Unpacking the New York State 2021–22 Executive Budget

NY State Government: Week in Review

On January 19, Governor Andrew Cuomo released his Executive Budget proposal for the state fiscal year (SFY) 2021–22 (April 1, 2021–March 31, 2022). The budget proposal reflects the Governor’s fiscal and policy priorities, including his proposals set forth in his State of the State address given the week of January 11. The Governor’s Executive Budget proposes $163 billion in state spending; projects a two-year, $15 billion gap between estimated revenue and spending; and is contingent on billions in state and local aid from the federal government to both close the estimated gap and to offset potential spending cuts and revenue raisers (e.g., taxes and fees) that may otherwise be necessary.

The Executive Budget provides additional details on many of Governor Cuomo’s State of the State proposals, including the Pandemic Recovery and Restart Program, the authorization of mobile sports betting, the creation of a regulated adult-use cannabis program, the New York Forward Loan Fund to support small businesses, investment in large-scale renewable energy projects, affordable housing preservation and employer child care credits, among many other priorities.

In this brief synopsis, you will find short descriptions of the Article 7 legislative proposals contained in the SFY 2021–22 Executive Budget. These proposals and proposed monetary appropriations by the Governor will now be reviewed by—and negotiated with—the state legislature, with the goal of reaching an agreement on and enacting an overall state budget by April 1, 2021.

The Manatt team is currently reviewing the Executive Budget documents. We will be issuing an in-depth budget analysis in the near future, and we will be monitoring the proceedings of the continuing Joint Legislative Budget Hearings as well. In the interim, we are pleased to share this high-level overview.

If you have any questions, please do not hesitate to contact any of the members of the Manatt Albany team at 518.431.6700, or email us here.

Health and Mental Hygiene

Title Part Purpose
Extend the Medicaid Global Cap A This bill would make statutory changes necessary to extend the Medicaid Global Cap.
Pharmaceutical-Related Recommendations B This bill would make statutory changes necessary to reduce coverage for over-the-counter drugs and discontinue prescriber prevails.
Establish a 340B Reimbursement Fund C This bill would establish a supplemental payment pool in which the Department of Health would reinvest a portion of the savings from the fee-for-service pharmacy benefit carve-out directly to 340B providers, excluding hospitals, to offset 340B revenue losses in managed care and maintain critical services in the community.
Hospital-Related Recommendations D This bill would make statutory changes necessary to reduce the hospital-related Medicaid capital rate add-on and to discontinue the public Indigent Care Pool.
Modify Worker Recruitment and Retention Funding E This bill would modify worker recruitment and retention funding by 50 percent.
Comprehensive Regulatory Telehealth Reform F This bill would codify and make permanent certain COVID-19 reforms to expand access to telehealth services.
Authorization and Implementation of Medical Respite Pilot Programs G This bill would add new language to Public Health Law that would allow the Department of Health to authorize and implement medical respite pilot programs.
Eliminate Essential Plan Premiums H This bill would eliminate $20 premiums for Essential Plan members.
New York State of Health Marketplace Federal Waiver Authorization I This bill would authorize the commissioner of the Department of Health to apply for federal waiver authority for the New York State of Health Marketplace.
Authorize an Assortment of Provisions to Protect Consumers From High Drug Prices and Surprise Billing J This bill would make statutory changes necessary to regulate the registration and licensure of pharmacy benefit managers.
Restructure and Extend the Physicians’ Excess Medical Malpractice Program K This bill would amend Civil Practice Law to restructure physicians’ excess medical malpractice payments to insurers from one annual payment to two installments split over two fiscal years, reduce the state support for future policy years by 50 percent and extend provisions of the hospital excess liability pool through June 30, 2022.
Modify General Public Health Works (GPHW) Reimbursement L This bill would modify reimbursement of certain public health funding for New York City to reflect the availability of alternative funding sources.
Discontinue Research and Education Programs M This bill would propose legislation to discontinue the Empire Clinical Research Investigator Program (ECRIP) and would initiate the phaseout of the stem cell and spinal cord research programs by allowing current contracts to continue through the current expiration date.
Eliminate ePrescribing Exemptions N This bill would amend both Public Health Law and Education Law to eliminate prescriber exemptions to the mandatory electronic prescribing (ePrescribing) requirement, except for emergency situations.
Miscellaneous Public Health Recommendations O This bill would discontinue support for certain public health legacy programs within the Department of Health (DOH), including the Enhanced Quality of Adult Living (EQUAL) program, the Hospital Audit program and the Enriched Housing program, to align available resources with core mission programs.
Pharmacist Scope of Practice; Collaborative Drug Therapy Management and Immunizations P This bill seeks to expand pharmacists’ role in support of public health by providing authorization to be designated as a qualified health care professional for the purposes of lab testing and administration of immunizations, as well as to expand collaborative drug therapy management in community settings to include nurse practitioners.
Modernize the Office of Professional Medical Conduct (OPMC) Q This bill would provide the Department of Health with more robust tools to investigate, clarify and simplify requirements of physicians and hold physicians accountable for misconduct, while providing greater information to health care consumers on physicians and their conduct.
Eliminate Barriers for Gender Designation on Identity Documents and Name Changes for Transgender and Gender-Nonconforming New Yorkers R This bill would eliminate barriers in the legal name change process by removing requirements that name changes be published in a newspaper and would establish a reasonable standard for the sealing of name change records when requested. Additionally, this bill would remove barriers to ensuring that a person’s gender identity is accurately reflected on an identity document.
Extend Various Provisions of the Public Health and Social Services Laws S This bill would extend various expiring laws to maintain financial plan savings by continuing certain previously enacted Medicaid and health savings initiatives authorized in the Public Health Law and Social Services Law.
Extend the Authority of Facility Directors to Act as Representative Payees T This bill would extend for three years the authority of the Office of Mental Health (OMH) and Office for People With Developmental Disabilities (OPWDD) facility directors to act as representative payees to use funds for the cost of a resident’s care and treatment.
Extend the Authority of the OMH and OPWDD to Appoint Temporary Operators U This bill would extend for five years current law allowing the Office of Mental Health (OMH) and the Office for People With Developmental Disabilities (OPWDD) to appoint temporary operators to preserve limited resources, protect the health and safety of patients and individuals, and protect the state’s investment in such programs, services and facilities.
Extend Demonstration Programs for Inpatient Psychiatry Units V This bill would extend the existing processes for certain time-limited demonstration programs that provide children and adults with specialized inpatient psychiatry units.
Extend Community Reinvestment for State Psychiatric Center Inpatient Bed Closures W This bill would extend for three years community reinvestment for state psychiatric center inpatient bed closures.
Suspend Notification and Community Reinvestment Requirements for Office of Mental Health (OMH) Facility Closures X This bill would ensure that reforms intended to facilitate the cost-effective and efficient operation of hospitals, facilities and programs run by the Office of Mental Health (OMH) could be effectuated by the commissioner during SFY 2021–22. Currently, such reforms are subject to a one-year notification period before they can be implemented.
Establish Standards for Addiction Professionals to Protect New Yorkers From Predatory Practices Y This bill would amend Mental Hygiene Law (MHL) to clarify the ability of the Office of Addiction Services and Supports (OASAS) to set standards for addiction professionals to allow for a continuum of individuals who can assist those suffering from a substance use disorder. Further, this bill would allow OASAS to set fees for credentialing, licensing, certifying or authorizing addiction professionals and providers, as well as the establishment, certification or recertification of OASAS programs and services.
Increase Penalties for Mental Hygiene Law Violations and Establish Application Fees for Office of Mental Health Operating Certificates Z This bill would enhance the commissioner of the Office of Mental Health’s ability to impose sanctions due to a provider’s failure to comply with the terms of their operating certificate or applicable law and charge fees for the purpose of processing applications for the issuance of operating certificates.
Comprehensive Crisis Reform AA This bill would amend Mental Hygiene Law (MHL) to provide more options for law enforcement responding to individuals in emotional distress and allow for the creation of Crisis Stabilization Centers, provide renewal options for Assisted Outpatient Treatment (AOT) orders and clarity for additional periods of treatment, and add new criteria to the definition of “likelihood to result in serious harm” to ensure people have access to the mental health services they need.
Combine the Institute for Basic Research With the New York State Psychiatric Institute BB This bill would combine the responsibilities of the New York State Institute for Basic Research in Developmental Disabilities (IBR) currently in the Office for People With Developmental Disabilities (OPWDD) with the New York State Psychiatric Institute (NYSPI) in the Office of Mental Health (OMH).
Create the Office of Addiction and Mental Health Services CC This bill would create the Office of Addiction and Mental Health Services (OAMHS) through the integration of the Office of Mental Health (OMH) and the Office of Addiction Services and Supports (OASAS). The OAMHS would be empowered to regulate providers of services for mental health and substance use disorders and offer an opportunity to also deliver services in a more unified service delivery system to better serve the needs of adults and children with mental health, substance use and co-occurring disorders.
Authorize Integrated Licensure for Comprehensive Outpatient Services DD This bill would amend Social Services Law (SSL), Public Health Law (PHL) and Mental Hygiene Law (MHL) to authorize a comprehensive integrated physical and behavioral health program for outpatient treatment services.
Eliminate the Requirement to Administer an Adult Home Advocacy Program Within the Justice Center EE This bill would eliminate the requirement of the Justice Center for the Protection of People With Special Needs (Justice Center) to administer the Adult Home Advocacy and Adult Home Resident Council programs.

 

Education, Labor and Family Assistance

Title Part Purpose
School Aid A This bill contains various provisions necessary for implementation of the education portion of the SFY 2021–22 Executive Budget.
Allow Public Accounting Firms to Have Minority Ownership by Individuals Who Are Not Certified Public Accountants B This bill would authorize public accounting firms to incorporate in New York State with minority ownership by individuals who are not certified public accountants.
Streamline New Education Program Approval to Meet Workforce Needs C This bill would streamline the approval process for new curriculum or programs of study at accredited institutions of higher education in New York.
Extend SUNY and CUNY Procurement Flexibility D This bill would extend for an additional five years existing procurement flexibility for SUNY, CUNY, their respective construction funds and SUNY health care facilities, as well as authorize SUNY to purchase services through a consortium.
Extend a Predictable Funding Plan for SUNY and CUNY E This bill would extend through academic year (AY) 2025 a predictable funding plan for SUNY and CUNY.
Extend Financial Aid Eligibility for Certain Students Impacted by the Pandemic F This bill would hold harmless students who were unable to complete the academic requirements needed to maintain financial aid eligibility as a result of the COVID-19 pandemic.
Maintain Excelsior Scholarship Tuition Support Levels G This bill would maintain until AY 2024 Excelsior Scholarship tuition support levels.
Authorize the Closure of Four Underutilized OCFS Youth Facilities in 2021 H This bill would authorize the Office of Children and Family Services (OCFS) to close in calendar year 2021 the Goshen Secure Center (Orange County), Columbia Secure Center (Columbia County), Red Hook Non-Secure Residential Center (Dutchess County) and Brentwood Non-Secure Residential Center (Suffolk County).
Continue Realigned Financing for Residential Placements of Children With Special Needs Outside New York City I This bill would continue the realigned funding for Committee of Special Education (CSE) residential placements outside New York City.
Make Permanent Funding for the Youth Development Program J This bill would make permanent the laws governing funding for the Youth Development Program.
Make Permanent the Authority for the Office of Children and Family Services to Contract With BOCES K This bill would make permanent the authority of the Office of Children and Family Services (OCFS) to contract with Boards of Cooperative Educational Services (BOCES) to provide certain educational services to youth in OCFS juvenile justice facilities. This provision is currently scheduled to sunset on June 30, 2021.
Comply With Federal Family First Prevention Services Act Requirements L This bill would enact changes required to comply with the federal Family First Prevention Services Act regarding the placement of youth in a Qualified Residential Treatment Program (QRTP).
Require Differential Response Programs for Child Protection and Assessments or Investigations M This bill would require local social services districts to establish differential response programs that would serve as an alternative to child protective services for select allegations of maltreatment.
Ensure Statewide Access to Veterans’ Treatment Courts N This bill would help provide statewide access to veterans’ treatment courts for qualified veterans facing criminal charges.
Authorize Mortgage Insurance Fund (MIF) and Housing Finance Agency Resources (HFA) Utilization O This bill would provide utilization of $63.4 million projected to be available in the MIF excess balance and/or reserves and $65.6 million of available resources from the HFA, one of the Homes and Community Renewal’s (HCR) public authorities.
Authorize the Pass-Through of Any Federal Supplemental Security Income Cost of Living Adjustment P This bill would authorize federal Supplemental Security Income (SSI) benefits to be increased in 2022 by the percentage of any SSI Cost of Living Adjustment (COLA).
Align the Gifts to Food Banks Tax Check-Off Fund With Related Programming Q This bill would transfer administration of the Gifts to Food Banks funds from the Office of Temporary and Disability Assistance (OTDA) to the Department of Health (DOH).
Expand Human Rights Law to Include For-Profit Schools R This proposal would extend the Human Rights Law’s antidiscrimination provisions, which afford protection against discrimination, harassment and bullying for members of protected groups, to include for-profit educational institutions. This addition would make Human Rights Law applicable to all nonsectarian educational institutions, public and private, within New York State.
Prohibit Discrimination Based on Citizenship S This proposal would amend Human Rights Law to make explicit that discrimination on the basis of citizenship and immigration status is unlawful in New York State.
Encourage Part-Time Work Through Partial Unemployment Insurance Benefits T This bill would change the calculation for unemployment insurance (UI) benefits paid to claimants who work part time while they seek full-time employment.
Clarify Sales Tax Exemptions for Affordable Housing Development U This bill would codify the eligibility of not-for-profit Housing Development Fund Corporations (HDFCs) that enter into a regulatory agreement with Homes and Community Renewal (HCR) or the NYC Department of Housing Preservation and Development (HPD) for a sales tax exemption to support the development of affordable housing.
Streamline Administrative Process for Transfer of Unclaimed Child Support Collections V This bill would streamline the process by which unclaimed child support funds are transferred to the Office of the State Comptroller (OSC) to follow the public claims process.
Provide Paid Leave for COVID-19 Vaccination W This bill would require public and private employers to provide up to four hours of paid leave for up to two COVID-19 vaccinations for each employee.
Expand Homeownership Through SONYMA Mortgage Programs X This bill would expand the State of New York Mortgage Agency’s (SONYMA) authority to (i) purchase mortgage loans from a broader pool of nondiscretionary lenders, (ii) purchase mortgages secured by new construction loans and (iii) expand SONYMA’s authority to modify its mortgages to assist financially distressed SONYMA mortgagors.
Protect Tenants Through the COVID-19 Emergency Residential Tenant Late Fee Suspension and Security Deposit Utilization Act of 2021 Y This bill would temporarily allow people impacted by COVID-19 to use their security deposits to make rent payments as well as prevent property owners from imposing late fees upon tenants who are unable to make timely rent payments.
Expand Child Care Affordability and Ease Administrative Burdens on Child Care Providers Z This bill would make child care more affordable for low-income families and reduce administrative burdens on child care providers.
Extend Prevailing Wage to Covered Renewable Energy Projects AA This bill would create prevailing wage requirements for covered renewable energy projects, defined as construction work and engineering and consulting services performed in connection with either the installation of a renewable energy system, as such term is defined in Section 66-p of Public Service Law, with a capacity of more than 25 megawatts alternating current and with a total project cost of over $10 million, or the installation of a solar energy system with a capacity of more than 5 megawatts alternating current and with a total project cost of over $5 million.

 

Public Protection and General Government

Title Part Purpose
Extend Various Criminal Justice and Public Safety Programs That Would Otherwise Sunset A This bill would extend for two years various criminal justice and public safety programs and continue the existing formula for distribution of certain monies recovered by county district attorneys that would otherwise expire in 2021.
Transform the Office for the Prevention of Domestic Violence to the Office to End Domestic and Gender-Based Violence B This bill would amend Executive Law to transform the Office for the Prevention of Domestic Violence to the Office to End Domestic and Gender-Based Violence.
Establish a Domestic Violence Misdemeanor Label C This bill would establish a domestic violence misdemeanor label to ensure domestic violence abusers lose access to firearms immediately upon conviction.
Require Domestic Violence Abusers to Pay Housing Costs D This bill would amend family court, criminal and domestic relations laws to allow courts to require abusers to pay reasonable costs for housing, including damages, moving expenses, and rent and mortgage payments, for the residence of the person protected by the related order of protection.
Domestic Violence Tracking E This bill would amend State Judiciary Law in relation to reports on domestic violence data.
LGBTQ Fairness in Child Custody F This bill would explicitly prohibit judges from considering the sex, sexual orientation, gender identity or gender expression of the parents when making a determination of a child’s best interests in a child custody proceeding. It would also prohibit judges hearing child custody cases from prohibiting a parent from seeking gender-affirming medical care.
Eliminate Discriminatory Policing of Transgender New Yorkers G This bill would repeal the section of Penal Law that criminalizes loitering for the purposes of prostitution.
Remove the Label of Incorrigible in Law H This bill would amend state Family Court Law and Education Law to remove the word “incorrigible.”
Protect Judges and Their Families From Threats I This bill would allow current and former state and federal judges and their immediate families to remove private information from public display.
Establish Virtual Arraignments Statewide J This bill would permit virtual arraignments statewide within the Office of Court Administration (OCA) and law enforcement agencies.
Strengthen New York’s Policing Profession K This bill would promote professional police services and strengthen the hiring standards for all police officers.
EO 203 Police Department Monitoring L This bill would amend Executive Law in relation to monitoring compliance with Executive Order 203, titled “New York State Police Reform and Reinvention Collaborative.”
90-Day Notice for Correctional Facility Closures M This bill would authorize the closure of correctional facilities with 90 days’ notice.
Arrest Warrant Prohibitor N This bill would amend Penal Law to include prohibiting individuals who are the subject of an outstanding arrest warrant from purchasing, possessing or disposing of firearms.
Share Crime Gun Data O This bill would amend Executive Law to mandate law enforcement agencies to report seized and recovered firearms to the criminal gun clearinghouse.
Extend the Tuition Benefit Program for Members of the New York Army and Air National Guard and the Naval Militia That Would Otherwise Sunset P This bill would extend the Recruitment Incentive and Retention Program (RIRP) that would otherwise sunset in 2021.
Expand the Absentee Ballot Request Period Q This bill would expand the application period for an absentee ballot, adding 15 additional days to the current application period.
Establish a Deadline for Processing Absentee Ballot Requests R This bill would establish a uniform standard for processing absentee ballot applications.
Expand Early Voting Hours S This bill would expand poll site hours during early voting. Nearly one-fifth of all registered voters voted early during the 2020 general election. In an effort to further strengthen New York’s electoral process, this bill provides additional opportunities for all eligible New Yorkers to cast a ballot.
Expedite Absentee Ballot Counting T This bill would implement a statewide standard requiring County Boards of Elections (CBOEs) to begin processing absentee ballots as they are received and start counting them on Election Day. Current law requires that CBOEs meet to process and count ballots within two weeks of a general election and within eight days of a primary election.
Timely Election Recounts U This bill would establish a statewide standard for the timely administration of recounts in close elections. Under current election law, counties do not have deadlines for the initiation and completion of recounts. This leads to election results taking weeks and possibly months to decide, leaving candidates and voters questioning the validity of election results.
NYSIF Out-of-State Coverage V This bill would allow the New York State Insurance Fund (SIF) to cover policyholders’ out-of-state operations provided policyholders’ main operations are in-state. This bill provides greater coverage options for current SIF customers and expands service offerings for prospective customers.
NYSIF Enhanced Investment Authority W This bill would remove outdated restrictions on reserve and surplus investment authority for the New York State Insurance Fund (SIF).
Reserve and Deposit Discounts X This bill would permit the New York State Insurance Fund (SIF) to use modern mortality and remarriage tables to calculate deposits and reserves for the Aggregate Trust Fund (ATF). It also would amend the reserve discount rate used to calculate reserve levels for SIF’s Workers’ Compensation Fund (WCF).
Temporary Permits for Bars and Restaurants Y This bill would authorize the State Liquor Authority (SLA) to permit manufacturing businesses statewide and new bars and restaurants in New York City meeting threshold operating criteria to begin operation while their license application is pending.
License Movie Theaters to Serve Alcohol Z This bill would establish an alcohol license for motion picture theaters.
Provide a Variable Market-Based Interest Rate on Court Judgments and Accrued Claims Paid by Public and Private Entities AA This bill would provide a variable market-based interest rate on court judgments and accrued claims paid by public and private entities, which would lower state taxpayer costs and provide mandated relief to local governments.
New York Medical Supplies Act BB This bill would amend state Finance Law and other laws in relation to enacting the New York Medical Supplies Act.
Cease Reimbursement of the Medicare Income-Related Monthly Adjustment Amounts (IRMAA) to High-Income State Retirees and Their Dependents in the New York State Health Insurance Program (NYSHIP) CC This bill would eliminate automatic state reimbursement of the Income-Related Monthly Adjustment Amounts (IRMAA) to high-income state retirees and their dependents in the NYSHIP. Current state law provides automatic reimbursement of a 2007 federal law that was implemented to reduce Medicare expenses by requiring higher-income enrollees to pay more into Part B (Medical).
Implement a Sliding Scale Reimbursement of Health Care Costs for Future New York State Civilian Hires at Retirement Within the New York State Health Insurance Program (NYSHIP) DD Lifetime taxpayer support for health insurance coverage of a state retiree with ten years of service is currently the same as that for a retiree with 30 years of service. Under this proposal, taxpayer support for health insurance coverage would be gradually increased based on years of service of the retiree, comparable to the calculation for pension benefits. This proposal would be effective for new civilian, non-disability retirees who begin employment on or after October 1, 2021.
Cap State Reimbursement of the Standard Medicare Part B (Medical) Premium Paid to Eligible Retirees and Their Dependents in the New York State Health Insurance Program (NYSHIP) at the 2021 Level of $148.50 per Month EE This bill would cap state reimbursement of the Medicare Part B standard premium for eligible NYSHIP retirees and their dependents at the 2021 level of $148.50 per month. Subsequent increases in reimbursement would be considered as part of the annual budget process.
Comprehensive Technology Service Contracts FF This bill would authorize the director of the Office of Information Technology Services (ITS) to issue design build technology service contracts.
Standard Clauses and Authorized Signatories Act GG This act would limit unfavorable terms in state contracts, disallow unauthorized obligations and ensure transparency concerning who may bind state agencies to contracts.
Data Sharing Amendment to the Personal Privacy Protection Law (PPPL) HH This bill would realign the presumption contained in New York Personal Privacy Protection Law (PPPL) to permit agencies to share voluntarily provided citizen data, as long as such sharing is consistent with state and federal laws and pre-existing privacy practices.
New York Data Accountability and Transparency Act II This act would provide New Yorkers with transparency and control over their personal data and provide new privacy protections.
Disclosures for Voice Recognition Features in Connected Devices JJ This bill would provide protections for New Yorkers who use connected devices with voice recognition features and ensure that consumers are able to make informed choices about purchasing and using such devices.
Eliminate VLT Aid to Municipalities Outside Yonkers and Reduce VLT Aid to Yonkers by 5 Percent KK This bill would eliminate Video Lottery Terminal (VLT) Aid for all municipalities outside the city of Yonkers and would reduce Yonkers’ aid by 5 percent.
Reduce AIM to Cities, Replace AIM for Remaining Towns and Villages With AIM-Related Payments, and Reduce All AIM-Related Payments by 20 Percent LL This bill would reduce Aid and Incentives for Municipalities (AIM) to all 61 cities outside New York City according to budget reliance, ranging from 2.5 percent to 20 percent, with more-reliant cities receiving a lower percentage reduction and less-reliant cities receiving a higher percentage reduction, broken out by quartiles of reliance. For the 86 towns and 51 villages that currently receive $8.5 million in AIM, this bill would replace AIM payments with AIM-related sales tax payments. Finally, this bill would reduce AIM-related sales tax payments to all towns and villages by 20 percent beginning in December 2021.
Expand Investment Options for Counties MM This bill would expand the types of investment options available for counties to provide options similar to those available to New York City under current law.
Make the County-Wide Shared Services Initiative Permanent and Enhance Flexibility Within NN This bill would enhance flexibility within the County-Wide Shared Services Initiative (CWSSI) program by expanding opportunities for local government shared services plans, actions and state matching funds, and would permanently extend the ability for the county-led panels to meet and formulate savings action plans after 2021.
Extend Authorization for Local Government Piggyback Contracts OO This bill would extend for an additional two years, to July 31, 2023, local governments’ authority to “piggyback” on competitively bid contracts from the federal government and/or any state or local government for apparatus, materials, equipment or supplies and any services related to their installation, maintenance and repair. The authorization is a critical tool used by local governments to bid efficiently and save taxpayer dollars.
Authorize Shared Jails for Contiguous Counties PP This bill would relieve contiguous counties of the requirement to maintain and operate their own jails if they have an approved sharing agreement for the housing of the inmate population.
Authorize Transfers, Temporary Loans and Amendments to Miscellaneous Capital/Debt Provisions, Including Bond Caps QQ This bill would provide the statutory authorization necessary for the administration of funds and accounts included in the SFY 2021–22 Executive Budget and propose certain modifications to improve the state’s General Fund position in the upcoming fiscal year. Specifically, it would (1) authorize temporary loans and the deposits of certain revenues to specific funds and accounts, (2) authorize the transfers and deposits of funds to and across various accounts, (3) extend various provisions of Chapter 59 of the Laws of 2019 in relation to capital projects and certain certifications, and (4) modify various debt and bond provisions necessary to implement the budget.

 

Transportation, Economic Development and Environmental Conservation

Title Part Purpose
Deter Parkway Bridge Strikes A This bill would increase the fines for over-height vehicles violating restrictions and for operating a commercial vehicle illegally on a state parkway, enhance commercial vehicle owner responsibility to avoid such incidents and prohibit the use of general consumer global positioning systems (GPS) for the routing of commercial vehicles, instead requiring the use of commercial GPS specifically designed for commercial and over-height vehicles.
Address Safety of Transportation Workers, Pedestrians and the Public B This bill would enhance the safety of transportation workers, pedestrians, bicyclists and the traveling public by increasing fines and penalties for violations and by clarifying responsibility and authority relating to accident clearance.
Clarify Legal Authority for Electronic Bidding on Thruway Construction Contracts C This bill would clarify that construction-related bids submitted to the Thruway Authority include those submitted electronically as permitted by the Thruway Authority.
Increase the Monetary Threshold for Thruway Authority Procurement Contracts Subject to Procurement Guidelines D This bill would increase the monetary threshold for Thruway Authority procurement contracts that are subject to certain guidelines.
Toll Enforcement E This bill would ensure the fair collection of tolls owed to public authorities such as MTA Bridges and Tunnels and others with toll facilities in New York State.
MTA Procurement Reform F This bill would reform the MTA and NYCTA bidding processes, eliminate redundant approvals for design-build contracts, alter advertisement procedures for bids, permit the use of existing contracts awarded by governments, allow for a once-yearly review of the Qualified Products Lists and make permanent certain existing procurement provisions.
MTA Utility Relocation G This bill would allow MTA construction projects to move forward on schedule by requiring that public utility companies, as well as the city of New York, relocate their pipes, mains, conduits and other infrastructure within time frames set by the MTA after consultation with the utility or the city.
MTA Subway Accessibility H This bill would clarify that subway accessibility projects—even when undertaken indirectly by private developers related to the Metropolitan Transportation Authority or New York City Transit Authority—are MTA transportation facilities. Clarifying that such projects are to remain so designated entitles the MTA to occupy portions of the streets of the city, in consultation with the city’s Department of Transportation, to ensure that such projects proceed expeditiously.
MTA Worker Assault and Harassment I This bill would add transit employee titles to Penal Law that makes it a felony to attack and physically injure transit workers and increases the safety of MTA employees by creating the new crime of aggravated harassment of a transit worker in the second degree for on-duty, public-facing transit workers.
Extend Empire State Development Corporation Loan Powers J This bill would extend for three years the loan issuance powers of the Empire State Development Corporation (ESDC).
Extend the Economic Development Fund K This bill would extend for three years the Empire State Development Corporation’s (ESDC) ability to implement the Economic Development Fund.
Repurpose Underutilized Commercial Space for Housing L This bill would authorize flexibility in zoning to address high commercial vacancy rates and underutilized hotel properties located within specified areas in New York City, particularly in response to the COVID-19 pandemic.
Continue the Empire State Development Corporation’s Authority to Administer Agricultural and Dairy Marketing Orders M This bill would permanently authorize the Empire State Development Corporation (ESDC) to administer agricultural and dairy product marketing orders. The ESDC’s authority to administer these marketing orders, which was transferred from the Department of Agriculture and Markets (DAM) in 2019, currently expires on July 31, 2021.
Expedite Handling N This bill would make permanent provisions of law permitting the Secretary of State to charge increased fees from the expedited handling of documents issued by or requested from the department’s Division of Corporations. The increased fees for expedited handling are necessary to reimburse the Department of State for increased administrative costs associated with this service.
Electronic Notice of Service Processes O This proposal would amend Business Corporation Law, General Business Law, Limited Liability Company Law, Not-for-Profit Corporation Law, Partnership Law and Real Property Law to allow processes to be served on the Secretary of State through an electronic system operated by the Department of State. This bill would authorize the Secretary of State to forward notice of service processes to entities by email and then make copies of processes available to such entities.
Electronic Notarization P This bill would amend various provisions of Executive Law to permit notaries to rely on approved technologies to verify identity and to notarize documents remotely.
Technical Changes to the Accelerated Renewable Energy Growth and Community Benefit Act Q This bill would exclude siting permits issued by the Office of Renewable Energy Siting (ORES) from the requirements of the State Environmental Quality Review Act (SEQRA), close a loophole by making the definition of the term “alternative energy production facility” consistent and allow application fees to be used for ORES operations.
Deduct Renewable Energy Credits in New York City R This bill would authorize building owners to deduct certain types of renewable energy credits from annual building emission limits prescribed under New York City Administrative Code.
Permitting Powers of the New York Convention Center Operating Corporation S This bill would grant the New York Convention Center Operating Corporation (CCOC) the ability to act as a construction-permitting agency authorized to permit for the Javits Center.
Restructure LIPA Debt T This bill would permit the issuance by the Utility Debt Securitization Authority (UDSA) of additional securitized restructuring and/or refunding to fund costs of improvements to the Long Island Power Authority’s (LIPA) transmission and distribution system.
Increase Recharge New York Cap to Benefit Nonprofits and Small Businesses U This bill would raise the statutory cap on the amount of Recharge New York (RNY) power that may be allocated to eligible nonprofit corporations and small businesses from 100 megawatts (MW) to 150 MW.
NYPA Captive Insurance V This bill would authorize the New York Power Authority (NYPA) to create a captive insurance company to manage risk and provide NYPA with related tax exemptions.
Continue to Authorize the New York State Energy Research and Development Authority (NYSERDA) Special Assessment W This bill would extend the New York State Energy Research and Development Authority (NYSERDA) authorization to collect a special assessment on gas and electric corporations to support certain programs.
Expand Hunting X This bill would modernize and improve hunting opportunities in New York State.
Clarify the State’s Ban on Single-Use Plastic Bags Y This bill would make technical corrections to clarify the intent of the existing law with respect to at-store film plastic recycling, the definition of a reusable bag and the exemptions to the plastic bag ban.
Bay Park Alienation Amendments Z This bill would revise the boundaries of temporary and permanent easements in order to construct a sewer main beneath certain parklands owned by Nassau County, the Village of East Rockaway and the Village of Rockville Centre. These revisions are necessary in order to complete the Bay Park Conveyance Project, which will convey treated effluent from the Bay Park Sewage Treatment Plant to the Cedar Creek Water Pollution Control Plant’s ocean outfall.
Extend Brownfield Credits AA This bill would allow certain developers within the brownfield cleanup program adversely impacted by the COVID-19 pandemic additional time to complete redevelopment of these sites.
Allegheny County Land Easement BB This bill would authorize the granting of easements to Alle-Catt Wind Energy LLC on a proportion of real property within Farmersville State Forest, Swift Hill State Forest and Lost Nation State Forest in Allegany County.
Extend Local Bottle Bill Enforcement CC This bill would ensure that New York City, Nassau County and Suffolk County could continue to retain part of certain fines or penalties associated with enforcement of the “bottle bill.”
Rail Advantaged Housing Act DD This bill would establish the Rail Advantaged Housing Act to develop standard criteria and an accelerated review process for assessing the impact of proposed zoning for new housing opportunities with minimal environmental impact along commuter rail transit corridors.
NYSERDA Build-Ready Authorization EE This bill would authorize NYSERDA to create single-purpose project holding entities to acquire, sell and transfer rights and other interests under the Clean Energy Resources Development and Incentives Program, commonly referred to as the Build-Ready Program.
Extend Surcharge Extender FF This bill would extend for two years the mandatory surcharge and crime victim assistance fees associated with traffic violations.
Autonomous Vehicle Extender GG This bill would extend for five years the required submission of a report on the demonstrations and tests of motor vehicles equipped with autonomous vehicle technology.
DMV Convenience Fee HH This bill would establish a $1 convenience fee on all license and registration transactions.
DASNY Design and Construction Services Extender for the DEC and OPRHP II This bill would extend for three years DASNY’s authorization to provide design and construction services for the Department of Environmental Conservation (DEC) and the Office of Parks, Recreation, and Historic Preservation (OPRHP).
No-Fault Insurance JJ This bill would amend for a period not exceeding three years Insurance Law to grant the Superintendent of Financial Services (Superintendent) greater authority to prohibit a provider of health services from demanding or requesting payment for health services rendered under Insurance Law Article 51 (the no-fault insurance law), other than health services rendered in the emergency department of a general hospital, if the Superintendent determines that the provider has engaged in certain activities.
Consolidate the Centers of Excellence Into the Centers for Advanced Technology Program KK This bill would eliminate the Centers of Excellence (COE) program, effective April 1, 2023. This bill would also, for a period of two years, designate currently funded COEs as temporary Centers for Advanced Technology (CATs), with the opportunity to become full CATs through the normal application process. This change would allow for administrative efficiencies through a full merger of these two nearly identical programs.
Mortgage Forbearance LL This legislation would extend the covered period for residential mortgage relief through at least December 31, 2021, or until the executive orders issued during the pandemic are no longer in effect. During the extended covered period, mortgagors who are able to demonstrate financial hardship as a result of COVID-19 will be entitled to up to 360 days of forbearance on their mortgage payments, and state-regulated lenders would continue to be prohibited from foreclosing on the related properties. Currently, the mortgage forbearance period related to COVID-19 hardship will lapse when the executive orders issued during the pandemic are no longer in effect.
COVID-19 Emergency Eviction and Foreclosure Prevention for Tenants and Owners of Commercial Real Property Act of 2021 MM This proposal would create the COVID-19 Emergency Eviction and Foreclosure Prevention for Tenants and Owners of Commercial Real Property Act of 2021 to codify the Governor’s executive order prohibiting commercial eviction and foreclosures for nonpayment of rent or a mortgage due to financial hardship suffered because of COVID-19.
Increase the Statutory Cap for the Electric Generation Facility Cessation Mitigation Fund NN This bill would increase the statutory cap of the Electric Generation Facility Cessation Mitigation Fund from $69 million to $140 million.
Moratorium on the Termination of Utility Services OO This bill would prevent the termination of utility services to residential and small-business customers by private and public utility providers in the event of a state disaster emergency declared pursuant to an executive order issued in response to a state, national or global event that may result in a significant negative and long-term impact on the state’s economic future.
Discontinuance of LIBOR PP This bill would establish provisions for the discontinuance of LIBOR.
Make Broadband Services Affordable for All New Yorkers QQ This bill would ensure that affordable broadband services are available to all New York citizens.
Expand DASNY’s Design and Construction and Loan Services to Not-for-Profits and School Districts RR This bill would make not-for-profits and school districts eligible to utilize DASNY’s loan, design and construction services for capital projects over $5 million. This bill would further extend DASNY’s loan services for working capital to not-for-profits and school districts for the duration of the COVID-19 pandemic.
Increase the Bond Cap for Medical Facility Improvements SS This bill would increase DASNY’s authorization to issue bonds for construction projects related to health care facilities from $16.6 billion to $17.4 billion.
Enact the Pandemic Recovery and Restart Program TT This bill would establish the Pandemic Recovery and Restart Program, which would provide critical assistance in getting workers in the severely impacted food service and entertainment industries back to work.

 

Revenue

Title Part Purpose
Enact a Temporary PIT High-Income Surcharge A This bill would impose a temporary personal income tax surcharge on high-income taxpayers.
Delay by One Year Middle-Class Tax Cuts B This bill would delay by one year the middle-class personal income tax cuts.
Enact a Pass-Through Entity Tax C This bill would create an optional pass-through entity tax for partnerships and S corporations to pay and deduct state taxes at the entity level in exchange for a personal income tax credit.
Enact Employer Child Care Credits D This bill would create a new Excelsior Child Care Services Tax Credit, extend the Excelsior Investment Tax Credit for participants in the Excelsior Jobs Program to encourage expenditures for child care services and double the existing Employer Provided Child Care Credit.
Reform and Simplify Various Business Tax Provisions E This bill would amend Tax Law to reform and simplify various business tax provisions.
Extend for One Year the Film Tax Credit F This bill would extend for one year the Empire State Film Production Credit and the Empire State Film Post-Production Credit. The bill also would amend the Post-Production Tax Credit to make work performed in 11 counties (specifically, Saratoga, Warren, Washington, Columbia, Dutchess, Greene, Orange, Putnam, Rensselaer, Sullivan and Ulster) eligible for the additional 10 percent tax credit increase on labor costs under the Empire State Film Post-Production Program. Finally, this bill would amend the Film Tax Credit Program by removing the exception for pilots to the minimum project budget requirements.
Increase the Wage and Withholding Filing Penalty G This bill would increase the maximum penalty imposed on employers for failure to provide complete and accurate wage reporting and withholding reports. Further, it would increase the penalty calculation from $50 per employee to $100 per employee.
Enact the Cannabis Regulation and Taxation Act H This bill would create and amend existing laws to legalize adult-use cannabis, consolidate governance of all forms of cannabis, and create a regulatory structure to oversee the licensure, cultivation, production, distribution, sale and taxation of cannabis within New York State.
Modernize Tax Law to Include the Vacation Rental Industry I This bill would amend Tax Law to impose sales tax on vacation rentals and require vacation rental marketplace providers to collect sales tax on taxable sales of the vacation rentals that they facilitate.
Reform the State Racing Admissions Tax J This bill would repeal the state racing admissions taxes in Racing, Pari-Mutuel, Wagering and Breeding Law (RPWBL) and impose state sales tax on charges for admissions to racetracks.
Increase the Interest-Free Period for Certain Sales Tax Refunds K This bill would increase the amount of time the Tax Department gets to review and issue sales tax refund claims of $100,000 or more without having to accrue and pay out interest.
Make Permanent Local Sales Tax Rate Authorizations L This bill would make permanent the authority for counties and certain cities to impose local sales tax at the rate of 4 percent or their current rate, if higher.
Extend for Three Years Certain Sales Tax Exemption Related to the Dodd-Frank Protection Act M This bill would extend for three years the exemption from sales and use tax for certain sales or services transacted between financial institutions and their subsidiaries.
Make Technical Correction to Sales Tax Remote Vendor Registration N This bill would be a technical correction to Section 1134(a)(1)(i) of Tax Law to conform this section with changes made to the sales volume threshold at which remote vendors must register for purposes of collecting sales tax.
Enhance RETT Compliance O This bill would amend the real estate transfer tax (RETT) to add responsible person billing language to Article 31, prohibit grantors (sellers) from passing the basic RETT through to grantees (buyers) and provide a technical fix to the LLC disclosure requirements enacted last year by exempting publicly traded companies, REITs, UPREITs and mutual funds from the requirement to list all members/shareholders.
Make Technical Changes to Cigarette Licensing Provisions P This bill would prohibit a retail dealer with a revoked or suspended cigarette license from possessing any taxed cigarettes and tobacco products during the period of revocation or suspension. The bill would also prohibit a retail dealer who failed to obtain a cigarette license from possessing any taxed cigarettes or tobacco products.
Simplify Certain Tax Filing and Reporting Requirements Q This bill would reduce the tax return filing frequency for Alcoholic Beverage Tax (ABT) and Highway Use Tax (HUT) taxpayers.
Amend the Collection and Reporting of the Taxicab Tax and Congestion Surcharge R This bill would amend Tax Law to make the Technology Service Provider (TSP) responsible for collecting and remitting the taxicab tax and congestion surcharge.
Update Tax Preparer Regulation and Enforcement S This bill would amend Tax Law in relation to tax return preparer penalties for failure to register and require the display of certain documents by tax return preparers.
Allow DTF the Right to Appeal DTA Tribunal Decisions T This bill would provide the Department of Taxation and Finance (DTF) with the right to appeal adverse Division of Tax Appeals (DTA) Tax Appeals Tribunal decisions.
Modernize and Merge Real Property Tax Forms and Processes U This bill would facilitate the modernization and consolidation of the process for reporting real property transfers and for paying the associated taxes and fees.
Improve and Enhance STAR Program Administration V This bill would enhance the administration of the STAR (School Tax Relief) program in various respects.
Make Technical and Conforming Changes to Real Property Tax Law W This bill would facilitate the administration of the real property tax.
Promote the Development of Renewable Energy Projects X This bill would amend Real Property Tax Law and General Municipal Law in relation to establishing a standardized approach for real property tax assessment for solar and wind infrastructure.
Authorize Mobile Sports Wagering and Establish a Casino Tax Rate Petition Process Y This bill would authorize mobile sports wagering in New York and establish a process for casinos to petition for a lower tax rate.
Authorize a Request for Information for Gaming Facility Licenses Z This bill would authorize the Gaming Commission to issue a Request for Information (RFI) for the purpose of soliciting interest regarding the three unawarded gaming facility licenses.
Eliminate Quick Draw Restrictions AA This bill would eliminate the size restriction on vendor locations selling Quick Draw tickets in order to increase revenue earned for aid to education in the state.
Remove Restrictions on Lottery Draw Game Offerings BB This bill would remove the statutory limitations on the number of per-day offerings for certain lottery draw games (e.g., Take 5, Pick 10, Lotto and new games introduced).
Decouple the Gaming Commission and the Gaming Inspector General CC This bill would consolidate the function of the Gaming Inspector General under the authority of the State Inspector General.
Extend for One Year Pari-Mutuel Tax Rate and Simulcast Provisions DD This bill would extend for one additional year various provisions of Racing, Pari-Mutuel, Wagering and Breeding Law.
Extend for Five Years the Alternative Fuels Exemptions EE This bill would extend until September 1, 2026, the alternative fuel tax exemptions for fuel types E-85, CNG and hydrogen as well as the partial exemption for B-20.
Extend for Three Years the Farm Workforce Retention Credit FF This bill would extend for three years, through tax year 2024, the Farm Workforce Retention Credit.
Extend for Five Years Low-Income Housing Credits GG This bill would increase the aggregate dollar amount allocable for the state low-income housing tax credit by $8 million for each of the next five years.
Extend and Enhance for Four Years the Musical and Theatrical Production Credit HH This bill would extend for four years, through January 1, 2026, the sunset date of the musical and theatrical production credit in Tax Law and increase the annual credit cap to $8 million.
Extend for Two Years the Hire-a-Vet Credit II This bill would extend for an additional two years, through tax years beginning before 2024, the tax credit provided for hiring a veteran.
Extend for Five Years the Economic Transformation and Facility Redevelopment Program Tax Credit JJ This bill would extend for an additional five years the Economic Transformation and Facility Redevelopment Program tax credits.
Extend the Implementation Deadline for the Secure Choice Program KK This bill would amend General Business Law to extend the deadline to open the Secure Choice Program for enrollment.
Temporarily Suspend Certain Racing Support Payments LL This bill would temporarily suspend payments required by law from Rivers Casino to Saratoga Casino and Raceway to keep Saratoga’s horsemen and breeders held harmless at 2013 levels, adjusted for inflation.
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