New York Consolidated Laws, State Finance Law - STF § 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.





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