assembly Bill A4007B

Amended

Enacts into law major components of legislation necessary to implement the public protection and general government budget for the 2011-2012 state fiscal year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2011
    • REFERRED TO WAYS AND MEANS
  • 25 / Feb / 2011
    • AMEND (T) AND RECOMMIT TO WAYS AND MEANS
  • 25 / Feb / 2011
    • PRINT NUMBER 4007A
  • 12 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO WAYS AND MEANS
  • 12 / Mar / 2011
    • PRINT NUMBER 4007B
  • 30 / Mar / 2011
    • AMEND (T) AND RECOMMIT TO WAYS AND MEANS
  • 30 / Mar / 2011
    • PRINT NUMBER 4007C
  • 30 / Mar / 2011
    • REPORTED REFERRED TO RULES
  • 30 / Mar / 2011
    • REPORTED
  • 30 / Mar / 2011
    • RULES REPORT CAL.14
  • 30 / Mar / 2011
    • SUBSTITUTED BY S2807C

Summary

Extends numerous provisions of law that were set to expire and be repealed, but that were otherwise necessary for the fiscal stability of the state and the health and safety of its citizens; authorizes the governor to close correctional facilities; relates to the public safety communications surcharge; relates to annual reports of costs related to the statewide wireless network; removes the salary provision of state liquor authority commissioners, other than the chairman; relates to self-insurers for workers' compensation purposes; relates to removing the salary provision for civil service commissioners other than the president; provides aid and incentives for municipalities; relates to aid to municipalities in which a video lottery terminal facility is located; creates citizens empowerment tax credits, local government citizens re-organization empowerment grants and the local government performance and efficiency program; streamlines the local government efficiency grant program; clarifies the state's obligation to make payments with respect to certain lands; allows the State University Downstate Medical Center to create a not-for-profit corporation; relates to New York state district attorney and indigent legal services attorney loan forgiveness program eligibility; and relates to the acquisition of the assets of Community-General Hospital of Greater Syracuse of SUNY Upstate Medical University.

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Bill Details

Versions:
A4007
A4007A
A4007B
A4007C
Legislative Cycle:
2011-2012
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4007--B

                          I N  A S S E M B L Y

                            February 1, 2011
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read once and referred to the  Committee  on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee

AN ACT to amend chapter 887 of the laws of 1983, amending the correction
  law relating to the psychological testing of candidates,  in  relation
  to  extending  the expiration of such chapter; to amend chapter 428 of
  the laws of 1999, amending the executive law and the  criminal  proce-
  dure  law  relating  to expanding the geographic area of employment of
  certain police officers, in relation to extending  the  expiration  of
  such  chapter;  to amend chapter 886 of the laws of 1972, amending the
  correction law and the penal law relating  to  prisoner  furloughs  in
  certain  cases  and  the crime of absconding therefrom, in relation to
  extending the expiration of such chapter; to amend chapter 261 of  the
  laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the
  correction  law, the penal law and other chapters and laws relating to
  correctional facilities, in relation to extending  the  expiration  of
  such  chapter;  to  amend chapter 55 of the laws of 1992, amending the
  tax law and other laws relating to taxes, surcharges, fees  and  fund-
  ing,  in relation to extending the expiration of certain provisions of
  such chapter; to amend chapter 339 of the laws of 1972,  amending  the
  correction  law  and  the  penal  law relating to inmate work release,
  furlough and leave, in relation to extending the  expiration  of  such
  chapter;  to  amend chapter 60 of the laws of 1994 relating to certain
  provisions which impact upon  expenditure  of  certain  appropriations
  made  by  chapter 50 of the laws of 1994 enacting the state operations
  budget, in relation to extending the expiration of certain  provisions
  of  such  chapter;  to amend chapter 554 of the laws of 1986, amending
  the correction law and the penal law relating to providing for  commu-
  nity  treatment  facilities  and  establishing the crime of absconding
  from the community treatment facility, in relation  to  extending  the
  expiration  of  such  chapter; to amend chapter 3 of the laws of 1995,
  amending the correction law and other laws relating to the  incarcera-
  tion   fee,  in  relation  to  extending  the  expiration  of  certain
  provisions of such chapter; to amend chapter 907 of the laws of  1984,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12570-04-1

A. 4007--B                          2

  amending  the correction law, the New York city criminal court act and
  the executive law relating to prison and jail housing and alternatives
  to detention and incarceration programs, in relation to extending  the
  expiration of certain provisions of such chapter; to amend chapter 166
  of  the  laws of 1991, amending the tax law and other laws relating to
  taxes, in relation to extending the expiration of  certain  provisions
  of  such chapter; to amend the vehicle and traffic law, in relation to
  extending the expiration of the mandatory surcharge and victim assist-
  ance fee; to amend chapter 713 of the laws of 1988, amending the vehi-
  cle and traffic law relating to the ignition interlock device program,
  in relation to extending the expiration thereof; to amend chapter  435
  of the laws of 1997, amending the military law and other laws relating
  to various provisions, in relation to extending the expiration date of
  the  merit  provisions of the correction law and the penal law of such
  chapter; to amend chapter 412 of the laws of 1999, amending the  civil
  practice law and rules and the court of claims act relating to prison-
  er  litigation  reform, in relation to extending the expiration of the
  inmate filing fee provisions of the civil practice law and  rules  and
  general  filing  fee  provision  and inmate property claims exhaustion
  requirement of the court of claims act of such chapter; to amend chap-
  ter 222 of the laws of 1994 constituting  the  family  protection  and
  domestic  violence  intervention act of 1994, in relation to extending
  the expiration of certain provisions of  the  criminal  procedure  law
  requiring the arrest of certain persons engaged in family violence; to
  amend chapter 505 of the laws of 1985, amending the criminal procedure
  law relating to the use of closed-circuit television and other protec-
  tive  measures  for  certain child witnesses, in relation to extending
  the expiration of the provisions thereof; to amend chapter  3  of  the
  laws  of 1995, enacting the sentencing reform act of 1995, in relation
  to extending the expiration of certain provisions of such chapter;  to
  amend  chapter 689 of the laws of 1993 amending the criminal procedure
  law relating to electronic court appearance in  certain  counties,  in
  relation to extending the effective date thereof; to amend chapter 688
  of  the  laws of 2003, amending the executive law relating to enacting
  the interstate compact for adult offender supervision, in relation  to
  extending the expiration of certain provisions of such chapter; and to
  amend part H of chapter 56 of the laws of 2008 amending the correction
  law  relating to limiting the closings of certain correctional facili-
  ties, providing for the custody  by  the  department  of  correctional
  services  of inmates serving definite sentences, providing for custody
  of federal prisoners and requiring the closing of certain correctional
  facilities, in relation to extending the effectiveness  thereof  (Part
  A);  to amend chapter 503 of the laws of 2009 relating to the disposi-
  tion of monies recovered  by  county  district  attorneys  before  the
  filing of an accusatory instrument, in relation thereto and the effec-
  tiveness  thereof  (Part  B); Intentionally omitted (Part C); to amend
  the tax law, in relation to  eliminating  certain  allowable  uses  of
  revenue  generated  by  the cellular surcharge (Part D); to amend  the
  executive law and the alcoholic beverage control law, in  relation  to
  removing  the  salary provision for state liquor authority commission-
  ers, other than the chairman (Part E); to amend the election  law,  in
  relation  to  eliminating certain publishing requirements by state and
  local boards of election (Part F); to amend the workers'  compensation
  law, in relation to self-insurers; and to repeal certain provisions of
  such law relating thereto (Part G); to amend the executive law and the
  civil  service  law,  in relation to removing the salary provision for

A. 4007--B                          3

  civil service commissioners other than  the  president  (Part  H);  to
  amend  the  state  finance  law, in relation to aid and incentives for
  municipalities (Part I); to amend the state finance law,  in  relation
  to  a program of aid to municipalities in which a video lottery termi-
  nal facility is located (Part J); to amend the state finance  law,  in
  relation to creating citizen empowerment tax credits, local government
  citizens  re-organization  empowerment grants and the local government
  performance and efficiency program, and streamlining the local govern-
  ment efficiency grant program (Part K); to amend chapter  774  of  the
  laws  of  1989  amending the real property tax law relating to certain
  state lands subject to taxation, in relation to clarifying the state's
  obligation to make payments with respect to certain  lands  (Part  L);
  Intentionally  omitted  (Part M); to provide for the administration of
  certain funds and accounts related to the 2011-2012 budget; to author-
  ize certain payments and transfers; to amend the state finance law, in
  relation to the school tax relief fund; to  amend  the  state  finance
  law,  in  relation to the issuance of revenue bonds and in relation to
  mental health service facilities financing; to amend chapter 57 of the
  laws of 2008, providing for the administration of  certain  funds  and
  accounts related to the 2008-2009 budget, in relation to effectiveness
  of certain provisions thereof; to amend the public authorities law, in
  relation to environmental infrastructure projects; to amend chapter 61
  of the laws of 2005, providing for the administration of certain funds
  and  accounts  related to the 2005-2006 budget, chapter 81 of the laws
  of 2002,  providing  for  the  administration  of  certain  funds  and
  accounts  related  to the 2002-2003 budget, chapter 389 of the laws of
  1997, providing for  the  financing  of  the  correctional  facilities
  improvement  fund and the youth facility improvement fund, chapter 329
  of the laws of 1991, amending the state finance  law  and  other  laws
  relating  to  the  establishment  of  the dedicated highway and bridge
  trust fund; to amend the state finance law,  in  relation  to  certif-
  icates  of participation; to amend the private housing finance law, in
  relation to housing program bonds  and  notes;  to  amend  the  public
  authorities law, in relation to the issuance of bonds by the dormitory
  authority and the New York state environmental facilities corporation;
  to  amend  the public authorities law, in relation to voting of direc-
  tors of local government assistance corporation; to amend  the  public
  authorities law, in relation to library construction; to amend part JJ
  of  chapter  56  of  the  laws  of 2010, relating to providing for the
  administration of certain funds and accounts related to the  2010-2011
  budget,  in  relation to the effectiveness thereof; to repeal subdivi-
  sion (b) of section 19-a of part PP of chapter 56 of the laws of 2009,
  relating to providing funding for certain community projects, relating
  to increasing  funding;  and  providing  for  the  repeal  of  certain
  provisions  upon  expiration  thereof  (Part N); Intentionally omitted
  (Part O); in relation  to  allowing  the  State  University  Downstate
  Medical Center to create a not-for-profit corporation (Part P); and to
  amend  chapter  141  of the laws of 1994, amending the legislative law
  and the state finance law relating to the operation and administration
  of the legislature, in relation to extending such provisions (Part Q)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

A. 4007--B                          4

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through Q. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Section 2 of chapter 887 of the laws of 1983, amending  the
correction  law  relating to the psychological testing of candidates, as
amended by section 1 of part U of chapter 56 of the  laws  of  2009,  is
amended to read as follows:
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall remain in effect until September 1,
[2011] 2014.
  S 2. Section 3 of chapter 428 of the laws of 1999, amending the execu-
tive  law  and  the  criminal  procedure  law  relating to expanding the
geographic area of employment of certain police officers, as amended  by
section  2  of  part  U of chapter 56 of the laws of 2009, is amended to
read as follows:
  S 3. This act shall take effect on the  first  day  of  November  next
succeeding  the  date  on  which  it  shall have become a law, and shall
remain in effect until the first day of September, [2011] 2014, when  it
shall expire and be deemed repealed.
  S  3.  Section  3  of  chapter  886  of the laws of 1972, amending the
correction law and the penal  law  relating  to  prisoner  furloughs  in
certain  cases  and  the  crime  of  absconding therefrom, as amended by
section 3 of part U of chapter 56 of the laws of  2009,  is  amended  to
read as follows:
  S  3.  This act shall take effect 60 days after it shall have become a
law and shall remain in effect until September 1, [2011] 2014.
  S 4. Section 20 of chapter 261 of the laws of 1987, amending  chapters
50, 53 and 54 of the laws of 1987, the correction law, the penal law and
other  chapters and laws relating to correctional facilities, as amended
by section 4 of part U of chapter 56 of the laws of 2009, is amended  to
read as follows:
  S 20. This act shall take effect immediately except that section thir-
teen  of  this  act shall expire and be of no further force or effect on
and after September 1, [2011]  2014  and  shall  not  apply  to  persons
committed to the custody of the department after such date, and provided
further that the commissioner of correctional services shall report each
January  first and July first during such time as the earned eligibility
program is in effect, to the chairmen of the senate crime victims, crime
and correction committee,  the  senate  codes  committee,  the  assembly
correction committee, and the assembly codes committee, the standards in
effect  for  earned  eligibility  during the prior six-month period, the
number of inmates subject to the provisions of earned  eligibility,  the
number  who  actually received certificates of earned eligibility during
that period of time, the number of inmates  with  certificates  who  are
granted  parole  upon  their  first consideration for parole, the number

A. 4007--B                          5

with certificates who are denied parole upon their first  consideration,
and the number of individuals granted and denied parole who did not have
earned eligibility certificates.
  S 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992,
amending  the tax law and other laws relating to taxes, surcharges, fees
and funding, as amended by section 5 of part U of chapter 56 of the laws
of 2009, is amended to read as follows:
  (q) the provisions of section two  hundred  eighty-four  of  this  act
shall  remain in effect until September 1, [2011] 2014 and be applicable
to all persons entering the program on or before August 31, [2011] 2014.
  S 6. Section 10 of chapter 339 of  the  laws  of  1972,  amending  the
correction  law  and  the  penal  law  relating  to inmate work release,
furlough and leave, as amended by section 6 of part U of chapter  56  of
the laws of 2009, is amended to read as follows:
  S  10. This act shall take effect 30 days after it shall have become a
law and shall remain in effect  until  September  1,  [2011]  2014,  and
provided  further  that  the commissioner of correctional services shall
report each January first, and July first, to the chairman of the senate
crime victims, crime and correction committee, the senate codes  commit-
tee,  the  assembly correction committee, and the assembly codes commit-
tee, the number of eligible inmates in each facility under  the  custody
and  control  of  the commissioner who have applied for participation in
any program offered under the provisions of work release,  furlough,  or
leave, and the number of such inmates who have been approved for partic-
ipation.
  S  7.  Subdivision (c) of section 46 of chapter 60 of the laws of 1994
relating to certain provisions which impact upon expenditure of  certain
appropriations made by chapter 50 of the laws of 1994 enacting the state
operations  budget,  as  amended by section 7 of part U of chapter 56 of
the laws of 2009, is amended to read as follows:
  (c) sections forty-one and forty-two of this act shall expire  Septem-
ber  1,  [2011] 2014; provided, that the provisions of section forty-two
of this act shall apply to inmates entering the work release program  on
or after such effective date; and
  S  8.  Section  5  of  chapter  554  of the laws of 1986, amending the
correction law and the penal law relating  to  providing  for  community
treatment  facilities  and establishing the crime of absconding from the
community treatment facility, as amended by section 8 of part U of chap-
ter 56 of the laws of 2009, is amended to read as follows:
  S 5. This act shall take effect immediately and shall remain  in  full
force  and  effect  until September 1, [2011] 2014, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in  effect,
to  the  chairmen  of  the  senate  crime  victims, crime and correction
committee, the senate codes committee, the assembly  correction  commit-
tee, and the assembly codes committee, the number of individuals who are
released to community treatment facilities during the previous six-month
period,  including  the  total number for each date at each facility who
are not residing within the facility, but who are required to report  to
the facility on a daily or less frequent basis.
  S  9.  Subdivision  h  of section 74 of chapter 3 of the laws of 1995,
amending the correction law and other laws relating to the incarceration
fee, as amended by section 9 of part U of chapter  56  of  the  laws  of
2009, is amended to read as follows:
  h.  Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 1995; provided, however, that the

A. 4007--B                          6

provisions of section 189 of the correction law, as amended  by  section
fifty-five of this act, subdivision 5 of section 60.35 of the penal law,
as  amended by section fifty-six of this act, and section fifty-seven of
this  act shall expire September 1, [2011] 2014, when upon such date the
amendments to the correction law and penal law made by  sections  fifty-
five  and  fifty-six  of  this act shall revert to and be read as if the
provisions of this act had not been  enacted;  provided,  however,  that
sections  sixty-two,  sixty-three  and  sixty-four  of this act shall be
deemed to have been in full force and effect on and after March 1,  1995
and  shall  be  deemed  repealed  April  1,  1996 and upon such date the
provisions of subsection (e) of section 9110 of the  insurance  law  and
subdivision  2  of section 89-d of the state finance law shall revert to
and be read as set out in law on  the  date  immediately  preceding  the
effective date of sections sixty-two and sixty-three of this act;
  S  10.  Subdivision  (z)  of  section 427 of chapter 55 of the laws of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees and funding, as amended by section 10 of part U of  chapter  56  of
the laws of 2009, is amended to read as follows:
  (z)  the  provisions  of  section three hundred eighty-one of this act
shall apply to all  persons  supervised  by  the  [division  of  parole]
DEPARTMENT  OF  CORRECTIONS  AND  COMMUNITY  SUPERVISION on or after the
effective date of this act, provided  however,  that  subdivision  9  of
section  259-a  of  the executive law, as added by section three hundred
eighty-one of this act, shall expire on September 1, [2011] 2014;
  S 11. Subdivision (aa) of section 427 of chapter 55  of  the  laws  of
1992, amending the tax law and other laws relating to taxes, surcharges,
fees  and  funding,  as amended by section 11 of part U of chapter 56 of
the laws of 2009, is amended to read as follows:
  (aa) the  provisions  of  sections  three  hundred  eighty-two,  three
hundred  eighty-three  and  three  hundred eighty-four of this act shall
expire on September 1, [2011] 2014;
  S 12. Section 12 of chapter 907 of the  laws  of  1984,  amending  the
correction  law,  the New York city criminal court act and the executive
law relating to prison and jail housing and  alternatives  to  detention
and  incarceration programs, as amended by section 12 of part U of chap-
ter 56 of the laws of 2009, is amended to read as follows:
  S 12.  This  act  shall  take  effect  immediately,  except  that  the
provisions  of sections one through ten of this act shall remain in full
force and effect until September 1, [2011]  2014  on  which  date  those
provisions shall be deemed to be repealed.
  S  13.    Subdivision (p) of section 406 of chapter 166 of the laws of
1991, amending the tax law and other laws relating to taxes, as  amended
by section 13 of part U of chapter 56 of the laws of 2009, is amended to
read as follows:
  (p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this  act  shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three  hundred  forty-one  of
this act shall take effect immediately and shall expire November 1, 1993
at  which  time  it  shall  be  deemed  repealed; sections three hundred
forty-five and three hundred forty-six of this  act  shall  take  effect
July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this  act
shall  take  effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and  shall

A. 4007--B                          7

expire  June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed  on  or  after  such
effective  date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred  seventy-four,  three
hundred  seventy-five  and  three  hundred seventy-six of this act shall
remain in effect until September 1, [2011]  2014,  at  which  time  they
shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
surcharge provided in section three hundred  seventy-four  of  this  act
shall  apply  to parking violations occurring on or after said effective
date; and provided further that the amendments made to  section  235  of
the vehicle and traffic law by section three hundred seventy-two of this
act,  the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the  labor  law  by
section three hundred seventy-five of this act shall expire on September
1,  [2011]  2014  and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the  provisions  of  this
act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred  seventy-
seven  and  three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions  of  such  subdivisions  shall
revert  and  shall be read as if the provisions of this act had not been
enacted; the state board of law examiners shall take such action  as  is
necessary to assure that all applicants for examination for admission to
practice  as  an  attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any  exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the  date  prior  to  the  effective date of this act; the provisions of
section 306-a of the civil practice law and rules as  added  by  section
three  hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided,  however,  that
for  the  purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September  1,  1991;
the  provisions  of section three hundred eighty-three of this act shall
apply to all money deposited  in  connection  with  a  cash  bail  or  a
partially  secured  bail  bond  on or after such effective date; and the
provisions of sections  three  hundred  eighty-four  and  three  hundred
eighty-five  of  this  act  shall  apply  only to jury service commenced
during a judicial term beginning on or after the effective date of  this
act; provided, however, that nothing contained herein shall be deemed to
affect  the  application,  qualification,  expiration  or  repeal of any
provision of law amended by any section of this act and such  provisions
shall  be  applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
  S 14. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 14 of part U of chapter 56 of the laws  of  2009,  is
amended to read as follows:
  8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [eleven] FOURTEEN.
  S 15. Section 6 of chapter 713 of the laws of 1988, amending the vehi-
cle  and  traffic law relating to the ignition interlock device program,

A. 4007--B                          8

as amended by section 15 of part U of chapter 56 of the laws of 2009, is
amended to read as follows:
  S  6.  This  act  shall  take  effect  on  the first day of April next
succeeding the date on which it  shall  have  become  a  law;  provided,
however,  that  effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the  fore-
going  sections  of  this  act on their effective date is authorized and
directed to be made and completed on or before such effective  date  and
shall  remain in full force and effect until the first day of September,
[2011] 2014 when upon such date the provisions  of  this  act  shall  be
deemed repealed.
  S 16. Paragraph a of subdivision 6 of section 76 of chapter 435 of the
laws of 1997, amending the military law and other laws relating to vari-
ous  provisions, as amended by section 16 of part U of chapter 56 of the
laws of 2009, is amended to read as follows:
  a. sections forty-three through forty-five of this  act  shall  expire
and be deemed repealed on September 1, [2011] 2014;
  S 17. Section 4 of part D of chapter 412 of the laws of 1999, amending
the civil practice law and rules and the court of claims act relating to
prisoner  litigation reform, as amended by section 17 of part U of chap-
ter 56 of the laws of 2009, is amended to read as follows:
  S 4. This act shall take effect 120 days after it shall have become  a
law  and shall remain in full force and effect until September 1, [2011]
2014, when upon such date it shall expire.
  S 18. Subdivision 2 of section 59 of chapter 222 of the laws of  1994,
constituting  the  family  protection and domestic violence intervention
act of 1994, as amended by section 18 of part U of  chapter  56  of  the
laws of 2009, is amended to read as follows:
  2.  Subdivision  4  of section 140.10 of the criminal procedure law as
added by section thirty-two of this act shall  take  effect  January  1,
1996  and  shall  expire  and  be deemed repealed on September 1, [2011]
2014.
  S 19. Section 5 of chapter 505 of the laws of 1985, amending the crim-
inal procedure law relating to the use of closed-circuit television  and
other  protective  measures  for  certain child witnesses, as amended by
section 19 of part U of chapter 56 of the laws of 2009,  is  amended  to
read as follows:
  S  5.  This  act  shall take effect immediately and shall apply to all
criminal actions and proceedings commenced prior to the  effective  date
of  this  act  but  still  pending  on such date as well as all criminal
actions and proceedings commenced on or after such  effective  date  and
its provisions shall expire on  September 1, [2011] 2014, when upon such
date the provisions of this act shall be deemed repealed.
  S  20.  Subdivision  d of section 74 of chapter 3 of the laws of 1995,
enacting the sentencing reform act of 1995, as amended by section 21  of
part U of chapter 56 of the laws of 2009, is amended to read as follows:
  d.  Sections  one-a  through twenty, twenty-four through twenty-eight,
thirty through thirty-nine, forty-two and forty-four of this  act  shall
be deemed repealed on September 1, [2011] 2014;
  S 21. Section 2 of chapter 689 of the laws of 1993 amending the crimi-
nal  procedure  law  relating  to electronic court appearance in certain
counties, as amended by section 23 of part U of chapter 56 of  the  laws
of 2009, is amended to read as follows:
  S  2.  This  act  shall  take  effect  immediately,  except  that  the
provisions of this act shall be deemed to have been in  full  force  and
effect  since  July  1, 1992 and the provisions of this act shall expire

A. 4007--B                          9

September 1, [2011] 2014 when upon such date the provisions of this  act
shall be deemed repealed.
  S 22. Section 3 of chapter 688 of the laws of 2003, amending the exec-
utive law relating to enacting the interstate compact for adult offender
supervision,  as  amended  by  section 20 of part U of chapter 56 of the
laws of 2009, is amended to read as follows:
  S 3. This act shall take effect immediately, except that  section  one
of  this  act  shall take effect on the first of January next succeeding
the date on which it shall have become a law, and shall remain in effect
until the first of September, [2011] 2014,  upon  which  date  this  act
shall  be deemed repealed and have no further force and effect; provided
that section one of this act shall only take effect with respect to  any
compacting  state  which  has  enacted  an  interstate  compact entitled
"Interstate compact for adult offender supervision" and having an  iden-
tical  effect  to  that  added  by  section one of this act and provided
further that with respect to any such compacting state, upon the  effec-
tive date of section one of this act, section 259-m of the executive law
is  hereby  deemed  REPEALED and section 259-mm of the executive law, as
added by section one of  this  act,  shall  take  effect;  and  provided
further  that  with respect to any state which has not enacted an inter-
state compact entitled "Interstate compact  for  adult  offender  super-
vision"  and  having an identical effect to that added by section one of
this act, section 259-m of the executive law shall take effect  and  the
provisions  of  section one of this act, with respect to any such state,
shall have no force or effect until such time as such state shall  adopt
an  interstate  compact  entitled "Interstate compact for adult offender
supervision" and having an identical effect to that added by section one
of this act in which case, with respect to such state,  effective  imme-
diately,  section  259-m  of  the  executive  law is deemed repealed and
section 259-mm of the executive law, as added by  section  one  of  this
act, shall take effect.
  S  23. Section 8 of part H of chapter 56 of the laws of 2009, amending
the correction law relating to limiting the closing of  certain  correc-
tional  facilities,  providing  for  the  custody  by  the department of
correctional services of inmates serving definite  sentences,  providing
for  custody  of  federal prisoners and requiring the closing of certain
correctional facilities, is amended to read as follows:
  S 8. This act shall take effect immediately;  provided,  however  that
sections  five  and  six of this act shall expire and be deemed repealed
September 1, [2011] 2014.
  S 24. This act shall take effect immediately.

                                 PART B

  Section 1. Sections 1 and 2 of part H of chapter 503 of  the  laws  of
2009  relating to the disposition of monies recovered by county district
attorneys before the filing of an accusatory instrument, as  amended  by
section  1  of part KK of chapter 56 of the laws of 2010, are amended to
read as follows:
  Section 1. When a county district attorney of a county  located  in  a
city  of  one  million  or  more recovers monies before the filing of an
accusatory instrument as defined in subdivision 1 of section 1.20 of the
criminal procedure law, after injured parties  have  been  appropriately
compensated, the district attorney's office shall retain a percentage of
the remaining such monies in recognition that such monies were recovered
as  a result of investigations undertaken by such office. [The] FOR EACH

A. 4007--B                         10

RECOVERY THE total amount of such monies to be retained  by  the  county
district  attorney's office shall equal ten percent of the first twenty-
five million dollars received by such office [during  the  state  fiscal
year],  plus  seven and one-half percent of such monies received by such
office in excess of twenty-five million  dollars  but  less  than  fifty
million  dollars,  plus five percent of any such monies received by such
office in excess of fifty million dollars  but  less  than  one  hundred
million dollars, plus one percent of such monies received by such office
in  excess of one hundred million dollars.  The remainder of such monies
shall be paid by the district attorney's office to the state and to  the
county in equal amounts within thirty days of receipt, where disposition
of  such  monies is not otherwise prescribed by law.  Monies distributed
to a county district attorney's office pursuant to this section shall be
used to enhance law enforcement efforts [and shall  not  supplant  funds
for  ordinary  budgetary  costs  including  salaries  of  personnel  and
expenses of district attorneys].
  S 2. This act shall take effect immediately and shall remain  in  full
force  and effect until [the last day of] March 31, [2011] 2012, when it
shall expire and be deemed repealed.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect  on  and  after March 31, 2011;
provided, however, that the amendments to section 1 of part H of chapter
503 of the laws of 2009 made by section one of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.

                                 PART C

  Intentionally omitted.

                                 PART D

  Section 1. Subdivision 6 of section 186-f of the tax law, as added  by
section  3 of part B of chapter 56 of the laws of 2009, paragraph (c) as
amended by section 38 and paragraph (d) as amended and paragraph (e)  as
added  by  section  39  of  part B of chapter 56 of the laws of 2010, is
amended to read as follows:
  6. Distribution. The monies collected from the  surcharge  imposed  by
this section must be distributed to include the following:
  (a)  The sum of twenty-five million five hundred thousand dollars must
be allocated to the state police pursuant to appropriation by the legis-
lature annually;
  (b) The sum of one million  five  hundred  thousand  dollars  must  be
deposited into the New York state emergency services revolving loan fund
annually;  PROVIDED,  HOWEVER, THAT SUCH SUMS SHALL NOT BE DEPOSITED FOR
STATE FISCAL YEARS TWO THOUSAND  ELEVEN--TWO  THOUSAND  TWELVE  AND  TWO
THOUSAND TWELVE--TWO THOUSAND THIRTEEN;
  (c) Up to the sum of seventy-five million dollars annually may be used
for the provision of grants or reimbursements to counties for the devel-
opment,  consolidation,  or  operation  of  public safety communications
systems or networks designed to support statewide interoperable communi-
cations for first responders, to be distributed  pursuant  to  standards
and  guidelines  issued  by  the state. Annual grants may consider costs
borne by a municipality related to the issuance of local  public  safety
communications  bonds pursuant to section twenty-four hundred thirty-two
of the public authorities law, when the municipality has qualified as an
approved participant in a statewide interoperable communications  system

A. 4007--B                         11

under  the  standards  and guidelines issued by the state, and maintains
compliance with such standards and guidelines. The grant amount will  be
prescribed  pursuant  to an agreement with the municipality, and may not
exceed  thirty  percent  of the annual cost borne by the municipality in
relation to such bonds;
  (d) To provide the costs of debt service for bonds and notes issued to
finance expedited deployment  funding  pursuant  to  the  provisions  of
section three hundred thirty-three of the county law and section sixteen
hundred eighty-nine-h of the public authorities law; and
  (e)  [services]  SERVICES and expenses that support the operations and
mission of the division of homeland security and emergency  services  as
appropriated by the legislature.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of  part  O  of  chapter  56  of the laws of 2010, is amended to read as
follows:
  (f) executive director of adirondack park  agency,  [commissioners  of
the  state  liquor  authority,] commissioners of the state civil service
commission, members of state commission of correction, members of  unem-
ployment  insurance  appeal  board,  and members of the workers' compen-
sation board.
  S 2.  Section 11 of the alcoholic beverage control law, as amended  by
chapter 83 of the laws of 1995, is amended to read as follows:
  S 11. Appointment of authority.  The members of the authority shall be
appointed  by  the  governor  by  and with the advice and consent of the
senate. Not more than two members of the authority shall belong  to  the
same  political  party.    The  chairman of the state alcoholic beverage
control board heretofore appointed and designated by  the  governor  and
the remaining members of such board heretofore appointed by the governor
shall  continue  to serve as chairman and members of the authority until
the expiration of the respective terms for which  they  were  appointed.
Upon  the  expiration  of  such  respective terms the successors of such
chairman and members shall be appointed to serve for  a  term  of  three
years each and until their successors have been appointed and qualified.
THE  COMMISSIONERS,  OTHER  THAN THE CHAIRMAN SHALL, WHEN PERFORMING THE
WORK OF THE AUTHORITY, BE COMPENSATED AT A RATE  OF  TWO  HUNDRED  SIXTY
DOLLARS  PER  DAY,  TOGETHER  WITH AN ALLOWANCE FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES. THE  CHAIRMAN  SHALL
RECEIVE  AN  ANNUAL SALARY ESTABLISHED IN SECTION ONE HUNDRED SIXTY-NINE
OF THE EXECUTIVE LAW.
  S 3. This act shall take effect immediately.

                                 PART F

  Section 1.  Subdivision 2 of section 9-212 of  the  election  law,  as
amended  by  chapter  635  of  the  laws  of 1990, is amended to read as
follows:
  2. All such determinations shall be  in  writing  and  signed  by  the
members  of  the  canvassing  board  or a majority of them and filed and
recorded in the office of the board of elections. Except in the city  of
New  York  and  in  the  counties of Nassau, Orange and Westchester, the
board of elections shall cause a copy of such determinations, and of the

A. 4007--B                         12

statements filed in its  office  upon  which  such  determinations  were
based,  to  be  [published  once in each of the newspapers designated to
publish election  notices  and  the  official  canvass]  POSTED  ON  ITS
WEBSITE.  The  statement  of  canvass to be [published] POSTED, however,
shall not give the vote by election districts but shall contain only the
total vote for a person, or the  total  vote  for  and  the  total  vote
against a ballot proposal, cast within the county, or within the portion
thereof,  if  any,  in  which  an office is filled or ballot proposal is
decided by the voters if the canvass of the vote thereon  devolves  upon
the county board of canvassers. Such totals shall be expressed in arabic
numerals.
  S 2. Section 4-116 of the election law, the section heading as amended
by  chapter 234 of the laws of 1976, subdivision 1 as amended by chapter
341 of the laws of 1995, and subdivisions 2 and 3 as amended by  chapter
60 of the laws of 1993, is amended to read as follows:
  S  4-116.  Constitutional  amendments and questions; publication of by
state board of elections and secretary of state.  1.  The  secretary  of
state  shall  cause  each concurrent resolution of the two houses of the
legislature agreeing to a proposed amendment to  the  constitution  that
has  been  referred  to the legislature to be chosen at the next general
election to be [published] POSTED ON ITS WEBSITE at least once  in  each
of  the  three  months  next preceding such election. Such [publication]
POSTING shall include the information that such amendment  has  been  so
referred.
  2.  The  state  board of elections shall [publish] POST ON ITS WEBSITE
once in the week preceding any election at which proposed constitutional
amendments or other propositions or questions are to be submitted to the
voters of the state an abstract of such amendment or question,  a  brief
statement  of  the  law  or  proceedings  authorizing such submission, a
statement that such submission will be made and the form in which it  is
to be submitted.
  [3.  Publication  required by subdivision two of this section shall be
in one newspaper of general circulation in each county.]
  S 3. This act shall take effect April 1, 2011.

                                 PART G

  Section 1. The opening paragraph of subparagraph 4 of paragraph (h) of
subdivision 8 of section 15 of the workers' compensation law, as amended
by section 1 of part QQ of chapter 56 of the laws of 2009, is amended to
read as follows:
  As soon as practicable after May first in the  year  nineteen  hundred
fifty-eight,  and annually thereafter as soon as practicable after Janu-
ary first in each succeeding year, the chair of the board  shall  assess
upon  and  collect from all self-insurers[, except group self-insurers],
the state insurance fund, AND all insurance carriers [and group self-in-
surers,] (A) a sum equal to one hundred fifty per centum  of  the  total
disbursements made from the special disability fund during the preceding
calendar year (not including any disbursements made on account of antic-
ipated  liabilities  or  waiver  agreements  funded by bond proceeds and
related earnings), less the amount of the net assets in such fund as  of
December  thirty-first  of  said  preceding calendar year, and (B) a sum
sufficient to cover  debt  service,  and  associated  costs  (the  "debt
service assessment") to be paid during the calendar year by the dormito-
ry authority, as calculated in accordance with subparagraph five of this
paragraph.  Such  assessments  shall  be  allocated to (i) self-insurers

A. 4007--B                         13

[except group self-insurers] and the state insurance fund based upon the
proportion that the total compensation payments made by all  self-insur-
ers  [except  group  self-insurers] and the state insurance fund bore to
the  total compensation payments made by all self-insurers [except group
self-insurers], the state insurance fund,  AND  all  insurance  carriers
[and  group  self-insurers],  AND (ii) insurance carriers based upon the
proportion that the total compensation payments made  by  all  insurance
carriers  bore  to  the total compensation payments by all self-insurers
[except group self-insurers], the state insurance fund and all insurance
carriers [and group self-insurers] during the fiscal  year  which  ended
within  said  preceding  calendar  year[,  and (iii) group self-insurers
based upon the proportion that the total compensation payments  made  by
all  group self-insurers bore to the total compensation payments made by
all self-insurers, the state insurance fund and all  insurance  carriers
during the fiscal year which ended within said preceding calendar year].
Insurance  carriers  and  self-insurers  shall  be  liable  for all such
assessments regardless of the date on which they came into existence, or
whether they have made any claim  for  reimbursement  from  the  special
disability  fund.  The  portion  of  such sum allocated to self-insurers
[except group self-insurers] and the state insurance fund that shall  be
collected  from  each self-insurer [except a group self-insurer] and the
state insurance fund shall be a sum  equal  to  the  proportion  of  the
amount  which  the total compensation payments of each such self-insurer
[except a group self-insurer] or the state insurance fund  bore  to  the
total  compensation  payments  made  by  all self-insurers [except group
self-insurers] and the state insurance fund during the fiscal year which
ended within said preceding calendar year. The portion of such sum allo-
cated to insurance carriers that shall be collected from each  insurance
carrier  shall be a sum equal to that proportion of the amount which the
total standard premium by each such insurance carrier bore to the  total
standard  premium reported by all insurance carriers during the calendar
year which ended within said preceding fiscal year. [The portion of such
sum allocated to group self-insurers that shall be collected  from  each
group self-insurer shall be a sum equal to that proportion of the amount
which the pure premium calculation for each such group self-insurer bore
to  the  total  pure premium calculation for all group self-insurers for
the calendar year which ended within the preceding state  fiscal  year.]
The  payments  from  the  debt  service assessment, unless otherwise set
forth in the special disability fund  financing  agreement,  are  hereby
pledged  therefor  and  shall  be  deemed  the  first monies received on
account of assessments in each year. For the purposes of this paragraph,
"standard premium" shall mean the premium as defined for the purposes of
this assessment by the superintendent of insurance, in consultation with
the chair of the board and the workers' compensation rating board.  [For
purposes of this paragraph "pure premium calculation" means the New York
state  annual  payroll as of December thirty-first of the preceding year
by class code for each employer member of a  group  self-insurer  multi-
plied  by  the applicable loss cost for each class code as determined by
the workers' compensation rating board in  effect  on  December  thirty-
first  of the preceding year, and for a group or individual self-insurer
who has ceased to self-insure shall be based on payroll at the time  the
group  or  individual  self-insurer  ceased  to self-insure reduced by a
factor reflecting  the  reduction  in  the  group  or  individual  self-
insurer's  self-insurance  liabilities since ceasing to self-insure.] An
employer who has ceased to be a self-insurer [or a group that ceases  to
be licensed as a group self-insurer] shall continue to be liable for any

A. 4007--B                         14

assessments  into said fund on account of any compensation payments made
by him or her on his or her account during such  fiscal  year,  and  the
security fund, created under the provisions of section one hundred seven
of  this chapter, shall, in the event of the insolvency of any insurance
company, be liable for any assessments that would have been made against
such company except for its insolvency. No assessment shall  be  payable
from  the  aggregate trust fund, created under the provisions of section
twenty-seven of this article, but such fund shall continue to be  liable
for  all  compensation that shall be payable under any award or order of
the board, the commuted value of which has been  paid  into  such  fund.
Such assessments when collected shall be deposited with the commissioner
of  taxation  and finance for the benefit of such fund. Unless otherwise
provided, such assessments, shall not constitute an element of loss  for
the  purpose  of establishing rates for compensation insurance but shall
for the purpose of collection be treated as separate costs by  carriers.
All  insurance carriers and the state insurance fund, shall collect such
assessments, from their  policyholders  through  a  surcharge  based  on
premiums  in  accordance  with  rules set forth by the superintendent of
insurance in consultation with the New York workers' compensation rating
board and the chair of the board. Such surcharge shall be considered  as
part of premium for purposes prescribed by law including, but not limit-
ed  to, computing premium tax, reporting to the superintendent of insur-
ance pursuant to section ninety-nine of this chapter and  section  three
hundred  seven  of  the  insurance  law,  determining  the limitation of
expenditures for the administration of the state insurance fund pursuant
to section eighty-eight of this  chapter  and  the  cancellation  by  an
insurance  carrier,  including the state insurance fund, of a policy for
non-payment of premium. The provisions of this paragraph shall not apply
with respect to policies containing coverage pursuant to subsection  (j)
of  section  three  thousand  four  hundred  twenty of the insurance law
relating to every  policy  providing  comprehensive  personal  liability
insurance  on  a one, two, three or four family owner-occupied dwelling.
The state insurance fund shall[,] notify its insureds that such  assess-
ments,  shall  be,  for  the  purpose of recoupment, treated as separate
costs, [respectively] for the purpose of premiums  billed  on  or  after
October  first,  nineteen hundred ninety-four.  FOR THE PURPOSES OF THIS
SECTION, A "SELF-INSURER" SHALL BE:    (I)  AN  EMPLOYER  AUTHORIZED  TO
SELF-INSURE  UNDER  SUBDIVISION  THREE OF SECTION FIFTY OF THIS CHAPTER,
ACTIVE GROUPS AUTHORIZED PURSUANT  TO  SUBDIVISION  THREE-A  OF  SECTION
FIFTY  OF THIS CHAPTER OR A GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE
UNDER PARAGRAPH TEN OF SUBDIVISION THREE-A  OF  SECTION  FIFTY  OF  THIS
CHAPTER;  (II)  A PUBLIC EMPLOYER AUTHORIZED AS SET FORTH IN PARAGRAPH A
OF SUBDIVISION FOUR OF SECTION FIFTY  OF  THIS  CHAPTER  TO  SELF-INSURE
UNDER SUBDIVISION THREE, THREE-A OR FOUR OF SUCH SECTION OR ARTICLE FIVE
OF THIS CHAPTER, WHETHER INDIVIDUALLY OR AS A GROUP.
  S  2. The workers' compensation law is amended by adding a new section
15-a to read as follows:
  S 15-A. ASSESSMENT ON DELINQUENT GROUP SELF-INSURED TRUSTS. THE LEGIS-
LATURE FINDS THAT IN LIEU OF  THE  RELIEF  FROM  THE  ASSESSMENTS  UNDER
SECTIONS FIFTEEN AND ONE HUNDRED FIFTY-ONE OF THIS CHAPTER THAT SHALL NO
LONGER  BE  IMPOSED ON CLOSED GROUP SELF-INSURED TRUSTS AS A RESULT OF A
CHAPTER OF THE LAWS  OF  TWO  THOUSAND  ELEVEN,  THE  MEMBERS  OF  GROUP
SELF-INSURED  TRUSTS  THAT  WERE NOT FULLY FUNDED UPON CLOSING, AND THAT
FAIL TO PAY THEIR OBLIGATIONS  WITHIN  THE  PERIODS  SPECIFIED  BY  THIS
SECTION,  SHALL BE SUBJECT TO AN ASSESSMENT. WITHIN THIRTY DAYS OF JANU-
ARY FIRST, TWO THOUSAND SIXTEEN, ALL EMPLOYERS WHO  WERE  MEMBERS  OF  A

A. 4007--B                         15

CLOSED  GROUP SELF-INSURED TRUST THAT HAD NOT FULLY FUNDED ALL OUTSTAND-
ING CLAIMS OBLIGATIONS AT THE TIME THE GROUP WAS CLOSED SHALL BE SUBJECT
TO AN ASSESSMENT UNDER THIS PARAGRAPH, EXCEPT FOR THOSE EMPLOYERS  THAT:
(1)  HAVE  ENTERED  INTO A SETTLEMENT AGREEMENT OR PAYMENT PLAN WITH THE
BOARD UNDER WHICH THEY HAVE AGREED TO RESOLVE ALL LIABILITIES  FROM  THE
MEMBERSHIP  IN SUCH TRUST, AND REMAIN CURRENT IN THEIR PAYMENTS; (2) ARE
MEMBERS OF A GROUP SELF-INSURER THAT HAS TRANSFERRED ALL OF ITS  LIABIL-
ITIES  TRANSFERRED  VIA  A  LOSS  PORTFOLIO  TRANSFER; (3) HAVE PAID ALL
MONEYS BILLED THEM BY THE BOARD AT THE TIME SUCH ASSESSMENT IS  DUE;  OR
(4)  WHERE  THE  TRUST IS NOT ADMINISTERED BY THE BOARD, CAN DEMONSTRATE
THAT THE ADMINISTRATOR OF THE INACTIVE TRUST HAS ASSESSED SUCH  EMPLOYER
FOR  ITS  PRO RATA SHARE OF THE TRUST'S OUTSTANDING LIABILITIES, AND THE
EMPLOYER HAS PAID SUCH ASSESSMENT. THE TOTAL OF SUCH ASSESSMENT SHALL BE
DETERMINED BY THE PERCENTAGE OF THE ASSESSMENT LEVIED ON  ALL  EMPLOYERS
UNDER  SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS ARTICLE IN TWO THOU-
SAND TEN THAT WAS LEVIED ON GROUP SELF-INSURED TRUSTS  TIMES  THE  TOTAL
AMOUNT  OF  THE  EMPLOYER'S UNPAID PRO RATA SHARE OF ANY DEFICIT OWED BY
THE CLOSED GROUP SELF-INSURED EMPLOYER OF  WHICH  SUCH  EMPLOYER  WAS  A
MEMBER, AS DETERMINED BY THE BOARD OR THE ADMINISTRATOR OF SUCH TRUST IF
IT IS NOT ADMINISTERED BY THE BOARD. THE AMOUNT RECEIVED ON SUCH ASSESS-
MENT SHALL BE USED AS AN OFFSET AGAINST THE ASSESSMENTS IMPOSED ON OTHER
EMPLOYERS UNDER SUBDIVISION EIGHT OF SECTION FIFTEEN OF THIS ARTICLE AND
SECTION  ONE  HUNDRED  FIFTY-ONE  OF  THIS  CHAPTER IN THE CALENDAR YEAR
FOLLOWING THE YEAR IN WHICH IT WAS RECEIVED.
  S 3. Subdivision 3 of section 50 of the workers' compensation law,  as
amended  by chapter 6 of the laws of 2007, the second undesignated para-
graph as amended by section 3 of part R of chapter 56  of  the  laws  of
2010, is amended to read as follows:
  3.  By  furnishing  satisfactory  proof  to the chair of his financial
ability to pay such compensation for himself, OR  TO  PAY  SUCH  COMPEN-
SATION  ON BEHALF OF A GROUP OF EMPLOYERS IN ACCORDANCE WITH SUBDIVISION
TEN OF THIS SECTION, in which case the chair shall require  the  deposit
with the chair of such securities as the chair may deem necessary of the
kind  prescribed  in  subdivisions  one,  two, three, four and five, and
subparagraph (a) of paragraph three of subdivision seven of section  two
hundred  thirty-five  of the banking law, or the deposit of cash, or the
filing of irrevocable letters of credit issued by  a  qualified  banking
institution  as  defined by rules promulgated by the chair or the filing
of a bond of a surety company authorized to transact  business  in  this
state,  in  an  amount to be determined by the chair, or the posting and
filing as aforesaid of a combination of such  securities,  cash,  irrev-
ocable  letters  of credit and surety bond in an amount to be determined
by the chair, to secure his liability to pay the  compensation  provided
in this chapter. Any such surety bond must be approved as to form by the
chair.  If  an employer OR GROUP OF EMPLOYERS posts and files a combina-
tion of securities, cash, irrevocable letters of credit and surety  bond
as  aforesaid,  and  if  it becomes necessary to use the same to pay the
compensation provided in this chapter, the chair shall  first  use  such
securities  or  cash or irrevocable letters of credit and, when the full
amount thereof has been exhausted, he shall then require the  surety  to
pay  forthwith to the chair all or any part of the penal sum of the bond
for that purpose. The chair may also require an agreement on the part of
the employer OR GROUP OF EMPLOYERS to  pay  any  awards  commuted  under
section twenty-seven of this chapter, into the special fund of the state
fund,  as  a condition of his being allowed to remain uninsured pursuant
to this section. The chair shall have the authority to deny the applica-

A. 4007--B                         16

tion of an employer OR GROUP OF EMPLOYERS to pay such  compensation  for
himself  or  to  revoke his consent furnished, under this section at any
time, for good cause shown. The employer OR GROUP OF EMPLOYERS  qualify-
ing under this subdivision shall be known as a self-insurer.
  If  for  any  reason  the  status of an employer OR GROUP OF EMPLOYERS
under this subdivision is terminated, the securities or the surety bond,
or the securities, cash, or irrevocable letters  of  credit  and  surety
bond,  on  deposit referred to herein shall remain in the custody of the
chair for such time as the chair may deem proper and warranted under the
circumstances. In lieu thereof, and at the discretion of the chair,  the
employer, his or her heirs or assigns or others carrying on or liquidat-
ing  such  business,  may execute an assumption of workers' compensation
liability insurance policy securing such further and  future  contingent
liability as may arise from prior injuries to workers and be incurred by
reason  of  any change in condition of such workers warranting the board
making subsequent awards for payment of  additional  compensation.  Such
policy  shall  be  in a form approved by the superintendent of insurance
and issued by the state fund or any insurance company licensed to  issue
this  class of insurance in this state. In the event that such policy is
issued by an insurance company other than  the  state  fund,  then  said
policy  shall  be  deemed  of the kind specified in paragraph fifteen of
subsection (a) of section one  thousand  one  hundred  thirteen  of  the
insurance  law and covered by the workers' compensation security fund as
created and governed by article six-A of this chapter. It shall only  be
issued  for a single complete premium payment in advance by the employer
OR GROUP OF EMPLOYERS and in an amount deemed acceptable  by  the  chair
and  the  superintendent of insurance. In lieu of the applicable premium
charge ordinarily required to be imposed  by  a  carrier,  said  premium
shall include a surcharge in an amount to be determined by the chair to:
(i)  satisfy  all assessment liability due and owing to the board and/or
the chair under this chapter; and (ii)  satisfy  all  future  assessment
liability under this section, AND WHICH SURCHARGE SHALL BE ADJUSTED FROM
TIME  TO TIME TO REFLECT ANY CHANGES TO THE ASSESSMENT OF GROUP SELF-IN-
SURED EMPLOYERS, INCLUDING ANY CHANGES ENACTED BY A CHAPTER OF THE  LAWS
OF  TWO THOUSAND ELEVEN AMENDING SECTIONS FIFTEEN AND ONE HUNDRED FIFTY-
ONE OF THIS CHAPTER.   Said surcharge shall  be  payable  to  the  board
simultaneous to the execution of the assumption of workers' compensation
liability  insurance policy. However, the payment of said surcharge does
not relieve the carrier from any other  liability,  including  liability
owed  to  the  superintendent  of  insurance pursuant to article [six-a]
SIX-A of this chapter. When issued such policy shall be  non-cancellable
without  recourse  for any cause during the continuance of the liability
secured and so covered.
  [The board will report to the  governor  and  the  legislature  on  or
before  December  first,  two thousand seven, as to the advisability and
feasibility of (1) implementing a statewide self-insured  employer  bond
program, and (2) an improved individual employer bond program.]
  S  4.  Paragraph  9  of  subdivision 3-a of section 50 of the workers'
compensation law is REPEALED.
  S 5. Paragraph 2 and subparagraph (a) of paragraph  7  of  subdivision
3-a  of  section  50  of  the  workers' compensation law, paragraph 2 as
amended by chapter 139 of the laws of  2008,  and  subparagraph  (a)  of
paragraph  7 as amended by section 4 of part R of chapter 56 of the laws
of 2010, are amended and three new paragraphs 10, 11 and 12 are added to
read as follows:

A. 4007--B                         17

  (2) (a) Any group consisting exclusively of such employers may adopt a
plan for self-insurance, as a group, for  the  payment  of  compensation
under  this  chapter  to  their employees, except that no new groups may
adopt such a plan [prior to April first,  two  thousand  nine],  AND  NO
GROUP NOT COMPOSED SOLELY OF PUBLIC ENTITIES SET FORTH IN PARAGRAPH A OF
SUBDIVISION  FOUR  OF  THIS  SECTION  MAY INSURE ANY LIABILITIES FOR ANY
EMPLOYERS ON AND AFTER JANUARY FIRST, TWO  THOUSAND  TWELVE,  EXCEPT  AS
PROVIDED  FOR  IN PARAGRAPH TEN OF THIS SUBDIVISION. Under such plan the
group shall assume the liability of all the employers within  the  group
and  pay  all compensation for which the said employers are liable under
this chapter, except that in the case of municipal corporations as here-
in defined no proof of financial ability or  deposit  of  securities  or
cash need be made in compliance with this subdivision.  The group quali-
fying  under this subdivision shall be known as a group self-insurer and
the employers participating therein and covered thereby shall  be  known
as members.
  (b)  Where  such  plan is adopted the group self-insurer shall furnish
satisfactory proof to the chair of its financial  ability  to  pay  such
compensation  for  the members in the industry covered by it, its reven-
ues, their source and assurance of continuance. The chair shall  require
the deposit with the chair of such securities as may be deemed necessary
of  the  kind prescribed in subdivisions one, two, three, four and five,
and subparagraph (a) of paragraph three of subdivision seven of  section
two hundred thirty-five of the banking law or the deposit of cash or the
filing  of  irrevocable  letters of credit issued by a qualified banking
institution as defined by rules promulgated by the chair or  the  filing
of  a  bond  of a surety company authorized to transact business in this
state, in an amount to be determined to secure its liability to pay  the
compensation  of each employer as above provided.  Such surety bond must
be approved as to form by the chair. The chair shall require each  group
self-insurer  to  provide  regular  reports no less than annually, which
shall include but not be limited to audited financial statements,  actu-
arial opinions and payroll information containing proof that it is fully
funded.  Such  reports  shall  also include a contribution year analysis
detailing contributions  and  expenses  associated  with  each  specific
contribution  year.  For  purposes of this paragraph, proof that a group
self-insurer is fully funded shall at a minimum include proof  of  unre-
stricted cash and investments permitted by regulation of the chair of at
least  one hundred percent of the total liabilities, including the esti-
mate presented in the actuarial opinion submitted by the group  self-in-
surer  in accordance with this chapter. The chair by regulation, may set
further financial standards for group self-insurers. Any group  self-in-
surer  that fails to show that it is fully funded shall be deemed under-
funded, and must submit a plan for achieving fully funded  status  which
may  include  a deficit assessment on members of such group self-insurer
which shall be subject to approval or modification by  the  chair.  [The
chair  may impose such limitations on admission of new members or offer-
ing of discounts on underfunded group self-insurers to insure that  such
group self-insurers shall become fully funded. Should the group self-in-
surer  fail  to  meet the terms of its plan, the chair may condition its
continued authorization to act as a group self-insurer on  the  appoint-
ment  of  an  outside  monitor selected by the chair, at the group self-
insurer's expense. Effective January first, two thousand  fourteen,  any
group  self-insurer  that fails to show it is fully funded in accordance
with this paragraph and the regulations issued  pursuant  thereto  shall
have  one  year  to cure the deficiency. If such deficiency is not cured

A. 4007--B                         18

within one year, the group self-insurer shall be  given  six  months  to
terminate its coverage.]
  (c)  The  chair shall evaluate, no less than once every three years, a
group  self-insurer's  compliance  with  the  financial  and  regulatory
requirements  for  self-insurance.  The  chair  may engage any qualified
person or organization to assist with  such  evaluation  and  any  costs
incurred  by  the  chair  shall be borne by the group self-insurer under
examination. Failure to submit to such independent review or to pay such
costs, upon demand of the chair, shall be sufficient grounds  to  termi-
nate coverage of the group self-insurer.
  (d)  The chair may require reports to be prepared by an auditor, actu-
ary or other consultant, selected  by  the  board  or,  at  the  chair's
discretion, by the group self-insurer from a list which shall be pre-ap-
proved  by  the  chair to determine whether the group self-insurer meets
the financial criteria for self-insurance.  All  actuaries  so  selected
shall be fellows or associates of the casualty actuarial society.
  (e)  The chair may also require that any and all agreements, contracts
and other pertinent  documents  relating  to  the  organization  of  the
members in the group self-insurer shall be filed [at the time the appli-
cation  for  group  self-insurance  is  made or anytime thereafter. Such
application shall be on a form prescribed by the chair.  The  chair  may
also  require an agreement on the part of said group self-insurer to pay
any awards commuted under section twenty-seven of this chapter into  the
aggregate trust fund as a condition of its being allowed to operate as a
group self-insurer pursuant to this subdivision] WITH THE CHAIR.
  (f) The chair shall have the authority to [deny the application of the
group  self-insurer  to  pay  such  compensation  or  to] revoke consent
furnished under this section at any time for good cause shown.
  (g) At least twenty days prior to the requested effective date of  the
participating  agreement, a group self-insurer shall notify the chair on
a prescribed form of a new group self-insurer  member  and  file  (1)  a
member  application  and  (2) a copy of the properly executed prescribed
participation agreement wherein the member acknowledges their joint  and
several obligation for their period of membership. The board shall, on a
form promulgated by the chair, provide notice of the member's rights and
responsibilities  as a group self-insurer member, including the member's
assumption of joint and several liability, and  require  the  member  to
return  a  signed  copy  to the chair as a condition of membership. Such
membership shall not become effective until the  signed  copy  has  been
received by the board.
  (h)  Any  member  terminating membership in a group self-insurer after
less than four years in such group self-insurer, and  any  member  in  a
group self-insurer that has defaulted, shall be precluded from obtaining
prospective  coverage  from  any  group  self-insurer for a period of at
least three years from the effective date of termination.
  (a) If for any reason, the status of a group self-insurer  under  this
subdivision  is  terminated,  INCLUDING BY OPERATION OF LAW ON AND AFTER
JANUARY FIRST, TWO THOUSAND TWELVE, the securities or cash or the surety
bond on deposit referred to herein shall remain in the  custody  of  the
chair  for such time as the chair may deem proper and warranted. In lieu
thereof, and at the discretion of the chair, the group self-insurer, its
heirs or assigns or others carrying on or liquidating such  group  self-
insurer,  including  the  chair  on the group self-insurer's behalf, may
execute an assumption of workers' compensation liability insurance poli-
cy securing such further and future contingent liability  as  may  arise
from  prior  injuries to workers and be incurred by reason of any change

A. 4007--B                         19

in the condition of such workers warranting the board making  subsequent
awards for payment of additional compensation. Such policy shall be in a
form approved by the superintendent of insurance and issued by the state
fund  or any insurance company licensed to issue this class of insurance
in this state. In the event that such policy is issued by  an  insurance
company  other  than the state fund, then said policy shall be deemed of
the kind specified in paragraph fifteen of subsection (a) of section one
thousand one hundred thirteen of the insurance law and  covered  by  the
workers'  compensation  security fund as created and governed by article
six-A of this chapter. It shall only be issued  for  a  single  complete
premium  payment  in  advance by the group self-insurer and in an amount
deemed acceptable by the chair and the superintendent of  insurance.  In
lieu  of the applicable premium charge ordinarily required to be imposed
by a carrier, said premium shall include a surcharge in an amount to  be
determined by the chair to: (i) satisfy all assessment liability due and
owing to the board and/or the chair under this chapter; and (ii) satisfy
all future assessment liability under this section. Said surcharge shall
be  payable to the board simultaneous to the execution of the assumption
of  workers'  compensation  liability  insurance  policy.  However,  the
payment  of  said  surcharge does not relieve the carrier from any other
liability, including liability owed to the superintendent  of  insurance
pursuant to article six-A of this chapter. When issued such policy shall
be  noncancellable without recourse for any cause during the continuance
of the liability secured and so covered.
  (10)(A) A NON-MUNICIPAL GROUP OF EMPLOYERS MAY MAKE APPLICATION TO THE
CHAIR TO QUALIFY JOINTLY AS A SELF-INSURER, PROVIDED:
  (1) THE MEMBERS OF THE GROUP SECURE THE SERVICES OF AN  ADMINISTRATOR,
WHO SHALL CARRY OUT THE RESPONSIBILITIES OF SUCH AN ADMINISTRATOR AS SET
FORTH  IN  SUBDIVISION FIVE OF THIS SECTION, AND WHO SHALL BE SUBJECT TO
THE RESTRICTIONS AND PENALTIES APPLICABLE TO AN ADMINISTRATOR UNDER THIS
SECTION;
  (2) THE MEMBERS OF  THE  GROUP,  THROUGH  THE  ADMINISTRATOR,  JOINTLY
DEPOSIT  SUFFICIENT  SECURITIES  IN ACCORDANCE WITH SUBDIVISION THREE OF
THIS SECTION AS TO SECURE THE LIABILITY OF THE MEMBERS OF THE  GROUP  TO
PAY  COMPENSATION  FOR ALL EXISTING CLAIMS, PROVIDED THE INITIAL DEPOSIT
SHALL BE MADE BY NOVEMBER FIRST, TWO THOUSAND ELEVEN, AND JOINTLY DEPOS-
IT SUFFICIENT SECURITIES IN ACCORDANCE WITH SUBDIVISION  THREE  OF  THIS
SECTION  AS  TO  SECURE THE LIABILITY OF THE MEMBERS OF THE GROUP TO PAY
COMPENSATION FOR ANTICIPATED FUTURE LIABILITIES BY NOVEMBER  FIRST,  TWO
THOUSAND  FOURTEEN, PROVIDED ANNUAL DEPOSITS ARE MADE IN ACCORDANCE WITH
A SCHEDULE SET BY THE CHAIR ON OR BEFORE NOVEMBER FIRST OF EACH YEAR;
  (3) THE GROUP HAS BEEN AUTHORIZED  BY  THE  CHAIR  TO  SELF-INSURE  IN
ACCORDANCE  WITH  THIS  SUBDIVISION  PRIOR TO THE EFFECTIVE DATE OF THIS
PARAGRAPH;
  (4) THE GROUP'S MEMBERS FALL WITHIN A LIMITED NUMBER OF PAYROLL  CLAS-
SIFICATIONS,  AS SET BY THE CHAIR, AFTER GIVING DUE CONSIDERATION TO THE
RISKS ASSOCIATED WITH  ANY  GROUP  OF  EMPLOYERS  SELF-INSURING  OR  THE
PARTICIPANT  EMPLOYERS  ARE  PARTIES  TO  THE SAME COLLECTIVE BARGAINING
AGREEMENT;
  (5) THE GROUP WAS FULLY FUNDED FOR THREE  OUT  OF  THE  PREVIOUS  FIVE
YEARS,  AND AT LEAST NINETY PERCENT FUNDED FOR ONE OTHER YEAR, AS DETER-
MINED BY THE CHAIR FOLLOWING A FINANCIAL REVIEW, AND THE GROUP  SELF-IN-
SURER HAS SUFFICIENT FUNDS TO MEET ITS LIABILITIES;
  (6) THE GROUP HAS A SAFETY PROGRAM ACCEPTABLE TO THE CHAIR; AND
  (7) THE GROUP IS SUBJECT TO SUCH OTHER LIMITATIONS AND REQUIREMENTS OF
THIS  SUBDIVISION  UNLESS  WAIVED BY THE CHAIR AND TO REGULATIONS OF THE

A. 4007--B                         20

CHAIR. ANY FAILURE TO BE CURRENT  WITH  THE  SECURITY  DEPOSIT  REQUIRED
UNDER SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE SUFFICIENT GROUNDS FOR
REVOCATION OF THE GROUP'S AUTHORIZATION TO SELF-INSURANCE.
  (B)  THE MEMBERS OF ANY SUCH GROUP SHALL ENTER INTO AN AGREEMENT AMONG
THEMSELVES AND WITH THE GROUP'S ADMINISTRATOR WHICH SHALL, AT A MINIMUM:
  (1) INDICATE THAT EACH OF THE MEMBERS OF  THE  GROUP  IS  JOINTLY  AND
SEVERALLY LIABLE FOR ANY LIABILITIES OF THE GROUP; AND
  (2)  PROVIDE FOR THE COLLECTION OF ADDITIONAL FUNDS FROM GROUP MEMBERS
IN THE EVENT THE DEPOSIT WITH THE BOARD  IS  INSUFFICIENT  TO  MEET  THE
LIABILITIES OF THE GROUP.
  (11)  ANY  GROUP  SELF-INSURER  THAT HAS CEASED TO SELF-INSURE, OR HAS
CEASED TO SELF-INSURE ANY NEW LIABILITIES AFTER JANUARY FIRST, TWO THOU-
SAND TWELVE IN ACCORDANCE WITH PARAGRAPH TWO OF THIS SUBDIVISION,  SHALL
REMAIN  SUBJECT  TO ALL THE PROVISIONS OF THIS SUBDIVISION AND THE REGU-
LATIONS ISSUED PURSUANT THERETO AND ANY ASSESSMENTS PROVIDED FOR BY THIS
SECTION UNTIL SUCH TIME AS THE GROUP SELF-INSURER  NO  LONGER  POSSESSES
ANY LIABILITIES.
  (12)  ANY  NON-MUNICIPAL  GROUP OF EMPLOYERS AUTHORIZED TO SELF-INSURE
UNDER PARAGRAPH TEN OF THIS SUBDIVISION ON OR AFTER JANUARY  FIRST,  TWO
THOUSAND TWELVE SHALL BE DEEMED A "PRIVATE SELF-INSURER" FOR PURPOSES OF
THE  ASSESSMENTS SET FORTH IN SECTIONS FIFTEEN AND ONE HUNDRED FIFTY-ONE
OF THIS CHAPTER.
  S 6. Subparagraph 2 of paragraph b of subdivision 5 of section  50  of
the workers' compensation law is REPEALED.
  S  7.  Paragraph (a) of subdivision 4 of section 141-a of the workers'
compensation law, as added by chapter 6 of the laws of 2007, is  amended
to read as follows:
  (a)  Whenever the chair determines that an employer who is required to
secure compensation in accordance with this chapter has failed to secure
such compensation, or where an employer  has  failed  to  pay  penalties
assessed  against  it pursuant to this chapter, OR FAILED TO PAY A JUDG-
MENT UNDER SECTION TWENTY-SIX OF THIS CHAPTER WITHIN NINETY  DAYS  AFTER
NOTICE  TO THE EMPLOYER AND HAS NOT MOVED TO MODIFY OR VACATE SUCH JUDG-
MENT, such failure shall be deemed an immediate serious danger to public
health, safety, or welfare sufficient to justify service by the chair of
a stop-work order on the employer, requiring the cessation of all  busi-
ness operations effective immediately, except where the employer's fail-
ure  concerns  only  domestic  or  child  care workers in his or her own
household. The chair may issue such order, which shall take effect as to
a particular employer worksite when served at that worksite,  or  as  to
all  employer  worksites  in  the state for which the employer is not in
compliance when served on the employer. A stop-work order may be  served
with regard to an employer's worksite by posting a copy of the stop-work
order  in a conspicuous location at the worksite. The order shall remain
in effect until the chair directs that the stop-work order  be  removed,
upon a determination that the employer has come into compliance with the
coverage  requirements of this chapter and has paid any penalty assessed
under this chapter. If the  employer  shall  within  thirty  days  after
notice  of the stop-work order make an application in affidavit form for
a redetermination review of such order the chair shall make  a  decision
in  writing  on  the  issues  raised  in such application. The chair may
direct a conditional release from a stop-work order upon a finding  that
the employer has complied with coverage requirements of this chapter and
has  agreed  to  remit  periodic  payments  of the penalty pursuant to a
payment agreement schedule with the chair. If an agreement or  order  of
conditional  release is issued, failure by the employer to meet any term

A. 4007--B                         21

or condition of such payment agreement shall  result  in  the  immediate
reinstatement  of  the  stop-work order and the entire unpaid balance of
the penalty shall become immediately  due.  The  chair  may  require  an
employer  who  is  found  to  have  failed  to  comply with the coverage
requirements of this chapter to file with the board, as a  condition  of
release  from  a  stop-work  order,  periodic reports for a probationary
period that shall not exceed two years, and that demonstrate the employ-
er's continued compliance with this chapter. The  board  shall  by  rule
specify the reports required and the time for filing under this subdivi-
sion.
  S  8.  Paragraphs  (b)  and (c) of subdivision 2 of section 151 of the
workers' compensation law, paragraph (b) as amended by section 2 of part
QQ of chapter 56 of the laws of 2009 and paragraph  (c)  as  amended  by
chapter 6 of the laws of 2007, are amended to read as follows:
  (b) An itemized statement of the expenses so ascertained shall be open
to  public  inspection  in the office of the board for thirty days after
notice to the state insurance fund, all insurance carriers and all self-
insurers [including group self-insurers] affected  thereby,  before  the
board shall make an assessment for such expenses. The chair shall assess
upon  and  collect a proportion of such expenses as hereinafter provided
from each insurance carrier, the state insurance fund and each  self-in-
surer  [including group self-insurers]. The assessment for such expenses
shall be allocated to (i) self-insurers [except group self-insurers] and
the state insurance fund  based  upon  the  proportion  that  the  total
compensation  payments  made by all self-insurers [except group self-in-
surers] and the state insurance fund in such  year  bore  to  the  total
compensation  payments  made by all self-insurers [except group self-in-
surers], the state insurance fund, AND all insurance carriers [and group
self-insurers] and (ii) insurance carriers  based  upon  the  proportion
that  the  total compensation payments made by all insurance carriers in
such year bore to the total compensation payments by all  self-insurers,
the  state  insurance  fund and all insurance carriers[, and (iii) group
self-insurers based upon the  proportion  that  the  total  compensation
payments  made by all group self-insurers in such year bore to the total
compensation payments made by all  self-insurers,  the  state  insurance
fund and all insurance carriers]. The portion of the assessment for such
expenses allocated to self-insurers [except group self-insurers] and the
state  insurance  fund  that  shall  be collected from each self-insurer
[except group self-insurers] and the state insurance fund shall be a sum
equal to the proportion of  the  amount  which  the  total  compensation
payments  of each such self-insurer [except a group self-insurer] or the
state insurance fund  in  such  year  bore  to  the  total  compensation
payments  made by all self-insurers [except group self-insurers] and the
state insurance fund. The portion of the assessment  for  such  expenses
allocated  to  insurance carriers that shall be collected from each such
insurance carrier shall be a sum equal to that proportion of the  amount
which  the total standard premium by each such insurance carrier bore to
the total standard premium reported by all insurance  carriers  for  the
calendar  year  which  ended with the state fiscal year. [The portion of
such sum allocated to group self-insurers that shall be  collected  from
each  group  self-insurer shall be a sum equal to that proportion of the
amount which the pure premium calculation for each such  group  self-in-
surer  bore to the total pure premium calculation for all group self-in-
surers for the calendar year which ended within the state fiscal  year.]
The  amounts so secured shall be used for the payment of the expenses of
administering this chapter.  [Pure premium for assessments against indi-

A. 4007--B                         22

vidual and group self-insurers who ceased to self-insure shall be  based
on  payroll  at the time the individual or group self-insurer has ceased
to self-insure, reduced by a factor  reflecting  the  reduction  in  the
group  or  individual  self-insurer's  self-insurance  liabilities since
ceasing to self-insure.]
  For purposes of this paragraph,  "standard  premium"  shall  mean  the
premium  as  defined  for  the purposes of this assessment by the super-
intendent of insurance, in consultation with the chair of the board  and
the  workers' compensation rating board. [For purposes of this paragraph
"pure premium calculation" means the New York state annual payroll as of
December thirty-first of the preceding  year  by  class  code  for  each
employer  member  of  a  group self-insurer multiplied by the applicable
rate for each class code as  determined  by  the  workers'  compensation
rating  board in effect on December thirty-first of the preceding year.]
The amounts so secured shall be used for the payment of the expenses  of
administering this chapter.
  For the purposes of this paragraph, the term "insurance carrier" shall
include  only  stock  corporations,  mutual  corporations and reciprocal
insurers authorized to transact the business  of  workers'  compensation
insurance  in  this  state and the term "self-insurer" shall include any
employer or group of employers permitted to  pay  compensation  directly
under  the  provisions  of subdivision three, three-a or four of section
fifty of this chapter.  FOR THE PURPOSES OF THIS SECTION, A "SELF-INSUR-
ER" SHALL BE: (I) AN EMPLOYER AUTHORIZED TO SELF-INSURE  UNDER  SUBDIVI-
SION THREE OF SECTION FIFTY OF THIS CHAPTER, OR ACTIVE GROUPS AUTHORIZED
PURSUANT  TO  SUBDIVISION  THREE-A  OF  SECTION FIFTY OF THIS CHAPTER, A
GROUP OF EMPLOYERS AUTHORIZED TO  SELF-INSURE  UNDER  PARAGRAPH  TEN  OF
SUBDIVISION  THREE-A  OF SECTION FIFTY OF THIS CHAPTER; OR (II) A PUBLIC
EMPLOYER AS SET FORTH IN PARAGRAPH A  OF  SUBDIVISION  FOUR  OF  SECTION
FIFTY OF THIS CHAPTER AUTHORIZED TO SELF-INSURE UNDER SUBDIVISION THREE,
THREE-A OR FOUR OF SECTION FIFTY OR ARTICLE FIVE OF THIS CHAPTER, WHETH-
ER INDIVIDUALLY OR AS A GROUP.
  (c) Assessments for the special disability fund, the fund for reopened
cases  and for the operations of the board shall not constitute elements
of loss but shall for collection purposes be treated as  separate  costs
by  carriers.  [All  group  self-insurers shall collect such assessments
from their employer members in a fair and equitable manner.] All  insur-
ance  carriers,  including  the state insurance fund, shall collect such
assessments from their policyholders through a surcharge based on premi-
um in accordance with rules set forth by the New York  workers'  compen-
sation  rating  board,  as  approved by the superintendent of insurance.
Such surcharge shall be considered  as  part  of  premium  for  purposes
prescribed  by law including, but not limited to, computing premium tax,
reporting to the superintendent of insurance pursuant to  section  nine-
ty-nine of this chapter and section three hundred seven of the insurance
law,  determining  the limitation of expenditures for the administration
of the state insurance fund pursuant to  section  eighty-eight  of  this
chapter  and  the  cancellation  by  an insurance carrier, including the
state insurance fund, of a policy for non-payment of premium.
  S 9. This act shall take effect immediately;  provided  that  sections
one  and  seven  of this act shall take effect January 1, 2011 and shall
apply to any assessment cycle beginning on or after such date;  provided
further,  that  in  the  event  that  the  total  amount  of assessments
collected by the chair of the workers' compensation board by May 1, 2011
pursuant to subparagraph 4 of paragraph (h) of subdivision 8 of  section
15  of  the  workers' compensation law as amended by section one of this

A. 4007--B                         23

act do not equal at least one hundred ten percent of  the  debt  service
assessment,  as defined in such provision of law, the chair of the work-
ers' compensation board shall, not later  than  June  1,  2011,  and  in
accordance  with  the  provisions  of subparagraph 4 of paragraph (h) of
subdivision 8 of section 15 of the workers' compensation law, as amended
by section one of this act, assess and collect a supplemental assessment
in an amount equal to the amount that would have  been  due  from  group
self-insurers  in  2011  had  this  act  not  taken effect, and that the
provisions of subparagraph 4  of  paragraph  (h)  of  subdivision  8  of
section  15 of the workers' compensation law shall apply to such supple-
mental assessment in all respects except for the date and amount of such
special assessment and that such special assessment shall be  deemed  an
assessment  pursuant to subparagraph 4 of paragraph (h) of subdivision 8
of section 15 of the workers' compensation law for all purposes.

                                 PART H

  Section 1. Paragraph (f) of subdivision 1 of section 169 of the execu-
tive law, as separately amended by section 11 of part A-1 and section 10
of part O of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  (f) executive director of adirondack park agency, commissioners of the
state  liquor  authority,  [commissioners  of  the  state  civil service
commission,] members of state commission of correction, members of unem-
ployment insurance appeal board, and members  of  the  workers'  compen-
sation board.
  S  2. Paragraph (a) of subdivision 2 of section 5 of the civil service
law, as amended by chapter 248 of the laws of 1960, is amended  to  read
as follows:
  (a)  Appointment.  The state civil service commission is continued and
shall consist of three commissioners  who  shall  be  appointed  by  the
governor,  by  and  with  the advice and consent of the senate, not more
than two of whom shall be adherents of the  same  political  party.  The
governor  shall  designate  one  of  the members of the commission to be
president of the commission and such member shall serve in the  capacity
of  president during the pleasure of the governor. The members shall not
hold any other public office or public employment for which  they  shall
receive  compensation  other  than  necessary  travel and other expenses
incurred in the performance of  the  duties  of  such  other  office  or
employment,  or engage in private employment or in a profession or busi-
ness which interferes with the performance of their duties  or  requires
their  disqualification from the performance of such duties because of a
conflict of interests caused thereby.  THE COMMISSIONERS OTHER THAN  THE
PRESIDENT  OF  THE  COMMISSION  SHALL,  WHEN  PERFORMING THE WORK OF THE
COMMISSION, BE COMPENSATED AT THE RATE OF TWO HUNDRED FIFTY DOLLARS  PER
DAY,  TOGETHER  WITH  AN  ALLOWANCE  FOR  ACTUAL  AND NECESSARY EXPENSES
INCURRED IN THE DISCHARGE OF THEIR DUTIES HEREUNDER.  THE  PRESIDENT  OF
THE COMMISSION SHALL RECEIVE AN ANNUAL SALARY ESTABLISHED IN SECTION ONE
HUNDRED  SIXTY-NINE  OF  THE  EXECUTIVE LAW. No member shall serve as an
officer of any political party or political organization  or  engage  in
partisan political activities.
  S  3.  This  act  shall  take  effect  immediately, and shall apply to
current members of the civil service commission.

                                 PART I

A. 4007--B                         24

  Section 1. Clause 2 of subparagraph (viii) of paragraph a of  subdivi-
sion  10 of section 54 of the state finance law, as amended by section 1
of part Z of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  (2)  for  the  state  fiscal year commencing April first, two thousand
eight and in each state fiscal year thereafter,  the  base  level  grant
received  in  the  immediately  preceding  state fiscal year pursuant to
paragraph b of this subdivision AND CHAPTER THREE  HUNDRED  THIRTEEN  OF
THE LAWS OF TWO THOUSAND TEN, excluding any deficit reduction adjustment
pursuant  to  paragraph  e-1  of  this  subdivision, plus any additional
apportionments received in such year pursuant to  paragraph  d  of  this
subdivision  and any per capita adjustments received in such year pursu-
ant to paragraph e of this subdivision [plus any additional aid received
in such year pursuant to paragraph p of this subdivision].
  S 2. Paragraph b of subdivision 10 of section 54 of the state  finance
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  NOTWITHSTANDING  SUBPARAGRAPH  (I)  OF  THIS  PARAGRAPH,  WITHIN
AMOUNTS APPROPRIATED IN THE STATE FISCAL YEAR  COMMENCING  APRIL  FIRST,
TWO THOUSAND ELEVEN, THERE SHALL BE APPORTIONED AND PAID TO EACH MUNICI-
PALITY  A  BASE  LEVEL  GRANT  IN  AN AMOUNT EQUAL TO THE PRIOR YEAR AID
RECEIVED BY SUCH MUNICIPALITY MINUS A BASE LEVEL GRANT ADJUSTMENT  EQUAL
TO TWO PERCENT OF SUCH PRIOR YEAR AID.
  S  3. Paragraph i of subdivision 10 of section 54 of the state finance
law is amended by adding a new subparagraph (viii) to read as follows:
  (VIII) NOTWITHSTANDING SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH,  IN  THE
STATE  FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN, THE BASE
LEVEL GRANT ADJUSTMENT PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH  B  OF
THIS SUBDIVISION SHALL BE MADE ON OR BEFORE SEPTEMBER TWENTY-FIFTH FOR A
TOWN OR VILLAGE, ON OR BEFORE DECEMBER FIFTEENTH FOR A CITY WHOSE FISCAL
YEAR  BEGINS  JANUARY FIRST, AND ON OR BEFORE MARCH FIFTEENTH FOR A CITY
WHOSE FISCAL YEAR DOES NOT BEGIN JANUARY FIRST.
  S 4. Paragraph j of subdivision 10 of section 54 of the state  finance
law,  as  amended  by  section  4 of part Z of chapter 56 of the laws of
2010, is amended to read as follows:
  j. Special aid and incentives for municipalities to the  city  of  New
York.  In  the  state  fiscal  year commencing April first, two thousand
seven a city with a population of one  million  or  more  shall  receive
twenty  million  dollars  on  or before December fifteenth. In the state
fiscal year commencing April first, two thousand eight, a  city  with  a
population  of  one million or more shall receive two hundred forty-five
million nine  hundred  forty-four  thousand  eight  hundred  thirty-four
dollars  payable  on  or  before December fifteenth. In the state fiscal
[years] YEAR commencing April first, two thousand nine [and April first,
two thousand eleven, and in each state fiscal year thereafter],  a  city
with a population of one million or more shall receive three hundred one
million  six  hundred  fifty-eight  thousand  four  hundred  ninety-five
dollars payable on or before December fifteenth. Special aid and  incen-
tives  for  municipalities  to the city of New York shall be apportioned
and paid as required as follows:
  (i)  Any  amounts  required  to  be  paid  to  the   city   university
construction fund pursuant to the city university construction fund act;
  (ii)  Any  amounts  required  to  be paid to the New York city housing
development corporation pursuant to the New York city  housing  develop-
ment corporation act;

A. 4007--B                         25

  (iii) Five hundred thousand dollars to the chief fiscal officer of the
city  of New York for payment to the trustees of the police pension fund
of such city;
  (iv)  Eighty  million dollars to the special account for the municipal
assistance corporation for the city of New York in the municipal assist-
ance tax fund created pursuant to section ninety-two-d of  this  chapter
to  the  extent  that  such  amount  has  been included by the municipal
assistance corporation for the city of New York in any  computation  for
the  issuance  of bonds on a parity with outstanding bonds pursuant to a
contract with the holders of such bonds prior to  the  issuance  of  any
other  bonds  secured  by  payments from the municipal assistance corpo-
ration for the city of New York in the municipal  assistance  state  aid
fund created pursuant to section ninety-two-e of this chapter;
  (v)  The  balance  of the special account for the municipal assistance
corporation for the city of New York in the municipal  assistance  state
aid fund created pursuant to section ninety-two-e of this chapter;
  (vi)  Any  amounts  to be refunded to the general fund of the state of
New York pursuant to the annual appropriation enacted for the  municipal
assistance state aid fund;
  (vii)  To  the  state  of  New  York municipal bond bank agency to the
extent provided by section twenty-four hundred thirty-six of the  public
authorities law; and
  (viii)  To  the  transit  construction  fund to the extent provided by
section twelve hundred twenty-five-i of the public authorities law,  and
thereafter to the city of New York.
Notwithstanding  any  other  law to the contrary, the amount paid to any
city with a population of one million or  more  on  or  before  December
fifteenth  shall  be  for  an  entitlement period ending the immediately
preceding June thirtieth.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART J

  Section  1.  Paragraph b of subdivision 2 of section 54-1 of the state
finance law, as amended by section 1 of part AA of  chapter  56  of  the
laws of 2010, is amended to read as follows:
  b.  Eligible  municipalities  shall  receive: (i) for the state fiscal
years commencing April first, two thousand seven and  April  first,  two
thousand  eight, a share of three and one-half percent of the "estimated
net machine income" generated by a video lottery gaming facility located
within such eligible municipality as follows:  (1)  twenty-five  percent
shall  be  apportioned  and  paid  to  the  county; and (2) seventy-five
percent shall be apportioned and paid on a pro rata  basis  to  eligible
municipalities, other than the county, based upon the population of such
eligible  municipalities.  Such state aid payment shall not exceed twen-
ty-five percent of an  eligible  municipality's  total  expenditures  as
reported  in  the statistical report of the comptroller in the preceding
state fiscal year pursuant to section thirty-seven of the general munic-
ipal law; (ii) for the state fiscal year  commencing  April  first,  two
thousand  nine:  (1)  for an eligible municipality which is located in a
county that has a poverty rate equal to  or  greater  than  seventy-five
percent of the New York state poverty rate, an amount equal to the state
aid  payment  received  in the state fiscal year commencing April first,
two thousand eight; and  (2)  for  an  eligible  municipality  which  is
located  in  a  county  that  has  a poverty rate less than seventy-five

A. 4007--B                         26

percent of the New York state poverty rate, an  amount  equal  to  fifty
percent  of  the  state  aid  payment  received in the state fiscal year
commencing April first, two thousand eight;  and  (iii)  for  the  state
fiscal year commencing April first, two thousand ten [and for each state
fiscal  year thereafter], an amount equal to ninety percent of the state
aid payment received in the state fiscal year  commencing  April  first,
two thousand nine.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.

                                 PART K

  Section 1. The paragraph heading of paragraph o of subdivision  10  of
section  54 of the state finance law, as added by section 7 of part O of
chapter 56 of the laws of 2008, is amended to read as follows:
  Local government efficiency  grant  program  beginning  in  the  state
fiscal  year  commencing  April first, two thousand eight AND CONTINUING
UNTIL THE END OF THE STATE FISCAL YEAR COMMENCING APRIL FIRST, TWO THOU-
SAND TEN.
  S 2.  Paragraph p of subdivision 10 of section 54 of the state finance
law, as amended by section 6 of part GG of chapter 56  of  the  laws  of
2009, is amended to read as follows:
  p.  [Local government efficiency grant program municipal merger incen-
tives] CITIZEN EMPOWERMENT TAX CREDIT.   (I) For the  purposes  of  this
paragraph,  "municipalities"  shall  mean  cities with a population less
than one million, towns and villages.
  (II) Within the annual amounts appropriated therefor, surviving  muni-
cipalities  following a [merger,] consolidation or dissolution occurring
on or after the state fiscal year commencing April first,  two  thousand
seven  [may]  SHALL  be  awarded  additional ANNUAL aid, STARTING in the
state fiscal year following THE STATE FISCAL YEAR IN WHICH  such  [merg-
er,]  consolidation or dissolution TOOK EFFECT, equal to fifteen percent
of the combined amount of real property taxes levied by all of the muni-
cipalities participating in the [merger,] consolidation  or  dissolution
in  the  local  fiscal year prior to the local fiscal year in which such
[merger,] consolidation or dissolution took effect. In instances of  the
dissolution  of a village located in more than one town, such additional
aid shall equal the sum of fifteen percent of the  real  property  taxes
levied  by  such village in the village fiscal year prior to the village
fiscal year in which such dissolution took effect plus  fifteen  percent
of  the  average  amount  of  real property taxes levied by the towns in
which the village was located in the town fiscal year prior to the  town
fiscal  year in which such dissolution took effect, and shall be divided
among such towns based on the percentage of  such  village's  population
that  resided  in each such town as of the most recent federal decennial
census. IN NO CASE SHALL THE ADDITIONAL AID PURSUANT TO  THIS  PARAGRAPH
EXCEED ONE MILLION DOLLARS. Such additional aid shall be apportioned and
paid to the chief fiscal officer of each [consolidated or merged] ELIGI-
BLE  municipality ON OR BEFORE SEPTEMBER TWENTY-FIFTH OF EACH SUCH STATE
FISCAL YEAR on audit and warrant of the state comptroller out of  moneys
appropriated  by  the  legislature for such purpose to the credit of the
local assistance fund [in the general fund of the state treasury in  the
same  "on  or  before  month  and day" manner as the municipality's base
level grant is paid pursuant to subparagraph (i) of paragraph i of  this
subdivision].

A. 4007--B                         27

  (III)  Any  municipality  receiving a [merger incentive award] CITIZEN
EMPOWERMENT TAX CREDIT pursuant to this paragraph  shall  use  AT  LEAST
FIFTY PERCENT OF such aid [only] FOR PROPERTY TAX RELIEF AND THE BALANCE
OF  SUCH AID for general municipal purposes. [In no case shall the addi-
tional  aid  pursuant to this paragraph exceed one million dollars. Such
additional aid shall in subsequent  state  fiscal  years  be  considered
prior year aid for the purposes of determining such merged, consolidated
or  surviving municipality's base level grant pursuant to paragraph b of
this subdivision.] FOR EACH LOCAL FISCAL YEAR  FOLLOWING  THE  EFFECTIVE
DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED
THIS PARAGRAPH IN WHICH SUCH AID IS PAYABLE, A STATEMENT SHALL BE PLACED
ON EACH PROPERTY TAX BILL FOR SUCH  MUNICIPALITY  IN  SUBSTANTIALLY  THE
FOLLOWING  FORM: "YOUR PROPERTY TAX SAVINGS THIS YEAR RESULTING FROM THE
STATE CITIZEN EMPOWERMENT TAX CREDIT RECEIVED AS  THE  RESULT  OF  LOCAL
GOVERNMENT  RE-ORGANIZATION  IS  $______." THE PROPERTY TAX SAVINGS FROM
THE CITIZEN EMPOWERMENT TAX CREDIT FOR EACH PROPERTY TAX BILL  SHALL  BE
CALCULATED  BY (1) MULTIPLYING THE AMOUNT OF THE CITIZEN EMPOWERMENT TAX
CREDIT USED FOR PROPERTY TAX RELIEF BY  THE  AMOUNT  OF  PROPERTY  TAXES
LEVIED ON SUCH PROPERTY BY SUCH MUNICIPALITY AND (2) DIVIDING THE RESULT
BY THE TOTAL AMOUNT OF PROPERTY TAXES LEVIED BY SUCH MUNICIPALITY.
  S  3. Paragraph q of subdivision 10 of section 54 of the state finance
law is relettered paragraph t and three new paragraphs q, r  and  s  are
added to read follows:
  Q.   LOCAL   GOVERNMENT  CITIZENS  RE-ORGANIZATION  EMPOWERMENT  GRANT
PROGRAM. (I) (1) FOR THE PURPOSES OF THIS PARAGRAPH,  "LOCAL  GOVERNMENT
ENTITY"  OR  "ENTITY"  SHALL  MEAN  A  TOWN,  VILLAGE, DISTRICT, SPECIAL
IMPROVEMENT DISTRICT OR OTHER IMPROVEMENT DISTRICT, INCLUDING,  BUT  NOT
LIMITED  TO,  SPECIAL  DISTRICTS  CREATED  PURSUANT  TO ARTICLES ELEVEN,
TWELVE, TWELVE-A OR THIRTEEN OF THE TOWN  LAW,  LIBRARY  DISTRICTS,  AND
OTHER  DISTRICTS CREATED BY LAW; PROVIDED, HOWEVER, THAT A LOCAL GOVERN-
MENT ENTITY SHALL  NOT  INCLUDE  SCHOOL  DISTRICTS,  CITY  DISTRICTS  OR
SPECIAL PURPOSE DISTRICTS CREATED BY COUNTIES UNDER COUNTY LAW.
  (2) FOR THE PURPOSES OF THIS PARAGRAPH, "LOCAL GOVERNMENT RE-ORGANIZA-
TION"  SHALL MEAN THE CONSOLIDATION OR DISSOLUTION OF A LOCAL GOVERNMENT
ENTITY IN ACCORDANCE WITH ARTICLE SEVENTEEN-A OF THE  GENERAL  MUNICIPAL
LAW.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD GRANTS TO LOCAL GOVERNMENT ENTITIES TO COVER COSTS ASSO-
CIATED  WITH STUDIES, PLANS, AND IMPLEMENTATION EFFORTS RELATED TO LOCAL
GOVERNMENT RE-ORGANIZATION ACTIVITIES.
  (III) STUDY PROJECTS SHALL INCLUDE AN  EXAMINATION  OF  THE  POTENTIAL
FINANCIAL SAVINGS, MANAGEMENT IMPROVEMENTS, AND SERVICE DELIVERY CHANGES
RESULTING  FROM  A  LOCAL GOVERNMENT RE-ORGANIZATION, AS WELL AS OPTIONS
FOR COST-SAVINGS IF THE RE-ORGANIZATION IS NOT COMPLETED.
  (IV) LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANTS  MAY
BE USED TO COVER COSTS INCLUDING, BUT NOT LIMITED TO, LEGAL AND CONSULT-
ANT  SERVICES,  CAPITAL  IMPROVEMENTS,  TRANSITIONAL PERSONNEL COSTS AND
OTHER NECESSARY EXPENSES RELATED TO RE-ORGANIZATION  ANALYSIS,  PLANNING
AND IMPLEMENTATION. GRANTS MAY BE USED FOR CAPITAL IMPROVEMENTS, TRANSI-
TIONAL  PERSONNEL  COSTS  OR  JOINT  EQUIPMENT PURCHASES ONLY WHERE SUCH
EXPENSES ARE INTEGRAL TO IMPLEMENTATION OF THE RE-ORGANIZATION. NO  PART
OF  THE GRANT SHALL BE USED BY THE APPLICANT FOR RECURRING EXPENSES SUCH
AS SALARIES, EXCEPT THAT THE SALARIES OF CERTAIN TRANSITIONAL  PERSONNEL
ESSENTIAL  FOR THE IMPLEMENTATION OF THE RE-ORGANIZATION SHALL BE ELIGI-
BLE FOR A PERIOD NOT TO EXCEED THREE YEARS.

A. 4007--B                         28

  (V) WHERE THE ELECTORS OF A LOCAL GOVERNMENT ENTITY HAVE FILED A PETI-
TION PURSUANT TO ARTICLE SEVENTEEN-A OF THE GENERAL MUNICIPAL  LAW  THAT
WILL  REQUIRE  A  REFERENDUM ON THE QUESTION OF CONSOLIDATION OR DISSOL-
UTION OF THE LOCAL GOVERNMENT ENTITY, SUCH LOCAL GOVERNMENT ENTITY  WILL
BE  ELIGIBLE  FOR  AN EXPEDITED GRANT TO COVER COSTS ASSOCIATED WITH THE
DEVELOPMENT AND DISSEMINATION TO THE ELECTORS OF INFORMATION RELATED  TO
THE  RE-ORGANIZATION  QUESTION  BEFORE SUCH REFERENDUM. THE SECRETARY OF
STATE SHALL DEVELOP PROCESSES THAT WILL PERMIT EXPEDITED  FINANCIAL  AND
TECHNICAL  ASSISTANCE  TO  SUCH LOCAL GOVERNMENT ENTITIES, INCLUDING BUT
NOT LIMITED TO PRE-QUALIFIED CONSULTANTS,  DIRECT  TECHNICAL  ASSISTANCE
FROM PROGRAM STAFF AND PRE-ESTABLISHED WORK PLANS.
  (VI)  THE MAXIMUM CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT RE-OR-
GANIZATION SHALL NOT  EXCEED  ONE  HUNDRED  THOUSAND  DOLLARS.  A  LOCAL
GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT GRANT FOR A RE-ORGANIZA-
TION  STUDY SHALL IN NO EVENT EXCEED FIFTY THOUSAND DOLLARS PER APPLICA-
TION, OF WHICH UP TO TWENTY-FIVE THOUSAND DOLLARS MAY BE AWARDED  ON  AN
EXPEDITED BASIS. A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT  FOR THE PLANNING OR IMPLEMENTATION OF A RE-ORGANIZATION SHALL NOT
EXCEED FIFTY THOUSAND DOLLARS. IN NO EVENT SHALL  THE  CUMULATIVE  GRANT
AWARDS  FOR  A LOCAL GOVERNMENT RE-ORGANIZATION EXCEED ONE HUNDRED THOU-
SAND DOLLARS.
  (VII) MATCHING FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF  ACTIV-
ITIES  UNDER  THE  GRANT  WORK  PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL BE REQUIRED.
  R. LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM BEGINNING  IN  THE  STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND ELEVEN. (I) (1) FOR THE
PURPOSES  OF  THIS  PARAGRAPH, "MUNICIPALITY" SHALL MEAN A COUNTY, CITY,
TOWN, VILLAGE,  SPECIAL  IMPROVEMENT  DISTRICT,  FIRE  DISTRICT,  PUBLIC
LIBRARY, ASSOCIATION LIBRARY, WATER AUTHORITY, SEWER AUTHORITY, REGIONAL
PLANNING AND DEVELOPMENT BOARD, SCHOOL DISTRICT, OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES;  PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF THIS
DEFINITION, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE CONSID-
ERED A MUNICIPALITY ONLY IN INSTANCES WHERE SUCH  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  ADVANCES  A JOINT APPLICATION ON BEHALF OF SCHOOL
DISTRICTS AND OTHER  MUNICIPALITIES  WITHIN  THE  BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES REGION; PROVIDED, HOWEVER, THAT ANY AGREEMENTS WITH
A  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES: SHALL NOT GENERATE ADDI-
TIONAL STATE AID; SHALL BE DEEMED NOT TO BE A PART OF THE PROGRAM, CAPI-
TAL AND ADMINISTRATIVE BUDGETS OF THE BOARD OF  COOPERATIVE  EDUCATIONAL
SERVICES  FOR  THE  PURPOSES  OF COMPUTING CHARGES UPON COMPONENT SCHOOL
DISTRICTS PURSUANT TO SUBDIVISION ONE AND SUBPARAGRAPH  SEVEN  OF  PARA-
GRAPH B OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY AND SUBDI-
VISION  ONE  OF SECTION NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW;
AND SHALL BE DEEMED TO BE A COOPERATIVE MUNICIPAL SERVICE  FOR  PURPOSES
OF  SUBPARAGRAPH TWO OF PARAGRAPH D OF SUBDIVISION FOUR OF SECTION NINE-
TEEN HUNDRED FIFTY OF THE EDUCATION LAW.
  (2) FOR THE PURPOSES OF  THIS  PARAGRAPH,  "FUNCTIONAL  CONSOLIDATION"
SHALL  MEAN  ONE MUNICIPALITY COMPLETELY PROVIDING A SERVICE OR FUNCTION
FOR ANOTHER MUNICIPALITY, WHICH NO LONGER PROVIDES SUCH SERVICE OR FUNC-
TION.
  (II) WITHIN THE ANNUAL AMOUNTS APPROPRIATED THEREFOR, THE SECRETARY OF
STATE MAY AWARD COMPETITIVE GRANTS  TO  MUNICIPALITIES  TO  COVER  COSTS
ASSOCIATED WITH LOCAL GOVERNMENT EFFICIENCY PROJECTS, INCLUDING, BUT NOT
LIMITED  TO, PLANNING FOR OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION
OR DISSOLUTION, A FUNCTIONAL CONSOLIDATION, A  CITY  OR  COUNTY  CHARTER
REVISION  THAT  INCLUDES FUNCTIONAL CONSOLIDATION, SHARED OR COOPERATIVE

A. 4007--B                         29

SERVICES, AND REGIONALIZED DELIVERY OF SERVICES; PROVIDED, HOWEVER, THAT
SUCH LOCAL GOVERNMENT EFFICIENCY PROJECTS MUST DEMONSTRATE NEW  OPPORTU-
NITIES  FOR  FINANCIAL  SAVINGS  AND OPERATIONAL EFFICIENCIES; PROVIDED,
FURTHER,  THAT  ELIGIBLE  LOCAL GOVERNMENT EFFICIENCY PROJECTS SHALL NOT
INCLUDE STUDIES AND PLANS FOR A LOCAL GOVERNMENT RE-ORGANIZATION  ELIGI-
BLE  TO  RECEIVE A LOCAL GOVERNMENT CITIZENS RE-ORGANIZATION EMPOWERMENT
GRANT PURSUANT TO PARAGRAPH Q OF  THIS  SUBDIVISION.  THE  SECRETARY  OF
STATE  MAY  FOCUS THE GRANT PROGRAM IN SPECIFIC FUNCTIONAL AREAS, WITHIN
DISTRESSED COMMUNITIES AND AREAS OF HISTORICALLY HIGH  LOCAL  GOVERNMENT
COSTS  AND  PROPERTY  TAXES, OR IN AREAS OF UNIQUE OPPORTUNITY, IN WHICH
CASE SUCH AREAS OF FOCUS SHALL BE DETAILED IN  A  REQUEST  FOR  APPLICA-
TIONS.
  (III)  ANY  APPROVED PROJECT SHALL INCLUDE AN EXAMINATION OF FINANCIAL
SAVINGS, RETURN ON PUBLIC INVESTMENT AND MANAGEMENT IMPROVEMENTS RESULT-
ING FROM PROJECT IMPLEMENTATION.
  (IV) LOCAL GOVERNMENT EFFICIENCY GRANTS MAY BE  USED  TO  COVER  COSTS
INCLUDING,  BUT  NOT  LIMITED TO, LEGAL AND CONSULTANT SERVICES, CAPITAL
IMPROVEMENTS, TRANSITIONAL PERSONNEL COSTS AND OTHER NECESSARY  EXPENSES
RELATED  TO  IMPLEMENTING THE APPROVED LOCAL GOVERNMENT EFFICIENCY GRANT
WORK PLAN. GRANTS MAY BE USED  FOR  CAPITAL  IMPROVEMENTS,  TRANSITIONAL
PERSONNEL  COSTS  OR  JOINT EQUIPMENT PURCHASES ONLY WHERE SUCH EXPENSES
ARE INTEGRAL  TO  IMPLEMENTATION  OF  THE  LOCAL  GOVERNMENT  EFFICIENCY
PROJECT.  NO PART OF THE GRANT SHALL BE USED BY THE APPLICANT FOR RECUR-
RING EXPENSES SUCH AS SALARIES, EXCEPT  THAT  THE  SALARIES  OF  CERTAIN
TRANSITIONAL  PERSONNEL ESSENTIAL FOR THE IMPLEMENTATION OF THE APPROVED
LOCAL GOVERNMENT EFFICIENCY GRANT WORK PLAN  SHALL  BE  ELIGIBLE  FOR  A
PERIOD  NOT  TO  EXCEED  THREE  YEARS.  THE  AMOUNTS AWARDED TO A SCHOOL
DISTRICT PURSUANT TO THIS SUBPARAGRAPH SHALL  NOT  BE  INCLUDED  IN  THE
APPROVED  OPERATING  EXPENSE  OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
GRAPH T OF SUBDIVISION ONE OF SECTION  THIRTY-SIX  HUNDRED  TWO  OF  THE
EDUCATION LAW.
  (V)  THE  MAXIMUM  CUMULATIVE GRANT AWARD FOR A LOCAL GOVERNMENT EFFI-
CIENCY PROJECT SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER MUNICI-
PALITY; PROVIDED, HOWEVER, THAT IN NO CASE SHALL SUCH A PROJECT  RECEIVE
A  CUMULATIVE  GRANT AWARD IN EXCESS OF ONE MILLION DOLLARS. THE MAXIMUM
GRANT AWARD FOR A LOCAL GOVERNMENT EFFICIENCY PLANNING PROJECT,  OR  THE
PLANNING  COMPONENT  OF A PROJECT THAT INCLUDES BOTH PLANNING AND IMPLE-
MENTATION OF A LOCAL GOVERNMENT EFFICIENCY  PROJECT,  SHALL  NOT  EXCEED
TWENTY-FIVE  THOUSAND  DOLLARS PER MUNICIPALITY; PROVIDED, HOWEVER, THAT
IN NO EVENT SHALL SUCH A PLANNING  PROJECT  RECEIVE  A  GRANT  AWARD  IN
EXCESS OF TWO HUNDRED THOUSAND DOLLARS.
  (VI)  LOCAL  MATCHING  FUNDS EQUAL TO TEN PERCENT OF THE TOTAL COST OF
ACTIVITIES UNDER THE GRANT WORK PLAN APPROVED BY THE DEPARTMENT OF STATE
SHALL BE REQUIRED. IN THE  EVENT AN APPLICANT IS IMPLEMENTING A  PROJECT
THAT  THE  APPLICANT DEVELOPED THROUGH A SUCCESSFULLY COMPLETED PLANNING
GRANT FUNDED UNDER THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM OR  THE
SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT PROGRAM, THE LOCAL MATCHING
FUNDS REQUIRED SHALL BE REDUCED BY THE LOCAL MATCHING FUNDS REQUIRED  BY
SUCH SUCCESSFULLY COMPLETED PLANNING GRANT.
  (VII)  IN  THE SELECTION OF GRANT AWARDS, THE SECRETARY OF STATE SHALL
GIVE THE HIGHEST PRIORITY TO APPLICATIONS: (1) THAT WOULD RESULT IN  THE
DISSOLUTION OR CONSOLIDATION OF MUNICIPALITIES; (2) THAT WOULD IMPLEMENT
THE  COMPLETE FUNCTIONAL CONSOLIDATION OF A MUNICIPAL SERVICE; OR (3) BY
LOCAL GOVERNMENTS WITH HISTORICALLY HIGH COSTS OF  LOCAL  GOVERNMENT  OR
SUSTAINED  INCREASES  IN  PROPERTY TAXES. PRIORITY WILL ALSO BE GIVEN TO
MUNICIPALITIES THAT HAVE PREVIOUSLY COMPLETED A PLANNING GRANT  PURSUANT

A. 4007--B                         30

TO  THIS  PROGRAM  OR  THE  SHARED  MUNICIPAL  SERVICES  INCENTIVE GRANT
PROGRAM, AND TO LOCAL GOVERNMENTS CURRENTLY INVOLVED IN REGIONAL  DEVEL-
OPMENT  PROJECTS  THAT  HAVE  RECEIVED FUNDS THROUGH STATE COMMUNITY AND
INFRASTRUCTURE DEVELOPMENT PROGRAMS.
  (VIII)  THE  DEPARTMENT OF STATE SHALL PREPARE AN ANNUAL REPORT TO THE
GOVERNOR AND THE LEGISLATURE ON THE EFFECTIVENESS OF THE  LOCAL  GOVERN-
MENT  EFFICIENCY  GRANT PROGRAM AND THE LOCAL GOVERNMENT CITIZENS RE-OR-
GANIZATION EMPOWERMENT GRANT PROGRAM. SUCH REPORT SHALL BE  PROVIDED  ON
OR  BEFORE  OCTOBER  FIRST  OF  EACH  YEAR AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING: A SUMMARY OF APPLICATIONS AND AWARDS FOR EACH
GRANT CATEGORY, AN ASSESSMENT OF PROGRESS  IN  IMPLEMENTING  INITIATIVES
THAT  RECEIVED GRANT AWARDS, AND ESTIMATED FINANCIAL SAVINGS AND SIGNIF-
ICANT IMPROVEMENTS IN  SERVICE  REALIZED  BY  MUNICIPALITIES  THAT  HAVE
RECEIVED GRANTS.
  S.  LOCAL  GOVERNMENT  PERFORMANCE  AND  EFFICIENCY PROGRAM. (I) DEFI-
NITIONS.  FOR THE PURPOSES OF THIS PARAGRAPH, "MUNICIPALITY" SHALL  MEAN
A  COUNTY,  CITY, TOWN, OR VILLAGE, BUT SHALL NOT INCLUDE THE INDIVIDUAL
COUNTIES CONTAINED IN THE CITY OF NEW YORK.
  (II) PURPOSE.  THERE IS HEREBY ESTABLISHED A LOCAL GOVERNMENT PERFORM-
ANCE AND EFFICIENCY PROGRAM. THE PURPOSE OF THIS PROGRAM IS TO RECOGNIZE
MUNICIPALITIES THAT HAVE UNDERTAKEN SIGNIFICANT AND  INNOVATIVE  ACTIONS
TO IMPROVE THE OVERALL EFFICIENCY OF GOVERNMENTAL OPERATIONS AND PRODUCE
QUANTIFIABLE  RECURRING  FINANCIAL SAVINGS THAT REDUCE THE MUNICIPAL TAX
BURDEN ON RESIDENTS.
  (III) ELIGIBILITY. ALL MUNICIPALITIES IN NEW YORK STATE  ARE  ELIGIBLE
TO APPLY INDIVIDUALLY OR JOINTLY, PROVIDED HOWEVER THAT IF AN ACTION WAS
UNDERTAKEN  JOINTLY,  MUNICIPALITIES  MUST  APPLY  JOINTLY  FOR  SUCH AN
ACTION. THE ACTIONS FOR WHICH THEY APPLY MUST ALREADY HAVE  BEEN  IMPLE-
MENTED.
  (IV)  USE  OF AWARDS. AWARDS RECEIVED PURSUANT TO THE PROGRAM SHALL BE
USED BY MUNICIPALITIES FOR GENERAL MUNICIPAL PURPOSES.
  (V) APPLICATION. THE SECRETARY OF STATE SHALL DEVELOP  AN  APPLICATION
FOR  MUNICIPALITIES SEEKING TO RECEIVE AWARDS AND A PROCESS BY WHICH THE
APPLICATIONS WILL BE EVALUATED. SUCH APPLICATION SHALL  REQUIRE  MUNICI-
PALITIES  TO  DEMONSTRATE HOW THE ACTION FOR WHICH THEY HAVE APPLIED HAS
RESULTED IN QUANTIFIABLE RECURRING SAVINGS, EFFICIENCIES, AND  PERMANENT
IMPROVEMENTS TO MUNICIPAL SERVICES. THE SECRETARY OF STATE MAY FOCUS THE
PROGRAM  IN  SPECIFIC FUNCTIONAL SERVICE AREAS, IN WHICH CASE SUCH AREAS
OF FOCUS SHALL BE DETAILED IN A REQUEST FOR APPLICATIONS. NO APPLICATION
SHALL BE CONSIDERED FOR ACTIONS THAT COMMENCED PRIOR TO  JANUARY  FIRST,
TWO THOUSAND TEN.
  (VI)  AWARDS.  THE  SECRETARY  OF  STATE MAY MAKE AWARDS TO APPLICANTS
BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE  AMOUNT  OF  CURRENT
AND FUTURE SAVINGS, THE IMPACT OF SUCH ACTION UPON THE MUNICIPAL PROPER-
TY  TAX LEVY, THE SIZE AND COMPLEXITY OF THE ACTION, AND THE ABILITY FOR
THE ACTION TO BE REPLICATED BY OTHER MUNICIPALITIES. AWARDS  SHALL  ONLY
BE  MADE TO MUNICIPALITIES FOR ACTIONS THAT HAVE BEEN FULLY IMPLEMENTED,
THAT CLEARLY RESULTED IN QUANTIFIABLE SAVINGS AND EFFICIENCIES, AND THAT
PRODUCED PERMANENT AND QUANTIFIABLE IMPROVEMENTS TO MUNICIPAL EFFICIENCY
OR SERVICES. THE MAXIMUM AMOUNT AWARDED PER APPLICATION SHALL NOT EXCEED
THE LESSER OF FIVE MILLION DOLLARS OR TWENTY-FIVE DOLLARS  PER  RESIDENT
OF  THE  APPLYING MUNICIPALITIES AS OF THE MOST RECENT FEDERAL DECENNIAL
CENSUS, PROVIDED, HOWEVER, THAT  IF  THE  BOUNDARIES  OF  MUNICIPALITIES
JOINTLY  APPLYING FOR SUCH FUNDING OVERLAP, THE RESIDENTS IN OVERLAPPING
AREAS SHALL ONLY BE COUNTED ONCE, AND PROVIDED, FURTHER, THAT IF A COUN-
TY JOINTLY APPLIES WITH SOME BUT NOT ALL  OF  THE  OTHER  MUNICIPALITIES

A. 4007--B                         31

THEREIN, ONLY THE RESIDENTS IN SUCH OTHER MUNICIPALITIES SHALL BE COUNT-
ED.
  (VII)  REGULATION.  THE  SECRETARY OF STATE SHALL, PRIOR TO THE ESTAB-
LISHMENT OF  APPLICATIONS,  PROMULGATE  RULES  AND  REGULATIONS  ON  THE
PROGRAM,  INCLUDING  BUT  NOT  LIMITED TO AWARD ELIGIBILITY CRITERIA AND
APPLICATION, REVIEW AND APPROVAL PROCEDURES.
  S 4. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2011.

                                 PART L

  Section  1. Section 4 of chapter 774 of the laws of 1989, amending the
real property tax law relating to certain state lands subject  to  taxa-
tion is amended to read as follows:
  S  4.  The  agreements  referred to in section three of this act shall
[enure] INURE to the benefit of and bind the people of the state of  New
York  in  the  event that the lands which are the subject of said agree-
ments are acquired by the people of the state of New York acting through
the department of environmental conservation. Upon  any  acquisition  of
such   lands  by  the  department  of  environmental  conservation,  the
provisions of section 532 of the real property tax law shall  not  apply
to the lands so acquired but the [taxation thereof] PAYMENTS DUE THEREON
shall be governed by the agreements referred to in section three of this
act  for  the  duration  of  such  agreement. [The] IN THE EVENT THAT NO
SPECIFIC APPROPRIATION SHALL HAVE BEEN MADE FOR THAT PURPOSE, THE AMOUNT
APPROPRIATED FOR PAYMENTS OF TAXES ON STATE LANDS PURSUANT  TO  SECTIONS
532  THROUGH  546 OF THE REAL PROPERTY TAX LAW SHALL BE DEEMED TO ENCOM-
PASS THE STATE'S OBLIGATION  TO  MAKE  THE  PAYMENTS  REQUIRED  BY  THIS
SECTION,  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, THE taxation of such
lands will be governed by such section 532 at such time  as  the  agree-
ments cease to be effective.
  S 2. This act shall take effect immediately.

                                 PART M

  Intentionally omitted.

                                 PART N

  Section  1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision  5
of  section  4  of  the  state finance law to the following funds and/or
accounts:
  1. Tuition reimbursement fund (050):
  a. Tuition reimbursement account (01).
  b. Proprietary vocational school supervision account (02).
  2. Local government records management improvement fund (052):
  a. Local government records management account (01).
  3. Dedicated highway and bridge trust fund (072):
  a. Highway and bridge capital account (01).
  4. State University Residence Hall Rehabilitation Fund (074).
  5. State parks infrastructure trust fund (076):
  a. State parks infrastructure account (01).
  6. Clean water/clean air implementation fund (079).
  7. State lottery fund (160):
  a. Education - New (03).

A. 4007--B                         32

  b. VLT - Sound basic education fund (06).
  8. Medicaid management information system escrow fund (179).
  9.  Federal  operating  grants  fund (290) federal capital grants fund
291).
  10. Sewage treatment program management and administration fund (300).
  11. Environmental conservation special revenue fund (301):
  a. Hazardous bulk storage account (F7).
  b. Utility environmental regulation account (H4).
  c. Low level radioactive waste siting account (K5).
  d. Recreation account (K6).
  e. Conservationist magazine account (S4).
  f. Environmental regulatory account (S5).
  g. Natural resource account (S6).
  h. Mined land reclamation program account (XB).
  i. Federal grants indirect cost recovery account (IC).
  12. Environmental protection and oil spill compensation fund (303).
  13. Hazardous waste remedial fund (312):
  a. Site investigation and construction account (01).
  b. Hazardous waste remedial clean up account (06).
  14. Mass transportation operating assistance fund (313):
  a. Public transportation systems account (01).
  b. Metropolitan mass transportation (02).
  15. Clean air fund (314):
  a. Operating permit program account (01).
  b. Mobile source account (02).
  16. Centralized services fund (323).
  17. State exposition special fund (325).
  18. Agency enterprise fund (331):
  a. OGS convention center account (55).
  19. Agencies internal service fund (334):
  a. Archives records management account (02).
  b. Federal single audit account (05).
  c. Civil service law: sec 11 admin account (09).
  d. Civil service EHS occupational health program account (10).
  e. Banking services account (12).
  f. Cultural resources survey account (14).
  g. Neighborhood work project (17).
  h. Automation & printing chargeback account (18).
  i. OFT NYT account (20).
  j. Data center account (23).
  k. Human service telecom account (24).
  l. Centralized Technology services account (30).
  m. OPWDD copy center account (26).
  n. Intrusion detection account (27).
  o. Domestic violence grant account (28).
  p. Learning management system account.
  20. Miscellaneous special revenue fund (339):
  a. Statewide planning and research cooperative system account (03).
  b. OPWDD provider of service account (05).
  c. New York state thruway authority account (08).
  d. Mental hygiene patient income account (13).
  e. Financial control board account (15).
  f. Regulation of racing account (16).
  g. New York metropolitan transportation council account (17).
  h. Quality of care account (20).
  i. Cyber upgrade account (25).

A. 4007--B                         33

  j. Certificate of need account (26).
  k. Hospital and nursing home management account (44).
  l. State university dormitory income reimbursable account (47).
  m. Energy research account (60).
  n. Criminal justice improvement account (62).
  o. Fingerprint identification and technology account (68).
  p. Environmental laboratory reference fee account (81).
  q. Clinical laboratory reference system assessment account (90).
  r. Public employment relations board account (93).
  s. Radiological health protection account (95).
  t. Teacher certification account (A4).
  u. Banking department account (A5).
  v. Cable television account (A6).
  w. Indirect cost recovery account (AH).
  x. High school equivalency program account (AI).
  y. Rail safety inspection account (AQ).
  z. Child support revenue account (AX).
  aa. Multi-agency training account (AY).
  bb. Critical infrastructure account (B3).
  cc. Insurance department account (B6).
  dd. Bell jar collection account (BJ).
  ee. Industry and utility service account (BK).
  ff. Real property disposition account (BP).
  gg. Parking account (BQ).
  hh. Asbestos safety training program account (BW).
  ii. Public service account (C3).
  jj. Batavia school for the blind account (D9).
  kk. Investment services account (DC).
  ll. Surplus property account (DE).
  mm. OPWDD day services account (DH).
  nn. Financial oversight account (DI).
  oo. Regulation of indian gaming account (DT).
  pp. Special conservation activities account (CU).
  qq. Interest assessment account (DZ).
  rr. Office of the professions account (E3).
  ss. Rome school for the deaf account (E6).
  tt. Seized assets account (E8).
  uu. Administrative adjudication account (E9).
  vv. Federal salary sharing account (EC).
  ww. New York City Assessment Account (EM).
  xx. Cultural education account (EN).
  yy. Examination and miscellaneous revenue account (ER).
  zz. Transportation regulation account (F1).
  aaa. Local services account (G3).
  bbb. DHCR mortgage servicing account (H2).
  ccc. Department of motor vehicles compulsory insurance account (H7).
  ddd. Housing indirect cost recovery account (HI).
  eee. DHCR-HCA application fee account (J5).
  fff. EPIC premium account (J6).
  ggg. Federal gasoline and diesel fuel excise tax account (L6).
  hhh. OTDA income account (L7).
  iii. Low income housing monitoring account (NG).
  jjj. Procurement opportunities newsletter account (P4).
  kkk. Corporation administration account (P6).
  lll. Montrose veteran's home account (Q6).
  mmm. Excelsior capital corporation reimbursement account (R1).

A. 4007--B                         34

  nnn. Motor fuel quality account (R4).
  ooo. Deferred compensation administration account (R7).
  ppp. Rent revenue other account (RR).
  qqq. Rent revenue account (S8).
  rrr. Tax revenue arrearage account (TR).
  sss. Solid waste management account (W3).
  ttt. Occupational health clinics account (W4).
  uuu. Capacity contracting (XU).
  vvv. Administrative cost recovery -
       tax return preparer registration fee account (Y8).
  www. Sales tax re-registration fee account (YD).
  xxx. Equitable sharing agreement account (YP).
  yyy. Point insurance reduction program account.
  zzz. Internet point insurance reduction program account.
  aaaa. Mental hygiene program fund account (10).
  bbbb. Third party debt collection account.
  cccc. Regulation of manufactured housing account (CM).
  dddd. Business and licensing services account (A6).
  eeee. Consumer protection account (F2).
  21. State university income fund (345):
  a. State university general income offset account (11).
  22. State police and motor vehicle law enforcement fund (354):
  a. State police motor vehicle law enforcement account (02).
  23. Youth facilities improvement fund (357):
  a. Youth facilities improvement account (01).
  24. Highway safety program fund (362):
  a. Highway safety program account (01).
  25. Drinking water program management and administration fund (366):
  a. EFC drinking water program account (01).
  b. DOH drinking water program account (02).
  26. New York city county clerks offset fund (368):
  a. NYCCC operating offset account (01).
  27. Housing assistance fund (374).
  28. Housing program fund (376).
  29. Department of transportation - engineering services fund (380):
  a. Highway facility purpose account (01).
  30. Miscellaneous capital projects fund (387):
  a. Clean air capital account (08).
  b. New York racing account.
  31. Mental hygiene facilities capital improvement fund (389).
  32. Joint labor/management administration fund (394):
  a. Joint labor/management administration fund (01).
  33. Audit and control revolving fund (395):
  a. Executive direction internal audit account (04).
  b. CIO Information technology centralized services account.
  34. Health insurance internal service fund (396):
  a. Health insurance internal service account (00).
  b. Civil service employee benefits div admin (01).
  35. Correctional industries revolving fund (397).
  36. Correctional facilities capital improvement fund (399).
  37. HCRA resources fund (061):
  a. EPIC premium account (J6).
  b. Hospital based grants program account (AF).
  c. Child health plus program account (29).
  S 1-a. The state comptroller is hereby authorized and directed to loan
money  in  accordance  with the provisions set forth in subdivision 5 of

A. 4007--B                         35

section 4 of the state finance law to any account within  the  following
federal  funds,  provided  the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse  such
loans:
  1. Federal USDA-food nutrition services fund (261).
  2. Federal health and human services fund (265).
  3. Federal education grants fund (267).
  4. Federal block grant fund (269).
  5. Federal operating grants fund (290).
  6. Federal capital projects fund (291).
  7. Federal unemployment insurance administration fund (480).
  8. Federal unemployment insurance occupational training fund (484).
  9. Federal employment and training grants (486).
  S  2.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2012, up to the unencumbered balance or the  follow-
ing amounts:
  Economic Development and Public Authorities:
  1.  $175,000  from the miscellaneous special revenue fund (339) under-
ground facilities safety training account (US), to the general fund.
  2. An amount up to the unencumbered  balance  from  the  miscellaneous
special  revenue  fund  (339),  business  and licensing services account
(AG), to the general fund.
  3. $14,810,000 from the miscellaneous special revenue fund (339), code
enforcement account (07), to the general fund.
  Education:
  1. $2,210,000,000 from the general fund  to  the  state  lottery  fund
(160),  education  account (03), as reimbursement for disbursements made
from such fund for supplemental aid to  education  pursuant  to  section
92-c of the state finance law that are in excess of the amounts deposit-
ed  in  such  fund for such purposes pursuant to section 1612 of the tax
law.
  2. $682,000,000 from the general fund to the state lottery fund (160),
VLT education account (06), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c  of
the  state  finance  law  that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
  3. Moneys from the state lottery fund (160) up to an amount  deposited
in  such  fund  pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
  4. $300,000 from the local government records  management  improvement
fund (052) to the archives partnership trust fund (024).
  5. $810,000 from the general fund to the miscellaneous special revenue
fund (339), Batavia school for the blind account (D9).
  6.  $1,100,000  from  the  general  fund  to the miscellaneous special
revenue fund (339), Rome school for the deaf account (E6).
  7. $80,000,000 from the state university dormitory income  fund  (330)
to the state university residence hall rehabilitation fund (074).
  8.  $343,400,000 from the state university dormitory income fund (330)
to the miscellaneous special revenue fund (339), state university dormi-
tory income reimbursable account (47).
  9. $1,000,000 from  the  miscellaneous  special  revenue  fund  (339),
cultural  education  account  (EN), to the miscellaneous special revenue
fund (339), summer school of the arts account (38).

A. 4007--B                         36

  10. $24,000,000 from any of the  state  education  department  special
revenue  and internal service funds to the miscellaneous special revenue
fund (339), indirect cost recovery account (AH).
  11.  $8,318,000  from  the general fund to the state university income
fund (345), state university income offset account (11), for the state's
share of repayment of the STIP loan.
  12. $48,000,000 from the State University  Income  Fund  (345),  State
University  Hospitals  Income  Reimbursable  Account (22) to the general
fund for hospital debt service.
  13. $4,686,000 from the  state  university  income  fund  (345),  Long
Island Veterans' Home Account (09) to the general fund.
  Environmental Affairs:
  1.  $500,000  from  the department of transportation's federal capital
projects fund (291) to the office of parks and recreation federal  oper-
ating grants fund (290), miscellaneous operating grants account.
  2.  $16,000,000  from any of the department of environmental conserva-
tion's special revenue federal funds to the special revenue  fund  (301)
federal grant indirect cost recovery account.
  3. $3,000,000 from any of the office of parks, recreation and historic
preservation  capital projects federal funds and special revenue federal
funds to the special revenue fund  (339)  federal  grant  indirect  cost
recovery account (Z1).
  4. $1,000,000 from any of the office of parks, recreation and historic
preservation  special  revenue federal funds to the special revenue fund
(339), I love NY water account (39).
  Family Assistance:
  1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous  special
revenue  fund  (339),  office of human resources development state match
account (2C).
  2. $3,000,000 from any of the office of children and  family  services
or office of temporary and disability assistance special revenue federal
funds  to the miscellaneous special revenue fund (339), family preserva-
tion and support services and family violence services account (GC).
  3. $6,000,000 from any of the office of children and  family  services
special  revenue  federal  funds  to  the  general  fund  for title IV-E
reimbursement of youth facility costs.
  4. $28,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department  of  health
special  revenue  federal  funds  and  any  other miscellaneous revenues
generated from the operation of office of children and  family  services
programs  to  the  miscellaneous  special  revenue fund (339), office of
children and family services income account (AR).
  5. $10,000,000 from any of the office of children and family  services
or  office  of temporary and disability assistance special revenue funds
or the general fund to the miscellaneous  special  revenue  fund  (339),
connections account (WK).
  6.  $41,000,000  from  any  of  the office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265) to the general fund.
  7.  $8,300,000  from  any  of  the  office of temporary and disability
assistance accounts within the federal health and  human  services  fund
(265)  to  the  miscellaneous special revenue fund (339), client notices
account (EG).

A. 4007--B                         37

  8. $98,980,000 from any of the  office  of  temporary  and  disability
assistance,  department  of  health  or  office  of  children and family
services special revenue funds to the miscellaneous special revenue fund
(339), office of temporary  and  disability  assistance  income  account
(L7).
  9.  $2,500,000  from  any  of  the  office of temporary and disability
assistance or office of children and  family  services  special  revenue
federal funds to the miscellaneous special revenue fund (339), office of
temporary and disability assistance program account (AL).
  10.  $50,000,000  from  any  of  the  office  of  children  and family
services, office of temporary and disability assistance,  department  of
labor,  and  department  of  health special revenue federal funds to the
office of children and family  services  miscellaneous  special  revenue
fund (339), multi-agency training contract account (AY).
  11. $12,524,000 from the office of temporary and disability assistance
federal  health  and  human  services  fund  (265)  to the miscellaneous
special revenue fund (339), child support revenue account (AX).
  12. $6,300,000 from any of the office of children and family services,
office of temporary and disability assistance, department of  labor,  or
department  of  health  special revenue funds to the office of temporary
and disability assistance  miscellaneous  special  revenue  fund  (339),
multi-agency systems development account (MD).
  13.  $9,248,000  from  any  of  the office of temporary and disability
assistance special revenue federal funds, to the  miscellaneous  special
revenue fund (339), OTDA training contract account (48).
  14.  $223,000,000  from  the miscellaneous special revenue fund (339),
youth facility per Diem account (YF), to the general fund.
  15. $10,000,000 from any of the office  of  temporary  and  disability
assistance  special  revenue federal funds, to the miscellaneous special
revenue fund (339), electronic benefit transfer and common benefit iden-
tification card account (GD).
  16. Up to $3,500,000 from the combined  gifts,  grants,  and  bequests
fund (020), WB Hoyt Memorial account (78) to the general fund.
  17.  $1,300,000  from  any  of  the office of temporary and disability
assistance and department of health special revenue federal funds to the
miscellaneous special  revenue  fund  (339)  welfare  inspector  general
administrative reimbursement account (WW).
  18.  Up  to  $11,922,000  from  the miscellaneous special revenue fund
(339) state central registry (CY) to the general fund.
  General Government:
  1. $1,566,000 from the miscellaneous special revenue fund (339), exam-
ination and miscellaneous revenue account (ER) to the general fund.
  2. $12,500,000 from the general fund to the health insurance revolving
fund (396).
  3. $192,400,000 from the health insurance reserve receipts fund  (167)
to the general fund.
  4. $150,000 from the general fund to the not-for-profit revolving loan
fund (055).
  5.  $150,000  from the not-for-profit revolving loan fund (055) to the
general fund.
  6. $11,000,000 from the miscellaneous special revenue fund (339), real
property disposition account (BP), to the general fund.
  7. $3,000,000 from  the  miscellaneous  special  revenue  fund  (339),
surplus property account (DE), to the general fund.
  8.  $19,260,000  from  the  general  fund to the miscellaneous special
revenue fund (339), alcoholic beverage control account (DB).

A. 4007--B                         38

  9. $1,500,000 from  the  miscellaneous  special  revenue  fund  (339),
federal liability account (FL), to the general fund.
  10.  $23,000,000  from  the  miscellaneous special revenue fund (339),
revenue arrearage account (CR), to the general fund.
  11. $1,826,000 from  the  miscellaneous  special  revenue  fund  (339)
revenue  arrearage  account  (CR),  to the miscellaneous special revenue
fund (339) authority budget office account.
  12. Intentionally omitted.
  13. $1,000,000 from the  miscellaneous  special  revenue  fund  (339),
parking  services  account (BQ), to the general fund, for the purpose of
reimbursing the costs of debt service related to state  parking  facili-
ties.
  14.  Up  to  $45,000,000  from  the  general fund to the miscellaneous
special revenue fund (339), statewide financial system account (FM).
  Health:
  1. $12,000,000 from any of the department of  health  accounts  within
the federal health and human services fund (265) to the general fund.
  2.  $139,560,000  from any of the department of health accounts within
the federal health and human services fund (265)  to  the  miscellaneous
special revenue fund (339), quality of care account (20).
  3.  $1,000,000 from the general fund to the combined gifts, grants and
bequests fund (020), breast cancer research and education account  (BD),
an  amount equal to the monies collected and deposited into that account
in the previous fiscal year.
  4. $2,464,000 from any of the department of health accounts within the
federal health and human services fund (265) to the department of health
miscellaneous  special  revenue  fund  (339),  statewide  planning   and
research cooperation system (SPARCS) program account (03).
  5.  $250,000  from  the general fund to the combined gifts, grants and
bequests fund (020), prostate cancer research, detection, and  education
account (PR), an amount equal to the moneys collected and deposited into
that account in the previous fiscal year.
  6.  $500,000  from  the general fund to the combined gifts, grants and
bequests fund (020), Alzheimer's disease research and assistance account
(AA), an amount equal to the moneys collected and  deposited  into  that
account in the previous fiscal year.
  7.  $1,000,000  from  the  miscellaneous  special  revenue fund (339),
administration account (AP), to the general fund.
  8. $600,000,000 from any of the department of health  accounts  within
the  federal  health  and human services fund (265) to the miscellaneous
special revenue fund (339),  federal  state  health  reform  partnership
account (FS).
  9.  $50,000,000  from  the  general  fund to the miscellaneous special
revenue fund (339), empire state stem cell trust fund account (SR).
  10. $1,250,000 from the  miscellaneous  New  York  state  agency  fund
(169),  medical assistance account to the department of health miscella-
neous special revenue fund (339), third party health  insurance  account
(35).
  11.  $3,700,000  from  the  miscellaneous  New  York state agency fund
(169), medical assistance account to the office  of  medicaid  inspector
general miscellaneous special revenue fund (339), recoveries and revenue
account (C9).
  12.  $1,500,000  from  the  general  fund to the miscellaneous special
revenue fund (339), quality of care improvement account (QC).
  13. $52,100,000 from the Health Care Reform Act Resources  Act  (061),
to the general fund.

A. 4007--B                         39

  14.  $37,800,000  from  the  Elderly Pharmaceutical Insurance Coverage
EPIC Premium account (339 J6), to the general fund.
  Labor:
  1.  $700,000  from  the  labor standards miscellaneous special revenue
fund (339), fee  and  penalty  account  (30),  to  the  child  performer
protection fund (025), child performer protection account (CP).
  2.  $8,000,000  from the labor standards miscellaneous special revenue
fund (339), fee and penalty account (30), to the general fund.
  3. $10,500,000 from the unemployment insurance  interest  and  penalty
special  revenue fund (482), unemployment insurance special interest and
penalty account (01), to the general fund.
  4. $2,700,000 from the labor standards miscellaneous  special  revenue
fund (339), public work enforcement account (BA), to the general fund.
  5.  $1,500,000 from the training and education program on occupational
safety and health fund (305), occupational safety and health  inspection
account (02), to the general fund.
  Mental Hygiene:
  1.  $5,000,000  from  the  miscellaneous  special  revenue fund (339),
mental hygiene patient income account (13), to the miscellaneous special
revenue fund (339), federal salary sharing account (EC).
  2. $240,000,000 from the miscellaneous  special  revenue  fund  (339),
mental  hygiene patient income account (13) to the miscellaneous special
revenue fund (339), provider of service accounts (05).
  3. $220,000,000 from the miscellaneous  special  revenue  fund  (339),
mental  hygiene  program  fund account (10) to the miscellaneous special
revenue fund (339), provider of service account (05).
  4. $150,000,000 from the general fund  to  the  miscellaneous  special
revenue fund (339), mental hygiene patient income account (13).
  5.  $150,000,000  from  the  general fund to the miscellaneous special
revenue fund (339), mental hygiene program fund account (10).
  6. $275,000,000 from the miscellaneous  special  revenue  fund  (339),
mental hygiene program fund account (10) to the general fund.
  7.  $180,000,000  from  the  miscellaneous special revenue fund (339),
mental hygiene patient income account (13) to the general fund.
  Public Protection:
  1. $1,350,000 from the miscellaneous special revenue fund (339), emer-
gency management account (61), to the general fund.
  2. $3,300,000 from the  general  fund  to  the  miscellaneous  special
revenue fund (339), recruitment incentive account (U2).
  3.  $9,500,000  from  the  general fund to the correctional industries
revolving fund (397), correctional industries internal  service  account
(00).
  4.  $8,678,000  from  the  miscellaneous  special  revenue fund (339),
statewide public safety communications account (LZ), to the general debt
service fund (311), revenue bond tax account (02).
  5. $10,000,000 from federal miscellaneous operating grants fund (290),
DMNA damage account (71), to the general fund.
  6. $16,000,000 from the general  fund  to  the  miscellaneous  special
revenue fund (339), crimes against revenue program account (CA).
  7. $20,000,000 from any office of homeland security account within the
federal  miscellaneous  operating  grants  fund  (290),  receiving money
through the homeland security grants program, to the general fund.
  8. $11,500,000 from the federal miscellaneous  operating  grants  fund
(290) world trade center account, to the general fund.
  9. $22,100,000 from the miscellaneous special revenue fund (339) crim-
inal justice improvement account (62) to the general fund.

A. 4007--B                         40

  10.  $20,000,000  from  the  miscellaneous special revenue fund (339),
statewide public safety communications  account  (LZ),  to  the  general
fund.
  11. $4,000,000 from the miscellaneous special revenue fund (339) crim-
inal  justice  improvement  account  (62)  to  the miscellaneous special
revenue fund (339) legal services assistance account (IM).
  12. $660,000 from the miscellaneous special revenue fund  (339),  cell
tower account (CT), to the general fund.
  Transportation:
  1.  $17,672,000  from  the federal miscellaneous operating grants fund
(290) to the special revenue  fund  (339),  tri-state  federal  regional
planning account (17).
  2.  $20,147,000  from  the  federal capital projects fund (291) to the
special revenue fund (339), tri-state federal regional planning accounts
(17).
  3. $15,368,000 from the  miscellaneous  special  revenue  fund  (339),
compulsory insurance account (H7), to the general fund.
  4.  $19,000,000 from the general fund to the mass transportation oper-
ating assistance fund (313),  public  transportation  systems  operating
assistance account (01).
  5.  $575,000,000  from  the  general fund to the dedicated highway and
bridge trust fund (072).
  6. $606,000 from the miscellaneous special revenue fund (339),  inter-
net point insurance reduction program account (IC), to the general fund.
  7.  $2,935,000  from  the  clean air fund (314), mobile source account
(02), to the general fund.
  8. $5,000 from the miscellaneous special revenue fund (339),  motorcy-
cle safety account (AE), to the general fund.
  9. $165,000,000 from the mass transportation operating assistance fund
(313),  metropolitan  mass  transportation  operating assistance account
(02), to the general debt service fund (311), for reimbursement  of  the
state's expenses in connection with payments of debt service and related
expenses  for  the metropolitan transportation authority's state service
contract bonds.
  10. $16,721,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02)  to  the mass transportation operating assistance fund (313) public
transportation systems operating assistance account (01).
  11. $35,008,000 from the mass transportation operating assistance fund
(313), metropolitan mass  transportation  operating  assistance  account
(02) to the general fund.
  Miscellaneous:
  1.  $75,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
  2. $250,000,000 from the general fund to the  debt  reduction  reserve
fund (064).
  S  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2012:
  1. Upon request of the commissioner of environmental conservation,  up
to  $10,777,000 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,142,800  from
the  environmental protection and oil spill compensation fund (303), and
$1,742,600 from  the  conservation  fund  (302),  to  the  environmental
conservation special revenue fund (301), indirect charges account (BJ).

A. 4007--B                         41

  2.  Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund  within  the
department  of  agriculture  and  markets  to  the miscellaneous special
revenue fund (339) administrative  costs  account,  to  pay  appropriate
administrative expenses.
  3.  Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition  special  fund  (325),  state  fair
receipts  account (01) to the miscellaneous capital projects fund (387),
state fair capital improvement account (13).
  4. Upon request of the commissioner of the  division  of  housing  and
community  renewal, up to $5,500,000 from revenues credited to any divi-
sion of housing and community renewal federal or  miscellaneous  special
revenue fund to the agency cost recovery account (HI).
  5.  Upon  request  of  the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any  miscel-
laneous special revenue fund account (339), to any miscellaneous special
revenue fund (339).
  6.  Upon  request of the commissioner of health up to $15,000,000 from
revenues credited to any of the department of health's  special  revenue
funds,  to  the miscellaneous special revenue fund (339), administration
account (AP).
  S 4. Notwithstanding section 2815 of the  public  health  law  or  any
other  contrary  provision of law, upon the direction of the director of
the budget and the commissioner of health, the  dormitory  authority  of
the  state  of  New  York  is directed to transfer seven million dollars
annually from funds available and uncommitted  in  the  New  York  state
health  care  restructuring  pool  to  the health care reform act (HCRA)
resources fund - HCRA resources account.
  S 5. On or before March 31, 2012, the comptroller  is  authorized  and
directed  to  transfer  the unencumbered balance from the family benefit
fund (329) to the general fund.
  S 6. On or before March 31, 2012, the comptroller is hereby authorized
and directed to deposit earnings that  would  otherwise  accrue  to  the
general  fund  that are attributable to the operation of section 98-a of
the state finance law, to the  agencies  internal  service  fund  (334),
banking  services  account  (12),  for  the  purpose  of  meeting direct
payments from such account.
  S 7. Notwithstanding any law to the contrary, upon  the  direction  of
the  director of the budget and upon requisition by the state university
of New York, the dormitory  authority  of  the  state  of  New  York  is
directed  to  transfer, up to $22,000,000 in revenues generated from the
sale of notes or  bonds,  to  the  state  university  of  New  York  for
reimbursement  of bondable equipment for further transfer to the state's
general fund.
  S 8. Notwithstanding any law to the  contrary,  the  state  university
chancellor  or her designee is authorized and directed to transfer esti-
mated tuition revenue balances from the state university collection fund
(344) to the state  university  fund  (345),  state  university  revenue
offset account (12) on or before March 31, 2012.
  S  9.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university  chancel-
lor  or her designee, up to $50,000,000 from the state university income
fund (345), state university hospitals income reimbursable account (22),
for hospital income reimbursable for services and expenses  of  hospital
operations  and  capital expenditures at the state university hospitals,

A. 4007--B                         42

and the state university income fund (345) Long  Island  veterans'  home
account  (09)  to the state university capital projects fund (384) on or
before June 30, 2012.
  S  10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after  consultation
with  the  state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance,  from
the  state  university  collection  fund  (344),  Stony  Brook  hospital
collection account (07), Brooklyn hospital collection account (08),  and
Syracuse hospital collection account (09) to the state university income
fund  (345), state university hospitals income reimbursable account (22)
in the event insufficient funds are available in  the  state  university
income  fund  (345),  state  university  hospitals  income  reimbursable
account (22) to transfer moneys, in amounts  sufficient  to  permit  the
full transfer of moneys authorized for transfer, to the general fund for
payment  of debt service related to the SUNY hospitals.  Notwithstanding
any law to the contrary, the comptroller is also hereby  authorized  and
directed, after consultation with the state university chancellor or his
or  her  designee,  to  transfer moneys from the state university income
fund (345) to the state university income fund (345),  state  university
hospitals  income  reimbursable  account  (22) in the event insufficient
funds are available in the state university  income  fund  (345),  state
university  hospitals  income  reimbursable account (22) to pay hospital
operating costs or to transfer moneys, in amounts sufficient  to  permit
the full transfer of moneys authorized for transfer, to the general fund
for  payment  of debt service related to the SUNY hospitals on or before
March 31, 2012.
  S 11. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed  to  transfer  monies, upon request of the director of the
budget, on or before March 31, 2012, from and to any  of  the  following
accounts:  the  miscellaneous special revenue fund (339), patient income
account (13), the  miscellaneous  special  revenue  fund  (339),  mental
hygiene  program  fund  account (10) or the general fund in any combina-
tion, the aggregate of which shall not exceed $350 million.
  S 12. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and  directed to transfer, at the request of the director of the budget,
up to $500 million from the unencumbered balance of any special  revenue
fund  or  account,  or combination of funds and accounts, to the general
fund. The amounts transferred pursuant to this authorization shall be in
addition to any other transfers  expressly  authorized  in  the  2011-12
budget.  Transfers  from  federal  funds,  debt  service  funds, capital
projects funds, or the community projects fund are not permitted  pursu-
ant  to this authorization. The director of the budget shall notify both
houses of the legislature  in  writing  prior  to  initiating  transfers
pursuant to this authorization.
  S  13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the  budget,
up  to $75 million from the unencumbered balance of any non-general fund
or account, or combination of funds and accounts, to the  general  fund.
The amounts transferred pursuant to this authorization shall be equal to
those  savings  achieved  in such non-general funds as a result of work-
force savings actions  and  are  in  addition  to  any  other  transfers
expressly  authorized.  Transfers  from  federal funds are not permitted

A. 4007--B                         43

pursuant to this authorization. The director of the budget shall  notify
both  houses of the legislature in writing prior to initiating transfers
pursuant to this authorization.
  S  14. Notwithstanding any provision of law to the contrary, the power
authority of the state of New York, as deemed feasible and advisable  by
its  trustees,  is authorized and directed to make a contribution to the
state treasury to the credit of  the  general  fund  in  the  amount  of
$100,000,000  for  the  fiscal  year commencing April 1, 2011. The power
authority of  the  state  of  New  York  will  transfer  not  less  than
$40,000,000  by  June  30,  2011  and will transfer the remainder, up to
$60,000,000, by January 31, 2012.
  S 14-a. In addition to any payment made by  a  public  benefit  corpo-
ration  pursuant  to  an assessment imposed under sections 2975, 2975-a,
2976 and 2976-a of the public authorities law, a public  benefit  corpo-
ration is authorized to make voluntary contributions to the state gener-
al  fund  for  any  lawful  purpose  at any time from any public benefit
corporation funds in such amounts as deemed to be feasible and advisable
by such public benefit corporation's governing board after due consider-
ation of the public benefit  corporation's  legal  and  financial  obli-
gations.    Notwithstanding  any  other  law, the payment of a voluntary
payment pursuant to this subdivision is deemed to be a valid and  proper
purpose  for  which  available  funds may be applied. Voluntary contrib-
utions made pursuant to this subdivision shall be payable to  the  state
treasury to the credit of the general fund.
  S 15. Intentionally omitted.
  S  16.  Subdivision  5  of section 97-rrr of the state finance law, as
amended by section 15 of part JJ of chapter 56 of the laws of  2010,  is
amended to read as follows:
  5. Notwithstanding the provisions of section one hundred seventy-one-a
of  the  tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred  eight-
y-one, or any other provisions of law to the contrary, during the fiscal
year  beginning  April first, two thousand ten, the state comptroller is
hereby authorized and directed to deposit to the fund  created  pursuant
to this section from amounts collected pursuant to article twenty-two of
the  tax law and pursuant to a schedule submitted by the director of the
budget, up to [$3,308,000,000] $3,292,520,000, as may  be  certified  in
such  schedule  as  necessary  to meet the purposes of such fund for the
fiscal year beginning April first, two thousand [ten] ELEVEN.
  S 17. Subdivision (b) of section 19-a of part PP of chapter 56 of  the
laws  of 2009 providing funding for certain community projects, relating
to increasing such funding, is REPEALED.
  S 18. The comptroller is authorized and directed  to  deposit  to  the
general fund-state purposes account reimbursements from moneys appropri-
ated  or  reappropriated to the correctional facilities capital improve-
ment fund (399) by a chapter of the laws of 2011.  Reimbursements  shall
be  available for spending from appropriations made to the department of
correctional services in the general fund-state purposes  account  by  a
chapter of the laws of 2011 for costs associated with the administration
and security of capital projects and for other costs which are attribut-
able, according to a plan, to such capital projects.
  S  19.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,772,000 authorized by chapter

A. 4007--B                         44

54 of the laws of 2001 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan fund.
  S  20.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed to  deposit,
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,365,000 authorized by chapter
54 of the laws of 2002 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes and bonds issued by the  urban  develop-
ment  corporation  or other financing source for a capital appropriation
for $89,000,000 authorized by chapter 50 of the  laws  of  2002  to  the
office of general services for payment of capital construction costs for
the  Alfred  E.  Smith  office  building  located in the city of Albany,
reimbursement from the proceeds of notes and bonds issued by  the  urban
development  corporation or other financing source for capital appropri-
ations for $1,500,000 authorized by chapter 50 of the laws  of  2002  to
the office of general services for payment of capital construction costs
for  the Elk street parking garage building located in the city of Alba-
ny, reimbursement from the proceeds of notes  or  bonds  issued  by  the
urban  development  corporation  for  disbursements of up to $12,000,000
from any capital appropriation or reappropriation authorized by  chapter
50  of  the  laws  of 2002 to the office of general services for various
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for  a  capital  appropriation  of
$13,250,000 authorized by chapter 55 of the laws of 2002 to  the  energy
research  and  development  authority  for  the Western New York Nuclear
Service Center at West Valley, reimbursement from the proceeds of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $14,300,000 authorized by chapter 55  of  the  laws  of
2002  to  the  urban development corporation to finance a portion of the
jobs now program, reimbursement from the  proceeds  of  notes  or  bonds
issued by the dormitory authority for disbursements of up to $20,800,000
from  any capital appropriation or reappropriation authorized by chapter
51 of the laws of 2002 to the  judiciary  for  courthouse  improvements,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for disbursements  of  up  to  $15,000,000  from
appropriations  or reappropriations authorized by chapter 50 of the laws
of 2002 to any agency  for  costs  related  to  homeland  security,  and
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized  by chapter 54 of the laws of 2002 to the department of envi-
ronmental conservation for Onondaga lake.
  S 21. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $30,174,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation or other financing source for  a  capital  appropriation  of
$19,500,000  authorized  by chapter 50 of the laws of 2003 to the office

A. 4007--B                         45

of general services for payment of capital construction costs for the 51
Elk street parking garage  building  located  in  the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation for disbursements of up to $10,000,000 from any
capital appropriation or reappropriation authorized by chapter 50 of the
laws of 2003 to the office of general  services  for  various  purposes,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $13,250,000
authorized  by chapter 55 of the laws of 2003 to the energy research and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the dormitory authority for disbursements of up to $16,400,000 from  any
capital appropriation or reappropriation authorized by chapter 51 of the
laws of 2003 to the judiciary for courthouse improvements, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for disbursements of up to $10,000,000  from  appropriations
or  reappropriations authorized by chapter 50 of the laws of 2003 to any
agency for costs related to homeland security,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $10,000,000 authorized by chapter
55 of the laws of 2003 to the department of  environmental  conservation
for  Onondaga  lake,  reimbursement  from the proceeds of notes or bonds
issued by the environmental facilities corporation for disbursements  of
up  to  $11,000,000  from any capital appropriations or reappropriations
authorized by chapter 55 of the laws of 2003 to the department of  envi-
ronmental  conservation  for  environmental  purposes, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  disbursements  of  up  to $100,000,000 from a capital appropriation
authorized by chapter 50 of the laws of 2003 to the department of  state
for enhanced 911 wireless service.
  S  22.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $28,893,000 authorized by chapter
55 of the laws of 2004 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2004  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2004 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the environmental facilities corporation, for a capital appropriation of
$10,000,000  authorized by chapter 55 of the laws of 2004 to the depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the proceeds of notes or bonds issued by  the  environmental  facilities
corporation  for  disbursements  of  up  to $11,000,000 from any capital
appropriations or reappropriations authorized by chapter 55 of the  laws
of  2004  to  the  department of environmental conservation for environ-
mental purposes, reimbursement from  the  proceeds  of  notes  or  bonds
issued  by  the  dormitory  authority  for  a  capital  appropriation of

A. 4007--B                         46

$80,000,000 authorized by chapter 53 of the laws of 2004 to  the  educa-
tion  department  for  capital  transition  grants  for  transportation,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $243,000,000 authorized by
chapter 55 of the laws of 2004 for payment of costs related to  economic
development  projects, reimbursement from the proceeds of bonds or notes
issued by the urban development corporation for a capital  appropriation
of  $83,500,000 authorized by chapter 53 of the laws of 2006, as amended
by chapter 108 of the laws of 2006, for payment of costs related to  the
H.  H. Richardson complex and the Darwin Martin House, and reimbursement
from the proceeds of notes or bonds issued by  the  dormitory  authority
for  a  capital appropriation of $290,000,000 authorized by chapter 3 of
the laws of 2004 for the New York state economic development program.
  S 23. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,602,000 authorized by chapter
55 of the laws of 2005 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $10,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2005  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $11,350,000
authorized by chapter 55 of the laws of 2005 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2005 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $11,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2005 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for a capital  appropriation
of  $350,000,000  authorized  by  chapter 55 of the laws of 2005 for the
Javits center, reimbursement from the proceeds of notes or bonds  issued
by  the  dormitory  authority for a capital appropriation of $88,344,000
authorized by chapter 62 of the laws of 2005 for  regional  development,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  for a capital appropriation of $176,661,000 authorized by
chapter  62  of  the  laws  of  2005  for  technology  and  development,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation  for  a  capital  appropriation  of  $48,517,000
authorized  by  chapter  162  of the laws of 2005 for the New York state
economic development program, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $150,000,000 authorized by chapter 62 of  the  laws  of
2005  for  the  higher  education  facilities  capital  matching  grants
program, reimbursement from the proceeds of notes or bonds issued by the
dormitory authority or other financing source for  a  capital  appropri-
ation  of $4,000,000 authorized by chapter 50 of the laws of 2005 to the

A. 4007--B                         47

office of general services for payment of capital construction costs for
the Elk street parking garage building located in the  city  of  Albany,
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  a  capital  appropriation  of $15,000,000
authorized by chapter 53 of the laws of  2005  to  the  state  education
department  for  payment of capital construction costs for public broad-
casting facilities, reimbursement from the proceeds of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $15,700,000 authorized by chapter 50 of the laws of 2005 to the divi-
sion of state police for public protection facilities, and reimbursement
from the proceeds of notes or bonds  issued  by  the  urban  development
corporation for capital disbursements of up to $3,000,000 from any capi-
tal  appropriation  or  reappropriation  authorized by chapter 50 of the
laws of 2005 to the division of military and naval affairs  for  various
purposes.
  S  24.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation for $29,600,000 authorized by chapter
55 of the laws of 2006 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2006  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $14,000,000
authorized by chapter 55 of the laws of 2006 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2006 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2006 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2006 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of notes or bonds  issued  by  the  urban  development  corporation  for
disbursements  of  up  to  $12,400,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2006  to  the
division of state police for public protection facilities, reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for a capital appropriation of  $117,000,000  authorized  by
chapter 50 of the laws of 2006 to all state departments and agencies for
the  purchase  of equipment, reimbursement from the proceeds of notes or
bonds issued by the dormitory authority or the urban development  corpo-
ration  for  all  or a portion of capital appropriations of $603,050,000
authorized by chapter 108 of the laws of 2006 to the  urban  development
corporation  for economic development/other projects, reimbursement from

A. 4007--B                         48

the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for a capital appropriation of $269,500,000 authorized by chapter
108 of the laws of 2006 to the dormitory authority or the urban develop-
ment  corporation  for economic development projects, reimbursement from
the proceeds of notes or bonds issued by the dormitory authority or  the
urban   development   corporation   for   a   capital  appropriation  of
$201,500,000 authorized by chapter 108 of the laws of 2006 to the  urban
development  corporation for university development projects, reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity or for a capital appropriation of $143,000,000 authorized by chapter
108 of the laws  of  2006  to  the  urban  development  corporation  for
cultural  facilities  projects, reimbursement from the proceeds of notes
or bonds issued by the dormitory  authority  or  the  urban  development
corporation  for  capital appropriations totaling $60,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  energy/environmental  projects,  reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the  urban  develop-
ment  corporation  for a capital appropriation of $20,000,000 authorized
by chapter 108 of the laws of 2006 to the urban development  corporation
for  a  competitive  solicitation for construction of a pilot cellulosic
ethanol refinery, reimbursement from the  proceeds  of  notes  or  bonds
issued  by the urban development corporation for a capital appropriation
of $74,700,000 authorized by chapter 55 of the laws of 2006 to the urban
development corporation for services and expenses related to infrastruc-
ture for a new stadium in Queens  county,  and  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $74,700,000 authorized by chapter  55  of
the  laws  of 2006 to the urban development corporation for services and
expenses related to infrastructure improvements to construct a new park-
ing facility at a new stadium in Bronx county,  reimbursement  from  the
proceeds  of  notes  and  bonds  issued  by the environmental facilities
corporation for a capital  appropriation  of  $5,000,000  authorized  by
chapter  55  of  the laws of 2006 to the environmental facilities corpo-
ration for payment for the pipeline for jobs program, reimbursement from
the proceeds of notes or bonds issued by  the  dormitory  authority  for
capital  disbursements  of  up to $14,000,000 from any capital appropri-
ation or reappropriation authorized by chapter 53 of the  laws  of  2006
for the library construction purpose, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory  authority for an appropriation of $1,200,000 authorized by chapter
53 of the laws of 2006 for the towns of Bristol and  Canandaigua  public
water  systems, reimbursement from the proceeds of notes or bonds issued
by the urban development corporation or the dormitory authority  for  an
appropriation of $5,500,000 authorized by chapter 53 of the laws of 2006
for  Belleayre  mountain  ski center, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation or the dormi-
tory authority for an appropriation of $25,000,000 authorized by chapter
53 of the laws of 2006 for the town of Smithtown/Kings Park  psychiatric
center rehabilitation, reimbursement from the proceeds of notes or bonds
issued  by  the urban development corporation or the dormitory authority
for an appropriation of $5,000,000 authorized by chapter 108 of the laws
of 2006 for a state of New York umbilical cord bank, reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $5,500,000
authorized  by  chapter  53 of the laws of 2006 for an Old Gore mountain
ski bowl connection, reimbursement from the proceeds of notes  or  bonds

A. 4007--B                         49

issued  by  the urban development corporation or the dormitory authority
for an appropriation of $2,000,000 authorized by chapter 53 of the  laws
of 2006 for a Cornell equine drug testing laboratory, reimbursement from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration or the dormitory authority for  an  appropriation  of  $2,000,000
authorized  by  chapter  53  of the laws of 2006 for a Fredonia vineyard
laboratory, reimbursement from the proceeds of notes or bonds issued  by
the  urban  development  corporation  or  the dormitory authority for an
appropriation of $99,500,000 authorized by chapter 108 of  the  laws  of
2006  to  the  office for technology for payment of capital construction
costs for a consolidated data center, reimbursement from the proceeds of
notes or bonds issued by the dormitory authority or the  urban  develop-
ment corporation for an appropriation of $40,000,000 authorized by chap-
ter 108 of the laws of 2006 for a food testing laboratory, reimbursement
from the proceeds of notes or bonds issued by the New York state thruway
authority  for an appropriation of $22,000,000 authorized by chapter 108
of the laws of 2006 to the department of transportation for  high  speed
rail,  reimbursement  from  the proceeds of notes or bonds issued by the
urban  development  corporation  for  capital  disbursements  of  up  to
$500,000,000 from an appropriation authorized by chapter 108 of the laws
of  2006 to the urban development corporation for development of a semi-
conductor manufacturing facility, reimbursement  from  the  proceeds  of
notes  or  bonds  issued  by  the urban development corporation of up to
$150,000,000 from an appropriation authorized by chapter 108 of the laws
of 2006 to the urban development corporation for research  and  develop-
ment  activities of a semiconductor manufacturer, and reimbursement from
the proceeds of notes or bonds issued by the  urban  development  corpo-
ration for capital disbursements of up to $300,000,000 from an appropri-
ation  to the urban development corporation authorized by chapter 108 of
the laws of 2006 for community revitalization projects.
  S 25. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2007 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for disbursements of up  to  $20,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2007  to the office of general services for various purposes, reimburse-
ment from the proceeds of notes or bonds  issued  by  the  environmental
facilities  corporation  for  a  capital  appropriation  of  $13,500,000
authorized by chapter 55 of the laws of 2007 to the energy research  and
development authority for the Western New York Nuclear Service Center at
West Valley, reimbursement from the proceeds of notes or bonds issued by
the  environmental facilities corporation for a capital appropriation of
$10,000,000 authorized by chapter 55 of the laws of 2007 to the  depart-
ment of environmental conservation for Onondaga lake, reimbursement from
the  proceeds  of  notes or bonds issued by the environmental facilities
corporation for disbursements of up  to  $12,000,000  from  any  capital
appropriations  or reappropriations authorized by chapter 55 of the laws
of 2007 to the department of  environmental  conservation  for  environ-
mental  purposes,  reimbursement  from  the  proceeds  of notes or bonds
issued by the urban development corporation for capital disbursements of

A. 4007--B                         50

up to $3,000,000  from  any  capital  appropriation  or  reappropriation
authorized by chapter 50 of the laws of 2007 to the division of military
and  naval affairs for various purposes, reimbursement from the proceeds
of  notes  or  bonds  issued  by  the  urban development corporation for
disbursements from a capital appropriation of $50,000,000 authorized  by
chapter  50  of  the  laws  of  2007 to the division of state police for
construction of a Troop G facility, reimbursement from the  proceeds  of
notes or bonds issued by the urban development corporation for disburse-
ments  from  a capital appropriation of $6,000,000 authorized by chapter
50 of the laws of 2007 to the division of state police for  construction
of evidence storage facilities, reimbursement from the proceeds of notes
or  bonds  issued  by  the  dormitory authority or the urban development
corporation for capital appropriations totaling  $77,900,000  authorized
by  chapter  51  of the laws of 2007 to the judiciary for court training
facilities and courthouse improvement projects, reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for a capital appropriation of $20,000,000 authorized by chapter  50  of
the  laws of 2007 to all state departments and agencies for the purchase
of equipment, reimbursement from the proceeds of notes or  bonds  issued
by   the   dormitory  authority  for  capital  disbursements  of  up  to
$14,000,000 from any capital appropriation or reappropriation authorized
by chapter 53 of the laws of 2007 for library  construction,  reimburse-
ment from the proceeds of notes or bonds issued by the dormitory author-
ity  for  capital  disbursements  of  up to $60,000,000 from any capital
appropriation or reappropriation authorized by chapter 53 of the laws of
2007 for cultural education storage facilities, reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for capital disbursements of up to $15,000,000 from any  capital  appro-
priation or reappropriation authorized by chapter 55 of the laws of 2007
for   the   Roosevelt   Island  Operating  Corporation  aerial  tramway,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development  corporation  for capital disbursements of up to $20,000,000
from any capital appropriation or reappropriation authorized by  chapter
55  of  the  laws  of 2007 for Governor's Island, reimbursement from the
proceeds of notes or bonds issued by the urban  development  corporation
for capital disbursements of up to $7,500,000 from any capital appropri-
ation  or  reappropriation  authorized by chapter 55 of the laws of 2007
for Harriman  research  and  technology  park,  reimbursement  from  the
proceeds  of  notes or bonds issued by the urban development corporation
for capital disbursements of up to $7,950,000 from any capital appropri-
ation or reappropriation authorized by chapter 55 of the  laws  of  2007
for  USA  Niagara, and reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital disbursements of
up to $1,300,000 from appropriations authorized by  chapter  50  of  the
laws  of  2007  made  to  the office of general services for legislative
office building hearing rooms.
  S 26. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2008 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $141,000,000  authorized  by

A. 4007--B                         51

chapter 50 of the laws of 2008 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $45,500,000 from any capital appropriation or
reappropriation  authorized  by  chapter  50  of the laws of 2008 to the
office of general services for various purposes, reimbursement from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $13,500,000 authorized by chapter
55 of the laws of 2008 to the energy research and development  authority
for  the  Western  New  York  Nuclear  Service  Center  at  West Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000
authorized by chapter 55 of the laws of 2008 to the department of  envi-
ronmental   conservation  for  Onondaga  lake,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by chapter 55 of the laws of  2008
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  chapter 50 of the laws of 2008 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $2,500,000 authorized by chapter 50 of the laws of 2008
to the  office  for  technology  for  activities  related  to  broadband
service, reimbursement from the proceeds of notes or bonds issued by the
urban  development corporation for a capital appropriation of $6,000,000
authorized by chapter 50 of the laws of 2008 to the  division  of  state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York or other financing source for a capital appropriation authorized by
chapter 53 of the laws of 2008 of $14,000,000 to the  education  depart-
ment  for library construction, reimbursement from the proceeds of notes
or bonds issued by the dormitory authority of the state of New  York  or
other financing source for a capital appropriation authorized by chapter
53  of  the  laws of 2008 of $15,000,000 to the education department for
museum renewal projects, reimbursement from the  proceeds  of  notes  or
bonds  issued by the urban development corporation for capital appropri-
ation of $50,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related  to  the
investment opportunity fund, reimbursement from the proceeds of notes or
bonds  issued by the urban development corporation for capital appropri-
ation of $28,000,000 authorized by chapter 53 of the laws of 2008 to the
urban development corporation for services and expenses related to  arts
and cultural projects, reimbursement from the proceeds of bonds or notes
issued  by the urban development corporation for a capital appropriation
of $32,148,000 authorized by chapter 53 of the laws of 2008 for economic
and community development projects, reimbursement from the  proceeds  of
bonds or notes issued by the urban development corporation for a capital
appropriation  of  $30,000,000  authorized  by chapter 53 of the laws of
2008 for New York city waterfront  development  projects,  reimbursement
from  the  proceeds  of  bonds  or notes issued by the urban development
corporation for a capital appropriation  of  $45,000,000  authorized  by
chapter  53  of  the  laws  of  2008  for  Luther  Forest infrastructure
projects, reimbursement from the proceeds of notes or  bonds  issued  by

A. 4007--B                         52

the   urban   development   corporation  for  capital  appropriation  of
$35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
development  corporation  for services and expenses related to downstate
regional  projects,  reimbursement  from  the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$137,037,000 authorized by chapter 53 of the laws of 2008 to  the  urban
development  corporation  for  services  and expenses related to upstate
city-by-city projects, reimbursement from the proceeds of notes or bonds
issued by the urban development corporation for capital appropriation of
$35,000,000 authorized by chapter 53 of the laws of 2008  to  the  urban
development  corporation  for services and expenses related to the down-
state revitalization projects, reimbursement from the proceeds of  notes
or  bonds issued by the urban development corporation for capital appro-
priation of $117,265,000 authorized by chapter 53 of the laws of 2008 to
the urban development corporation for services and expenses  related  to
the  upstate regional blueprint fund, reimbursement from the proceeds of
notes or bonds issued by the urban development corporation  for  capital
appropriation  of  $25,000,000  authorized  by chapter 53 of the laws of
2008 to the urban development  corporation  for  services  and  expenses
related   to   the   upstate  agricultural  economic  development  fund,
reimbursement from the proceeds of notes or bonds issued  by  the  urban
development   corporation  for  capital  appropriation  of  $350,000,000
authorized by chapter 53 of the laws of 2008 to  the  urban  development
corporation  for  services  and  expenses  related to the New York state
capital assistance program, reimbursement from the proceeds of notes  or
bonds  issued by the urban development corporation for capital appropri-
ation of $341,332,000 authorized by chapter 53 of the laws  of  2008  to
the  urban  development corporation for services and expenses related to
the  New  York  state  economic  development  assistance  program,   and
reimbursement  from  the  proceeds of notes or bonds issued by the urban
development corporation for capital appropriation of $20,000,000 author-
ized by chapter 55 of the laws of 2008 to the urban  development  corpo-
ration  for  services  and expenses related to the empire state economic
development fund.
  S 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2009 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $129,800,000  authorized  by
chapter 50 of the laws of 2009 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $24,000,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2009  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $13,500,000 authorized by  chapter
55  of the laws of 2009 to the energy research and development authority
for the  Western  New  York  Nuclear  Service  Center  at  West  Valley,
reimbursement from the proceeds of notes or bonds issued by the environ-
mental facilities corporation for a capital appropriation of $10,000,000

A. 4007--B                         53

authorized  by chapter 55 of the laws of 2009 to the department of envi-
ronmental  conservation  for  Onondaga  lake,  reimbursement  from   the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations  or reappropriations authorized by chapter 55 of the laws of 2009
to  the  department  of  environmental  conservation  for  environmental
purposes,  reimbursement  from  the proceeds of notes or bonds issued by
the urban development corporation for capital  disbursements  of  up  to
$3,000,000  from any capital appropriation or reappropriation authorized
by chapter 50 of the laws of 2009 to the division of military and  naval
affairs  for  various purposes, reimbursement from the proceeds of notes
or bonds issued by the  urban  development  corporation  for  a  capital
appropriation of $6,000,000 authorized by chapter 50 of the laws of 2009
to  the  division  of  state  police  for  rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital  appropriation  authorized  by chapter 53 of the laws of 2009 of
$14,000,000 to the state education department for library  construction,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $4,000,000 to the  state  education  department
for  rehabilitation  associated  with  the  St.  Regis Mohawk elementary
school authorized by chapter 53 of the laws of  2009  and  reimbursement
from  the  proceeds  of  notes  or bonds issued by the urban development
corporation for capital appropriation of $25,000,000 authorized by chap-
ter 55 of the laws of 2009 to  the  urban  development  corporation  for
services  and  expenses related to the empire state economic development
fund.
  S 28. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration  for a capital appropriation of $29,600,000 authorized by chapter
55 of the laws of 2010 to the department of  environmental  conservation
for payment of a portion of the state's match for federal capitalization
grants  for  the water pollution control revolving loan fund, reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation for a capital appropriation of  $187,285,000  authorized  by
chapter 50 of the laws of 2010 to all state departments and agencies for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $26,950,000 from any capital appropriation or
reappropriation authorized by chapter 50 of the  laws  of  2010  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $5,000,000 authorized  by  chapter
55  of  the laws of 2010 to the department of environmental conservation
for Onondaga lake, reimbursement from the proceeds  of  notes  or  bonds
issued  by the environmental facilities corporation for disbursements of
up to $12,000,000 from any capital  appropriations  or  reappropriations
authorized  by chapter 55 of the laws of 2010 to the department of envi-
ronmental conservation for environmental  purposes,  reimbursement  from
the  proceeds  of  notes or bonds issued by the urban development corpo-
ration for capital disbursements of up to $3,000,000  from  any  capital
appropriation or reappropriation authorized by chapter 50 of the laws of
2010 to the division of military and naval affairs for various purposes,

A. 4007--B                         54

reimbursement  from  the  proceeds of notes or bonds issued by the urban
development  corporation  for  a  capital  appropriation  of  $6,000,000
authorized  by  chapter  50 of the laws of 2010 to the division of state
police for rehabilitation of facilities, reimbursement from the proceeds
of  notes or bonds issued by the dormitory authority of the state of New
York  or  other  financing  source  for  a  capital   appropriation   of
$14,000,000  authorized  by  chapter 53 of the laws of 2010 to the state
education department for library construction, reimbursements  from  the
proceeds  of  notes  or  bonds  issued by the dormitory authority of the
state of New York or other financing source for a capital  appropriation
of  $20,400,000  authorized  by  chapter  100 of the laws of 2010 to the
state  education  department  for  the  longitudinal  data  system   and
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry  authority  of  the state of New York or other financing source for a
capital appropriation of $42,000,000  for  the  state  preparedness  and
training center.
  S  29.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  capital  projects fund, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for a capital appropriation of $35,000,000 authorized by a  chap-
ter  of the laws of 2011 to the department of environmental conservation
for payment of a portion of the state's match for federal capitalization
grants for the water pollution control revolving loan  fund,  reimburse-
ment from the proceeds of notes or bonds issued by the urban development
corporation  for  a capital appropriation of $92,751,000 authorized by a
chapter of the laws of 2011 to all state departments  and  agencies  for
the purchase of equipment or systems development, reimbursement from the
proceeds  of  notes or bonds issued by the urban development corporation
for disbursements of up to $40,000,000 from any capital appropriation or
reappropriation authorized by a chapter of  the  laws  of  2011  to  the
office  of general services for various purposes, reimbursement from the
proceeds of notes or bonds issued by the environmental facilities corpo-
ration for disbursements of up to $12,000,000 from any capital appropri-
ations or reappropriations authorized by a chapter of the laws  of  2011
to  the  department  of  environmental  conservation  for  environmental
purposes, reimbursement from the proceeds of notes or  bonds  issued  by
the  urban  development  corporation  for capital disbursements of up to
$3,000,000 from any capital appropriation or reappropriation  authorized
by  a  chapter of the laws of 2011 to the division of military and naval
affairs for various purposes, reimbursement from the proceeds  of  notes
or  bonds  issued  by  the  urban  development corporation for a capital
appropriation of $6,000,000 authorized by a chapter of the laws of  2011
to  the  division  of  state  police  for  rehabilitation of facilities,
reimbursement from the proceeds of notes or bonds issued by the dormito-
ry authority of the state of New York or other financing  source  for  a
capital appropriation of $14,000,000 authorized by a chapter of the laws
of 2011 to the state education department for library construction.
  S  30.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to the credit of the state university residence hall rehabilitation fund
(074),  reimbursement  from the proceeds of notes or bonds issued by the
dormitory authority of the state of New York for  capital  disbursements
of  up to $331,000,000 from any appropriation or reappropriation author-
ized by a chapter of the laws of 2011.

A. 4007--B                         55

  S 31. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary,  the  comptroller is hereby authorized and directed to deposit
to the credit of the  capital  projects  fund,  reimbursement  from  the
proceeds  of  notes or bonds issued by the dormitory authority and urban
development  corporation  for  disbursements of up to $8,000,000 from an
appropriation authorized by chapter 50 of the  laws  of  2009  for  drug
courts.
  S  32.  Notwithstanding  any  other  law,  rule,  or regulation to the
contrary, the comptroller is hereby authorized and directed  to  deposit
to  the  credit  of  the  city  university  special  revenue fund (377),
reimbursement from the proceeds of notes or bonds issued by the Dormito-
ry Authority of the State of New York for capital disbursements of up to
$20,000,000 from any  appropriation  or  reappropriation  authorized  by
chapter  53  of  the laws of 2009 to the city university of New York for
various purposes.
  S 33. Notwithstanding any  other  law,  rule,  or  regulation  to  the
contrary, the state comptroller is hereby authorized and directed to use
any  balance  remaining  in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical  care  facilities  finance  agency,  and  the
facilities development corporation pursuant to chapter 83 of the laws of
1995  and  the  department  of  mental hygiene for the purpose of making
payments to the dormitory authority of the state of  New  York  for  the
amount  of  the  earnings  for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to  the  provisions  of
the  internal  revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal  income  taxation  on  the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. On or before June 30, 2011, such agency shall
certify  to  the  state  comptroller  its  determination  of the amounts
received in the mental health services fund as a result of  the  invest-
ment  of monies deposited therein that will or may have to be rebated to
the federal government pursuant to the provisions of the internal reven-
ue code of 1986, as amended.
  S 34. (1) Notwithstanding any other law, rule, or  regulation  to  the
contrary,  the state comptroller shall at the commencement of each month
certify to the director of the budget, the commissioner of environmental
conservation, the chair of the senate finance committee, and  the  chair
of  the assembly ways and means committee the amounts disbursed from all
appropriations for hazardous waste site  remediation  disbursements  for
the month preceding such certification.
  (2)  Notwithstanding any law to the contrary, prior to the issuance by
the comptroller of bonds authorized pursuant to subdivision a of section
4 of the environmental quality bond act of nineteen hundred  eighty-six,
as  enacted  by  chapter 511 of the laws of 1986, disbursements from all
appropriations for that purpose shall first be  reimbursed  from  moneys
credited  to  the  hazardous waste remedial fund, site investigation and
construction account,  to  the  extent  moneys  are  available  in  such
account.  For  purposes of determining moneys available in such account,
the commissioner of environmental  conservation  shall  certify  to  the
comptroller  the  amounts  required  for administration of the hazardous
waste remedial program.

A. 4007--B                         56

  (3) The comptroller is hereby authorized and directed to transfer  any
balance above the amounts certified by the commissioner of environmental
conservation  to  reimburse disbursements pursuant to all appropriations
from such site investigation and construction account; provided,  howev-
er,  that  if  such  transfers  are  determined by the comptroller to be
insufficient to assure that interest paid  to  holders  of  state  obli-
gations  issued  for  hazardous  waste purposes pursuant to the environ-
mental quality bond act of nineteen hundred eighty-six,  as  enacted  by
chapter 511 of the laws of 1986, is exempt from federal income taxation,
the comptroller is hereby authorized and directed to transfer, from such
site  investigation  and  construction  account to the general fund, the
amount necessary to redeem bonds in an amount necessary  to  assure  the
continuation  of such tax exempt status. Prior to the making of any such
transfers, the comptroller shall notify the director of  the  budget  of
the amount of such transfers.
  S  35.  Subdivision  8  of  section  68-b of the state finance law, as
amended by chapter 79 of the  laws  of  2010,  is  amended  to  read  as
follows:
  8.  Revenue  bonds  may  only  be  issued  for authorized purposes, as
defined in section sixty-eight-a of this  article.  Notwithstanding  the
foregoing,  the  dormitory  authority  of  the state of New York and the
urban development corporation may issue revenue bonds for any authorized
purpose of any other such authorized issuer through March  thirty-first,
two  thousand  [eleven] TWELVE.   The authorized issuers shall not issue
any revenue bonds in an amount in excess of statutory authorizations for
such authorized purposes. Authorizations for  such  authorized  purposes
shall  be  reduced  in  an  amount  equal to the amount of revenue bonds
issued for such authorized purposes under this article.  Such  reduction
shall  not  be  made in relation to revenue bonds issued to fund reserve
funds, if any, and costs of issuance, if these  items  are  not  counted
under  existing authorizations, nor shall revenue bonds issued to refund
bonds issued under existing authorizations reduce  the  amount  of  such
authorizations.
  S  36.  Subdivision  2  of  section  68-a of the state finance law, as
amended by chapter 79 of the  laws  of  2010,  is  amended  to  read  as
follows:
  2. "Authorized purpose" for purposes of this article and section nine-
ty-two-z  of  this  chapter shall mean any purposes for which state-sup-
ported debt, as defined by section sixty-seven-a of this chapter, may or
has been issued except debt for  which  the  state  is  constitutionally
obligated  thereunder  to  pay  debt  service  and related expenses, and
except (a) as authorized in paragraph (b) of subdivision one of  section
three  hundred eighty-five of the public authorities law, (b) as author-
ized for the department of health of the state of New York facilities as
specified in paragraph a of subdivision two of section  sixteen  hundred
eighty  of  the public authorities law, (c) state university of New York
dormitory facilities  as  specified  in  subdivision  eight  of  section
sixteen  hundred seventy-eight of the public authorities law, and (d) as
authorized for mental health services facilities by  section  nine-a  of
section  one of chapter three hundred ninety-two of the laws of nineteen
hundred seventy-three constituting  the  New  York  state  medical  care
facilities  financing  act. Notwithstanding the provisions of clause (d)
of this subdivision, for the  period  April  first,  two  thousand  nine
through  March thirty-first, two thousand [eleven] TWELVE, mental health
services facilities, as authorized by section nine-a of section  one  of
chapter  three hundred ninety-two of the laws of nineteen hundred seven-

A. 4007--B                         57

ty-three constituting the New York state medical care facilities financ-
ing act, shall constitute an authorized purpose.
  S 37. Section 51 of part RR of chapter 57 of the laws of 2008, provid-
ing  for the administration of certain funds and accounts related to the
2008-2009 budget, as amended by chapter 48  of  the  laws  of  2010,  is
amended to read as follows:
  S  51.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided,
however, that the amendments to subdivision 6 of section 4 and  subdivi-
sion  4  of section 40 of the state finance law made by sections fifteen
and sixteen of this act shall expire on the same date such  subdivisions
expire; and provided, further, however, that section thirty-four of this
act  shall take effect on the same date as the reversion of section 69-c
of the state finance law as provided in section 58 of part T of  chapter
57  of  the laws of 2007, as amended; provided, further that such amend-
ments shall expire and be deemed repealed March  31,  [2011]  2012;  and
provided, further, however, that sections one, three, four, and eighteen
through  twenty-seven  of this act shall expire March 31, 2009 when upon
such date the provisions of such sections shall be deemed repealed;  and
provided  further  that  section fourteen of this act shall expire March
31, 2011 when upon such date the provisions of  such  section  shall  be
deemed repealed.
  S  38.  Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 48 of part JJ of chapter 56 of the laws  of  2010,
is amended to read as follows:
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing  environmental  infrastructure  projects  authorized  by  this
section  shall  be  nine  hundred  [three] FIFTEEN million seven hundred
forty-seven thousand dollars, exclusive of bonds issued to fund any debt
service reserve funds, pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise  repay  bonds  or  notes  previously
issued.   Such bonds and notes of the corporation shall not be a debt of
the state, and the state shall not be liable thereon, nor shall they  be
payable  out  of any funds other than those appropriated by the state to
the corporation for debt service and related expenses  pursuant  to  any
service  contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof  a  statement
to such effect.
  S  39.  Subdivision  (a)  of section 28 of part Y of chapter 61 of the
laws of 2005, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2005-2006 budget, as amended by section 49 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  Subject  to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law  to  the  contrary,  one  or  more
authorized  issuers  as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more  series  in
an  aggregate  principal amount not to exceed [$18,000,000] $21,000,000,
excluding bonds issued to finance  one  or  more  debt  service  reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to  refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects for public protection  facili-
ties  in  the  Division  of Military and Naval Affairs, debt service and
leases; and to reimburse the state general fund for  disbursements  made
therefor.  Such bonds and notes of such authorized issuer shall not be a
debt of the state, and the state shall not be liable thereon, nor  shall

A. 4007--B                         58

they  be  payable  out of any funds other than those appropriated by the
state to such authorized issuer for debt service  and  related  expenses
pursuant to any service contract executed pursuant to subdivision (b) of
this  section and such bonds and notes shall contain on the face thereof
a statement to such effect. Except for purposes of  complying  with  the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
  S  40.  Subdivision  (a)  of section 48 of part K of chapter 81 of the
laws of 2002, providing for the  administration  of  certain  funds  and
accounts  related  to  the 2002-2003 budget, as amended by section 50 of
part JJ of chapter 56 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  Subject  to  the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of  the  urban  development
corporation  act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  $67,000,000  excluding  bonds  issued  to  fund one or more debt
service reserve funds, to pay costs of issuance of such bonds, and bonds
or notes issued to refund or otherwise repay such bonds or notes  previ-
ously  issued,  for  the  purpose  of financing capital costs related to
homeland security and training facilities  for  the  division  of  state
police,  the division of military and naval affairs, and any other state
agency, including the reimbursement of any disbursements made  from  the
state  capital projects fund, and is hereby authorized to issue bonds or
notes in one or more series in an  aggregate  principal  amount  not  to
exceed  [$165,800,000]  $205,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs  of  issuance  of  such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the  reimbursement  of  any  disbursements  made  from the state capital
projects fund. Such bonds and notes of the corporation shall  not  be  a
debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those  appropriated  by  the
state  to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision  (b)  of  this
section,  and  such  bonds and notes shall contain on the face thereof a
statement to such effect.
  S 41. Subdivision 4 of section 66-b  of  the  state  finance  law,  as
amended  by  section 51 of part JJ of chapter 56 of the laws of 2010, is
amended to read as follows:
  4. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, but notwithstanding any other provisions of law to the contra-
ry,  the  maximum  amount  of  certificates  of participation or similar
instruments representing periodic payments due from  the  state  of  New
York,  issued  on  behalf  of  state  departments and agencies, the city
university of New York and any other state  entity  otherwise  specified
after  March  thirty-first,  two  thousand  three shall be seven hundred
[fifty-one]  EIGHTY-FOUR  million  two  hundred   eighty-five   thousand
dollars. Such amount shall be exclusive of certificates of participation
or  similar instruments issued to fund a reserve fund or funds, costs of
issuance and to refund outstanding certificates of participation.
  S 42. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, providing for the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by

A. 4007--B                         59

section 52 of part JJ of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal amount not to exceed six billion [one] FOUR hundred
[sixty-four] NINETY million [sixty-nine] FOUR HUNDRED  SIXTY-NINE  thou-
sand  dollars  [$6,164,069,000]  $6,490,469,000,  and  shall include all
bonds, notes and other obligations issued pursuant to chapter 56 of  the
laws  of  1983,  as amended or supplemented. The proceeds of such bonds,
notes or other obligations shall be paid to the state,  for  deposit  in
the  correctional  facilities capital improvement fund to pay for all or
any portion of the amount or amounts paid by the  state  from  appropri-
ations  or  reappropriations  made  to  the  department [of correctional
services] OF CORRECTIONS AND COMMUNITY SUPERVISION from the correctional
facilities capital improvement fund for capital projects. The  aggregate
amount  of  bonds,  notes  or  other obligations authorized to be issued
pursuant to this section shall exclude bonds, notes or other obligations
issued to refund or otherwise repay bonds, notes  or  other  obligations
theretofore issued, the proceeds of which were paid to the state for all
or a portion of the amounts expended by the state from appropriations or
reappropriations  made  to  the  department  of  [correctional services]
CORRECTIONS AND COMMUNITY SUPERVISION; provided, however, that upon  any
such  refunding  or  repayment  the  total aggregate principal amount of
outstanding bonds, notes or other obligations may be  greater  than  six
billion [one] FOUR hundred [sixty-four] NINETY million [sixty-nine] FOUR
HUNDRED  SIXTY-NINE  thousand  dollars  [$6,164,069,000] $6,490,469,000,
only if the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations to be  issued  shall  not
exceed  the  present  value  of the aggregate debt service of the bonds,
notes or other obligations so to be refunded or repaid. For the purposes
hereof, the present value of the aggregate debt service of the refunding
or repayment bonds, notes or other obligations and of the aggregate debt
service of the bonds, notes or other obligations so refunded or  repaid,
shall  be  calculated  by  utilizing  the effective interest rate of the
refunding or repayment bonds, notes or other obligations, which shall be
that  rate  arrived  at  by  doubling  the  semi-annual  interest   rate
(compounded  semi-annually)  necessary  to  discount  the  debt  service
payments on the refunding or repayment bonds, notes or other obligations
from the payment dates thereof to the date of issue of the refunding  or
repayment bonds, notes or other obligations and to the price bid includ-
ing  estimated  accrued interest or proceeds received by the corporation
including estimated accrued interest from the sale thereof.
  S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, providing for the  financing  of  the  correctional  facilities
improvement  fund and the youth facility improvement fund, as amended by
section 53 of part JJ of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes  and  other  obligations  in  an
aggregate  principal amount not to exceed [three] FOUR hundred [seventy-
nine]  TWENTY-NINE  million  five  hundred  fifteen   thousand   dollars
[($379,515,000)]   ($429,515,000),  which  authorization  increases  the

A. 4007--B                         60

aggregate principal amount of bonds, notes and other obligations author-
ized by section 40 of chapter 309 of the laws of 1996, and shall include
all bonds, notes and other obligations issued pursuant to chapter 211 of
the  laws  of  1990,  as  amended  or supplemented. The proceeds of such
bonds, notes or other obligations shall be paid to the state, for depos-
it in the youth facilities improvement fund,  to  pay  for  all  or  any
portion  of  the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and  family  services
from  the  youth  facilities  improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to  be
issued  pursuant  to  this  section  shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds,  notes  or  other
obligations  theretofore  issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended  by  the  state  from
appropriations  or  reappropriations  made to the office of children and
family services; provided, however, that  upon  any  such  refunding  or
repayment  the  total  aggregate  principal amount of outstanding bonds,
notes or other obligations may be  greater  than  [three]  FOUR  hundred
[seventy-nine] TWENTY-NINE million five hundred fifteen thousand dollars
[($379,515,000)]  $429,515,000,  only if the present value of the aggre-
gate debt service of the refunding or repayment bonds,  notes  or  other
obligations  to  be  issued  shall  not  exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present  value  of  the
aggregate  debt  service  of  the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds,  notes
or  other  obligations  so  refunded  or  repaid, shall be calculated by
utilizing the effective interest rate  of  the  refunding  or  repayment
bonds,  notes  or other obligations, which shall be that rate arrived at
by doubling the semi-annual  interest  rate  (compounded  semi-annually)
necessary  to  discount  the  debt  service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds,  notes  or
other  obligations  and  to  the  price  bid including estimated accrued
interest or proceeds received by  the  corporation  including  estimated
accrued interest from the sale thereof.
  S  44.  Paragraph  (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 54 of part JJ of  chapter  56
of the laws of 2010, is amended to read as follows:
  (a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand,  in  order  to  enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of  such
housing  programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable  housing  program  bonds  and
notes  in  such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and  not  previously
reimbursed)  pursuant  to law or any prior year making capital appropri-
ations or reappropriations for the  purposes  of  the  housing  program;
provided,  however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [five] SIX  hundred
[thirty-two]  THIRTY-SIX million [two] FOUR hundred ninety-nine thousand
dollars, plus a principal amount  of  bonds  issued  to  fund  the  debt
service  reserve  fund  in accordance with the debt service reserve fund
requirement established by the agency and to  fund  any  other  reserves
that  the agency reasonably deems necessary for the security or marketa-
bility of such bonds and to provide for the payment of  fees  and  other

A. 4007--B                         61

charges  and  expenses,  including  underwriters'  discount, trustee and
rating agency fees, bond insurance,  credit  enhancement  and  liquidity
enhancement  related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive  state  funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the  extent  of
any  deficiency  resulting  directly or indirectly from a failure of the
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
  S 45. Paragraph j of subdivision 2  of  section  1680  of  the  public
authorities  law,  as  amended by section 37 of part PP of chapter 56 of
the laws of 2009, is amended to read as follows:
  j. Subject to the provisions of chapter fifty-nine of the laws of  two
thousand, the maximum amount of bonds and notes to be issued after March
thirty-first,  two  thousand  two  for  a  housing  unit  for the use of
students at  a  state-operated  institution  or  statutory  or  contract
college under the jurisdiction of the state university of New York shall
be  one  billion  [two] FIVE hundred [thirty] SIXTY-ONE million dollars.
Such amount shall be exclusive of bonds and notes  issued  to  fund  any
reserve  fund or funds, costs of issuance, and to refund any outstanding
bonds and notes relating to a housing unit under the jurisdiction of the
state university of New York.
  S 46. Subdivision (b) of section 11 of chapter  329  of  the  laws  of
1991,  amending  the  state  finance  law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 2 of part C of chapter 109 of the laws of 2010, is amended to
read as follows:
  (b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
14-k of the transportation law, and entered into pursuant to subdivision
(a)  of  this  section,  shall  provide for state commitments to provide
annually to the thruway authority a sum or sums,  upon  such  terms  and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations  of  the thruway authority issued to fund such projects having a
cost not in excess of [$6,286,660,000]  $6,695,169,000  cumulatively  by
the end of fiscal year [2010-2011] 2011-12.
  S 47. Intentionally omitted.
  S 48. Intentionally omitted.
  S  49.  Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 46 of part JJ of chapter 56 of the laws  of  2010,
is amended to read as follows:
  1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
request of the commissioner of education, to  finance  eligible  library
construction projects pursuant to section two hundred seventy-three-a of
the  education  law,  in  amounts  certified by such commissioner not to
exceed  a  total  principal  amount  of  [seventy]  EIGHTY-FOUR  million
dollars.
  S 50. Intentionally omitted.
  S 51. Intentionally omitted.
  S 52. Intentionally omitted.
  S 53. Intentionally omitted.
  S 54. Intentionally omitted.
  S 55. Intentionally omitted.
  S 56. Intentionally omitted.
  S 57. Intentionally omitted.

A. 4007--B                         62

  S 58. Intentionally omitted.
  S  58-a.  Paragraph  (a) of section 55 of part JJ of chapter 56 of the
laws of 2010, relating to providing for the  administration  of  certain
funds  and  accounts related to the 2010-2011 budget, is amended to read
as follows:
  (a) section forty-two of this act shall be deemed to have been in full
force and effect on and after April 1, [2008] 2007;
  S 59. This act shall take effect immediately and shall  be  deemed  to
have  been in full force and effect on and after April 1, 2011; provided
further that sections  one  through  fourteen-a  and  sections  eighteen
through  twenty-eight of this act shall expire March 31, 2012, when upon
such date, the provisions of such sections  shall  be  deemed  repealed;
provided  further that the amendments to subdivision 5 of section 97-rrr
of the state finance law made by section sixteen of this act  shall  not
affect the expiration of such subdivision and shall expire therewith.

                                 PART O

  Intentionally omitted.

                                 PART P

  Section  1.  Notwithstanding any other law, the State University Down-
state Medical Center may create a not-for-profit  corporation  of  which
the  State  University Downstate Medical Center is the sole member, that
will acquire the medical facilities owned by  the  Long  Island  College
Hospital  in  exchange  for the assumption by such not-for-profit corpo-
ration of certain obligations  of  the  Long  Island  College  Hospital,
including  debt  obligations  to the Dormitory Authority, and such other
consideration as may be mutually agreed to;  and  the  State  University
Downstate  Medical  Center  may  enter  into a long-term lease with such
not-for-profit corporation for the facilities acquired by such  not-for-
profit  corporation from the Long Island College Hospital, on such terms
and conditions as shall be agreed to between the State University  Down-
state  Medical  Center  and  such  not-for-profit corporation, including
provisions for the payment of lease payments sufficient to fund the debt
obligations acquired by such not-for-profit corporation, subject to  the
approval  of  the  comptroller, the attorney general and the director of
the budget.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
legislative law and the state finance law relating to the operation  and
administration of the legislature, as amended by section 2 of part QQ of
chapter 56 of the laws of 2010, is amended to read as follows:
  S  13.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect as of April 1, 1994,  provided  that,
the  provisions  of  section  5-a  of  the legislative law as amended by
sections two and two-a of this act shall take effect on January 1, 1995,
and provided further that, the provisions of article 5-A of the legisla-
tive law as added by section eight of this act  shall  expire  June  30,
[2011]  2012 when upon such date the provisions of such article shall be
deemed repealed; and provided further that section twelve  of  this  act

A. 4007--B                         63

shall be deemed to have been in full force and effect on and after April
10, 1994.
  S  2.  This  act  shall take effect immediately, provided, however, if
section two of this act shall take effect on  or  after  June  30,  2011
section  two  of this act shall be deemed to have been in full force and
effect on and after June 30, 2011.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through Q of this act shall  be
as specifically set forth in the last section of such Parts.

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