Section 23. Plans and estimates  


Latest version.
  • 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, four and five 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, four,  and  five,
      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  subdivision  two  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 he 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.