2023 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.