§ 53. Special emergency appropriations. 1. If, for any fiscal year,\nthe legislature enacts a special emergency appropriation, no money shall\nbe paid pursuant to any such appropriation unless an amount of such\nappropriation which is equal to the amount to be paid shall have been\ntransferred as authorized by the governor who may authorize the transfer\nof all or a portion of such a special emergency appropriation only in\naccordance with the procedures and subject to the conditions and\nlimitations set forth in this section.\n 2. The governor may authorize the transfer of all or a portion of such\na special emergency appropriation to the general fund or to a fund\nclassified as a special revenue or capital projects fund as defined in\nsection two of this chapter for a specific program or purpose, subject\nto the conditions and procedures described in subdivisions five, six and\nseven of this section and the following:\n a. Transfers to the general fund or the capital projects fund\nestablished under section ninety-three of this chapter shall be only for\nthe purpose and to the extent required to meet emergency and\nunanticipated expenditures of the state which shall mean:\n (1) expenditures deemed necessary or essential to the proper and\nefficient functioning of the government of the state or the rendering of\ngovernmental services by the state, in order to meet emergencies and\nunanticipated requirements arising from or which threaten to interfere\nwith the lawful exercise of one or more of the powers of government by\nthe state;\n (2) expenditures deemed necessary or essential to protect fully the\nNew York state housing finance agency, the state university construction\nfund, the state university, or the facilities development corporation\nfrom general public liability arising from their ownership or interest\nin state university facilities or mental hygiene facilities financed by\nthe New York state housing finance agency, as the case may be, or to\nrepair, restore, rebuild or replace such a facility upon damage, loss or\ndestruction thereof, or to pay the annual rentals for such a facility in\nthe event of the damage, loss or destruction thereof and of the\navailability and possession thereof by the state university construction\nfund and the occupancy thereof by the state university, or the\navailability and possession thereof by the state university, or the\navailability and possession thereof by the facilities development\ncorporation and the occupancy thereof by the department of mental\nhygiene; and\n (3) expenditures deemed necessary or essential for payment of the\nstate's liability, pursuant to a contract with a county containing a\ncity having a population of seventy-five thousand or more inhabitants or\na city having a population of seventy-five thousand or more inhabitants,\nproviding for the financing and the construction and leasing of state\noffice buildings and other public improvements in such county or city,\nto hold such county or city and its officers, agents or employees\nharmless against liability, loss, cost, damage, claims, judgments or\nexpense based on personal injury, death or damage to property, real,\npersonal or mixed, which because of the uncertainty of events are not\nclearly foreseeable or predictable at the time of passage of the budget\nand other appropriation measures during the regular session of the\nlegislature next preceding the occurrence or development thereof, and\nfor which other appropriations are not available or are insufficient.\n Transfers made pursuant to subparagraphs two and three of this\nparagraph are expressly for the purpose of applying self-insurer\nprinciples to the facilities therein described, consistent with the\nsystem of self-insurance followed by the state for real property under\nits jurisdiction and control.\n b. Transfers to a special revenue fund or capital projects fund other\nthan the capital projects fund established under section ninety-three
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