§ 23 — Plans and estimates

New York § 23

• Jurisdiction: New York
• Law STF: State Finance
• Art. 3: The Budget

Text

§ 23. Plans and estimates. 1. Capital projects design and construction\nplans; preparation, approval and implementation. It shall be the duty of\nthe division of the budget to coordinate the activities of the several\ndepartments and agencies of the state with respect to the planning and\nimplementation of state capital projects proposed to be undertaken by\nthe departments and agencies, and in the discharge of the duty the\ndirector of the budget shall, with the approval of the governor,\nestablish appropriate procedures with respect to the planning and\nimplementation. The head of any department or agency of the state\nproposing to undertake the design or construction of a capital project\nshall apply to the division of the budget and request approval for any\nsuch work to be undertaken. The director of the budget may approve or\ndisapprove any such application, and if approved, may authorize the\npreparation of plans for the project or the advertising for bids for the\nconstruction of the project and may allocate funds therefor from any\nmoneys appropriated and available for the purpose.\n 2. Capital projects; initial submissions. So far as may be possible,\nthe governor shall cause to be submitted to the chairman of the senate\nfinance committee and the chairman of the assembly ways and means\ncommittee for the use of the committees and the information of the\nlegislature, at or prior to the time that the budget is submitted,\npreliminary plans and estimates relating to each of the capital projects\nfor which appropriations are recommended in the budget, and in the case\nof proposed acquisitions of land, a general approximation of the\nlocation of the land.\n 3. Financial plans and capital improvement program; revisions. Not\nlater than thirty days after the legislature has completed action on the\nbudget bills submitted by the governor and the period for the governor's\nreview has elapsed, the governor shall cause to be submitted to the\nlegislature the revisions to the financial plans and the capital plan\nrequired by subdivisions one, two, three, four and paragraph (a) of\nsubdivision sixteen of section twenty-two of this article as are\nnecessary to account for all enactments affecting the financial plans\nand the capital plan. The financial plan shall also contain a cash flow\nanalysis of projected receipts and disbursements and other financing\nsources or uses for each month of the state's fiscal year.\nNotwithstanding any other law to the contrary, such revised plans and\naccompanying cash flow analysis shall be submitted to the legislature\nand the comptroller in the same form as the plans required by such\nsubdivisions.\n 4. Financial plan updates. Quarterly, throughout the fiscal year, the\ngovernor shall submit to the comptroller, the chairs of the senate\nfinance and the assembly ways and means committees, within thirty days\nof the close of the quarter to which it shall pertain, a report which\nsummarizes the actual experience to date and projections for the\nremaining quarters of the current fiscal year and for each of the next\ntwo fiscal years of receipts, disbursements, tax refunds, and repayments\nof advances presented in forms suitable for comparison with the\nfinancial plan submitted pursuant to subdivisions one, three and four of\nsection twenty-two of this article and revised in accordance with the\nprovisions of subdivision three of this section. The governor shall\nsubmit with the budget a similar report that summarizes revenue and\nexpenditure experience to date in a form suitable for comparison with\nthe financial plan submitted pursuant to paragraph a of subdivision\nsixteen of section twenty-two of this article and revised in accordance\nwith the provisions of subdivision three of this section. Such reports\nshall provide an explanation of the causes of any major deviations from\nthe revised financial plans and, shall provide for the amendment of the\nplan or plans to reflect those deviations. The governor may, if the\ngovernor determines it advisable, provide more frequent reports to the\nlegislature regarding actual experience as compared to the financial\nplans. The quarterly financial plan update most proximate to October\nthirty-first of each year shall include the calculation of the\nlimitations on the issuance of state-supported debt computed pursuant to\nthe provisions of subdivisions one and two of section sixty-seven-b of\nthis chapter.\n 5. Financial information review. Annually on or before November\nfifteenth, the governor, temporary president of the senate, the speaker\nof the assembly and the comptroller shall cause their respective\nappropriate personnel to meet and such meeting shall be open to the\npublic for the purpose of jointly reviewing available financial\ninformation to facilitate timely adoption of a budget for the next\nfiscal year. Such review shall include meetings to discuss the economic\noutlook, revenue forecasts, projected spending, the impact of relevant\nstate and federal statutory provisions, and any other matters deemed\nappropriate. Not later than November fifth, such respective appropriate\npersonnel shall separately prepare and make available reports on\nestimated state receipts and state disbursements for the current and\nensuing fiscal years. Each report on estimated state receipts shall\ninclude, but shall not be limited to, estimated tax receipts on an\nall-funds basis, estimated lottery receipts, estimated miscellaneous\nreceipts to be received in the general fund, and the underlying factors\nand data upon which such estimated receipts are based. Each report on\nestimated state disbursements shall include, but shall not be limited\nto, estimates of state disbursements for Medicaid and the underlying\nfactors and data on which such estimates are based, estimates of state\ndisbursements for public assistance and the underlying caseload and\nother factors and data on which such estimates are based, and estimates\nof state disbursements for assistance for elementary and secondary\neducation and the underlying factors and data on which such estimates\nare based. The governor, temporary president of the senate and the\nspeaker of the assembly shall cause their respective appropriate\npersonnel to meet annually on or after November fifth to review the\nseparate reports on estimated state receipts and state disbursements.\nThe respective appropriate personnel shall identify and evaluate the\ndifferences between the estimates of state receipts and state\ndisbursements, and the differences between the underlying factors and\ndata on which such estimates are based, and separately report such\ndifferences and the evaluation thereof to their principals. Not later\nthan November fifteenth the governor, the temporary president of the\nsenate and the speaker of the assembly shall jointly prepare and make\navailable on their internet websites a report on the actual, estimated\nand projected state receipts and state disbursements for the prior,\ncurrent and ensuing fiscal years, respectively, for all funds of the\nstate. Subsequent review shall be held within six weeks following the\nend of the first quarter of the fiscal year.\n 6. Consensus economic and revenue forecasting conference; report. (a)\nBy the end of February in each year, prior to the report required by\nparagraph (b) of this subdivision, the chairperson and ranking minority\nmember of the senate finance committee, the chairperson and ranking\nminority member of the assembly ways and means committee and the\ndirector of the budget shall jointly convene a consensus economic and\nrevenue forecasting conference in the form of a joint\nlegislative-executive hearing, for the purpose of assisting the governor\nand the legislature in reaching the consensus revenue forecast required\nby paragraph (b) of this subdivision. The conveners of the conference\nshall invite the state comptroller and such other participants to the\nconference as shall, in their judgment, provide guidance on the current\nconditions in, and probable outlook for the performance of, the economy\nof the state, as well as the effect of such conditions and such\nperformance on state receipts.\n (b) On or before March first in each year, the director of the budget\nand the secretary of the senate finance committee and the secretary of\nthe assembly ways and means committee shall issue a joint report\ncontaining a consensus forecast of the economy and estimates of receipts\nfor the current and the ensuing state fiscal year. Such estimates of\nreceipts shall include, but not be limited to: expected tax receipts on\nan all-funds basis, projected lottery receipts, and anticipated\nmiscellaneous receipts to be received in the general fund. The estimate\nof receipts for the ensuing fiscal year contained in the report, shall\nbe all receipts from such sources described in this subdivision\navailable to make disbursements authorized by the appropriation bills\nsubmitted by the governor pursuant to section three of article seven of\nthe constitution for the ensuing fiscal year.\n (c) On a failure of the director of the budget, the secretary of the\nsenate finance committee and the secretary of the assembly ways and\nmeans committee to issue a joint report containing a consensus forecast\nas provided in paragraph (b) of this subdivision, the state comptroller\nshall, on or before March fifth, provide estimates of receipts for the\ncurrent and the ensuing state fiscal year. Such estimates shall include,\nbut not be limited to, expected tax receipts on an all-funds basis,\nprojected lottery receipts, and miscellaneous receipts to be received in\nthe general fund. In rendering his or her estimate, as required in this\nparagraph, the comptroller shall give due consideration to the inherent\nrisks in economic and revenue forecasting and the interest of the state\nto maintain budget balance throughout the fiscal year. The estimate of\nreceipts for the ensuing fiscal year provided by the state comptroller,\nshall be all receipts from such sources available to make disbursements\nauthorized by the appropriation bills submitted by the governor pursuant\nto section three of article seven of the constitution for the ensuing\nfiscal year.\n