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(f) summarize the preventive maintenance work which could occur if the amounts requested for the next fiscal year pursuant to section fourteen-b of the state finance law are appropriated, set forth for each state highway pavement condition level by department of

transportation residency, and for each state bridge condition level by department of transportation region; and

(8) commencing with the statewide preventive maintenance plan due no later than December thirty-first, nineteen hundred ninety-five, information relative to the prior and current fiscal year's preventive maintenance plan, including the extent to which goals relative to the condition of state highways and bridges established pursuant to paragraph (c) of this subdivision have been achieved, set forth for

each state highway and bridge condition level by department of transportation region.

3. Submission of the statewide preventive maintenance plan shall constitute compliance with the requirements of subdivision (d) of section fourteen-b and section twenty-six of the state finance law. 4.

Incorporation of statewide preventive maintenance plan. The statewide preventive maintenance plan developed pursuant to subdivision two of this section shall be incorporated into the department's capital projects statement to be submitted to the governor pursuant to section fourteen-b of the state finance law, and shall be considered by the division of the budget prior to the submission of the budget pursuant to section twenty-two of the state finance law.

5. Within nine months after the enactment of the budget for fiscal year nineteen hundred ninety-three-ninety-four, the commissioner shall submit to

the

governor summary of the preventive maintenance work which has been undertaken or is planned to be undertaken in such fiscal year. Copies of such summary shall forthwith be furnished to the chairs of the senate finance committee and the assembly ways and committee.

6. Independent program evaluation. The commissioner shall cause to be performed once every five years an independent evaluation of the preventive maintenance of state highways and bridges. Such evaluation shall be conducted by a professional engineering firm expert in the field of preventive maintenance and preventive maintenance planning. The first evalvation shall be submitted to the governor no later than October

first, nineteen hundred ninety-five, and succeeding evaluations shall be submitted every five years thereafter. Such evaluation shall include but not be limited to:

(a) assessment the adequacy of the preventive maintenance of state highways and bridges;

(b) an assessment of the adequacy of the department's pavement management system and bridge management systein and recommendations for improvements to those systems,

(c) recommendations for any improvements or technological advances in the way in which the state should maintain state highways and bridges;

(d) an assessment as to whether the level or allocation of funding for the preventive maintenance of state highways and bridges is sufficient considering the goals for the condition of the state's highways and bridges for the next five fiscal years as set forth in the statewide preventive maintenance plan developed pursuant to subdivision two of this section.

7. Liability provisions. No preventive maintenance plan or evaluation of such plan required by this section shall be admissible in any action

proceeding in which the state or any of its departments, agencies or authorities, or any municipal corporation or other political subdivision, any officer or employee thereof, is a party, to prove the existence of a particular defect or dangerous condition of highway bridge:

shall

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state any of its departments, agencies or authorities, or any municipal corporation or other political subdivision, or any officer or employee thereof, be held liable for damages as a result of a failure to comply with any preventive maintenance plan required by this section or to take any action as a result of an evaluation of such plan.

၌ 6. The state finance law is amended by adding a new section 27 to read as follows:

§ 27. Scheduled maintenance appropriations. 1. Each fiscal year the budget submitted by the governor shall contain separate and distinct apEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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propriations, which may be lump sum appropriations, for scheduled maintenance activities.

2. On before the first day of December, nineteen hundred ninetythree, the comptroller, in consultation with the division of the budget, shall provide

a summary report to the director of the budget and the chairs of the senate finance committee and assembly ways and means committee describing enhancements, costs and capabilities necessary to inplement the reporting of actual scheduled maintenance disbursements of state agencies, by state agency, in sufficient detail to monitor implementation of the agency's scheduled maintenance plan. Commencing fiscal year nineteen hundred ninety-four-nineteen hundred ninety-five, the comptroller shall provide the director of the budget and the chairs of the senate finance committee and the assembly ways and means committee with monthly reports of the actual scheduled maintenance disbursements.

§ 7. a. The division of the budget shall develop a plan for the implementation of a statewide system of scheduled maintenance of capital assets for the five-year period beginning with fiscal year nineteen hundred ninety-four-nineteen hundred ninety-five. The director of the budget shall deliver to the chairs of the senate finance committee and the assembly ways and means committee, an interim report

or before September thirtieth, nineteen hundred ninety-three and a final report on or before December first, nineteen hundred ninety-three, containing recommendations for the implementation of such a system, guidelines for the development of appropriate groupings of capital assets, and any recommendations for statutory changes which may be necessary to implement such system. Such report shall include, after consultation with the state comptroller, recommendations for a system of recording and reporting disbursements for scheduled maintenance activities, by agency, in sufficient detail to monitor implementation of the agency's scheduled maintenance plan including where practicable and applicable disbursements for scheduled maintenance activities at individual facilities, campuses and institutions. Such report shall also recommend how the budget or budget documents would show schedules of proposed maintenance spending and priorities and shall recommend a system for the reporting of five-year projected highway conditions, goals and levels of funding for scheduled maintenance by condition level by residency by the department of transportation.

b. The division of the budget shall prepare a schedule to be submitted with such reports, setting forth agencies for which separate appropriations, which may be lump sum appropriations, will be made for scheduled maintenance activities in each of the fiscal years commencing fiscal year nineteen hundred ninety-four-nineteen hundred ninety-five. Such schedule shall ensure that separate scheduled maintenance appropriations will be made for all agencies by fiscal year nineteen hundred ninetyeight-nineteen hundred ninety-nine. Such schedule shall also ensure that separate scheduled maintenance appropriations shall be set forth for the department of transportation no later than fiscal year nineteen hundred ninety-four-nineteen hundred ninety-five; for the office of general services and the state university of New York no later than fiscal year nineteen hundred ninety-six-nineteen hundred ninety-seven; and for the department of correctional services, the office of mental health and the office of mental retardation and developmental disabilities no later than fiscal year nineteen hundred ninety-seven-nineteen hundred ninetyeight. Such schedule shall also set forth the asset or asset group, which may include but shall not be limited

to buildings, facilities, campuses and institutions, to

be used by such agencies in preparing scheduled maintenance plans pursuant to subdivision c of this section. c. Each

fiscal year, all agencies included in the scheduled maintenance schedule for such fiscal year as set forth in the final schedule prepared by the division of the budget pursuant to subdivision b of this section, shall prepare, in cooperation with any related entity responsible for construction oversight or financing of agency projects, a fiveyear scheduled maintenance plan for the capital asset's under the juris; diction of the agency, by asset or by asset group in accordance with section twenty-six of the state finance law. The preventive maintenance plan prepared by the department of transportation pursuant to the requirements of section 10-d of the highway law, added by section five of this act, shall constitute compliance with the requirements of this section for highways and bridges; provided, however, that as soon as practicable, but in no event later than fiscal year nineteen hundred ninety-eight-nineteen hundred ninety-nine, the department of transportas tion shall report five-year projected highway condition goals and levels

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of funding for preventive maintenance by condition level by residency. Agency preventive maintenance plans may be developed in coordination with and as part of capital plans prepared pursuant to other provisions of law.

S 8. This act shall take effect immediately, except that the amendments made by sections three, four and six of this act shall take effect with respect to individual state agencies at the times set forth in the final schedule to be prepared by the division of the budget pursuant to section 27 of the state finance law, as added by section six of this act.

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AN ACT to amend a chapter of the laws of 1992, relating to providing a

retirement incentive for certain employees of the state university of New York and the state university community colleges, and the city university of New York and the city university community colleges, proposed in legislative bills numbers S. 8818 - A. 12172, in relation

to making technical amendments thereto Became a law August 7, 1992, with the approval of the Governor. Passed

on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 8 of section 2 of a chapter of the laws of 1992, relating to providing a retirement incentive for certain employees of the state university of New York and the state university community colleges, and the city university of New York and the city university community colleges, as proposed in legislative bills numbers S. 8818 A. 12172, is amended to read as follows:

8. "Retirement date" shall mean the effective date of retirement of an eligible employee who files during the open period for retirement under the provisions of this act which date shall be (i) September 1, 1992 for the city university of New York, and no earlier than the date a determination is made on attainment of the trigger but in no event later than January 15, 1993 for the state-operated institutions of state university, the statutory colleges, the fund, the association, or (ii) a date or dates selected by resolution of a participating employer which shall be no later than December 31, 1992. The president of a constituent college of the state university of New York,' a constituent college of the city university of New York, a statutory college, a participating employer, and the chief executive officers of the fund or the association, with the consent of an eligible employee, may delay the retirement date for essential programmatic reasons to no later than January 15, 1993 subject to procedures established by the chancellor of the state university of New York or the chancellor of the city university of New York.

§ 2. Subdivision b of section 3 of a chapter of the laws of 1992, relating to providing a retirement incentive for certain employees of the state university of New York and the state university community colleges, and the city university of New York and city university community colleges, proposed in legislative bills numbers S. 8818 - A. 12172, is amended to read as follows:

b. Is a member as described in paragraph (ii) of subdivision d of section two of this act of a retirement system or of an optional retirement program and who is otherwise eligible for service retirement and attains age (sixty-two) fifty-five on or before the effective date of retirement.

၌ 3. Section 10 of a chapter of the laws of 1992, relating to providing a retirement incentive for certain employees of the state university EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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of New York and the state university community colleges, and the city university of New York and city, university community colleges, as proposed in legislative bills numbers s. 8818 - A. 12172, is amended to read as follows:

§ 10. The provisions of section 430 of the retirement and social security law shall not apply

the retirement incentive benefits provided by sections through fourteen of this act. The actuarial present value of the additional benefits payable pursuant to the provi. sions of subdivisions a and b of section four of this act shall be funded over a three year period. The amount of the annual payment in each of the three years shall be determined by the actuary of the appropriate retirement system, and it shall be paid by the covered employer

behalf of each employee who receives the incentive benefit payable under section four of this act. The city university of New York' shall pay

the full costs attributable to the enactment of this act with respect to its employees. Any costs due to employees electing the incentive who are employed by the community colleges of the city university of New York shall be an expense of the community colleges. Notwithstanding any provision of article 125 of the education law to the contrary or any other provision of law to the contrary, the city of New York and the New York city teachers' retirement system shall not incur any additional budgeted costs, direct or indirect, as a result of enactment of this act.

§ 4. This act shall take effect on the same date as a chapter of the laws of 1992, relating to providing a retirement incentive for certain employees of the state university of New York and the state university community colleges, and the city university of New York and the city university community colleges, as proposed in legislative bills numbers S. 8818 A. 12172, takes effect.

FISCAL NOTE. - The New York State United Teachers estimates that there will be no additional costs through the enactment of this chapter amend; ment beyond those contained in the fiscal notes for the main bill (S. 8818"

A. 12172).

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AN ACT to amend the local finance law, in relation to the sale of bonds
and notes of the city of New York, the cost of sales, the refunding of
bonds and the down payment for bonds; and to amend the New York state
financial emergency act for the city of New York, in relation to a
pledge and agreement of the state
Became a law August 7, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assen-
bly, do enact as follows:

Section 1. Paragraph (a) of section 54. 10 of the local finance law, as amended by chapter 270 of the laws

of

1991, subdivision (iii) as separately amended by chapter 413 of the laws of 1991, is amended to read as follows:

(a) to facilitate the marketing of any issue of bonds or notes of the city of New York issued on or before June thirtieth,

nineteen hundred [ninety-two) ninety-three, the mayor and comptroller of such city may, subject to the approval of the state comptroller and the limitations on private sales of bonds and notes, respectively, provided by law;

(i) arrange for the underwriting of its bonds or notes through negotiated' agreement or public letting, and provide for compensation for vices rendered in connection with such underwriting by negotiated fee or by sale of such bọnds or notes to an underwriter at a price of less than the sum of par value of, and the accrued interest on, such obligations;

(ii) arrange for the private sale of its bonds or notes through nego tiàted agreement, and provide for compensation for services rendered in connection with such sales by negotiated fee or by sale of such bonds or

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notes at a price of less than the sum of par value of, and the accrued interest on, such obligations;

(iii) provide for redemption of its bonds or notes on such date or dates prior to the date of their maturity at a price or prices and pursuant to such terms as may be determined by the city at the time of the issuance thereof, notwithstanding any limitation set forth in section 53.00 of this chapter. The cost of such underwriting or private placement together with other costs of the issuance of obligations, shall deemed a part of the cost of the objects or purposes financed by an issue of obligations.

§ 2. Paragraph a of section 57.00 of the local finance law, as amended by chapter 270 of the laws of 1991, is amended to read as follows:

Bonds shall be sold only at public sale and in accordance with the procedure set forth in this section and sections 58.00 and 59.00 of this chapter, except as otherwise provided in this paragraph. Bonds may be sold at private sale to the United States government or any agency instrumentality thereof, the state of New York municipal bond bank agency, to any sinking fund or pension fund of the municipality, school district or district corporation selling such bonds, or, in the case of sales by the city of New York prior to July first, nineteen hundred (ninety-two) ninety-three, also to the municipal assistance corporation for thé city of New York or to any other purchaser with the consent of the mavor

and the comptroller of such city and approval of the state comptroller, or, in the case of bonds or other obligations of a municipality issued for the construction of any sewage treatment works, sewage collecting system, storm water collecting system, water management facility, air pollution control facility or solid waste disposal facility, also to the New York state environmental facilities corporation. Bonds of a river improvement or drainage district established by or under the supervision of the department of environmental conservation may be sold at private sale to the State of New York as investments for any funds of the state which by law may be invested, provided, however, that the rate of interest on any such bonds so sold' shall be approved by the water power and control commission and the state comptroller. Bonds may also be sold at private sale provided in section 63. 00 of this chapter. No bonds shall be sold on option

deferred payment plan, except that options to purchase, effective for a period not exceeding one year, may be given: 1.

any case to the state of New York municipal bond bank agency with respect to any bonds or bond anticipation notes; and

2. in the case of a municipality to the New York' state environmental facilities corporation with respect' to bonds or other obligations issued for the construction of any sewage treatment works, sewage collecting system, storm water collecting system, water management facility, air pollution control facility or solid waste disposal facility. A loan commitment may also be entered into by and between a municipality, and the state of New York municipal bond bank agency and by and between a municipality and the New York state environmental facilities corporation, such commitment be fulfilled by the purchase of the bonds or other obligations referred to therein by such agency or such corporation, the case may be.

As used in this paragraph, the term "sinking fund" means a fund required by law to be established and maintained for the purpose of amortizing indebtedness evidenced by sinking fund bonds issued pursuant to the provisions of this chapter or issued by any municipality, school district or district corporation under any other law.

5 3. Subdivision 3 of paragraph & of section 90.00 of the local finance law, as amended by chapter 270 of the laws of 1991, is amended to read as follows:

3. Outstanding bonds may, pursuant to a power to recall and redeem or with the consent of the holders thereof, be exchanged for refunding bonds (i) if the refunding bonds are to bear interest at a rate equal to or lower than that borne by the bonds to be refunded or (ii) if, in the case

of the city of New York prior to July first, nineteen hundred [ninety-two) ninety-three, the annual payment required for principal and interest on the refunding bond is less than the annual payment required for principal and interest on the bond to be refunded, in each case such annual payments to be determined by dividing the total principal and interest payments due over the remaining, life of the bond by the number of years to maturity of the bond or (iii) if the bonds to be refunded were EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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