N.Y. State Finance Law § 23: Plans and estimates

§ 23. Plans and estimates. 1. Capital projects design and construction

plans; preparation, approval and implementation. It shall be the duty of

the division of the budget to coordinate the activities of the several

departments and agencies of the state with respect to the planning and

implementation of state capital projects proposed to be undertaken by

the departments and agencies, and in the discharge of the duty the

director of the budget shall, with the approval of the governor,

establish appropriate procedures with respect to the planning and

implementation. The head of any department or agency of the state

proposing to undertake the design or construction of a capital project

shall apply to the division of the budget and request approval for any

such work to be undertaken. The director of the budget may approve or

disapprove any such application, and if approved, may authorize the

preparation of plans for the project or the advertising for bids for the

construction of the project and may allocate funds therefor from any

moneys appropriated and available for the purpose.

2. Capital projects; initial submissions. So far as may be possible,

the governor shall cause to be submitted to the chairman of the senate

finance committee and the chairman of the assembly ways and means

committee for the use of the committees and the information of the

legislature, at or prior to the time that the budget is submitted,

preliminary plans and estimates relating to each of the capital projects

for which appropriations are recommended in the budget, and in the case

of proposed acquisitions of land, a general approximation of the

location of the land.

3. Financial plans and capital improvement program; revisions. Not

later than thirty days after the legislature has completed action on the

budget bills submitted by the governor and the period for the governor's

review has elapsed, the governor shall cause to be submitted to the

legislature the revisions to the financial plans and the capital plan

required by subdivisions one, two, three, four and paragraph (a) of

subdivision sixteen of section twenty-two of this article as are

necessary to account for all enactments affecting the financial plans

and the capital plan. The financial plan shall also contain a cash flow

analysis of projected receipts and disbursements and other financing

sources or uses for each month of the state's fiscal year.

Notwithstanding any other law to the contrary, such revised plans and

accompanying cash flow analysis shall be submitted to the legislature

and the comptroller in the same form as the plans required by such

subdivisions.

4. Financial plan updates. Quarterly, throughout the fiscal year, the

governor shall submit to the comptroller, the chairs of the senate

finance and the assembly ways and means committees, within thirty days

of the close of the quarter to which it shall pertain, a report which

summarizes the actual experience to date and projections for the

remaining quarters of the current fiscal year and for each of the next

two fiscal years of receipts, disbursements, tax refunds, and repayments

of advances presented in forms suitable for comparison with the

financial plan submitted pursuant to subdivisions one, three and four of

section twenty-two of this article and revised in accordance with the

provisions of subdivision three of this section. The governor shall

submit with the budget a similar report that summarizes revenue and

expenditure experience to date in a form suitable for comparison with

the financial plan submitted pursuant to paragraph a of subdivision

sixteen of section twenty-two of this article and revised in accordance

with the provisions of subdivision three of this section. Such reports

shall provide an explanation of the causes of any major deviations from

the revised financial plans and, shall provide for the amendment of the

plan or plans to reflect those deviations. The governor may, if the

governor determines it advisable, provide more frequent reports to the

legislature regarding actual experience as compared to the financial

plans. The quarterly financial plan update most proximate to October

thirty-first of each year shall include the calculation of the

limitations on the issuance of state-supported debt computed pursuant to

the provisions of subdivisions one and two of section sixty-seven-b of

this chapter.

5. Financial information review. Annually on or before November

fifteenth, the governor, temporary president of the senate, the speaker

of the assembly and the comptroller shall cause their respective

appropriate personnel to meet and such meeting shall be open to the

public for the purpose of jointly reviewing available financial

information to facilitate timely adoption of a budget for the next

fiscal year. Such review shall include meetings to discuss the economic

outlook, revenue forecasts, projected spending, the impact of relevant

state and federal statutory provisions, and any other matters deemed

appropriate. Not later than November fifth, such respective appropriate

personnel shall separately prepare and make available reports on

estimated state receipts and state disbursements for the current and

ensuing fiscal years. Each report on estimated state receipts shall

include, but shall not be limited to, estimated tax receipts on an

all-funds basis, estimated lottery receipts, estimated miscellaneous

receipts to be received in the general fund, and the underlying factors

and data upon which such estimated receipts are based. Each report on

estimated state disbursements shall include, but shall not be limited

to, estimates of state disbursements for Medicaid and the underlying

factors and data on which such estimates are based, estimates of state

disbursements for public assistance and the underlying caseload and

other factors and data on which such estimates are based, and estimates

of state disbursements for assistance for elementary and secondary

education and the underlying factors and data on which such estimates

are based. The governor, temporary president of the senate and the

speaker of the assembly shall cause their respective appropriate

personnel to meet annually on or after November fifth to review the

separate reports on estimated state receipts and state disbursements.

The respective appropriate personnel shall identify and evaluate the

differences between the estimates of state receipts and state

disbursements, and the differences between the underlying factors and

data on which such estimates are based, and separately report such

differences and the evaluation thereof to their principals. Not later

than November fifteenth the governor, the temporary president of the

senate and the speaker of the assembly shall jointly prepare and make

available on their internet websites a report on the actual, estimated

and projected state receipts and state disbursements for the prior,

current and ensuing fiscal years, respectively, for all funds of the

state. Subsequent review shall be held within six weeks following the

end of the first quarter of the fiscal year.

6. Consensus economic and revenue forecasting conference; report. (a)

By the end of February in each year, prior to the report required by

paragraph (b) of this subdivision, the chairperson and ranking minority

member of the senate finance committee, the chairperson and ranking

minority member of the assembly ways and means committee and the

director of the budget shall jointly convene a consensus economic and

revenue forecasting conference in the form of a joint

legislative-executive hearing, for the purpose of assisting the governor

and the legislature in reaching the consensus revenue forecast required

by paragraph (b) of this subdivision. The conveners of the conference

shall invite the state comptroller and such other participants to the

conference as shall, in their judgment, provide guidance on the current

conditions in, and probable outlook for the performance of, the economy

of the state, as well as the effect of such conditions and such

performance on state receipts.

(b) On or before March first in each year, the director of the budget

and the secretary of the senate finance committee and the secretary of

the assembly ways and means committee shall issue a joint report

containing a consensus forecast of the economy and estimates of receipts

for the current and the ensuing state fiscal year. Such estimates of

receipts shall include, but not be limited to: expected tax receipts on

an all-funds basis, projected lottery receipts, and anticipated

miscellaneous receipts to be received in the general fund. The estimate

of receipts for the ensuing fiscal year contained in the report, shall

be all receipts from such sources described in this subdivision

available to make disbursements authorized by the appropriation bills

submitted by the governor pursuant to section three of article seven of

the constitution for the ensuing fiscal year.

(c) On a failure of the director of the budget, the secretary of the

senate finance committee and the secretary of the assembly ways and

means committee to issue a joint report containing a consensus forecast

as provided in paragraph (b) of this subdivision, the state comptroller

shall, on or before March fifth, provide estimates of receipts for the

current and the ensuing state fiscal year. Such estimates shall include,

but not be limited to, expected tax receipts on an all-funds basis,

projected lottery receipts, and miscellaneous receipts to be received in

the general fund. In rendering his or her estimate, as required in this

paragraph, the comptroller shall give due consideration to the inherent

risks in economic and revenue forecasting and the interest of the state

to maintain budget balance throughout the fiscal year. The estimate of

receipts for the ensuing fiscal year provided by the state comptroller,

shall be all receipts from such sources available to make disbursements

authorized by the appropriation bills submitted by the governor pursuant

to section three of article seven of the constitution for the ensuing

fiscal year.