N.Y. State Finance Law § 22: The budget; contents

§ 22. The budget; contents. The budget submitted annually by the

governor to the legislature, in accordance with article seven of the

constitution, in addition to the information required by the

constitution to be set forth therein, shall:

1. include a summary financial plan showing for each of the

governmental fund types: (a) the disbursements estimated to be made

before the close of the current fiscal year and the moneys estimated to

be available from receipts and other sources therefor; and (b) the

disbursements proposed to be made during the ensuing fiscal year, and

the moneys estimated to be available from receipts and other sources

therefor inclusive of any receipts which are expected to result from

proposed legislation which the governor deems necessary to provide

receipts sufficient to meet such proposed disbursements. For the

purposes of this summary financial plan, disbursements shall be

presented by the following purposes: state purposes, local assistance,

capital projects, debt service, and general state charges; receipts

shall be presented for each fund type by each revenue source which

accounts for at least one per centum of all such receipts and otherwise

by categories of revenue sources; receipts and disbursements for special

revenue funds shall be presented separately for federal funds and all

other special revenue funds. Whenever receipts or disbursements are

proposed to be moved to a different fund type, each significant amount

so moved shall be identified.

1-a. within ten days following the submission of the financial plans

presented in accordance with subdivision one of this section, the

director of the budget shall submit to the chairs of the senate finance

and the assembly ways and means committees and the comptroller summary

financial plans of receipts and disbursements for the internal service,

enterprise, and fiduciary fund types.

1-b. within ten days of the submission of the financial plan for the

special revenue fund type, the director of the budget shall submit to

the chairs of the senate finance and assembly ways and means committees

a schedule of receipts and disbursements by account within each special

revenue fund, excluding those which are financed primarily by federal

grants.

1-c. within ten days following the submission of the financial plans

presented in accordance with subdivision one of this section, the

director of the budget shall submit to the chairs of the senate finance

and the assembly ways and means committees and the comptroller an

estimate of the fiscal impact of the executive budget general fund

changes on local governments and, where practicable, the fiscal impact

on local governments of the executive budget all fund changes concerning

the medicaid program, homeland security program, and workforce

investment programs. Such estimate shall be presented by class of local

government and shall measure all of the impacts of the executive budget,

including aid program changes, reimbursement changes, statutory changes

in authorizations for local taxation, mandates on local governments and

other requirements. Such estimate shall show the impact on local

governments by local fiscal years affected and shall cover the first

local fiscal year affected as well as the ensuing local fiscal year.

Where such estimate depends on any local option or action, the estimate

shall explicitly describe the assumptions used to calculate the

estimate. When under existing law a local tax option or program would

end and the executive budget proposes the continuation thereof, the

impact shall be identified as a "deferral of sunset" and shall be

calculated as a separate component of such estimate.

2. show for each fund type (unless otherwise specified) in a form

suitable for comparison:

a. The appropriations, including reappropriations, made for the

current fiscal year, the appropriations and reappropriations recommended

for the ensuing fiscal year, the disbursements estimated to be made

before the close of the current fiscal year and proposed to be made

during the ensuing fiscal year based upon available and recommended

appropriations and reappropriations. Disbursements proposed to be made

shall be shown in separate parts as follows: those disbursements

proposed to be made for state purposes shall be set forth in one part,

those disbursements proposed to be made for local assistance shall be

set forth in another separate and distinct part, those disbursements

proposed to be made for capital projects shall be set forth in a third

separate and distinct part and those disbursements proposed to be made

for debt service shall be set forth in a fourth separate and distinct

part. The effect of any proposed changes in the payment dates of

particular disbursements on the financial plan presented in accordance

with subdivision one of this section shall be set forth separately.

a-1. For each state agency, the appropriations, including

reappropriations, made for the current fiscal year and recommended for

the ensuing fiscal year for contracts for services made for state

purposes.

a-2. For each state agency, the disbursements estimated to be made

before the close of the current fiscal year and proposed to be made

during the ensuing fiscal year for contracts for services made for state

purposes.

a-3. For each state agency, the estimated number of employees hired

for the current fiscal year and anticipated to be hired during the

ensuing fiscal year pursuant to contracts for services made for state

purposes based upon annual employment reports submitted by contractors

pursuant to section one hundred sixty-three of this chapter.

b. In separate sections for each fund type, the receipts actually had

and received during the preceding fiscal year, the receipts estimated to

be available and received during the current and ensuing fiscal years

respectively listed by each major source, including statistical and

summary tables and a narrative which includes a discussion of the

assumptions used in estimating such receipts. The effect of any proposed

changes in the rates, bases, payment dates or other aspects of

particular sources of receipts on the financial plan presented in

accordance with subdivision one of this section shall be set forth

separately and the assumptions used in calculating such effect. Whenever

a new fee or a new financing mechanism is proposed, a schedule of the

new fee or financing mechanism shall be included for purposes of showing

the effect of the new fee or financing mechanism on the financial plan.

c. Within ten days following the submission of the financial plans

presented in accordance with subdivision one of this section, the

director of the budget shall submit to the comptroller and the chairs of

the senate finance committee and the assembly ways and means committee:

(i) a detailed schedule by fund of the receipts and disbursements

comprising such summary financial plan;

(ii) a detailed schedule by fund of receipts for the prior, current

and next three fiscal years. Such schedule shall present the major

revenue sources for each fund, including detail for each major tax, and

major components of miscellaneous receipts; and

(iii) an itemized list of transfers to and from the general fund.

d. The anticipated general fund quarterly schedule and fiscal year

total for the prior, current and next ensuing fiscal years of:

disbursements; receipts; repayments of advances; total tax refunds; and

refunds for the tax imposed under article twenty-two of the tax law.

Such information shall be presented in the same form as the summary

financial plans presented in accordance with subdivision one of this

section. A separate, detailed, report of such schedule shall be provided

with receipts shown by each major revenue category, including detail for

each major tax and major components of miscellaneous receipts, and with

disbursements shown by major function or program. The director of the

division of the budget shall submit concurrent with the submission of

the financial plan to the legislature pursuant to subdivision one of

this section and with each update thereafter a revised monthly general

fund cash flow projection of receipts and disbursements for the current

fiscal year that: (1) compares actual results to (i) actual results

through the same period for the prior year and (ii) the most recent

prior update to the financial plan and to the enacted budget financial

plan; (2) summarizes the reasons for any variances; and (3) describes

the revisions to the cash flow projections. The monthly general fund

cash flow projection shall be stated by major category of local

assistance, personal service, nonpersonal service, general state

charges, and debt service, and by major category of revenue. Such

reports shall utilize a format that shall facilitate comparison and

analysis with those reports submitted to the legislature by the office

of audit and control pursuant to subdivision nine of section eight of

this chapter.

d-1. Within ten days following the submission of the financial plans

presented in accordance with subdivision one of this section, the

anticipated general fund monthly and governmental fund types quarterly

schedule and fiscal year total for the ensuing fiscal year of:

disbursements; receipts; repayments of advances; total tax refunds; and

refunds for the tax imposed under article twenty-two of the tax law.

Such information shall be presented in the same form as the summary

financial plans presented in accordance with subdivision one of this

section.

d-2. A description of employment levels for each state department,

division or office, for the prior, current and next ensuing fiscal year

containing:

(1) separate schedules for each fund type; and

(2) an all funds summary. Such information shall be presented in a

form that facilitates comparisons among agencies and across fiscal

years, and shall include:

(i) actual and projected full-time equivalents; and

(ii) proposed changes to the work force in the executive budget,

including but not limited to: new positions, layoffs, attrition, and

changes in funding sources. To the extent practicable, the division of

the budget shall facilitate the provision of other relevant information

on employment to the legislature in a timely manner during the state

fiscal year.

e. A statement explaining any differences between the significant

accounting policies used in the preparation of the documents required to

be submitted pursuant to this section and those used by the comptroller

in the preparation of the financial statements contained in the annual

report to the legislature for the preceding fiscal year issued pursuant

to subdivision nine of section eight of this chapter.

f. The estimated borrowings in anticipation of the receipt of taxes

and revenues and the amount of interest estimated to be paid thereon

during the current and ensuing fiscal years respectively, and the

amounts actually so borrowed and the interest actually paid thereon

during the preceding fiscal year.

g. In connection with each statement of receipts from taxes imposed

pursuant to state law, the total amounts collected or estimated to be

collected therefrom.

h. A statement setting forth state involvement in the fiscal

operations of those public authorities and public benefit corporations

which may be part of the development of a comprehensive state budget

system and provided therefor in the state financial plan. Such statement

shall include those public authorities and public benefit corporations

with disbursements which are not currently reflected in the state

central accounting system from proceeds of any notes or bonds issued by

any public authority, and which bonds or notes would be considered as

state-supported debt as defined in section sixty-seven-a of this

chapter. Such statement shall set forth the amount of all of the bonds,

notes and other obligations of each public authority, public benefit

corporation and all other agencies and instrumentalities of the state

for which the full faith and credit of the state has been pledged or on

account of which the state has by law given its pledge or assurance for

the continued operation and solvency of the authority, public

corporation, or other agency or instrumentality of the state, as the

case may be. Such statement shall also set forth all proposed

appropriations to be made to any public authority, public benefit

corporation, and any other agency or instrumentality of the state which

has been created or continued by law and which is separate and distinct

from the state itself.

i. Include a summary financial plan for the funds of the state

receiving tax check-off monies which shall include estimates of all

receipts and all disbursements for the current and succeeding fiscal

years, along with the actual results from the prior fiscal year.

3. Include a three year financial projection showing the anticipated

disbursements and receipts for each of the governmental fund types of

the state. For the purposes of this three year financial projection,

disbursements shall be presented by the following purposes: state

purposes, local assistance, capital projects, debt service, transfers

and general state charges with each major function or major program

identified separately within each purpose; and receipts shall be

presented by each major revenue category, including detail for each

major tax, and major components of miscellaneous receipts and with

disbursements shown by major function or program for the prior year,

current year and next three fiscal years, and otherwise by each major

source which is separately estimated and presented pursuant to paragraph

b of subdivision two of this section. Receipts and disbursements for

special revenue funds shall be presented separately for federal funds

and all other special revenue funds. Whenever receipts and disbursements

are proposed to be moved to a different fund type, each significant

amount so moved shall be explained. This three year financial projection

shall include an explanation of any changes to the financial plans

submitted in accordance with subdivision one of this section and include

explanations of the economic, statutory and other assumptions used to

estimate the disbursements and receipts which are presented. Whenever

the projections for receipts and disbursements are based on assumptions

other than the current levels of service, such assumptions shall be

separately identified and explained. The three year financial

projections shall include a description of any projected deficits or

surpluses.

4. Include a summary statement of operations for the proprietary and

fiduciary fund types. Such summary statement of operations shall include

the estimated and projected receipts of and disbursements from

appropriations and reappropriations available or recommended from such

fund types in the budget bills submitted by the governor pursuant to

section twenty-four of this article. Such summary statement of

operations shall be revised as soon as is practical after the

legislature has completed action on such budget bills.

5. Include a list of proposed legislation submitted pursuant to

section three of article seven of the constitution.

6. Notwithstanding any provision of law to the contrary, budgets

submitted pursuant to this section shall not recommend first instance

expenditures. Any anticipated reimbursement of proposed expenditures

shall be shown as receipts or revenues to the appropriate fund.

7. Within ten days following the submission of the budget by the

governor, the director of the budget shall transmit to the chairs of the

senate finance committee and the assembly ways and means committee a

report, by agency, program, and fund, including but not limited to, the

following information pertaining to financed equipment acquisitions for

state departments, agencies and units of the state university and the

city university of New York including those financed equipment

acquisitions financed by the issuance of certificates of participation

or similar instruments for state departments, agencies and units of the

state and city universities of New York:

a. For new financed equipment acquisitions to be financed in the

ensuing fiscal year:

(1) An identification of the purposes of such financings, including:

(i) The nature of the equipment to be financed.

(ii) Whether the purposes are new financings or refinancings of

outstanding lease purchase and installment purchase agreements.

(iii) The recommended method of financing.

(2) The estimated purchase cost of the equipment if purchased

outright.

(3) The estimated interest rate and term of such financings.

(4) The estimated expenses for the issuances of such certificates or

similar instruments as such expenses are defined in section sixty-six-b

of this chapter.

(5) A schedule of estimated lease purchase payments by state fiscal

year for such financings, and estimated total financing costs.

b. For outstanding financed equipment acquisitions as of April first

of the ensuing fiscal year the total estimated amount for lease or

installment purchase payments for the ensuing fiscal year.

c. For outstanding financed equipment acquisitions financed by

certificates of participation the financing costs of outstanding

certificates of participation and similar instruments issued pursuant to

section sixty-six-b of this chapter with estimated payment schedules of

all such outstanding obligations.

8. Include a summary of disbursements by function of state government

for the preceding fiscal year and the estimated disbursements for the

current and ensuing fiscal years in a form suitable for comparison. Such

summary shall present such disbursements by purpose as set forth in

subdivision one of this section and also including special revenue

funds-federal and special revenue funds-other. Such summary shall also

describe the state entities, as defined by section two-a of this

chapter, within each function. For the fiscal year beginning in nineteen

hundred ninety-three, such summary shall be presented within ten days of

the budget submission for the general fund, special revenue funds-other,

capital projects funds and debt service funds. For the fiscal year

beginning in nineteen hundred ninety-four, such summary shall be

presented with the budget for the general fund and within ten days of

the budget submission for special revenue funds-other, capital projects

funds and debt service funds. For fiscal years beginning in nineteen

hundred ninety-five and thereafter, such summary shall be presented with

the budget.

9. Include a statement showing projected disbursement for the current

fiscal year and proposed disbursements for the ensuing fiscal year by

agency and bill and fund type. For the fiscal year beginning in nineteen

hundred ninety-three, such statement shall be presented within ten days

of the budget submission for the general fund, special revenue

funds-other, capital projects funds and debt service funds. For the

fiscal year beginning in nineteen hundred ninety-four, such summary

shall be presented with the budget for the general fund and within ten

days of the budget submission for special revenue funds-other, capital

projects funds and debt service funds. For fiscal years beginning in

nineteen hundred ninety-five and thereafter, such summary shall be

presented with the budget.

10. Within ten days following the submission of the financial plans

presented in accordance with subdivision one of this section, the

director of the budget shall submit to the chairs of the senate finance

committee and the assembly ways and means committee for the prior, the

current and next ensuing fiscal years detailed schedules by agency for

the general fund showing proposed appropriations in the state operations

and aid to localities budget bills with disbursements to be made against

such appropriations, as well as disbursements to be made against any

existing appropriations.

11. a. With respect to any proposed appropriations for the purpose of

remedying state agency violations or past problems of the environmental

conservation law or regulations adopted thereunder within the proposed

budget submitted annually by the governor to the legislature shall, set

forth the amount recommended to remedy each functional category of

violation. A priority criterion to be considered in determining such

recommended appropriations shall be the ranking of such violations and

past problems as determined by the agency pursuant to paragraph b of

subdivision one of section 3-0311 of the environmental conservation law,

with any reordering of rankings as determined by the department of

environmental conservation. Amounts appropriated shall be disbursed for

remediation of the violation or problem only after review and

determination by the department of environmental conservation of the

adequacy of the remedial plan pursuant to paragraph g of subdivision

three of section 3-0311 of the environmental conservation law.

b. Within thirty days following the submission of the budget by the

governor for each fiscal year, beginning with the nineteen hundred

ninety-three--ninety-four fiscal year, the director of the budget shall

transmit to the chairs of the senate finance committee and the assembly

ways and means committee a report which includes project specific

information for proposed appropriations for the purposes of remedying

state agency environmental violations or problems, as identified

pursuant to section 3-0311 of the environmental conservation law,

contained within such submitted budget.

12. Include a summary financial plan for all research institutes which

shall set forth:

a. estimates of all revenues and all expenses for the current and

succeeding fiscal years, along with the actual results from the prior

fiscal year; and

b. any agreement whereby any state agency will provide financial

support or any other assistance to cover any operating loss for such

research institute.

13. a. With respect to information technology projects, dependent on

funding in the executive budget, involving one or more contracts

projected to total ten million dollars or more, within thirty days

following the submission of the budget by the governor for each fiscal

year, beginning with the two thousand eight--two thousand nine fiscal

year, the director of the budget shall transmit to the chairs of the

senate finance committee and the assembly ways and means committee a

report which shall set forth the following:

(1) project summary describing the project purpose, proposed approach,

key milestones, current status and timetable;

(2) the proposed method of procurement, including whether the project

will, in whole or in part, utilize a centralized contract or a

sole-source contract; and

(3) the proposed funding source, financing method and estimated costs

by fiscal year.

b. Information provided pursuant to paragraph a of this subdivision

may not be disclosed to any party other than a governmental entity as

defined in section one hundred thirty-nine-j of this chapter, if such

disclosure would impair the fairness or competitiveness of a pending or

potential procurement process.

Estimated costs by fiscal year shall not be disclosed.

14. The division of the budget shall prepare the reports, schedules,

and other information described in this subdivision. To the extent

practicable, such reports, schedules, and information shall be in a

form, and presented at a level of detail, that facilitates comparison on

an annual basis and against actual results, as appropriate, and in a

manner consistent with the other reporting requirements enumerated in

this section. The reports, schedules, and other information required by

this subdivision shall be submitted to the chair of the senate finance

committee, the chair of the assembly ways and means committee, the

minority leaders of both houses, and the comptroller according to the

schedules set forth in this section. In determining the final content

and format of the information required by this section, the division of

the budget shall consult annually with the designees of the temporary

president of the senate, the speaker of the assembly, the minority

leaders of both houses, and the comptroller. All information described

in this subdivision shall be made available to the public.

a. The executive budget, the enacted budget report and each quarterly

update to the financial plan shall include an updated general fund

forecast of receipts and disbursements for the current and two

succeeding fiscal years. Such updated forecast shall clearly identify

and explain the revisions to the receipts and disbursements projections

from the most recent prior update to the financial plan, and any

significant revisions to the underlying factors affecting receipts and

disbursements by major function, and may include, but not be limited to:

caseload, service, and utilization rates; demographic trends; economic

variables; pension fund performance; incarceration rates; prescription

drug prices; health insurance premiums; inflation; contractual

obligations; litigation; and state employment trends.

b. The capital program and financing plan submitted pursuant to

section twenty-two-c of this article, and the update thereto required

pursuant to section twenty-three of this article, shall include a report

on the management of state-supported debt. Such report may include, but

is not limited to: (1) an assessment of the affordability of state debt,

including debt as a percent of personal income, debt per capita, and

debt service costs as a percent of the budget; (2) a summary and

analysis of the interest rate exchange agreements and variable rate

exposure; and (3) an assessment of financing opportunities related to

the state's debt portfolio.

15. The governor shall make all practicable efforts to amend or

supplement the budget and submit supplemental bills or amendments to any

bills pursuant to article seven of the constitution within twenty-one

days after the budget is submitted to the legislature.

16. The amended executive budget required to be submitted within

thirty days after the submission of the executive budget to the

legislature in accordance with article seven of the constitution of the

state of New York, in addition to the information required by the

constitution of the state of New York to be set forth therein, shall

include:

a. a summary financial plan showing for each of the governmental fund

types: (1) all of the expenditures estimated to be made, in accordance

with generally accepted accounting principles, before the close of the

current fiscal year and all of the expenditures proposed to be made, in

accordance with generally accepted accounting principles, during the

ensuing fiscal year; and (2) all of the revenues estimated to accrue, in

accordance with generally accepted accounting principles, before the

close of the current fiscal year and during the ensuing fiscal year

inclusive of any revenues which are expected to result from the proposed

legislation which is deemed necessary to provide receipts sufficient to

meet proposed disbursements. For the purposes of such summary financial

plan, expenditures shall be presented by the following purposes: state

purposes, local assistance, capital projects, debt service, and general

state charges; and revenues shall be presented by each revenue source

which accounts for at least one per centum of all such revenues and

otherwise by categories of revenue sources;

b. the expenditures estimated to be made in accordance with generally

accepted accounting principles before the close of the current fiscal

year and proposed to be made in accordance with generally accepted

accounting principles during the ensuing fiscal year. Expenditures

estimated and proposed to be made shall be shown in separate parts as

follows: those expenditures for state purposes shall be set forth in one

part, those expenditures for local assistance shall be set forth in

another separate and distinct part, those expenditures for capital

projects shall be set forth in a third separate and distinct part, and

those expenditures for debt service shall be set forth in a fourth

separate and distinct part;

c. the revenues actually accrued in the preceding fiscal year and the

revenues estimated to accrue during current and ensuing fiscal years,

respectively. Revenues from each tax shall be shown both in total and

net of refunds;

d. a schedule for the general fund showing the differences between

projected operating results on a cash basis and those on the basis of

generally accepted accounting principles;

e. a schedule for each governmental fund type other than the general

fund showing the differences between projected operating results on a

cash basis and those on the basis of generally accepted accounting

principles; and

f. a detailed schedule by fund of revenues and expenditures within the

general fund.