shall be submitted to the chair of the senate finance committee, the chair of the  assembly  ways  and  means  committee,  the minority  leaders  of  both houses, and the comptroller according to the schedules set forth in this section. In determining  the  final  content and  format of the information required by this section, the division of the budget shall consult annually with the designees  of  the  temporary president  of  the  senate,  the  speaker  of the assembly, the minority leaders of both houses, and the comptroller. All  information  described in this subdivision shall be made available to the public.   a.  The executive budget, the enacted budget report and each quarterly update to the financial plan  shall  include  an  updated  general  fund forecast   of  receipts  and  disbursements  for  the  current  and  two succeeding fiscal years. Such updated forecast  shall  clearly  identify and  explain the revisions to the receipts and disbursements projections from the most recent  prior  update  to  the  financial  plan,  and  any significant  revisions  to the underlying factors affecting receipts and disbursements by major function, and may include, but not be limited to: caseload, service, and utilization rates; demographic  trends;  economic variables;  pension  fund performance; incarceration rates; prescription drug  prices;  health   insurance   premiums;   inflation;   contractual obligations; litigation; and state employment trends.   b.  The  capital  program  and  financing  plan  submitted pursuant to section twenty-two-c of this article, and the  update  thereto  required pursuant to section twenty-three of this article, shall include a report on  the management of state-supported debt. Such report may include, but is not limited to: (1) an assessment of the affordability of state debt, including debt as a percent of personal income,  debt  per  capita,  and debt  service  costs  as  a  percent  of  the  budget; (2) a summary and analysis of the interest rate  exchange  agreements  and  variable  rate exposure;  and  (3)  an assessment of financing opportunities related to the state's debt portfolio.   16. The governor shall  make  all  practicable  efforts  to  amend  or supplement the budget and submit supplemental bills or amendments to any bills  pursuant  to  article seven of the constitution within twenty-one days after the budget is submitted to the legislature.