STATE OF NEW YORK
        ________________________________________________________________________

                                          8518

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 7, 2019
                                       ___________

        Introduced by M. of A. COLTON -- read once and referred to the Committee
          on Ways and Means

        AN  ACT  relating  to making veterans organizations eligible for funding
          under the state and municipal facilities program; and to amend chapter
          54 of the laws of 2017,  enacting  the  Capital  Projects  budget,  in
          relation to including veterans organizations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. For the state fiscal year 2017-18 and thereafter,  veterans
     2  organizations shall be eligible for any monies appropriated to the state
     3  and municipal facilities program for the payment of capital costs.
     4    §  2.  That part, entitled "MISCELLANEOUS -- ALL STATE DEPARTMENTS AND
     5  AGENCIES", of section 1 of chapter 54 of the laws of 2017, enacting  the
     6  "Capital  Projects Budget", as amended by section 1 of part K of chapter
     7  61 of the laws of 2017, is amended by adding thereto the items hereinbe-
     8  low set forth in italic and is amended by deleting therefrom  the  items
     9  hereinbelow set forth in brackets as follows:
    10                   STATE AND MUNICIPAL FACILITIES PROGRAM

    11                         CAPITAL PROJECTS   2017-18

    12                                          APPROPRIATIONS  REAPPROPRIATIONS

    13    Capital Projects Funds - Other .....     398,500,000     1,253,250,000
    14                                        ----------------  ----------------
    15      All Funds ........................     398,500,000     1,253,250,000
    16                                        ================  ================

    17  STATE AND MUNICIPAL FACILITIES PROGRAM (CCP) ............... 398,500,000
    18                                                            --------------

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05720-01-9

        A. 8518                             2

     1    Capital Projects Funds - Other
     2    Capital Projects Fund
     3    State and Municipal Facilities Purpose

     4  For   payment   of   the  capital  costs  of
     5    construction, improvement,  rehabilitation
     6    or  reconstruction  of facilities owned by
     7    eligible  entities;  the  acquisition   of
     8    capital  facilities and assets by eligible
     9    entities, including fixed capital  assets;
    10    the  acquisition  by  eligible entities of
    11    equipment  and   other   capital   assets,
    12    including  vehicles, in support of health,
    13    safety,  technology,  or  innovation;  the
    14    acquisition by an eligible entity of capi-
    15    tal  assets with a useful life of not less
    16    than ten  years  purchased  for  the  sole
    17    purpose   of   preserving  and  protecting
    18    infrastructure that is  owned,  controlled
    19    or  appurtenant  to  an  eligible  entity,
    20    including but not limited  to  heavy  duty
    21    road  maintenance  and  construction vehi-
    22    cles, pavers, snow plows, street  sweepers
    23    and  heavy  duty  fire, emergency response
    24    and  law  enforcement  vehicles;  economic
    25    development   projects  sponsored  by  the
    26    state  or   municipal   corporations,   as
    27    defined in section 2 of the general munic-
    28    ipal  law, that will create or retain jobs
    29    in New York  state  as  certified  by  the
    30    commissioner of the department of economic
    31    development;   or  environmental  projects
    32    sponsored by the state or municipal corpo-
    33    rations as defined in  section  2  of  the
    34    general  municipal law.  Eligible entities
    35    shall  consist  of  the  state;  municipal
    36    corporations  as  defined  in section 2 of
    37    the general municipal law; water and sewer
    38    districts; the Metropolitan Transportation
    39    Authority; a college or university  estab-
    40    lished  pursuant  to  section  352  of the
    41    education law, section 6203 of the  educa-
    42    tion  law or section 6302 of the education
    43    law; an independent not-for-profit  insti-
    44    tution  of  higher education as defined in
    45    subdivision  2  of  section  6401  of  the
    46    education  law;  public  school districts;
    47    public   housing    authorities;    public
    48    libraries and library systems chartered by
    49    the  regents  of  the state of New York or
    50    established by an act of the  legislature;
    51    public   park  conservancies  or  not  for
    52    profit  corporations  organized  for   the
    53    purpose of investing in parks owned by the
    54    state   or   municipal   corporations,  as
    55    defined in section 2 of the general munic-

        A. 8518                             3

     1    ipal law; not for profit  fire  districts,
     2    fire  commissions,  fire  companies,  fire
     3    departments, volunteer  rescue  and  ambu-
     4    lance  squads; veterans organizations; and
     5    special act school districts, schools  for
     6    the blind and deaf and other students with
     7    disabilities  subject to article 85 of the
     8    education law,  and  private  schools  for
     9    students   with   disabilities  authorized
    10    pursuant to chapter 853  of  the  laws  of
    11    1976.
    12  Costs  may include, but shall not be limited
    13    to  engineering  services,   construction,
    14    project  management, right-of-way acquisi-
    15    tion, and work appurtenant  and  ancillary
    16    thereto.  No funds from this appropriation
    17    may be used as  a  required  match  or  be
    18    considered  a  local  share to other state
    19    programs  or  to  leverage  state  aid  or
    20    grants  including  but  not limited to the
    21    apportionment of aid under  the  education
    22    law.  Notwithstanding any provision of law
    23    to the contrary, funds appropriated herein
    24    may, subject to the approval of the direc-
    25    tor  of  the  budget, be (i) interchanged,
    26    (ii) transferred from  this  appropriation
    27    to  any  other  appropriation of any state
    28    department,  agency  or   public   benefit
    29    corporation,  or (iii) suballocated to any
    30    other state department, agency  or  public
    31    benefit   corporation,   to  achieve  this
    32    purpose.
    33  Notwithstanding the foregoing,  any  limita-
    34    tions   contained  therein  or  any  other
    35    inconsistent provision of law, funds  from
    36    this  appropriation  shall  also be avail-
    37    able, including for payment of liabilities
    38    incurred or payments made prior  to  April
    39    1,  2017, (i) for any purpose, individual,
    40    or entity authorized under the Lake Ontar-
    41    io-St. Lawrence Seaway  flood  relief  and
    42    recovery  grant program established pursu-
    43    ant to a chapter  of  the  laws  of  2017,
    44    subject to the approval of the director of
    45    the  budget,  and  (ii) for payment of the
    46    costs of other storm  recovery  and  miti-
    47    gation  projects, not to exceed 10,000,000
    48    dollars in the aggregate to municipalities
    49    and special districts in (a) the  counties
    50    of  Chautauqua,  Cattaraugus  and Allegany
    51    for damages sustained as  a  result  of  a
    52    severe  storm  and flooding which occurred
    53    July 14 and 15, 2015,  in  an  amount  not
    54    less  than  6,800,000  dollars  or (b) the
    55    county of  Monroe  for  damages  resulting

        A. 8518                             4

     1    from a severe storm which occurred March 8
     2    and  9,  2017,  in an amount not to exceed
     3    2,000,000  dollars subject to the approval
     4    of the director of the budget (SM0117SM) ... 398,500,000
     5                                              --------------
     6    § 3. This act shall take effect immediately; and shall  be  deemed  to
     7  have been in full force and effect on and after April 1, 2017.